Town of Charlton, MA Procedure for Submission and Approval of Plans

Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Board the following:

An original Mylar drawing of the proposed definitive plan, prepared as hereinafter prescribed, and twelve (12) copies thereof.

A filing fee of three hundred seventy five dollars ($375), plus one hundred dollars ($100) for each lot (or unit) set forth on the plan ($625 + $200/lot without preliminary plan).

A designer's certificate on a form approved by the Board (Form D).

A sketch plan showing a possible or prospective street layout for any adjacent unsubdivided land owned or controlled by the owner or subdivider of the subdivision, where such plan has not already been submitted with a preliminary plan.

A locus plan of the subdivision on a scale of eight hundred (800) feet to an inch, showing proposed roads and their relation to the surrounding area, and the location of the zoning district or districts applicable to the site.

(f)

Street plans and profiles of every proposed street.

(g)

Street cross sections for each class of street within the subdivision, showing the location of all utilities, cables, conduits, and other installations within the street right-of-way, and typical cross sections of any altered drainage courses or off-street paths.

(h)

Drainage calculations certified by the engineer who prepared them.

(i)

Evidence of ownership, and if required by the Board, traverse notes, 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, description of erosion control methods to be employed, and cross sections of proposed streets at critical locations showing existing and proposed grades for the width of the right-of-way plus twenty-five (25) feet on each side.

(j)

A vegetation and special features map showing all woodlands and significant individual trees or groups of tree masses, rock outcroppings, existing buildings, roads and trails, historic sites or features, streams and their direction of flow, drainage or other water ways, ponds, wetlands, and other significant natural features.

(k)

A soils map based on data maintained by the Town of Charlton or the U.S. Natural Resources Conservation Service (NRCS).

(l)

A landscape plan indicating location, size, and species of proposed plantings within the subdivision.

The definitive plan shall not be deemed to have been submitted to the Board until the application, filing fee, designer's certificate, and sketch plan, if applicable, together with the definitive plan and prints, have been delivered to the Board at a regular or special meeting thereof, and all are fully completed in accordance with these Rules and Regulations.

Notice to Town Clerk. Thereafter, the applicant shall give written notice to the Town Clerk by delivery or by registered or certified mail, postage prepaid, that he/she has submitted the definitive plan to the Planning Board. Such notice shall be accompanied by a copy of the application (Form C), shall describe the land to which the plan relates, sufficiently for identification, and shall state the name and address of the owner and subdivider, and the date when such plan was submitted.

Plan requirements and form:

The plan shall be clearly and legibly drawn by an engineer or surveyor registered or certified as such by the Commonwealth of Massachusetts in black waterproof ink upon Mylar. The size of sheets shall be twenty-four (24) inches by thirty-six (36) inches. Where necessary, the plan may be on several sheets, but in each case continuity and ease of reading shall be provided by match lines and consecutive numbering. If multiple sheets are used, they shall be accompanied by an index sheet setting forth the entire subdivision. All such sheets, taken together, including lot layout, street layout, profiles and cross sections, and construction, if any, shall be deemed to constitute the definitive plan of the subdivision.

The horizontal scale shall be forty (40) feet to an inch, and vertical scale shall be four (4) feet to an inch.

All surveying shall conform to the requirements of the Land Court as they pertain to the Town of Charlton.

The plan shall show the coordinates of all angle points and intersections of tangents along the center lines of proposed streets, based on the coordinate system of the Town Engineer (or, if none, of the Board), unless in the opinion of the Town Engineer, (or if none, of the Board), the establishment of such coordinates is not feasible.

All elevations shall be referred to the U.S.G.S. base, and the plan shall show or describe at least two (2) benchmarks used if within one thousand (1,000) feet of the proposed subdivision.

Contents. The plan shall contain the following information:

A title stating the name of the subdivision, date, scales, and names and addresses of owner, subdivider, designer or engineer, all arranged in a title block in the lower right hand corner of each sheet comprising the plan.

