A.
Submission.
(1)
A Preliminary Plan of a subdivision may be submitted
by the applicant to the Planning Board and, through the Board, to the Board
of Health and Conservation Commission for discussion and tentative approval,
modification or disapproval by the Board. The submission of such a Preliminary
Plan will enable the applicant, the Planning Board, the Board of Health, the
Conservation Commission, other municipal agencies and owners of property abutting
the subdivision to discuss and clarify the problems of such subdivision before
a Definitive Plan is prepared. Therefore, it is strongly recommended that
a Preliminary Plan be filed in every case. A properly executed application
of Form B-1 (see Appendix C[1]) shall be filed with the Preliminary Plan submitted to the Board
at the Town Clerk's office.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
(2)
If, after its examination of a Preliminary Plan submission, the Board finds that the applicant has failed to include significant information required in Subsections B and C, the Board may disapprove the Preliminary Plan as submitted and require that a new application be filed along with a new filing fee.
B.
Submittal requirements. The Preliminary Plan, along with
a properly executed Form B-1, shall be submitted by delivery by registered
mail to the Town Clerk. If so mailed, the date of receipt by the Town Clerk
shall be the date of submission of the Plan. In addition, written notice of
such submission, using Form B-1, shall be given by the applicant to the Town
Clerk by delivery or by registered or by certified mail. The Town Clerk shall
give a written receipt, if requested by the person delivering such notice.
With submission of the Preliminary Plan, the applicant shall also file a copy
of said written notice and receipt with the Planning Board. The following
shall be submitted by the applicant:
(1)
Fifteen contact prints, dark lines on white background, containing the information required in Subsection C, filed with the Board.
(2)
One copy of the Preliminary Plan in digital format. The
preferred format is .DXF files. The copy shall be submitted in a format authorized
by the Board. The plan shall be referenced to Massachusetts Mainland State
Plane NAD83, at a minimum of 2 points on the plans.
[Added 4-27-1998; amended 7-16-2007]
(3)
One contact print, as in Subsection B(1) above, filed with the Board of Health. The applicant shall obtain a receipt from the Board of Health, a copy of which shall be submitted to the Planning Board.
(4)
One contact print, as in Subsection B(1) above, filed with the Conservation Commission. The applicant shall obtain a receipt from the Conservation Commission, a copy of which shall be submitted to the Planning Board.
(5)
Where any contiguous unsubdivided land is owned or controlled
by the owner or applicant, a sketch plan shall be submitted, showing: the
proposed subdivision parcel and streets, the boundaries of the contiguous
unsupervised land and a possible or prospective street layout.
(6)
An initial nonrefundable fee, in accordance with the
fee schedule, payable to the Town of Dover at the time of submission of an
application.
(7)
Upon receipt of a Preliminary Plan, the Planning Board will obtain from its Consulting Engineer an estimate, in writing, of costs for reviews under § 248-9E(2)(d) and § 248-9I(3). The applicant shall be informed of the anticipated cost, and payment shall be submitted to the Board within 15 days of notification by the Board. Additional deposits, as may be requested, shall be submitted.
C.
Contents. The Preliminary Plan shall be drawn on three-mil mylar or tracing paper, 24 inches by 36 inches, with pen or pencil at a scale of 1 inch equals 40 feet and shall show information as listed below to describe the subdivision and form a clear basis for review and discussion and for the preparation of the Definitive Plan. During discussion of the Preliminary Plan, the complete information required for the Definitive Plan (§ 248-9C, Contents) and the financial arrangements (§ 248-9G, Performance guaranty) will be developed.
[Amended 7-16-2007]
(1)
The subdivision name, boundaries, North point, date of
submission, required scale, legend and the title "Preliminary Plan."
(2)
The names and addresses of the record owner and applicant.
(3)
The name, address and seal of the registered professional
engineer and registered land surveyor who prepared the plan.
(4)
The names and plan location of all abutters, indicating
limits of contiguous boundaries and those owners of record.
(5)
Existing and proposed lines of streets, ways, rights-of-way,
easements, including purpose, and any public or common areas within the subdivision.
