A. VARIATION
Strict compliance with the requirements of these Rules and Regulations may be waived only by a recorded vote of the Board. When in the judgement of the Planning Board such action is in the public interest and not inconsistent with the Subdivision Control Law.

B. REFERENCE
For matters not covered by these Rules and Regulations, reference is made to Section 81K to 81GG, inclusive, of Chapter 41 of the General Laws.

C. DESIGN REVIEW AND CONSTRUCTION INSPECTION DEPOSIT AND FEES

1. General
   
   The Planning Board may assign as their agents appropriate Town Agencies or Officials and may at their discretion employ professional assistance to review plans and inspect construction, at the cost of the subdivider.
   
   
2. Fees and Deposits
   
   A deposit on one thousand dollars ($1000.00) shall be made by the applicant to the Town of Plympton for fees in relation to the review of the Preliminary Plan. Payment shall be made at the time the plan is presented to the Planning Board. A minimum balance of five hundred dollars ($500.00) shall be kept in the account at all times.
   
   When the Definitive Plan is filed with the Town, then the following schedule shall apply:
   
   
   a. A certified check or passbook account in the amount of one hundred dollars ($100.00) for each boundary monument shown on the plan as required by the Rules and Regulations that has not been installed and certified at this time. This deposit will be returned or refunded, in part or in total, after certification from a registered land surveyor that the bounds have been accurately installed.
   
   b. A certified check or passbook account in an amount to be determined by the Planning Board and the Town Engineer for each foot of roadway shown on the Definitive Plan as security for the future submission of the completed "As Built" Plan and Profile (original and three (3) copies.)
   
   
3. Return of Deposit
   
   Upon satisfactory completion of all improvements the Board shall refund to the applicant any deposit remaining.
   
   
4. Inspection
   
   
   a. General
   1. All work performed as a consequence of these Rules and Regulations shall be subject to the review of the Board which shall approve and accept or disapprove and reject each phase or portion of such work and at completion shall recommend the acceptance of all work or disapproval of the work with reasons therefore.
      
      The Planning Board Engineer, or his representative, will act as agent for the Board in the inspection of the work to insure compliance with those Rules and Regulations and to report to the Board his recommendations as to approval or disapproval of the work. As Engineer for the Board, he or his representative shall have the authority to enforce all Subdivision Rules and Regulations of the Town. The Board, its Engineer, and such other persons as the Board may designate, shall have the right to inspect the work at any time.
      
      
   2. All work that has been disapproved or is not acceptable to the Board shall be removed and replaced or otherwise corrected to the point of complying with the requirements of the Board for acceptance. Any work that 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 unacceptable to the Board.
      
      
   3. At points indicated in Section 5 and as further described hereinafter, the construction of the required improvements may be inspected by the Planning Board Engineer, or authorized agent, and unless approval of the work completed, including approval of the materials used, to each such point has been given in writing, no further work shall be commenced. Such inspections may include the taking of certain samples, in such cases, the applicant shall insure that the Planning Board Engineer is in no way hindered or obstructed in the course of obtaining such samples.
      
      Where such samples are removed from the completed work, the applicant shall replace and restore such work to the satisfaction of the Planning Board Engineer, or its condition prior to the taking of the sample.
      The Planning Board Engineer may require certified copies of delivery receipts or bills of lading, or other certification as to the description of the materials used or incorporated in the work.
      
      The Planning Board Engineer may also require a sample of any materials or supplies that may be incorporated in the work. Such samples shall be furnished at the expense of the applicant and the applicant shall be liable for all costs and fees incurred by the Board as a result of transporting and testing such materials.
      
      
   4. The applicant shall keep the Planning Board Engineer fully informed as to the status and progress of the work and shall notify the Planning Board Engineer at least one (1) working day in advance that the work has progressed to a stage that an inspection is required.
      
      
   5. In the event the Planning Board Engineer makes an inspection of the work at the time designated and finds such work is not at the proper stage of completion, or that the work has been covered or otherwise obscured, the Planning Board Engineer shall notify the applicant and the 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 full view. The applicant shall notify the Planning Board Engineer again when the work is ready.
      
      
   6. The applicant shall be liable for all costs and fees incurred by the Board as a result of requests by the applicant for an inspection of the work, which in the opinion of the Board, was not at an acceptable stage of completion for such inspection.
      
      

   b. Lines and Grades

   1. The Planning Board Engineer will advise the Board at any time during the construction, if in his opinion, he believes that the work has not been laid out to the lines and grades as shown on the Definitive Plan.
      
      
   2. Any costs, which in the opinion of the Board are the responsibility of the applicant, shall be in addition to the fees required elsewhere herein.
      

   c. Inspection of Required Improvements
   
   The Planning Board Engineer will make the following inspections of the required improvements. These inspections will be made in addition to any other inspections the Board may make or cause to be made.

   1. First Inspection: An inspection will be made of the work upon completion of all clearing, grubbing and excavation and all work incidental thereto as may be required or implied. No fill shall have been placed at the time of this inspection.
      
      
   2. Second Inspection: An inspection will be made of the completed drainage system (without backfill) as required or implied herein or on the Definitive Plan. At the same time, or such other time as the work may be available, an inspection will be made of the completed municipal services (without backfill), as required on the Definitive Plan. The inspection of the required municipal services will be made by the agency responsible for the particular service.
      
      Each agency involved will notify the Planning Board Engineer in writing of the approval of such work.
      Backfill of any portion of the drainage system or municipal services shall not be made until after notification of approval of acceptance by the Planning Road Engineer, or agency responsible.
      
      The inspection of the construction of the ways shall include the inspection of the backfilling and completion of all utility trenches as may be installed by utility companies and such work shall be performed in the manner as required by these Rules and Regulations.
      
      If in the opinion of the Board, the backfilling and compaction of utility trenches has not been performed in accordance with these Rules and Regulations, the Planning Board may not release the Bond or Covenant applicable until such work has been performed to the satisfaction of the Planning Board.
      
      
   3. Third Inspection: An inspection will be made of the compacted fill and as may be required to bring the road ways to their proposed grades. The applicant shall notify the Planning Board Engineer as to his source of gravel for fill as soon as such information is known, so that samples may be taken and analyzed by the Planning Board Engineer. The applicant is advised not to proceed with the filling operation until such time as the Planning Board Engineer notifies the applicant that the gravel proposed for the fill is acceptable.
      
      If the applicant proceeds with the fill prior to such notice, he does so at his own risk. The applicant shall not use a gravel source, other than the one designated, without prior notice to the Planning Board Engineer.
      
      
   4. Fourth Inspection: An inspection will be made of the compacted roadway foundation. A gravel sample or samples may be taken at the option of the Planning Board Engineer, in the same manner as prescribed for the third inspection.
      
      
   5. Fifth Inspection: Inspections will be made during the application of the bituminous concrete binder course and top course. Samples of the mix may be taken by the Planning Board Engineer for purposes of performing an extraction test in order to compare the sample with the job mix formula previously submitted.
      
      Core samples for the purpose of checking depth of pavement may be taken at the discretion of the Planning Board Engineer.
      
      
      
5. Return of Bond
   
   Upon acceptance of road at Town Meeting the subdivider shall provide the Town Clerk with proof of filing said public ways at the Plymouth County Registry of Deeds within sixty (60) days.