The title of the subdivision is to be lettered in the upper portion of the title block. Where the development of land may possibly include more than one (1) section, the section number should be included in the title of the subdivision. Example: Charlton Acres, Section One.

A subtitle, this being the name of the particular sheet, is to be lettered in the middle portion of the title block.

[1]

Lot numbers should be included in the subtitle when the plan of lots cannot be included on one sheet. Example: Lot Layout Plan (Lots 1 to 28, inc.).

[2]

Station numbers should be included in the subtitle when the road and profile plan cannot be included on one (1) sheet. Example: Plan and Profile of Sturbridge Road (Stations 0+00 to 12+58.78).

	Subdivider and Owner of Record	Charlton Acres, Section One Charlton, Massachusetts
	Smith Const. Co., Inc. Southbridge, MA	Lot Layout Plan (Lots 29 to 36, inc.) Scale: 1"=40'
		Jones & Smith, Civil Engr's and Surveyors Worcester, Massachusetts May 30, 2007 Sheet 2 of 7

	Subdivider and Owner of Record	Charlton Acres, Section One Charlton, Massachusetts
	Smith Const. Co., Inc. Southbridge, MA	Plan and Profile of Sturbridge Road (Stations 0+00 to 12+58.78) Scales Hor. 1"=40' Ver. 1"=4'
		Jones & Smith, Civil Engr's and Surveyors Worcester, Massachusetts May 30, 2007 Sheet 3 of 7

The scales of the plan are to be located in the middle portion of the title block directly below the subtitle of each sheet unless otherwise specified by the Planning Board (see Subsection D).

The sheet number and the total number of sheets is to be lettered in the lower right hand corner of the title block on each sheet. Example: Sheet 2 of 7.

The names and addresses of the subdivider and of the owner of record are to be lettered in a separate block on the left hand side and contiguous to the main portion of the title block.

A space for the endorsement of the plan by a majority of the members of the Planning Board shall be located on the same place on each sheet, as follows:

	Approved [date]


		Being a majority of the Charlton Planning Board


	Endorsed [date]

Where the applicant elects to secure the construction of ways and the installation of municipal services by a covenant, there shall be a notation lettered on the lot layout plan, above the spaces for signatures, as follows:

Approved [date] subject to the provisions set forth in a covenant, executed [date], to be recorded (registered) herewith.

In the same space on the remainder of the sheets comprising the plan there shall be lettered the notation:

Approved [date] subject to the provisions set forth in a covenant described on Sheet 1.

The zoning district or districts in which the subdivision is located. When the subdivision is in more than one (1) district, the boundary line between districts is to be drawn on the lot layout plan(s).

The true North direction.

Names and mailing addresses of all owners of abutting land as they appear in the most recent Town tax list, and the location of such land.

(6)

Names, widths and exterior lines of existing and proposed streets and ways, the boundaries of existing or proposed public or common areas and any existing and proposed easements, within and adjacent to the subdivision. The names of proposed streets shall be set forth on the plan but may be subject to change, until approval of the names by the Board.

(7)

Data to determine readily the location, bearing and length of every street and way line, whether straight or curved, sufficient to reproduce the same on the ground, with all bearings referred to the true meridian.

(8)

Location of all permanent monuments within the subdivision, properly identified as to whether existing or proposed.

(9)

Lengths and bearings of boundary lines of the subdivision, including locations across proposed streets, with a table of closure, and boundary lines, computed lot areas in square feet, and dimensions and bearings of all lots or other divisions of land within the subdivision, with all lots designated numerically and in sequence.

(10)

Existing profiles on the exterior lines and proposed profile on the center line of proposed streets on a horizontal scale of forty (40) feet to an inch and on a vertical scale of four (4) feet to an inch, or such other scales as are acceptable to the Board. (All elevations shall refer to the Town datum.) These profiles shall set forth also any and all temporary turnaround and background areas, and sidewalks, within and adjacent to the subdivision.