(6)
The proposed system of drainage, including the location
of natural waterways within and adjacent to the subdivision, indicating direction
of flow, and all water bodies and areas classified as wetlands adjacent to
or within the proposed subdivision.
(7)
The proposed water source and distribution system, where
applicable, and determination of the adequacy of the public water supply.
(8)
The approximate boundary lines of proposed lots, with
approximate dimensions and areas and the required square drawn within each
lot.
(9)
The location, names and present widths of adjacent streets,
bounding, approaching or near the subdivision.
(10)
The location of existing bridle, walking and hiking trails
on, near or approaching the subdivision.
(11)
Existing and proposed topography of the land at two-foot contour intervals. Existing topography shall be determined by an on-site engineering survey. All pertinent information, such as existing water bodies, swamps, marshes, wetlands, natural watercourses, Conservancy Zone Districts defined by contour lines, one-hundred-year flood lines (FEMA), river and brook setback lines, DEP restricted lands, stone walls, fences, buildings, large trees or wooded areas, rock ridges, ledge outcroppings and locations of soil tests shall be shown. Proposed grading contours and spot elevations shall be shown. Lengths and locations of all new stone walls specified in Standard Construction Details (see Appendix A[2]) shall be indicated.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(13)
Existing and proposed profiles for proposed streets on
National Vertical Datum with horizontal scale: 1 inch equals 40 feet and vertical
scale: 1 inch equals 4 feet. Existing topography at proposed street center
lines and at all right-of-way lines shall be indicated; and, by shading or
other appropriate graphic means, those portions along the right-of-way lines
where proposed cuts and/or fills relative to proposed finished street center
line grades are within the following vertical height parameters shall be indicated
clearly on the plan.
(14)
Cross sections for streets.
(a)
Cross sections for streets at scale 1/4 inch equals 1
foot to show proposed street construction, slopes, regrading and stone walls
at a typical point of maximum cut and/or fill within each of the following
parameters:
(b)
Each cross section shall extend the full width to show
proposed grading as it joins at the existing ground on both sides of the proposed
street.
(15)
The locations of sidewalks, pedestrian pathways and bridle
paths.
(16)
Elevations and log data for soil tests taken to show
general suitability for on-lot sewage disposal.
(17)
When multiple sheets are necessary, match lines shall
be used and referenced to a key sheet which will graphically indicate the
arrangement of said multiple sheets. The key sheet shall be submitted on 1
standard 24-inch by 36-inch sheet at a suitable scale.
(18)
A locus map of the vicinity at a scale of 1 inch equals
800 feet, showing the relationship of the proposed subdivision to adjacent
properties and streets bounding, approaching or near the subdivision.
(19)
A statement of the existing zoning and any easements,
covenants or restrictions applying to the area proposed to be subdivided.
(20)
An environmental impact statement shall be submitted
pursuant to the requirements of Appendix B.[4]
[4]
Editor's Note: Appendix B is included at the end of this chapter.
(21)
Each Preliminary Plan shall be accompanied by 3 sets
of oblique, colored, aerial photographs, minimum size 16 inches by 20 inches,
clearly depicting the subject parcel, contiguous parcels and relationship
to existing public or private ways.
(22)
Plan sheets required. The information listed below for
inclusion on each type of sheet is intended as a general guide only. All information
required by the Dover Planning Board Subdivision Rules and Regulations shall
be included on 1 or more of these required sheets as appropriate for clarity.
(a)
K Sheet. The key sheet is to show the entire subdivision
and overlay index of P/T Sheets, scale appropriate for total subdivision area;
include locus map at scale 1 inch equals 800 feet.
(b)
P/T Sheets: plans of subdivision streets and lots, including
parcels and easements for utilities, ways, paths, trails and open spaces;
topography and grading plans, including natural and man-made physical features
and new stone walls; scale of 1 inch equals 40 feet.
(c)
RP Sheets: road plans and profiles and utilities, including
parameters of cuts and fills; scales of 1 inch equals 40 feet and 1 inch equals
4 feet.
(d)
RC Sheets: street cross sections to show typical construction
at parameters of proposed cuts and fills; various scales as appropriate.
D.
Tentative approval. The Planning Board may give such
Preliminary Plan its tentative approval, disapproval or approval with modifications.
