Town of Franklin, MA Article III Plan Submission and Approval Procedure

§ 300-7 Preliminary plan.

A. General. A preliminary plan must be submitted for any proposed nonresidential subdivision and may be submitted for any proposed residential subdivision. The submission of such a preliminary plan will enable the subdivider, the Board and 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.

[Amended 2-6-1989]

B. Submittals.

(1) Planning Board submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Planning Board:

(a) An application (Form B).[1]

[1] Editor's Note: See Appendix 3 at the end of this chapter.

(b) Twelve copies of the preliminary plan.

(c) A filing fee as established in Chapter 82, Fees, plus a per-lot fee as established in Chapter 82, Fees, of the Code of the Town of Franklin.

[Amended 12-9-1987 by Bylaw Amendment 87-116]

(d) If required by the Planning Board, a consultant review fee as established in § 300-18.

[Added 3-27-1995 by S-95-14]

(2) Board of Health submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Board of Health:

(a) A copy of the application (Form B).

(b) One print of the preliminary plan.

(3) Town Clerk submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Town Clerk, by delivery or certified mail, a copy of the application (Form B) and the preliminary plan as now required.

(4) Other. In addition to those items required to be submitted, it is requested that the following be furnished:

(a) A locus plan of the subdivision, showing its street configuration in relation to the surrounding area within 1,600 feet of the perimeter of the subdivision and to zoning district boundaries, at a scale of one inch equals 800 feet.

(b) In the case of a subdivision covering less than all of the land owned by the subdivider in the area of the subdivision, a plan showing in a general manner that proposed overall development of all of said land.

(c) Preliminary findings, in a general way, of the environmental analysis, if expected to be required.

(5) Completeness review. The Planning Board's designee will be responsible for ensuring the completeness of all preliminary plan applications and shall notify all applicants of any deficiencies with their preliminary plan application within seven days of submission to the Planning Board. Applicants should be advised that failure to submit or provide any required item shall be deemed a deficiency, and the Board may act to deny the application based on its technical deficiencies. Submissions pertaining to § 300-7B(1)(d) consultant review fee, are not required prior to application acceptance.

[Added 3-23-1998 by Bylaw Amendment S-98-19]

C. Plan contents. Said preliminary plan should show sufficient information about the subdivision to form a clear basis for discussion of its problems and for the preparation of the definitive plan and shall show:

[Amended 3-23-1998 by Bylaw Amendment S-98-19]

(1) The subdivision name, boundaries, North point, date, scale, legend and the title "Preliminary Plan."

(2) The name and address of the record owner, applicant, registered engineer and registered surveyor.

(3) The names of all abutters within three hundred feet of the property from the most recent tax list.

(4) Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision, in a general manner.

(5) The proposed system of drainage, including adjacent existing natural waterways, in a general manner.

(6) The approximate boundary lines of proposed lots, with approximate areas and dimensions.

(7) The location, names, widths and condition of adjacent streets approaching or near the subdivision.

(8) Topography at two-foot intervals and approximate location of any wetlands (as defined by MGL c. 131, § 40) to include all abutting parcels within 100 feet.

D. Approval. Before approval of the preliminary plan, a public hearing will be held by the Planning Board. Notice of such hearing shall be given by the Board by advertisement in a newspaper of general circulation in the Town 14 days before the day of the public hearing. A copy of said notice shall be mailed to the applicant and all owners within 300 feet of the subdivision as appears on the most recent tax list. Within 45 days after the date of submission of a preliminary plan, the Planning Board shall notify the applicant and the Town Clerk either that the plan has been approved or that the plan has been approved with modification suggested by the Board or agreed upon by the person submitting the plan or that the plan has been disapproved. In the case of disapproval, the Planning Board shall state, in detail, its reasons therefor in accordance with § 81S of the Subdivision Control Law.[2] Such approval does not constitute approval of a subdivision, but does facilitate the procedure in securing final approval of the definitive plan.

[Amended 2-6-1989; 4-8-1996; 3-23-1998 by Bylaw Amendment S-98-19]

[2] Editor's Note: See MGL c. 41, § 81S.

§ 300-8 Definitive plan.

