06- 096 C.M.R. ch. 372, § 12 - Standard Conditions of Approval
Unless otherwise specifically stated in the approval, all Board (or Staff) approvals shall be subject to the following standard conditions:
A.
Approval of
Variations from Plans. The granting of this approval is dependent upon
and limited to the proposals and plans contained in the application and
supporting documents submitted and affirmed to by the applicant. Any variation
from these plans, proposals, and supporting documents is subject to review and
approval prior to implementation. Further subdivision of proposed lots by the
applicant or future owners is specifically prohibited without prior approval of
the Board, and the applicant shall include deed restrictions to that
effect.
B.
Compliance with
All Applicable Laws. The applicant shall secure and comply with all
applicable federal, state, and local licenses, permits, authorizations,
conditions, agreements, and orders prior to or during construction and
operation, as appropriate.
C.
Compliance with All Terms and Conditions of Approval. The
applicant shall submit all reports and information requested by the Board or
the Department demonstrating that the applicant has complied or will comply
with all preconstruction terms and conditions of this approval. All
preconstruction terms and conditions must be met before construction
begins.
D.
Advertising. Advertising relating to matters included in this
application shall refer to this approval only if it notes that the approval has
been granted WITH CONDITIONS, and indicates where copies of those conditions
may be obtained.
E.
Transfer
of Development. Unless otherwise provided in this approval, the
applicant shall not sell, lease, assign or otherwise transfer the development
or any portion thereof without prior written approval of the Board where the
purpose or consequence of the transfer is to transfer any of the obligations of
the developer as incorporated in this approval. Such approval shall be granted
only if the applicant or transferee demonstrates to the Board that the
transferee has the technical capacity and financial ability to comply with
conditions of this approval and the proposals and plans contained in the
application and supporting documents submitted by the applicant.
F.
Time frame for approvals. If
the construction or operation of the activity is not begun within four years,
this approval shall lapse and the applicant shall reapply to the Board for a
new approval. The applicant may not begin construction or operation of the
development until a new approval is granted. A reapplications
for approval may include information submitted in the initial application by
reference.This approval, if construction is begun within the four-year time
frame, is valid for seven years. If construction is not completed within the
seven-year time frame, the applicant must reapply for, and receive, approval
prior to continuing construction.
G.
Approval Included in Contract Bids.
A copy of this approval must be included in or attached to all contract
bid specifications for the development.
H.
Approval Shown to
Contractors. Work done by a contractor pursuant to this approval shall
not begin before the contractor has been shown by the developer a copy of this
approval.
Notes
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