A. Waiver of Compliance
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 intent of the Subdivision Control Law. In making this determination, the Planning Board shall consider whether:
1.The public health, safety, and the environment will be protected;
2.Strict application of the requirement to be waived would undermine the public interest;
3.Specific substitute requirements can be adopted that will result in the substantial protection of the Subdivision Control process established in M.G.L. c.41 §81R, and the rights of persons affected by the waiver.
4.The action made possible by the waiver will not violate the provisions of any state or federal law or local bylaw.
B. Modification, Amendment or Revision of Definitive Plan Approval
The Planning Board on its own motion or on the petition of any interested person shall have the power to modify, amend, or rescind its approval of a Definitive Plan of a subdivision, or to require a change in a Plan as a condition of its retaining the status of an approved plan after due notice and opportunity to the Applicant to be heard in accordance with M.G.L. c.41, §81W.
C. Supervision and Inspection
1. All work performed as pursuant to these Rules and Regulations shall be subject to review of the Planning Board, which shall approve and accept, or disapprove and reject, each phase or portion of such work. The Planning Board may employ a registered professional engineer or other qualified agent to act to inspect the work to ensure that it is performed in accordance with good engineering practice and with all applicable specifications, to ensure compliance with these Rules and Regulations, and to report to the Board any recommendations as to approval or disapproval of the work. Such agent will make certain inspections as prescribed in this subsection in order to check the adequacy of the work at various stages prior to such work being covered by subsequent work. However, the Planning Board, its Agent or Consultant
Engineer shall also have the right to inspect work at any time.
2. After approval of the Definitive Plan, the Board will notify the Applicant of the name and address of the Planning Board Agent or Consultant Engineer designated as its representative to perform inspections, as required herein and otherwise, as the Board’s agent to ensure compliance with these Rules and Regulation. The Applicant shall keep the Planning Board and its Agent or Consultant Engineer fully informed as to the status and progress of the work.
3. The Applicant will provide safe and convenient access to all parts of the subdivision for the purposes of inspection to representatives of the Planning Board or other Town agencies or boards or the Planning Board Agent or Consultant Engineer. No work will be accepted that has been covered before such inspection. The Applicant shall notify the engineer directly by mail, or in person, or by telephone, and shall thereafter file a written statement with the Planning Board including the date and time of such notification and the person notified at least 48 hours in advance that the work has progressed to a stage that an inspection is required. The Planning Board Agent or Consultant Engineer will inspect the work in progress during reasonable hours, as the Construction Inspector will see fit; but in any case, it will be the
Applicant’s responsibility to request his inspection at the following progress steps:
a. After excavation and/or filling has been completed, but before the gravel placement operation is started. The purpose of this inspection is to ensure that the correct materials have been used and ensure that the site has been prepared in a proper manner.
b. After the drainage system (pipe, manholes, catch basins and other drainage structures) is installed, but before it is covered. The Construction Inspector shall enter each catch basin to sight drainage pipe runs to adjacent basins. Any defective runs shall be corrected before approval is given. The purpose of this inspection is to ensure that the lines have been installed correctly.
c. After surface gravel is in and compacted, but before bituminous surface treatment is applied. The Construction Inspector shall also conduct field tests and observations to ensure correct placement of fill and compaction.
d. After bituminous concrete and curbing, if required, are installed, to ensure correct construction of pavement, curb, and sidewalk including in place thickness measurements, temperature measurements at the time of placement, and density test after rolling.
e. Before acceptance by the Town of Rutland to ensure the installation of grass plots, street signs, monuments and of cleaning up.
The Superintendent of Streets and Parks may inspect the work at his discretion, reporting any deficiencies to the Planning Board or the Consultant Engineer retained by the Planning Board.
The Applicant must furnish all data relative to baselines and grade stakes on the ground, stake sheets, ties and any other information that is needed in the opinion of the Planning Board or those designated by the Planning Board to accomplish such checking as is required for the requested approval and certification.
3. Inspections of the water system, including the placement of hydrants, valves, etc. is normally carried out by the Water Commissioners. Duplicate inspections by an inspector designated by the Planning Board will not normally be required.
4. In the event the Planning Board Agent or Consultant Engineer makes an inspection of the work at the time designated and finds that such work is not at the proper stage of completion, or that the work has been covered or otherwise obscured, the Planning Board Agent or Consultant Engineer shall notify the Applicant and the Planning Board as to the additional steps the applicant shall take to complete the work to the point required, or to the extent the work shall be uncovered or exposed to a full view. The Applicant shall notify the Planning Board Agent or Consultant Engineer again as prescribed in this section above when
the work is ready.
5. All work that has been disapproved, or is not acceptable to the Planning Board, shall be removed and replaced or otherwise corrected to the point of complying with the requirements of the Planning Board for acceptance. Any work which has been covered by subsequent work prior to acceptance, or is otherwise not available or obscured to the point of rendering inspection of the work difficult, shall be considered to be not acceptable to the Planning Board. Any additional expenses incurred by the Planning Board Agent or Consultant Engineer due to the Applicant’s failure to comply with the requirements of theses rules and regulations, failure to provide notice as required, or failure to be ready for inspection as scheduled shall be directly billable to the Applicant by the Planning Board.