One copy of the Preliminary Plan will be returned to the applicant, reflecting
the action of the Board. Any approval does not constitute approval of a subdivision,
but does facilitate the procedure in securing final approval of the Definitive
Plan. The submission of the Preliminary Plan for examination by the Board
shall not be deemed a submission of a Definitive Plan of a subdivision of
land or approval by the Board under MGL c. 41, § 810, and the action
of the Board on such Preliminary Plan shall not prejudice its action on the
Definitive Plan.
A.
Submission.
(2)
If, within 21 days after its examination of a Definitive Plan submission, the Board finds that the applicant has failed to include significant information required in Subsection B and C, the Board may disapprove the Definitive Plan as submitted and require that a new application be filed along with a new filing fee.
[Amended 7-16-2007]
B.
Submittal requirements. The Definitive Plan, along with
a properly executed Form B-2,[1] shall be submitted by delivery by registered mail to the Town
Clerk. If so mailed, the date of receipt by the Town Clerk shall be the date
of submission of the plan. In addition, written notice of such submission,
using Form B-2, shall be given by the applicant to the Town Clerk by delivery
or by registered or by certified mail. The Town Clerk shall give a written
receipt, if requested by the person delivering such notice. With submission
of the Definitive Plan, the applicant shall also file a copy of said written
notice and receipt with the Planning Board. The following shall be submitted
by the applicant:
(1)
An original drawing of the Definitive Plan and 15 contact prints, dark line on white background, containing the information required in Subsection C, filed with the Board. The original drawing will be returned after approval or disapproval.
(2)
One copy of the Definitive Plan in digital format. The
preferred format is .DXF files. The copy shall be submitted in a format authorized
by the Board. The plan shall be referenced to Massachusetts Mainland State
Plane NAD83, at a minimum of 2 points on the plans.
[Added 4-27-1998; amended 7-16-2007]
(3)
Two contact prints, as in Subsection B(1) above, filed with the Board of Health. The applicant shall obtain a receipt from the Board of Health, a copy of which shall be submitted to the Planning Board.
(4)
Two contact prints, as in Subsection B(1) above, filed with the Conservation Commission. The applicant shall obtain a receipt from the Conservation Commission, a copy of which shall be submitted to the Planning Board.
(5)
Where any contiguous unsubdivided land is owned or controlled by the owner or applicant, a sketch plan shall be submitted showing: the proposed subdivision parcel and streets, the boundaries of the contiguous unsubdivided land and a possible or prospective street layout; unless such a plan has already been submitted under the provisions of § 248-8B(5).
(6)
A nonrefundable fee, in accordance with the fee schedule,
shall be payable to the Town of Dover at the time of submission of an application;
except that if no Preliminary Plan was filed, then the fee for the Definitive
Plan shall be in accordance with the fee schedule.
(7)
List of abutters (Form C[2]). The name and mailing address of each of the abutters as they
appear in the most recent tax list, including owners of land separated from
the subdivision only by a street. The applicant shall obtain a certificate
from the Board of Assessors that all abutters are listed.
[2]
Editor's Note: Form C is on file in the Planning Board offices
and may be examined there during regular office hours.
(8)
When the applicant is a corporation, evidence from the
clerk of the corporation, certifying authorization of individual(s) to act
for the corporation.
(9)
Evidence that, when applicable, the Definitive Plan conforms
to the approved Preliminary Plan or that the Definitive Plan includes the
modifications required by the Board's action on the Preliminary Plan.
(10)
An environmental impact statement shall be submitted
pursuant to the requirements of Appendix B.[3]
[3]
Editor's Note: Appendix B is included at the end of this chapter.
(11)
Upon receipt of a Definitive Plan, the Planning Board will obtain from its consulting engineer an estimate, in writing, of costs for reviews under Subsection E(2) and Subsection I(3). The applicant shall be informed of the anticipated cost and make payment to the Planning Board within 15 days of notification by the Board. Additional deposits, as may be required, shall be submitted.
[1]
Editor's Note: Form B-2 is on file in the Planning Board offices
and may be examined there during regular office hours.
C.