(11)

Size and location of existing and proposed storm drains, sewers, water mains, hydrants, gas pipes, electric lines or ducts, telephone lines or ducts, fire alarm cables and boxes, and streetlights, and their appurtenances, all within and adjacent to the subdivision, including any and all service connections required to lots.

(12)

Size, location and other layout provisions of any required project sewer system, as hereinafter defined, and any special water supply facilities for fire protection.

(13)

Location of existing buildings within and adjacent to the subdivision.

(14)

Location and species of proposed street trees and/or individual trees or wooded areas to be retained within forty (40) feet of the sidelines of each street.

(15)

Existing and proposed topography with contours at two-foot intervals over the entire property. The plan shall show any proposed changes in topography and by dotted lines the area within the lots for the approximate placement of dwellings, accessory structures and their accesses. The plan shall set forth also the location of existing and proposed major site features such as stone walls, wooded areas, rock ridges and outcroppings, and natural watercourses and marshes, within and adjacent to the subdivision.

(16)

Buildings, walls, fences and other man-made changes observable on the surface shall be noted on the plan. "Man-made changes" are intended to include, but not be limited to, all surface features evidencing easements or rights-of-way, such as utility poles, guy wires, anchors, overhead wires, valves, or manhole covers indicating underground pipes or utilities, and roads or paths whether paved or unpaved.

(17)

Observable cemeteries or family burial grounds or other historic sites, streams, brooks, springs, rivers, ponds, lakes, swamps or other watercourses or wetlands, located on, bordering on, or running through the subdivision.

(18)

Three corners of the subdivision boundary, tied to known fixed recorded points outside the surveyed premises.

(19)

The purpose of any easements set forth on the plan.

(20)

Layout plan and profile of each street. No sheet shall show the plan and profile of more than one (1) street.

The layout plan on each separate sheet shall show side lines, center line, points of tangency, lengths of tangents, lengths of curves, intersection angles, radii of curves, and location of permanent monuments for each street in the subdivision, together with all lot lines, buildings, walks, drives and other fixtures within forty (40) feet of the side lines of such street.

The layout plan shall also show the size, location and elevation of all storm drains, sewers, water mains and their appurtenances existing in or proposed for each street.

Directly above or below the layout plan of each street, a profile showing existing and proposed grades along the center line and side lines of the street, together with figures of elevation at the top and bottom of all even grades and at fifty-foot stations on said grades, and at the beginning and end of all vertical curves and at twenty-five-foot stations along said curves. The horizontal scale of the profiles shall be forty (40) feet to one (1) inch; the vertical scale shall be four (4) feet to one (1) inch. Lines and figures indicating existing conditions shall be screened; lines and figures indicating proposed grades shall be in plain or bold type. In addition, existing center lines shall be shown in fine solid lines, existing exterior lines in fine dashed lines, and proposed finished center lines in heavy solid lines. Profiles shall also show the size and location of existing and proposed storm drains, sewers, water mains and appurtenances, and of any required project sewer system, and shall extend at least one hundred fifty (150) feet into adjacent land.

(21)

Cross sections of each proposed street, drawn on the corresponding layout plan sheet, with each cross section properly located and identified by station number, at such intervals along the street as will adequately indicate any variations in its section, and supplemented where necessary by lines on the layout plan showing the width and location of proposed roadways, grass plots, gutters, sidewalks and similar physical features; provided, however, that where all cross sections of the street will coincide with the appropriate cross section shown on typical cross-section plans of the Board or other agency of the Town, such agreement may be indicated by proper notation on the layout plan, and the cross-section drawings may be omitted therefrom.

(22)

All drainage areas within the subdivision shall be identified, and the amount of area thereof in acres and the proportion of each as related to the total acreage of the subdivision shall be indicated on the map legend. All natural drainage swales, all drainage streams and their off-site watershed shall also be so identified, together with the maximum area expected to be covered by water resulting from a rainfall of two-, ten- and one-hundred-year storms. Post-development run-off must be less than or equal to pre-development run-off.