6. The Planning Board Agent or Consultant Engineer shall not authorize any changes from the approved record plan for the subdivision without specific approval of the Planning Board except as follows:
a. The Planning Board Agent or Consultant Engineer may authorize field changes subject to review by the Planning Board at their next regular meeting. The Planning Board shall respond by approving or disapproving the change within 15 days of the meeting at which it is submitted. If the Planning Board does not approve, the original plan will remain in effect and the Applicant will be required to reconstruct in accordance with the original plan.
b. At the time the change is requested, a “red_lined” plan (2 copies) will be submitted to the Planning Board Agent or Consultant Engineer who will review the plan, stamp “subject to approval of the Planning Board” and sign it if he approves the plan (or return it if he disapproves), submit it to the Planning Board for review and signature at their next scheduled meeting if they approve, and file it.
c. When it is deemed necessary by the Planning Board, a properly revised plan showing the change may be required in addition to the “red_lined” plan.
d. At the time the change is reviewed by the Planning Board, it shall be accompanied by an explanation of the reason for the requested change.
D. Acceptance of Road
1. When a road or way in a subdivision has been completed in a manner fulfilling the requirements of the Planning Board, the Applicant may request the Planning Board to inspect the road or way in order to give a recommendation to Town Meeting on whether the road or way should be accepted.
2. The Planning Board shall require the following information before making a recommendation to the Town Meeting:
a. Two copies of a plan of the road or way “as built,” at a scale of 40 feet to the inch at size 24” x 36”. Said plan to show a center line profile (4 feet per inch on the vertical scale and 40 feet per inch on a horizontal scale) taken at 50 foot intervals along the road or way as it has been completed. All utilities, public and private, above and below grade shall be shown on the plan as they exist. If electronically created, said plan shall also be submitted on one 3.5 inch computer disk or CD in an electronic format acceptable to the Planning Board.
b. Two typewritten copies of the proposed article for the Town Meeting generally describing the locations and length of the road or way to be considered for acceptance by the Town.
c. Two typewritten copies of the description by metes and bounds of each road and deed or easement considered for acceptance by the Town. After acceptance by the Town Meeting of a road or way in an approved subdivision, the “as built” plan referred to above, the vote of the Town Meeting, and the description of the road or way shall be recorded with the Worcester County Registry of Deeds by the Town Clerk.
d. A release of liens under oath from all contractors and subcontractors approved for work on the road or way, attesting to the fact that all payments due them for labor and materials have been received, and that payments for all materials have been rendered.
E. Release of Bonds
Before the Planning Board shall give final approval and release any covenants and/or bonds required for the construction of the improvements shown on the approved subdivision plan, the Applicant shall furnish the Planning Board, within two (2) years from the date of final approval of the Definitive Plan, final “as built” plans demonstrating compliance with the Record Plan for the subdivision.
1. No bonds for road or way work shall be released until the Town has accepted the road or way as evidenced by an affirmative vote of Town Meeting.
2. Upon acceptance of a road by the Town, the following procedures shall govern:
a. Following an affirmative Town Meeting vote to accept a road or way, and an adjournment of said Town Meeting, the Town Clerk shall then notify the Town Treasurer and Superintendent of Streets and Parks in writing of such action.
b. Within 10 working days of receipt of such notification, the Treasurer shall release to the Applicant all but 10 percent of the performance bond provided for in Section V.H of these Rules and Regulations. In lieu of retaining the said 10 percent the Treasurer may and is authorized to release the entire bond and accept in its place thereof, a bond or amount equivalent to 10 percent of the original performance bond amount so long as such substitute amount is in acceptable form as specified in Section V.H. The 10 percent retainage serves as security for a one_year warranty on defects in materials and/or workmanship in any and all of the improvements provided for pursuant to these Rules and Regulations. For purposes of this provision, the one_year warranty period shall begin the date Town
Meeting actually votes on the article accepting the roadway.
c. No sooner than 30 days before the end of the one_year warranty period, the Applicant may petition the Planning Board for release of the 10 percent retainage. Upon certification of the Planning Board Agent or Consultant Engineer and Superintendent of Streets and Parks that there are no defects or repairs to be made, the Planning Board may notify the Town Treasurer that the remaining bond sum may be released within 10 working days of receipt of the notification or at the conclusion of the one_year period, whichever is later.
d. In the event the Planning Board Agent or Consultant Engineer and Superintendent of Streets and Parks certifies that defects exist in the roadway or repairs are needed, the Planning Board shall adopt a schedule for the Applicant to make the necessary repairs. If such schedule is not be adhered to and completed, the Planning Board shall notify the Treasurer to capture said retainage for purposes of completing the work by the Town. Should such schedule be adhered to and all work is satisfactorily completed, the Planning Board shall, upon certification by the Planning Board Agent or Consultant Engineer and Superintendent of Streets and Parks, notify the Town Treasurer to return the ten percent (10%) retainage, which shall be done by the Treasurer within ten (10) working days of the receipt of said