Contents.
(1)
The Definitive Plan shall be clearly and legibly drawn
at a scale of 1 inch equals 40 feet or such other scale as the Board may accept
to show details clearly and adequately. The Definitive Plan shall conform
to the requirements of MGL c. 36, § 13A, for plans to be filed with
the Registry of Deeds. The plan size shall be 24 inches by 36 inches and shall
have a one-inch border. The plan shall contain a square of 3 1/2 inches
reserved for the use of the Registry of Deeds or the Land Court.
(2)
The Definitive Plan shall be drawn on linen or polyester
film, single matte, with a thickness of 3 mils, having the opacity to allow
consistent diazo and microfilm reproduction. A compatible ink with long-term
durability which will produce a permanent bond shall be used. The minimum
size of the lettering shall be 1/8 inch in height.
[Amended 7-16-2007]
(3)
The Definitive Plan shall contain at least the following
information:
(a)
The subdivision name, boundaries, North point, date of
submission, required scale, legend and the title "DEFINITIVE PLAN."
(b)
The names and addresses of the record owner and applicant.
(c)
The names and addresses of the registered professional
engineer, registered land surveyor and registered landscape architect who
prepared the plan, with their respective certifications and seals. The registered
land surveyor shall certify that all surveying conforms to the Technical Standards
for Property Surveys of the American Congress on Surveying and Mapping and
to the requirements of the Registry of Deeds or the Land Court. The source
or sources of information about the location of the boundaries shall appear
on the plan. The registered professional engineer shall certify that the design
of all subdivision improvements conforms to or exceeds the standards set forth
in the rules and regulations of the Dover Planning Board and conforms to current
standards of engineering practice. The registered landscape architect shall
certify that the design of all subdivision landscape improvements conforms
to or exceeds the standards set forth in the rules and regulations and conforms
to current standards of landscape architectural practice.
(d)
The names and plan locations of all abutters indicating
the limits of contiguous boundaries and those owners of land separated from
the subdivision only by a street, as determined from the most recent Dover
tax list.
(e)
The existing and proposed lines of streets, ways, lots,
rights-of-way, easements, including purpose, zoning district boundaries and
any public or common areas within the subdivision. The proposed streets shall
be identified with letters shown in pencil until names are selected by the
Board.
(f)
Sufficient data, including lengths, bearings, radii,
tangent distances and central angles to determine the exact location, direction
and length of every street and way line, lot line, boundary line and easement
line and to establish these lines on the ground; all bearings and distances
shall be connected with adjoining subdivisions or town, county or state road
layouts. Bearings and distances shall be given to the nearest second and .01
foot, respectively.
(g)
The location of all permanent monuments identified as
to type and whether they are existing or proposed.
(h)
Boundary lines, areas in square feet and dimensions of
all proposed lots, with all lots designated numerically and in sequence. The
required zoning square shall be drawn on each lot. Any lot shown on a sheet
shall be shown in its entirety, i.e., no lots split between sheets.
(i)
Boundary lines of the entire original tract of land if
the particular lot or lots to be recorded have been severed from a larger
tract or, if not practicable, the boundary lines of the entire original tract
shall be shown on an attached sketch with the error closure of the perimeter
traverse clearly shown.
(j)
The location, names and present width of streets bounding,
approaching or within 500 feet of the subdivision.
(k)
The location of existing bridle, walking and hiking trails
on, near or approaching the subdivision.
(l)
A locus map at a scale of 1 inch equals 800 feet included
on the front sheet of the Definitive Plan showing the right-of-way lines of
all proposed streets in the subdivision, the boundaries of the subdivision
and the location of the subdivision in relation to 2 or more existing streets
or portions thereof shown and readily identifiable as to locus in the town.
(m)
The proposed layout of storm drainage, including all
interceptor drains and site drainage systems required by particular soil conditions,
water supply and sewage disposal and underground electric and telecommunication
systems. The design computations for determining the required sizes of the
storm drainage and water supply systems shall be submitted with the said proposed
layout. The system of drainage shall include the location of natural waterways
within and adjacent to the subdivision. The direction of flow and all water
bodies or areas classified as wetlands, adjacent to or within the proposed
subdivision, shall be indicated.
