Standards of construction not otherwise specified hereunder shall be
according to the Standard Specifications for Highways, Bridges and Waterways
and the Construction Standards of the Massachusetts Department of Public Works
(current editions).
A. All improvements specified or implied on the definitive
plan shall be constructed in accordance with the approved plans. The owner
shall ensure that the Board has a set of reproducible plans (mylars or sepias)
prior to construction.
B. A copy of the approved plans, conditions of approval
and these rules and regulations shall be maintained on site.
C. As each construction operation is completed, it shall
be inspected and approved by the Planning Board or its agent prior to starting
work on the succeeding operation according to the construction inspection
schedule in the Appendix.
D. All improvements shall be installed at no cost to the
Town unless specifically authorized by the Selectmen.
E. The terms "applicant," "contractor" and "subdivider"
used throughout this article shall all refer to the owner's responsibility
to ensure that the construction standards are followed and that all of his
representatives uphold those standards while maintaining the safety of others.
F. The contractor shall provide fences, barriers, signs
and other safety features as may be necessary for the protection of the public
when working within a public way or area, or when deemed necessary by the
Board, or other Town safety official, at no cost to the Town.
G. All pavement, drain lines and underground municipal services
shall be laid out as to line and grade by a registered civil engineer or registered
land surveyor. All right-of-way lines shall be laid out as to line by a registered
land surveyor.
H. The contractor shall facilitate inspection of work and
provide for the requested tests of materials by independent laboratories for
quality control at no cost to the Town. Typically, upon the completion of
the final wearing course of bituminous concrete in the street, the subdivider
orders core borings every 300 feet in alternate lanes to be performed by an
independent laboratory. The core borings are two feet in depth. A full report
shall be submitted to the Board for review.
Before the Board will release in whole or in part the interest of the
Town in a performance bond, deposit or securities (or, in the case of approval
with covenant, release of covenant), the applicant shall complete to the satisfaction
of the Board the following:
A. Street acceptance and as-built plans. Two copies of each
shall be filed with the Board of Selectmen.
(1) Street acceptance plan. The applicant shall file with
the Board of Selectmen a certified street acceptance plan (or, in the case
of approval with covenant, a plan of the street ways serving the lots for
which a release is desired), prepared by a registered land surveyor, showing
the dimensions and directions of the way, and showing monuments installed.
The surveyor shall certify on the plan that the monuments have been accurately
installed in accordance with these rules and regulations. This plan shall
be suitable for recording or registration.
(2) As-built plan. The applicant shall file an as-built plan,
prepared by a registered civil engineer or land surveyor, which shall bear
a statement certifying that streets, storm drains, and other infrastructure
have been constructed in accordance with these rules and regulations and any
conditions approved by the Board.
B. Inspection records.
(1) The applicant shall be responsible for obtaining and
submitting to the Board written evidence that the construction of the subdivision
road and infrastructure was inspected and approved by the Board or its agent
and that all improvements have been fully completed in accordance with these
rules and regulations.
(2) The owner shall schedule a pre-construction conference
to discuss the construction schedule and review the conditions of the definitive
plans and all other permits with the contractor.
(3) The owner shall request to the Board or its agent inspections
at least 48 hours in advance. The minimum inspections required are specified
in the Appendix. If in the opinion of the Board the developer/contractor abuses
inspectional services or additional inspectional services are required, the
developer shall pay for them.
C. Conveying title to utilities. The applicant shall execute
an instrument transferring to the Town, without cost, valid unencumbered title
to all utilities and appurtenances thereto, constructed and installed in the
subdivision or approved portion thereof, and conveying to the Town without
cost and free of all liens and encumbrances perpetual rights and easements
to construct, inspect, repair, renew, replace, operate and forever maintain
such utilities, and to do all acts incidental thereto, in, through and under
the whole of all streets in the subdivision or approved portion thereof, and
if any such utilities have been constructed and installed in land not within
such streets, then in, through and under a strip of land extending 10 feet
in width on each side of the center line of all such utilities.
D. Conveying title to easements. The applicant shall execute
an instrument transferring to the Town, without cost, valid unencumbered title
to all easements established in connection with the subdivision or required
by the Board in the definitive plan. Legal description of the easement shall
appear in the deed.
E. Additional testing. If additional testing is required
to confirm or verify the suitability of as-built conditions, such shall be
the responsibility of the applicant under the direction of the Board or its
agent.
F. Release of performance guarantee.
(1) Upon the completion of improvements, security for the
performance of which was given by bond, deposit or covenant, or upon the performance
of any covenant with respect to any lot, the applicant may send by registered
mail to the Town Clerk a written statement in duplicate that said construction
or installation in connection with such bond, deposit or covenant given has
been completed in accordance with these rules and regulations. The statement
shall contain the name and address of the applicant, and the Town Clerk shall
present a copy of said statement to the Planning Board.
(2) If the Board determines that said construction or installation
has been completed, it shall notify the Town Treasurer in writing that it
releases the interest of the Town in such bond or deposit and that such bond
or deposit shall be returned to the person or persons who furnished the same.
In the case of a covenant, the Board shall issue a written release of the
covenant suitable for recording. However, 10% of the value of the bond shall
be held by the Town for one year after completion of construction or until
the streets are accepted by the Town, whichever comes first.
(3) Prior to releasing the Town's interest in a performance
bond or deposit or covenant, the Board shall receive from the applicant written
statements of approval from the Highway Superintendent and the Board of Health
or 15 days shall elapse after the applicant's request for said approval without
action from such.
(4) If the Planning Board determines that said construction
or installation has not been completed, it shall specify to the applicant
in writing the details wherein said construction and installation fail to
comply with these rules and regulations. Upon failure to so specify within
45 days after the Town Clerk has received the applicant's statement of completion,
all obligations under the bond shall cease and terminate by operation of law,
any deposit shall be returned and any such covenant shall become void. In
the event that said forty-five-day period expires without such specification,
or without the release and return of the bond or release of the covenant as
aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged,
which may be recorded.
(5) The Board may release from such covenants only those
lots for which installation of ways and services has been completed in accordance
with these rules and regulations. Refer to Appendix for the proper form to
be submitted for release of a lot from a covenant.