(23)

Where sanitary sewers are not available, the result of at least one (1) ten-foot-deep observation hole per lot performed by a Massachusetts licensed engineer, and observed by the Board of Health, a Board of Health agent or the Town of Charlton engineer [ref. State Environmental Code, Title 5, Section 3.3, 310 CMR 15.03(3)] showing the depth of the groundwater level during the period 15 March to 15 May shall be set forth upon the plan or submitted therewith. A description shall also be furnished regarding any limitations on the proposed project caused by subsurface soil and water conditions, and also regarding the methods to be used to overcome the limitations.

(24)

Location of base flood elevation if encountered within one hundred (100) feet of the subdivision as mapped from FEMA.

(25)

Any other unbuildable areas such as water bodies, wetlands, or rock outcrops.

(26)

A statement, affixed to the plan, that "the undersigned agree to comply with all Rules and Regulations for the subdivision of land in the Town of Charlton as adopted by the Town and the Planning Board and all further amendments or additions thereto."

Community impact study. The applicant shall [subject to Subsection Q(7)]:

Completely describe sewage disposal methods and evaluate impact of disposal methods on surface water, groundwater, soils and vegetation. This shall be based in part on an analysis of data obtained from coring from test borings to a depth of twenty (20) feet or ledge performed at two-hundred-foot intervals throughout the proposed site. The significant findings of the borings, i.e., ledge, gravel, clay, sand, water, hardpan, type of soil, etc., shall be set forth on a map of the proposed subdivision, drawn on a scale of fifty (50) feet to an inch, indicating and identifying also the boring sites to which the findings relate.

Describe estimated traffic flow at peak periods and proposed traffic circulation patterns.

Show vehicle parking areas and capacities thereof.

Describe the effect of the project on police and fire protection services for the Town such as additional equipment and/or personnel to be required by the Police and Fire Departments.

Describe the effect of the project on Public Works Department services for the Town such as additional equipment and/or personnel to be required by the Public Works Department.

(6)

Describe the effect of the project on educational services for the Town such as additional equipment and/or personnel to be required by the School Superintendent.

(7)

Describe the effect of the project on the Town water supply and distribution system such as additional equipment and/or personnel to be required by the Board of Health.

Mandatory review by the Board of Health and Conservation Commission.

When the definitive plan is submitted to the Planning Board, the applicant shall also file two (2) copies thereof with the Board of Health. The Planning Board shall forward one copy thereof to the Conservation Commission.

The Board of Health shall, within forty-five (45) days after the plan is so filed, report to the Board in writing approval or disapproval of said plan, and in the event of disapproval shall make specific findings as to which, if any, of the lots shown on the plan cannot be used for building sites without injury to the public health, and include in such report specific findings and the reasons therefor, and, where possible, shall make recommendations for the adjustments thereof. Every lot so located that it is not to be served with a connection to the municipal sewer system shall be provided with a septic tank and drain-field on the primary lot satisfactory to the Board of Health, or with an alternative sewage disposal system acceptable to both the Board of Health and the Planning Board, each in its sole discretion.

The Conservation Commission shall review the plan and determine the applicability of the Wetlands Protection Act, MGL c. 131, § 40. The Commission may also comment on the effects of the subdivision on streams, wildlife, marshlands, swamps, other wetlands, open spaces, and other natural resources. It may comment also on proposals set forth in or associated with the plan and similar considerations, including the proposals for demolishing, retaining or moving site features.

Approval of proposed facilities by Town agencies.

The applicant may, at his/her own election, before submission of his/her final application and definitive plan, obtain written approval of the sizes, locations and other pertinent layout provisions for proposed facilities shown on the definitive plan, and written verification of the sizes and locations of existing facilities shown on said plan, from the agency and for the facilities listed below:

The Town Engineer (or, if none, the Board), for existing and proposed streets and street design, existing and proposed storm drain facilities and easements, grades of the same where appropriate, and grades of gravity utilities.