(n)
The location of existing wells, water pipes and hydrants
and the proposed water source, proposed water pressure storage facility or
standpipe and distribution system proposed for the subdivision.
(o)
Existing and proposed topography of the land at two-foot
contour intervals and all necessary spot elevations. All pertinent information,
such as existing water bodies, swamps, marshes, wetlands, natural watercourses,
Conservancy Zone District defined by contour lines, one-hundred-year flood
lines (FEMA), river and brook setback lines, DEP restricted lands, stone walls,
fences, buildings, large trees or wooded areas, rock ridges, ledge outcroppings
and the location of soil borings and percolation tests shall be shown. On
each lot the following shall be shown: approximate anticipated location for
the house, driveway and areas for the septic system and expansion area and
suggested grading contours and spot elevations. The locations, lengths and
grading of all new stonewalls shall be shown.
[Amended 7-16-2007]
(p)
General soil types and information as to the suitability
of each lot for on-lot sewage disposal and the depth to the groundwater table;
location, results and dates of all test pits and borings; and the level of
the water table and results of soil percolation test on all lots, indicating
elevation at which such tests were taken, elevation of proposed leaching facility
and the soil conditions at the level of the tests and proposed grade. Depth
to the groundwater table shall be determined at the time of its highest elevation
and shall be determined during the time periods required by the Dover Board
of Health. All tests shall be executed at the expense of the applicant and
in accordance with the regulations of the Dover Board of Health.
(q)
The locations of all sidewalks, pedestrian pathways and
bridle paths, and the types and locations of markers shall be indicated. The
types and locations of markers for pedestrian pathways and bridle paths shall
be indicated.
(r)
The locations of electric and telecommunication lines,
transformers and other equipment.
(s)
Existing and proposed profiles of the center line of
proposed streets on the National Vertical datum with a horizontal scale of
1 inch equals 40 feet and a vertical scale of 1 inch equals 4 feet. A permanent
bench mark within the subdivision shall be established, based on such datum,
with adequate description shown on the plan. Profiles shall also indicate
the location of any intersecting public or private ways and the location and
size of existing and proposed storm drains, water mains and their appurtenances
and other underground utilities to be placed in the right-of-way. The stationed
center line corresponding to the profile upon which the above profiles are
taken shall be shown in plain view. The design computations for determining
the elevations, grades and sight distances of horizontal and vertical curves
shall be submitted with the profiles.
[Amended 7-16-2007]
(t)
Existing and proposed profiles for proposed streets on
the National Vertical datum with a horizontal scale of 1 inch equals 40 feet
and a vertical scale of 1 inch equals 4 feet. Existing topography at proposed
street center lines and at all right-of-way lines shall be indicated; and,
by shading or other appropriate graphic means, those portions along the right-of-way
lines where proposed cuts and/or fills relative to proposed finished street
center line grades are within the following vertical height parameters shall
be indicated clearly on the plan.
[Amended 7-16-2007]
[1]
Cuts or fills greater than 0 feet to 6 feet.
(u)
Landscape plans.
[1]
Landscape plans prepared by a registered landscape architect
registered in the Commonwealth of Massachusetts shall be submitted to show
proposed stone walls, retaining walls, headwalls, other landscape structures,
trees, planted shrubs, seeding and other landscaping. The landscape plans
shall be on separate standard sheets of 24 inches by 36 inches and shall include
plans, elevations, sections. grading, spot elevations and other required details.
All landscape plans shall be based on lines, grades and profiles established
for the subdivision streets and easements by the professional engineer and
land surveyor. Minimum scale for plans and elevations shall be 1/4 inch equals
1 foot and for details and sections shall be 1/2 inch equals 1 foot. The scale
selected for any landscape plan, elevation or section shall be consistent
in representing length, width and height (i.e., no exaggerated horizontal/vertical
scales). Cross sections for all streets at a scale of 1/4 inch equals 1 foot
shall be included to show proposed street construction, slopes, regrading,
stone walls, landscaping and planting at all points of maximum cut and/or
fill within each of the following parameters:
[2]
Each cross section shall extend the full width to show
proposed grading as it joins the existing ground on both sides of the proposed
street.