A. Submittals.

(1) Planning Board submittals. Any person who desires approval of a definitive plan of a subdivision shall submit 14 copies of the following to the Planning Board:

[Amended 2-6-1989; 3-23-1998 by Bylaw Amendment S-98-19]

(a) The definitive plan, as described at Subsection B of this section. The original definitive plan drawing will only be needed if and when the actual signing of the plan takes place.

(b) Street plans and profiles of every proposed street, as described at Subsection C of this section.

(c) At the same scale as the definitive plan, a development plan of the premises plus adjoining land within 300 feet of the property line. The development plan shall show topography at two-foot intervals, graphic drainage analysis, including distinction between upland and wetland (as defined by MGL c. 131, § 40, and the Franklin Wetland Bylaw) and location of tree cover, ledge outcroppings, outstanding individual trees of ten-inch diameter or greater within 50 feet of the right-of-way, location of proposed trees, large boulders, existing structures, including fences and walls and proposed lot lines. If located within the Floodplain District, the location of the base flood elevation (one-hundred-year flood) shall be indicated. Wetlands delineation shall be based upon field identification and flagging by a botanist qualified for wetlands identification under the Wetlands Protection Act. It is recommended that the wetlands identification be done in coordination with the Conservation Commission.

(d) A stormwater management plan indicating both on-site and off-site contributory areas, including calculations for the sizing of drainage pipes in accordance with § 300-11. The stormwater management plan shall include a groundwater recharge comparison between pre- and post-development conditions. The stormwater management and drainage calculations shall be prepared and signed by a registered professional engineer and filed as part of the definitive plan. The stormwater management plan shall be drawn to scale and show the incremental areas contributing to each catch basin, ditch or watercourse, including contributory areas outside of the subdivision. The stormwater management plan shall also show existing and proposed contours as required above.

[Amended 2-1-1999 by Bylaw Amendment S-99-20]

(e) An overlay at the same scale as the definitive plan, showing the Soil Conservation Service interpretation of suitability for on-site sewage effluent disposal or showing United States Geological Survey surficial geology, or both, except for areas proposed to be served by Town sewerage.

(f) Test pit logs, with not more than one pit required per four proposed lots, selected to reveal general patterns of subsurface characteristics, after consultation with the Board of Health and the Conservation Commission. Locations shall be indicated on the development plan.

(g) Where connection to the public water system is not proposed, information indicating why such connection is not feasible, description of provisions to be made for water for fire fighting and information adequate to allow determination of compliance with requirements of § 300-12A regarding potable water quality and quantity.

(h) A comprehensive erosion control plan indicating the erosion control measures to be employed, including a description of locations of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques and sediment basins and a narrative description of how erosion from individual lots onto streets and into drainage systems is proposed to be controlled.

(i) A locus plan of the subdivision showing its street configuration in relation to surrounding streets within 1,600 feet of the perimeter of the subdivision and to zoning district boundaries, at one inch equals 800 feet.

(j) Prints, 8 1/2 inches by 11 inches, showing an outline of the subdivision at a scale of 100 feet or 300 feet to the inch, showing all ways and lots, street names, lot numbers and street numbers.

(k) The environmental analysis, if required.

(l) Construction details and specifications and road cross sections for each cross-section variant, except that, where the proposed cross sections are identical with those shown in this regulation,[1] annotation to that effect may be placed on the definitive plan, and the cross-section drawing may be omitted.

[1] Editor's Note: See Appendix 1 included at the end of this chapter.

(2) Other Planning Board submittals. Any person who desires approval of a definitive plan of a subdivision or modifications thereto shall submit the following to the Planning Board:

[Amended 12-9-1987 by Bylaw Amendment 87-116; 3-27-1995 by S-95-14; 5-27-1997 by S-97-18; 3-23-1998 by Bylaw Amendment S-98-19]

(a) North arrow references, references to plans of record, ties into the Massachusetts Coordinate System, ties into County layouts, evidence of ownership, language of any easements, covenants or deed restrictions applying or proposed to apply to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision and description of erosion control methods at all critical locations, showing existing and proposed grades for the width of the right-of-way plus at least 25 feet on each side and, if requested, traverse notes.

(b) Two copies of properly executed application Form C[2] and the definitive plan.

[2] Editor's Note: See Appendix 3 at the end of this chapter.

(c) A filing fee as established in Chapter 82, Fees, of the Code of the Town of Franklin plus a fee per lot potentially created by the plan. If a preliminary plan for the subdivision has been approved within 12 months previous to the filing date of the plan, the filing fee plus a fee per lot potentially created by the plan shall be as established in Chapter 82, Fees.

