Part 9 - DEVELOPER REVIEW PROCESSThe Applicant must follow the process below for TMPs that require the Developer to construct or implement mitigation on a state or state-aid highway.
A. The Developer must submit plans and seek approval of the design plans in coordination with the applicable Region Engineer.B. The Department will assess a fee for the review of the plans and comment on issues for future resubmittals.C. For all Developer Projects, after the submittal of the plans to the Region Engineer the Developer will be required to meet with the "Developer Right of Way Committee", which is a standing committee that meets monthly to review submittals. The committee will help guide the Developer through the right of way process.D. The Developer must enter into a Developer Agreement with the Department setting out the required system improvements and the property rights that must be acquired and conveyed to the Department.E. Construction of improvements cannot commence until the Developer Right of Way Committee has approved the plans and the Developer Agreement has been executed.F. The Developer Right of Way process will be deemed complete when the Applicant has acquired all of the property rights required for mitigation, has constructed the improvements to the highway system, has conveyed those rights to the Department as set out in the Developer Agreement, and has submitted a formal Right of Way plan acceptable to the Region Engineer which is capable of being filed at the appropriate Registry of Deeds.G. If the Applicant does not complete the Developer Right of Way process within 6 weeks of the opening of the Development, the Department will rescind the Traffic Movement Permit for the given parcel(s). C.M.R. 17, 229, ch. 305, pt. 9