(v)
For all bridle paths and pedestrianways and other easements
not within street rights-of-way, provide the following: existing and proposed
profiles along center line; existing and proposed grading plans; existing
and proposed drainage. All scales shall be horizontal: 1 inch equals 40 feet;
vertical: 1 inch equals 4 feet.
(w)
Park or open areas suitably located for playground or
recreation purposes within a subdivision.
(x)
The location and species of proposed street trees; the
location of existing trees or wooded areas within a distance of 40 feet from
the gutter line of the paved berm on both sides of each proposed street. The
location and species of individual existing trees with trunks of over 8 inches
in diameter, measured 4 feet above finished grade, shall be included.
(y)
A key sheet, showing layout of the entire subdivision,
if submitted by section, including street names, lot numbers, easements and
areas at a suitable scale. When multiple sheets are necessary, match lines
shall be used and referenced to an index overlay which will graphically indicate
the arrangement of said multiple sheets.
(z)
Any other pertinent information, unique to the particular
subdivision, which the Board shall request, including necessary engineering
calculations to provide assurance to the Board that fire protection, vehicular
traffic flows and all other precautions are being provided.
(bb)
In the event that no Preliminary Plan has been filed,
each Definitive Plan shall be accompanied by 3 sets of oblique, colored, aerial
photographs, minimum size of 16 inches by 20 inches, clearly depicting the
subject parcel, contiguous parcels and the relationship to existing public
or private ways.
(cc)
Plan sheets required. The information listed below for
inclusion on each type of sheet is intended as a general guide only. All information
required by the Dover Planning Board Subdivision Rules and Regulations shall
be included on 1 or more of these required sheets as appropriate for clarity.
[1]
Title Sheet: the name of the subdivision; the names and
addresses of the owner(s) applicant, professional consultants; list of sheets
included and locus map at a scale of 1 inch equals 800 feet.
[2]
K Sheet: the key sheet to show the entire subdivision
and overlay index of sheets; scale appropriate for total subdivision areas.
[3]
P Sheets: plans of subdivision streets and lots, including
parcels and easements for utilities, ways, paths, trails and open spaces,
scale of 1 inch equals 40 feet.
[4]
T Sheets: topography and grading plans, including natural
and man-made physical features and new stone walls. (Note: T Sheets are to
match lots and street segments as shown on sheets.) (The scale shall be 1
inch equals 40 feet.)
[5]
RP Sheets: road plans and profiles and utilities, including
parameters of cuts and fills; scale of 1 inch equals 40 feet and 1 inch equals
4 feet.
[6]
RC Sheets: road construction drawings, including street
cross sections and details of manholes, catchbasins, drainage headwalls, hydrants,
other utility structures and appurtenances; various scales as appropriate.
[7]
L Sheets: landscape design and planting plans, including
new and existing stone walls, alignment of sidewalks, pedestrianways, bridle
paths, landscape design and planting layouts and schedules for trees, shrubs
and seeding. (Note: L sheets are to match lots and street segments as shown
on P sheets.) The scale shall be 1 inch equals 40 feet.
[8]
LC Sheets: landscape construction drawings, including
plans, elevations, sections, details and grading for new stonewalls; construction
details for sidewalks, pedestrianways, bridle paths, detention/retention basins;
cross sections for streets at cut and/or fill parameters; plans, profiles,
grading and drainage along bridle paths and pedestrian pathways not within
street rights-of-way; various scales as appropriate.
(dd)
A copy of the Definitive Plan in digital format shall
also be filed. The preferred format is .DXF files, but a copy capable of conversion
to a .DXF file is acceptable. Copy shall be submitted on 3.5 inch disk. The
plan shall be referenced to Massachusetts Mainland State Plane NAD83, at a
minimum of 2 points on the plan.
[Added 12-15-1997]
D.