The Town Engineer (or, if none, the Board), for proposed and existing easements for any water and sewer mains, and any water and sewer facilities.

The Chief of the Fire Department, for the location of any hydrants, or cisterns and, when the subdivider is to install telephone, electric and cable television lines underground, the location of an underground conduit for the fire alarm system.

The Tree Warden, for sizes, locations and species of proposed street trees.

The Town Highway Superintendent,[1] for work within existing public ways.

[1]

Editor’s Note: The title “Highway Superintendent” was changed to “Public Works Superintendent” 5-20-2019 ATM by Art. 12.

The approval and verification required above from any agency may be indicated by appropriate signatures on the original copy of the definitive plan or by an appropriate statement from the agency addressed to the Board and referring to said plan by subdivision name, date, and name and address of owner and subdivider.

Determination of work specifications.

The applicant shall obtain written approval for any deviations from the design and work requirements herein authorized, together with detailed specifications for performing the required work, and special construction requirements, if any, applicable to the subdivision from the agency and for the facilities listed below:

The Town Engineer (or, if none, the Board), for approval of any deviations from the requirement that streets be graded to standard cross sections, and any deviations in the requirement that roadway enter lines coincide with rights-of-way center lines; specifications for grading, installation of monuments and storm drainage facilities, construction of roadway foundations and surfaces, and construction of sidewalks, grass plots and slopes; approval of cross sections where no standards are available.

The Town Engineer (or, if none, the Board), for approval of any deviations in the requirement for service connections; specifications for installing required water and sewer facilities.

The Chief of the Fire Department, for approval of relocation of any hydrants, cisterns and, when the subdivider is to install telephone, electric and cable television lines underground, the location of an underground conduit for the fire alarm system.

The Tree Warden, for requirements as to size, species, location, and method of planting, of street trees.

The Town Highway Superintendent[2] for approval of work within existing public ways.

[2]

Editor’s Note: The title “Highway Superintendent” was changed to “Public Works Superintendent” 5-20-2019 ATM by Art. 12.

Written statements setting forth the specifications for special construction requirements and any granted approval of deviations will be furnished to the applicant and to the Board by the agency concerned. When standard specifications of a particular agency are available to the public in written form, they may be referred to in said statements by name, date and designation of pertinent sections where written specifications are not available or are to be modified, the detailed requirements for work on the ground shall be set forth in the statements.

Cost estimates for required work. If the applicant elects to file a performance bond rather than to secure the performance of the construction of ways and the installation of municipal services for lots shown on the subdivision plan, as hereinafter provided, he/she shall request in writing that the Board's engineering consultant prepare an estimate of the cost of performing the various items of required work, and submit the same to the Town agencies concerned for approval. These estimates, as approved, will then be submitted to the Board for use in determining the necessary penal sum of the performance bond.

Requirement as to number of buildings for dwellings. Not more than one (1) building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town, without the consent of the Board. Such consent may be conditioned upon the providing of adequate ways furnishing access to each site for such building in the same manner as otherwise required for lots within a subdivision.

Public hearing.

Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the Board, notice of the time and the place of which and of the subject matter, sufficient for identification, shall be given by the Board at the expense of the applicant by advertisement in a newspaper of general circulation in the City of Worcester or the Town of Southbridge, once in each of two (2) successive weeks, the first publication being not less than fourteen (14) days before the day of such hearing or if there is no such newspaper in such city or Town, then by posting such notice in a conspicuous place in the Town Hall for a period of not less than fourteen (14) days before the day of such hearing, and by mailing 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 tax list.

The Board shall arrange for the publication of the notices of the hearing. The cost of the publication shall be borne by the applicant as part of the application fee.

Final approval of definitive plan.