(d) A Board of Assessors certified list of names and mailing addresses for all abutters as they appear on the most recent local tax list, including property owners on the opposite side of any streets abutting the subdivision.

(e) A description of the land and the proposal, suitable for advertising.

(f) (Reserved)

(g) Sight distance computations in accordance with § 300-10B(6).

(3) Town Clerk submittals. Any person who desires approval of a definitive plan of a subdivision shall submit the following to the Town Clerk by delivery or registered or certified mail:

(a) A notice stating the date of definitive plan submission to the Planning Board.

(b) A copy of the completed application Form C[3] and plan.

[3] Editor's Note: See Appendix 3 at the end of this chapter.

(4) Board of Health submittals. Any person who desires approval of a definitive plan of a subdivision shall file one copy of each of the following with the Board of Health:

(a) Definitive plan.

(b) Development plan.

(c) Environmental analysis, as well as information required in § 300-8A(1)(e) and (f), if any.

[Amended 3-23-1998 by Bylaw Amendment S-98-19]

(5) Completeness review. The Planning Board's designee will be responsible for ensuring the completeness of all definitive plan applications and shall notify all applicants of any deficiencies with their definitive plan application within seven days of submission to the Planning Board. Applicants should be advised that failure to submit or provide any required item shall be deemed a deficiency, and the Board may act to deny the application based on its technical deficiencies. Submissions pertaining to § 300-8A(2)(f), consultant review fee, are not required prior to application acceptance.

[Added 3-23-1998 by Bylaw Amendment S-98-19]

B. Definitive plan contents.

[Amended 3-23-1998 by Bylaw Amendment S-98-19]

(1) The definitive plan shall be prepared by a registered professional engineer and registered land surveyor project design team and shall be clearly and legibly drawn in black India ink upon tracing cloth or Mylar and shall be prepared utilizing AutoCAD 14 or another Town-approved drawing package. The plan shall be at a scale of one inch equals 40 feet or other such scale as the Board may accept to show details clearly and adequately. Sheet sizes shall be 24 inches by 36 inches. If multiple sheets are used, they shall show each lot in its entirety on one sheet and shall be accompanied by an index sheet showing the entire subdivision at a scale of one inch equals 200 feet. The index sheet shall correlate to match lines shown on individual sheets.

(2) In addition, the proposed subdivision shall be tied into the Massachusetts Coordinate Mainland Plane of 1983-1988 (a minimum of three points at the third order of accuracy) and the nearest existing County layout plan within 500 feet. All horizontal surveys shall be made to second order accuracy of 1 to 12,000, and vertical surveys shall be to second order accuracy. All surveys shall conform to the Massachusetts Board of Registration of Professional Engineers and Land Surveyors Procedural and Technical Standards for the Practice of Land Surveying and also the Land Court's latest instructions. The definitive plan shall contain the following information:

(a) A title stating the date, scale and bench mark; the name and address of the record owner and subdivider, engineer or surveyor; the name of the subdivision, if any; the names of proposed streets; and the zoning classification.

(b) The meridian used, Town meridian if required.

(c) The location and ownership of abutting property.

(d) The location and character of all rights-of-way or other easements, existing or proposed.

(e) The lengths and bearings of plan boundary lines.

(f) The lengths and bearings of all subdivision lot lines, including lot frontages on the streets.

(g) The location of all permanent monuments, properly identified as to whether existing or proposed.

(h) The lengths, radii, tangents and central angles of all curves in the lot lines.

(i) The location, names and present widths of all adjacent streets bounding, approaching or within reasonable proximity of the subdivision, sufficient to analyze the traffic flow.

(j) The area of lots, with street numbers, and areas of other adjoining vacant land not included in the subdivision. Street numbers will be obtained as directed by the Franklin Department of Public Works. An area shall be provided for the DPW to designate street numbers on each lot prior to endorsement.

(k) Details on one or more of the plans showing appropriate sewer, drainage, water and roadway sections in accordance with the Franklin Department of Public Works standards and details attached hereto.[4] Where unusual site conditions require additional details where the subdivider is proposing a unique construction solution or where the Planning Board or Department of Public Works requests additional information, details shall be submitted by the subdivider.