Accompanying statements and data. The Definitive Plan
shall be accompanied by 15 copies of written statements on:
(1)
Existing zoning and any easements, covenants and restrictions
applying to the area proposed to be subdivided; and
(2)
Data and proposed arrangements for water supply, sewerage
and sewage disposal, including all appurtenances, as required by the Board
of Health, as follows:
(a)
A sufficient number of properly conducted percolation
tests (at least 1 per acre) made by a qualified engineer to indicate clearly
the soil conditions throughout the area being subdivided, and a report on
the results of the percolation tests, together with related information as
to the type of soil encountered and information water table evaluations.
(c)
Plans and profiles of development shall show all provisions
made for proper drainage of the area, including location and size of drain
lines, catch basins, culverts, ditches and headwalls.
E.
Review.
(1)
By Board of Health as to suitability of the land. At
the time of filing of the Definitive Plan, the applicant will file with the
Board of Health 2 contact prints thereof. The Board of Health shall, within
45 days after filing of the plan, report to the Planning Board, in writing,
approval or disapproval of said plan. If the Board of Health disapproves said
plan, it shall make specific findings as to which, if any, of the lots shown
on such plan cannot be used for building sites without injury to the public
health or is unsuitable because of drainage conditions and include such specific
findings and reasons thereof in such report, and, where possible, shall make
recommendations for the adjustment thereof. Any lot so located that it cannot
be served by a connection to a sewer system shall be provided with a septic
tank and drain field satisfactory to the Board of Health.
(2)
By other Town officials. Before approval of the Definitive
Plan is given, the Planning Board will obtain appropriate checks on the engineering
and survey information shown in said plan and written statements that the
proposed improvements shown are laid out to the satisfaction of the following:
(a)
The Superintendent of Streets, as to the design of the
street system, location of easements and design of the sewerage, water and
drainage systems, including appurtenances.
(b)
The Tree Warden, as to location, size and species of
street trees.
(d)
The Planning Board Consulting Engineer. Before approval
of the Definitive Plan is given, the Planning Board will obtain a written
statement from its Consulting Professional Engineer, confirming that all proposed
improvements shown are in conformance with the requirements of applicable
Dover Subdivision Rules and Regulations and other applicable state and local
requirements. Costs for such review and approval shall be paid for by the
applicant pursuant to the existing fee schedule.
(e)
To facilitate review of the Definitive Plan by the Planning
Board Consulting Engineer, at the time of filing of the Definitive Plan, the
applicant shall stake the center line of all proposed streets at a minimum
of every 50 feet with the center line stations and the cut or fill dimensions
to finish grade marked on the stakes, also the lot frontage with numbers.
[Amended effective 11-16-1995]
F.
Public hearing. Before approval, modification and approval
or disapproval of a Definitive Plan is given, a public hearing shall be held
by the Planning Board, notice of time and place of which and of the subject
matter, sufficient for identification, shall be given by the Planning Board
by advertising in a newspaper of general circulation in the Town of Dover,
once in each of 2 successive weeks, the first publication being not less than
14 days before the day of such hearing, and by mailing by certified or registered
mail a copy of such advertisement to the applicant and to all owners of land
abutting upon the land included in such plan as appearing on the most recent
assessors' list.
G.
Performance guaranty. No Definitive Plan will be endorsed until the applicant has furnished security as required by law, to ensure that all required improvements within or appurtenant to the subdivision will be made in compliance with these rules and regulations and in conformity to the Definitive Plan, as modified or amended by the Planning Board and/or the Board of Health. All such required improvements shall be secured by 1, or in part by 1 and part by the other, of the 2 methods described in Subsections G(1) and (2) below, which the applicant may vary from time to time at his election.
[Amended 7-16-2007]
(1)
Method one, performance bond: a performance bond of the
applicant running to the Town of Dover, secured by surety (Form G)[7] or by money or negotiable securities deposited with the Town Treasurer
(Form H or Form I)[8] in such amounts as the Board shall determine to be sufficient to cover the cost of completing the required improvements, or such portion thereof not secured by covenant under Subsection G(2). Such bond shall be conditioned upon full and satisfactory completion of all such improvements within such time as the Board shall determine, but in no event more than 2 years from the date of the Board's endorsement of its approval of the Definitive Plan.