After the public hearing, the definitive plan will be studied by the Board to determine its conformity with the preliminary plan, if any, and its compliance with the design standards and other requirements of these Rules and Regulations. After such hearing, and after the report of the Board of Health or lapse of forty-five (45) days without such report, the Board shall approve; or, if such plan does not comply with the Massachusetts Subdivision Control Law or the Rules and Regulations of the Board or the recommendations of the Board of Health, shall modify and approve or shall disapprove such plan. In the event of disapproval, the Board shall state in detail wherein the plan does not conform to the Massachusetts Subdivision Control Law, to the Rules and Regulations of the Board or to the recommendations of the Board of Health and shall revoke its disapproval and approve a plan which, as amended, conforms to the Massachusetts Subdivision Control Law and to such Rules and Regulations or recommendations. The Board shall file a certificate of its action with the Town Clerk, a copy of which shall be recorded by him/her in a book kept for the purpose, and shall send notice of such action by registered or certified mail, postage prepaid, to the applicant at his/her address stated on the application. Approval, if granted, shall be subject to the filing of a bond or covenant or both, as herein provided. Approval of the plan shall not be deemed to be the laying out or acceptance by the Town of any street shown thereon.

When the Board of Health has notified the Planning Board that it has made specific findings as to which of the lots or land in the subdivision cannot be used for building sites without injury to the public health, the Board shall approve the definitive plan only on condition that no building or structure shall be built or placed upon the areas designated without consent by such Board of Health. Such condition shall be endorsed on the plan by the Planning Board, specifying the lots or land to which such condition applies. In the event approval by the Board of Health is by failure to make a report, the Board shall note on the plan that health approval is by failure to report.

Failure of the Board to act.

Nonresidential subdivisions. In the case of a nonresidential subdivision where a preliminary plan has been duly submitted and acted upon or where forty-five (45) days have elapsed since submission of said preliminary plan, and then a definitive plan is submitted, the failure of the Board either to take final action or to file with the Town Clerk a certificate of such action regarding the definitive plan submitted by an applicant within ninety (90) days after such submission, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the Board with the Town Clerk.

Residential subdivisions.

Preliminary plan submitted. In the case of a subdivision showing lots in a residential zone, where a preliminary plan has been acted upon by the Board or where at least forty-five (45) days have elapsed since submission of the preliminary plan, an applicant may file a definitive plan. The failure of the Board either to take final action or to file with the Town Clerk a certificate of such action on the definitive plan within ninety (90) days after such submission, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the Board with the Town Clerk.

No preliminary plan submitted. In the case of a subdivision showing lots in a residential zone, where no preliminary plan has been submitted and acted upon or where forty-five (45) days have not elapsed since submission of such preliminary plan, and a definitive plan is submitted, the failure of the Board either to take final action or to file with the Town Clerk a certificate of such action regarding the definitive plan submitted by an applicant within one hundred thirty-five (135) days after such submission, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the Board with the Town Clerk.

Performance guarantee.

Before endorsement of the approved definitive plan of a subdivision, the applicant shall file with the Board a performance guarantee, in a form satisfactory to the Board, for the completion of the required improvements specified in Section 5 of these Rules and Regulations for all lots in the subdivision, the construction of ways and the installation of municipal services to be secured by one (1), or in part by one (1) and in part by another, of the following methods, which method or combination of methods may be selected and from time to time varied by the applicant:

By a surety company performance bond (Form E) or a performance bond (Form F) secured by a deposit of money or negotiable securities, and conditioned on the completion of all required improvements or any part of the improvements not covered by a covenant, referred to in the following Subsection O(1)(b) of these Rules and Regulations, within two (2) years of the date of the bond, or within such shorter time as is specified by the Board. This bond shall be in sufficient penal sum, in the opinion of the Board, to cover the cost of such improvements and so drawn as to insure their satisfactory completion. The bond shall be executed by the applicant as principal and a surety company authorized to do business in the Commonwealth and satisfactory to the Board as surety, or secured by the deposit with the Town Treasurer of cash or negotiable securities in an amount equal to the penal sum of the bond. It shall be approved as to form and manner of execution by the Town Counsel.