[4] Editor's Note: See Appendixes 1 and 2 which are included at the end of this chapter.

(l) Information regarding the ninety-percent-lot-area definition in § 185-3 of the Franklin Zoning Bylaw.[5]

[5] Editor's Note: See Ch. 185, Zoning.

(m) The location of all sidewalks, driveway aprons, trees and grass plots, shown on horizontal plans.

(n) The street classification of all roads.

(o) North arrow and North arrow reference.

(p) House numbers.

[Added 2-1-1999 by Bylaw Amendment S-99-20]

(q) Assessor's map, block and parcel numbers.

[Added 2-1-1999 by Bylaw Amendment S-99-20]

C. Street plan and profile contents. For each street there shall be a separate plan at one inch equals 40 feet and a profile at one inch equals 40 feet horizontal, one inch equals four feet vertical, showing the following data:

(1) The exterior lines of the way, with sufficient data to determine its location, direction and length.

(2) The existing center-line profile to be shown as a fine, continuous line; existing center-line profile for intersecting streets to be shown for at least 100 feet each side of the intersection of the street center lines. The proposed right side line shall be shown as a light dashed black line; the left side line as black dots. Elevations shall be based on United States Geological Survey datum.

(3) The proposed center-line profile, to be shown as a heavy, continuous line, with elevations shown every 50 feet (25 feet on vertical curves).

(4) Existing and proposed watercourses, ponds and wetlands.

(5) Road center line stationing.

(6) All sewer and drainage facilities, to be shown on the profiles indicating proposed pipe sizes, slopes and rim and invert elevations and, on the street plans, showing pipe sizes.

(7) The plan location and size of existing and proposed water mains, hydrants and main gate valves.

(8) The location of proposed streetlights.

(9) The location of existing and proposed street paving, sidewalks and curbs.

(10) Proposed grade stakes, to be set by a registered professional land surveyor at a minimum of one-hundred-foot stations for roadway right-of-way, center line, sidelines and sidewalks.

[Added 3-23-1998 by Bylaw Amendment S-98-19]

D. Environmental analysis. An environmental impact analysis shall be submitted for any subdivision allowing five or more dwelling units and in all cases involving commercial and industrial development. The analysis shall be prepared by an interdisciplinary team, to include a civil engineer and an architect or landscape architect and wetland biologist/scientist. The Planning Board will require that the scope of such analysis include as many suggestions as would identify the best approach providing for the public benefit in the areas of environmental impact listed below:

[Amended 3-23-1998 by Bylaw Amendment S-98-19]

(1) Impact upon ground- and surface water quality and level, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, toxic wastes, storage of petroleum products and other activities within the development. For all developments located in whole or in part within Water Resource Districts, this shall include analysis of open and closed drainage system alternatives, examining effects upon the basic water budget and upon the speed of transport of contaminants.

(2) Material effects upon important wildlife habitats, outstanding botanical features and scenic or historic environs.

(3) Capability of soils, vegetative cover and proposed erosion control efforts to support proposed development without danger of erosion, silting or other instability.

(4) Relationship to the requirements of MGL c. 131, §§ 40 and 40A, the Wetlands Protection Act and the Town of Franklin Wetlands Bylaw.

(5) Impact upon the existing water supply and distribution systems and well capacity of the Town.

(6) Pretreatment of waste materials considered by the Department of Environmental Quality Engineering to be hazardous to the public, including but not limited to the proper containment and handling of petrochemical substances.

E. Performance guaranty.

(1) Form of guaranty. Before the Planning Board endorses its approval of a definitive plan, the developer shall agree to complete, without cost to the Town, all improvements required by this regulation and shall provide security that he will do so, either by covenanting not to sell or build upon any lots until completion of the improvements (which covenant must be referred to on the plan and registered or recorded with it) or by posting bond or other security which the Town can utilize in the event that the improvements are not completed within two years or by some combination of these. Such security shall provide, among other things, that no building permit shall be issued until streets or ways serving such structures have been graded to within one foot of final subgrade and that no structure shall be occupied until streets or ways serving such structure have been surfaced with at least the two-inch (minimum) binder course. The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest. The Board may release the developer from the covenant upon receipt of an agreement executed by the applicant and by the holder of a first mortgage on the premises providing for retention of funds and their availability to the Town upon default. (See MGL. c. 41, § 81U, 11th paragraph.)