(2)
Method two, covenant: a covenant running with the land
duly executed by each record owner of land within the subdivision. Such covenant
shall be either inscribed on the Definitive Plan or be contained in a separate
recordable document (Form J)[9] referred to on the plan and shall provide in part that no lot
shall be built upon or sold until all improvements required under these rules
and regulations shall have been completed and approved by the Board as provided
herein.
(a)
If the applicant elects to secure performance by covenant,
either in whole or in part, approval of his Definitive Plan by the Board will
be made conditional upon:
[1]
The recording of the Definitive Plan with the covenant
(either endorsed on the plan or contained in the separate document) not later
than 60 days after the Board's endorsement of its approval of the plan;
and
[2]
Completion of all required improvements within such time
as the Board shall determine, but in no event more than 24 months from the
date of such endorsement.
(b)
The covenant, whether inscribed on the plan or contained
in a separate document, shall contain a provision that the construction of
all streets and ways and the installation of all municipal services shall
be completed in accordance with the applicable rules and regulations of the
Board within 24 months from the date of the Board's endorsement of its
approval of the Definitive Plan and that failure to so complete shall automatically
rescind approval of the plan.
[9]
Editor's Note: Form J is on file in the Planning Board offices
and may be examined there during regular office hours.
H.
Certificate of action. The action of the Planning Board
with respect to any Definitive Plan shall be by vote, copies of which shall
be certified and filed with the Town Clerk and sent by registered mail to
the applicant. If the Board modifies or disapproves such plan, it shall state
in its vote the reasons for its action. Final approval, if granted, shall
be endorsed on the original drawing of the Definitive Plan by the signatures
of a majority of the Board (or by the signature of the person officially authorized
by the Board) but not until the statutory twenty-day appeal period has elapsed
following the filing of the certificate of action by the Board with the Town
Clerk and said Clerk has notified the Board that no appeal has been filed.
Final approval of the Definitive Plan does not constitute the laying out or
acceptance by the town of streets within a subdivision.
I.
Evidence of satisfactory performance. Before the Planning
Board will release the interest of the town in a performance bond or deposit
(or, in the case of approval With covenant, issue a release of covenant),
the applicant shall:
(1)
File with the Superintendent of Streets a certified copy
of the layout plan of each street in the subdivision (or, in the case of approval
with covenant, of the street or streets serving the lots for which a release
is desired). Certification shall be by a registered professional engineer
or land surveyor and shall indicate that streets, storm drains, sewers, water
mains and their appurtenances have been constructed in accordance with said
plan and are accurately located as shown thereon.
(2)
Obtain and submit to the Board written evidence that
the required improvements have been completed to the satisfaction of the following:
(3)
Obtain and submit to the Board written evidence that
the required improvements have been completed to the satisfaction of the Planning
Board Consulting Engineer and in conformance with the Planning Board Subdivision
Rules and Regulations. Costs for necessary field inspections and review of
work in progress and completed work shall be paid for by the applicant pursuant
to the existing fee schedule.
(4)
File with the Planning Board a complete set of street
layout plans, including takings and easements, and all other documents required
for Town Meeting acceptance of streets and required for filing such acceptance
with the Registry of Deeds and/or Land Court. A copy of such as-built plan
in digital format shall be filed. The preferred format is .DXF files, but
a copy capable of conversion to a .DXF file is acceptable. Copy shall be submitted
on 3.5 inch disk. The plan shall be referenced to Massachusetts Mainland State
Plane NAD83, at a minimum of 2 points on the plan. All costs for acceptance
of streets, filing of any and all plans and documents and recording of plans
shall be paid by the applicant.
(5)
A summary package shall be submitted as requested by
the Planning Board.
J.
Release of performance guaranty. Upon the completion of the improvements required under Article VI, in order to obtain a release of the security for the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the Town Clerk a written statement, in duplicate, that said construction or installation in connection with which such bond, deposit or covenant has been given, has been completed in accordance with the requirements of Article VI. Such statement is to contain the address of the applicant, and the Clerk shall forthwith furnish a copy of said statement to the Planning Board. If the Board determines that said construction or installation has been completed, it shall release the interest of the town in such bond and return the bond or the deposit to the person of covenant in a form for recording. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant, in writing, the details wherein said construction and installation fails to comply with the requirements of Article VI.
