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)
(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.
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.
(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:
(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.
(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]
(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.
(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.
(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.