(2) Release of guaranty. Following request for final release of the guaranty (either bond or covenant) and at least 30 days prior to granting same, the Planning Board shall give public notice of the request for release by advertising, at the expense of the subdivider, in a newspaper enjoying substantial circulation in the community. Full security shall not be released until the integrity of road pavement and drainage has been verified following a full winter of use, December 21 to March 21, until trees and other vegetation have been established, until as-built plans are received and until a report, in writing, has been received from the Department of Public Works Director stating that the work has been fully completed in an acceptable manner (See form in Appendix.)[6]

[6] Editor's Note: See Appendix 3 at the end of this chapter.

(3) Bond estimate and bond reductions.

[Added 9-5-1989]

(a) Along with each request from a developer for a bond estimate or a bond reduction, a fee shall be paid to the Planning Board as follows:

[1] Subdivision of zero to 25 lots: $100.

[2] Subdivision of 26 to 50 lots: $150.

[3] Subdivision of over 50 lots: $200.

(b) Said fee represents the costs incurred by the Town of Franklin to review said bond estimate or bond reductions.

(c) Reductions for systems (water, sewer, drainage) shall not be granted until the system is complete, tested and operational.

[Added 2-1-1999 by Bylaw Amendment S-99-20]

(d) There is a 25% contingency added to the total bond estimate for the entire subdivision and the Board retains a minimum of 10% of the original bonding amount for maintenance of streets and systems. In the case of a nonprivate street, this is released only after the subdivision street(s) has been accepted by the Town Council. This is released for private streets at the Board's discretion.

[Added 2-1-1999 by Bylaw Amendment S-99-20]

(e) No bond estimate or reduction shall be established or released without a DPW inspection sheet.

[Added 3-3-2003 by Subdivision Amendment 5-03-23]

(4) Town acceptance of improvements. If a definitive plan shows streets or roadways that will become Town streets or roadways, a nonrefundable fee shall be paid to the Planning Board for each such street or roadway before the Planning Board releases security for the street or portion of the street. Said fee shall be used to defray the engineering, GIS mapping, legal, appraisal, recording and administrative costs related to the Town's acceptance and acquisition of such streets or roadways and any underlying or related sewer, water, drainage or other easements or interests.[7]

[Added 6-21-1993 by S-93-10; amended 2-1-1999 by Bylaw Amendment S-99-20]

[7] Editor's Note: Former Subsection E(5), added 3-23-1998 by Bylaw Amendment S-98-19, which immediately followed and prohibited establishment or release of a bond estimate or reduction without a DPW inspection sheet, was repealed 3-3-2003 by Subdivision Amendment S-03-23. See now Subsection C(3)(e).

(5) In the case of any subdivision in which public acceptance of streets or roadways is contemplated, the owner shall expressly reserve to himself in each individual lot deed the fee interest in each such road and his obligation to do so shall be included in the covenant and/or be subject to bonding or other surety.

[Added 3-23-2003 by Subdivision Amendment S-03-24]

F. Review by Board of Health. The Board of Health shall report to the Planning Board, in writing, its approval or disapproval of the plan and, in the event of disapproval, shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without injury to the public health and include specific findings and the reasons therefor in such report and, where possible, shall make recommendations for the adjustment thereof. Such Health Board or officer shall send a copy of such report, if any, to the person who submitted said plan. Any approval of the plan by the Planning Board shall then only be given on condition that no building or structure shall be built or placed upon the areas designated without written consent of the Board of Health which shall endorse on the plan such condition, specifying the lots or land to which said condition applies.

G. Public hearing.

(1) Definitive plan. Before approval of the definitive plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Planning Board by advertisement in a newspaper of general circulation in the Town, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing. A copy of said notice shall be mailed to the applicant and to all owners within 300 feet of the subdivision as appearing in the most recent tax list.

[Amended 4-8-1996]

(2) Waivers. Request for waivers from the Subdivision Rules and Regulations shall be submitted with the definitive plan and enumerated thereon. All such request for waivers shall be heard at the public hearing on the definitive plan. For each waiver requested the applicant shall provide the following data for application review: the reason the waiver is requested, alternatives to granting the waiver, impact of waiver denial on the project and reasons the applicant believes the waiver to be in the best interests of the Town. A separate form shall be submitted for each waiver requested. (See Appendix for Form R).[8]

[Amended 3-23-1998 by Bylaw Amendment S-98-19; 3-3-2003 by Subdivision Amendment S-03-25]

[8] Editor's Note: See Appendix 3 at the end of this chapter.

