A.
The work connected with the items required in Article V shall be accomplished so as not to interfere with previous work.
B.
The work required by Article V shall proceed with exceptions only by order of the Planning Board.
C.
The Planning Board shall have inspected all work done
on the subgrade, surfacing and drainage, including trench, before
placing drains and all work on water piping and related equipment.
Trenches shall not be backfilled before inspection by the Planning
Board.
A.
When reviewing an application for permit/approval
or compliance with the conditions of a Planning Board approval, the
Board may determine the assistance of outside consultants is warranted
due to the size, scale or complexity of a proposed project or because
of a project's potential impacts. The Board may require that the respective
applicant/developer pay a review fee consisting of the reasonable
costs incurred by the Board for the employment of outside consultants
engaged by the Board to assist in the review of an application.
B.
In hiring outside consultants, the Board may engage
engineers, planners, lawyers, urban designers or other appropriate
professionals who can assist the Board in analyzing a project to ensure
compliance with all relevant laws, ordinances/bylaws and regulations.
C.
Funds received by the Board pursuant to this section
shall be deposited with the Town Treasurer, who shall establish a
special account for this purpose. Whether for inspections or review
of data, applicants/developers shall be required to maintain a minimum
one-thousand-dollar balance in such account at all times, except where
expressed permission of the Planning Board/Planning Director is, otherwise,
granted in writing. Expenditures from this account shall be made only
in connection for which a review fee has been or will be collected
from the applicant. Failure of an applicant to pay a review fee shall
be grounds for denial of the application/permit.
D.
Inspection review fees may only be spent for services
rendered in connection with the specific project from which they were
collected. Accrued interest may be spent for this purpose. At the
completion of the Board's review of a project, any excess amount in
the account, including interest, attributable to a specific project
shall be repaid to the applicant or the applicant's successor in interest.
A final report of said account shall be made available to the applicant
or the applicant's successor in interest. For the purpose of this
regulation, any person or entity claiming to be an applicant's successor
in interest shall provide the Board with documentation establishing
such succession in interest.
E.
Any applicant may take an administrative appeal from
the selection of the outside consultant to the Select Board. The grounds
for such appeal shall be limited to claims that the consultant selected
has a conflict in interest or does not possess the minimum required
qualifications. The minimum qualifications shall consist either of
an educational degree in, or related to the field at issue, or three
(3) or more years of practice in the field at issue, or a related
field. The required time limit for action upon an application by the
Planning Board shall be extended by the duration of the administrative
appeal. In the event that no decision is made by the Select Board
within one (1) month following the filing of the appeal, the selection
made by the Planning Board shall stand.
[Amended 11-20-2019 STM, Art. 13]
Strict compliance with the requirements of these
rules and regulations may be waived when such action is in the public
interest and not inconsistent with the Subdivision Control Law.
Not more than one (1) building designed or available
for dwelling purposes shall be erected or placed or converted to use
as such on any lot in a subdivision or elsewhere within the Town without
the consent of the Planning Board, which shall be granted only for
structures in compliance with zoning restrictions and only upon the
Board's finding that adequate ways and utilities serving such site
for such buildings have been provided in the same manner as otherwise
required for the lots within a subdivision.
For matters not covered by these rules and regulations,
reference is made to M.G.L.A., Ch. 41, §§ 81K to 81GG,
inclusive.
Each section of these rules and regulations
shall be construed as separate to the end that if any section, sentence,
clause or phrase shall be held invalid for any reason, the remainder
of the rules and regulations shall continue in full force.
[Amended 10-18-2000 ATM, Art. 14]
All work related to water, sewer and fire services
within subdivisions must conform to the Ashland Department of Public
Works - Water and Sewer Division, Board of Health and the Fire Department
rules and regulations. Said regulations are available from the respective
offices.
