Town of Southborough, MA Article VI Administration

§ 244-28 Variances and waivers.

Strict compliance with the requirements of these rules and regulations may be waived, when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the Subdivision Control Law.

§ 244-29 Applicability of statute.

For matters not covered by these rules and regulations, reference is made to MGL c. 41, §§ 81K to 81GG, inclusive, as amended.

§ 244-30 Appeals authority.

As provided for by MGL c. 41, §§ 81Z and 81AA, the Zoning Board of Appeals of the Town of Southborough shall act as Subdivision Board of Appeals and may authorize the issuance of building permits for lots where the denial of such permit under the provisions of the Subdivision Control Law would entail unnecessary hardship or difficulty and where the building need not be related to an approved or constructed way.

§ 244-31 Building permits.

No building shall be erected in a subdivision unless the lot on which it is to be located has been first released by a written vote of the Planning Board evidenced by Form K, Certificate of Performance — Covenant,[1] or by a surety agreement secured by bond, savings passbook or other negotiable securities, or by withholding construction mortgage money and enumerating the lots released in consideration of such agreement. The Building Inspector shall issue no building permit for the erection or location of a building on a lot until he is first satisfied that the lot is not in a subdivision or that such lot has been released for building as specified above, and that any restrictions or conditions limiting the right to erect and maintain buildings on said lot have been satisfied or waived by the Planning Board. In the event that more than one principal building is to be erected or placed on a lot, whether or not within a subdivision, the Building Inspector shall first verify that consent has been obtained from the Planning Board, as provided by Article II of these rules and regulations and by MGL c. 41, § 81-4.

[1] Editor's Note: Form K is on file in the Town offices.

§ 244-32 Inspections.

A. Inspections and payment therefore shall be arranged by the developer with the proper Town official for that purpose prior to the construction of streets and the installation of utilities and during construction as specified herein at each significant construction stage.

B. Inspection shall be requested in writing at least 48 hours in advance of each inspection to the proper Town official and a copy of each request shall be sent to the Planning Board.

C. Inspection shall be for each of the following operations or construction phases:

(1) Excavation and removal of unsuitable material.

(2) Laying of water mains and appurtenances.

(3) Laying of gas mains and appurtenances.

(4) Installation of surface and subsurface drainage systems and related structures, appurtenances and channels.

(5) Fill with approved material.

(6) Compacting and rolling.

(7) Installation of electric and other lines or conduits and related equipment, including telephone, cable television and fire alarm conduits.

(8) Completion of the pavement in the required number of courses and true to grade.

(9) Placing of curbs.

(10) Construction of sidewalks.

(11) Installation and finish grading of loam and seeding of grass plots and roadside slopes.

(12) Satisfactory maintenance or planting of shade trees.

(13) Installation of monuments.

(14) Installation of hydrants.

D. The Planning Board may establish the order of the required inspection and require satisfactory completion of one step before the subdivider proceeds to the next. The Board may require tests to be done by the subdivider as a condition for approval when in the opinion of the Planning Board it is advisable. Failure to have work inspected before it is covered up may necessitate excavation or opening of trenches or may lead to rejection of work.

E. The proper Town official shall indicate on Form L, Inspection Form (Appendix L),[1] provided by the Planning Board, the date of inspection and the approval and shall file such form with Planning Board.

[1] Editor's Note: Appendix L is on file in the Town offices.

§ 244-33 Maintenance of improvements.

For the purpose of protecting the safety, convenience and welfare of the Town's inhabitants; for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for reducing the danger to life and limb in the operation of motor vehicles: for securing safety in the case of fire, flood, panic and other emergencies; under the authority of MGL c. 41, § 87-M,[1] as amended, the applicant and his successors-in-title to the subdivision or lots therein shall provide for the proper maintenance and repair of the construction required by the definitive plan and the improvements under this Section of the rules and regulations during the construction and after the completion of the construction and improvements until the Town votes to accept such construction and improvements. Such maintenance shall also include snow removal beginning from the time of occupancy of an individual or tenant other than the developer.

[1] Editor's Note: See MGL c. 41, § 81M.

§ 244-34 Compliance with National Flood Insurance Program.

All definitive plans must be consistent with the need to minimize flood damage, provide that all public utilities and facilities, such as sewer, gas, electric and water systems, shall be located, elevated and constructed to minimize or eliminate flood damage, provide adequate drainage so as to reduce exposure to flood hazards and comply with other requirements of the National Flood Insurance Act, as amended from time to time, to the extent in force and applicable.

§ 244-35 Severability.

The provisions of these rules and regulations shall be severable, and if any provision or the application thereof is found to be invalid, this shall not affect the validity of any other application or provision thereof.