H. Decision. After the public hearing, the Board in due course will approve, modify and approve, or disapprove the definitive subdivision plan submitted. Criteria for action by the Board shall be the following:

(1) Completeness and technical adequacy of all submissions.

(2) Determination that development at this location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible natural disasters, traffic hazard or other environmental degradation.

(3) Conformity with the requirements of Articles IV and V.

(4) Determination, based upon the environmental analysis (where submitted), that the subdivision as designed will not cause substantial and irreversible damage to the environment, which damage could be avoided or ameliorated through an alternative development plan.

(5) Conformity with all applicable zoning requirements.[9]

[9] Editor's Note: See Ch. 185, Zoning.

(6) Consistency with the purposes of the Subdivision Control Law.[10]

[10] Editor's Note: See MGL c. 41, §§ 81K to 81GG, inclusive.

(7) Notice of such action, or of an agreed extension of the time for such action, must be provided by the Planning Board to the Town Clerk within 90 days following the date of submission of the plan if it follows action on (or failure to timefully act on) a preliminary plan, or 135 days following the date of submission in cases where no preliminary plan was submitted.

[Added 2-6-1989]

(8) Condition of approval.

[Added 8-22-1994 by S-94-13]

(a) Any definitive subdivision plan approved hereunder, or any modification of any such subdivision plan previously approved, shall receive an approval which shall be automatically limited to a period of four years unless one of the following two events occurs within four years from the date of approval of such plan and not the date of endorsement nor the date of recording of such plan:

[1] Event 1. Issuance of a determination of completion by the Department of Public Works Director in accordance with § 300-16E and a vote of acceptance by the Planning Board of the determination of completion, which said determination shall then be recorded with the Town Clerk and binding on all parties.

[2] Event 2. Issuance of a one-year extension by the Planning Board, which extension may only be granted upon petition by the applicant; such a request for extension shall be deemed to be a request for modification of the approved definitive subdivision plan.

(b) In the event than an applicant has failed to so perform within the requisite period, the previously issued conditional approval is deemed rescinded without any further action by the Planning Board and no extension or modification shall be granted. An applicant may apply for a new definitive subdivision plan approval for the site; however, the application will be subject to rules and regulations then in effect.

(c) In every event, the Planning Board shall retain jurisdiction over every subdivision until such time as the determination of completeness has been accepted by the Planning Board.

I. Certificate of approval.

(1) Certificate.

(a) The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by delivery or registered mail to the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its actions. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signature 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 the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. Prior to endorsement by the Planning Board, the applicant shall submit the approved version of the plan on a three-and-one-half-inch diskette(s), in AutoCAD Release-14 (or any subsequent release which the Franklin Department of Public Works adopts), to the Department of Public Works for review and approval. The computer version of the definitive plan shall be identical, full size, and shall contain all information included on the plan of land, topographic plan views, and plan and profile sheets. Layer names shall conform to Department of Public Works standards. A transmittal letter from the Department of Public Works verifying receipt of such information and compliance with Department of Public Works standards shall be submitted to the Planning Board. Failure to submit such information to the Department of Public Works and obtain the compliance letter shall be cause for the Planning Board to rescind approval or not to endorse said plans.

[Amended 6-5-1995 by 5-95-15; 3-23-1998 by Bylaw Amendment S-98-19]

(b) After the definitive plan has been approved and endorsed, the applicant shall furnish the Board with five prints thereof and two fifty-percent-reduced prints. In addition, the applicant shall furnish five blue line prints of the approved plan, reduced to a scale which will fit on an eight-and-one-half-by-eleven-inch sheet. Said plan shall contain the following: the title of the definitive plan, North point, street numbers and street names.

[Amended 3-23-1998 by Bylaw Amendment S-98-19]

(c) Final approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.

(2) Rescission. Failure of the developer to record the definitive plan within a six-month period of its endorsement or to comply with the construction schedule of the performance agreement shall constitute sufficient reason for the Planning Board to consider rescission of such approval, in accordance with the requirements of MGL. c. 41, § 81W.