By a covenant (Form G) running with the land, executed and duly recorded by the owner of record of all the land in the subdivision, whereby all improvements not covered by bond in Subsection A(1)(a) of this section of these Rules and Regulations shall be provided to serve adequately any lot in the subdivision before such lot may be built upon or conveyed other than by mortgage deed as provided by statute.

By delivery to the Board of an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the Board and otherwise due the applicant, to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work, and shall further provide that in the event the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be available for completion.

Any covenant or agreement given hereunder and any condition required by the Board of Health as to the approval of the plan shall be either inscribed on the plan or contained in a separate document, referred to on the plan.

If the applicant secures performance by a covenant, but wishes to postpone the completion of specified items of work on the ground until after lots have been sold and/or buildings erected, the Board may, in its discretion, exempt from the provisions of the covenant the items of work to be so deferred, provided a bond is filed in accordance with the procedure set forth in Subsection O(1)(a) of these Rules and Regulations sufficient in penal sum, in the opinion of the Board, to cover the cost of the deferred improvements.

Reduction of bound or surety. The penal sum of any such bond, or the amount of any deposit held under Subsection O(1)(a) hereof, may from time to time be reduced by the Board and the obligations of the parties thereto released by the Board in whole or in part. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required.

Endorsement and recording.

If the plan has been approved, and before endorsement of said plan, the applicant shall obtain and deliver to the Board, or a designated representative thereof, a Mylar of each of the sheets comprising the plan. In the case of registered land, when the required work to be performed in the subdivision is to be secured by a covenant, the applicant shall furnish in addition to the above prints one (1) extra Mylar of each of the sheets of the definitive plan comprising the lot layout plan. Also in the case of registered land when the required work to be performed in the subdivision is to be secured by a bond, the applicant need only furnish one (1) print Mylar of each of the sheets of the definitive plan comprising the lot layout plan.

Approval of the plan, if granted, shall be attested on the original tracing and the transparent cloth prints of the definitive plan by the signatures of the majority of the members of 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. Before the definitive plan shall have been endorsed by the Board, the owner(s) of the subdivision shall be the owner(s) of record. After the definitive plan has been endorsed, the applicant shall furnish the Board with three (3) prints thereof.

The definitive plan shall be stamped as follows:

"It is agreed that this approval of the Charlton Planning Board is for [two (2) years only or for such shorter time, specified herein, as is determined by the Board]. In the event the ways and municipal services shown on this Plan are not constructed and installed, as applicable, within [two (2) years from this date, or such shorter time, specified herein, as is determined by the Board] approval of the Board is withdrawn, and this Plan is and shall be null and void."

After endorsement by the Board and before the recording of the approved plan, the applicant shall obtain and deliver to the Board nine (9) paper prints, black line on white ground, of said plan for the Board's files and for subsequent distribution to appropriate Town agencies.

If not otherwise taken care of, as provided for under Paragraph 7 of the application for approval of definitive plan (Form C), within thirty (30) days after the return of the approved definitive plan the applicant shall cause to be recorded in the Worcester District Registry of Deeds, and, in the case of registered land, with the recorder of the Land Court, a copy of said plan and the covenant, if any, and shall notify the Board or its Clerk of such recording, submitting evidence thereof satisfactory to the Board.

(6)

Upon receipt of notification of recording, the Board shall file one (1) copy of the definitive plan with the Building Inspector.

In accordance with the statute, if performance of the construction of ways and the installation of municipal services is secured by a covenant, the Inspector shall issue no permit for the construction of a building on any lot within the subdivision except upon receipt from the Board of a copy of the certificate of performance describing the lot in question, as provided in Subsection S hereof.

If performance of the construction of ways and the installation of municipal services is secured by a bond, the bituminous concrete base satisfactory to the Town Engineer (or, if none, to the Board) shall be constructed from an existing street to a proposed structure, and a hydrant shall be in working condition satisfactory to the Fire Chief within five hundred (500) feet of a lot before a house number or building permit can be issued for a structure.

(7)

Failure to comply with the procedural and other requirements of these Rules and Regulations may result in rescission of the approval given hereunder by the Board.

Evidence of satisfactory performance. Before the Board will release the interest of the Town in a surety bond or deposit, or agreement, or, in the case of a covenant, issue a release of covenant, the applicant shall obtain and submit to the Board written evidence that the required work on the ground has been completed to the satisfaction of the agency and for the facilities listed below:

The Town Engineer (or, if none, the Board), for grading, grades of all gravity utilities, storm drainage facilities, roadways, street signs, sidewalks, grass plots, slopes, monuments, and cleaning up. Before the Town Engineer (or, if none, the Board) shall furnish written evidence, as noted above, the subdivider shall obtain and submit to said engineer (or, if none, to the Board):

A registered professional engineer's certificate of (partial) completion (Form H); and

A complete plan and profiles drawn on tracing cloth, prepared by a registered professional engineer, at the horizontal scale of forty (40) feet to an inch and at the vertical scale of four (4) feet to an inch, showing the location of monuments, the size, exact location, grades, and elevations of all storm drains, water and sewer facilities, including house connections with ties and elevations, installed in the rights-of-way and easements shown on the definitive subdivision plan and file with the Town Engineer (or, if none, with the Board) a certificate signed by said registered professional engineer, that all said facilities are installed in place and at the grades and elevations shown on the definitive plan of the subdivision as approved by the Board.

The Town Engineer (or, if none, the Board), for water and sewer facilities.

The Chief of the Fire Department, for installation of hydrants, cisterns, and, when the subdivider is to install telephone, electric and cable television lines underground, for installation of an underground conduit for the fire alarm system.

The Tree Warden, for street trees.

The Town Highway Superintendent,[3] for all work within an existing public way.

[3]

Editor’s Note: The title “Highway Superintendent” was changed to “Public Works Superintendent” 5-20-2019 ATM by Art. 12.

Release of performance guarantee.

Upon the completion of the construction of ways and the installation of municipal services and other improvements required under Section 5 hereof in accordance with these Rules and Regulations, security for the performance of which was given by bond, deposit, covenant or agreement, or upon the performance of any covenant with respect to any lot or groups of lots, the applicant shall send by registered or certified mail to the Town Clerk and the Board a written statement in duplicate that the construction of ways and the installation of municipal services and other improvements, in connection with which such bond, deposit, covenant or agreement has been given, has been completed in accordance with the requirements of these Rules and Regulations, such statement to contain the address of the applicant.

The Town Clerk shall forthwith furnish a copy of said statement to the Board. The request to the Board or statement to the Town Clerk, as the case may be, shall include and be accompanied by a properly executed certificate of completion (Form H).

If the Board determines that said construction, installation and improvements have been completed to its satisfaction, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument (Form K or K-1), which may be recorded, or terminate its interest in the agreement by an instrument satisfactory in form to itself and to the lender. The Board shall file duplicate copies of said instrument with the Building Inspector and with the Town Engineer, if any. However, a sum in an amount to be established by the Board, but in no event less than twenty percent (20%) of the market value of the subdivided land shall be held by the Town for the maintenance and repair of streets, ways, municipal services and other improvements for a minimum of eighteen (18) months after completion of construction or until the streets and ways are accepted by the Town as public ways, whichever comes first, after which date the Town shall return the remainder of the sums thus retained to the person or persons who furnished same.

If the Board determines that said construction, installation or improvements have not been completed, it shall specify in a notice sent by registered or certified mail to the applicant and to the Town Clerk, the details wherein said construction or installation fails to comply with the requirements of these Rules and Regulations. If the Board fails to prepare and mail this notice within forty-five (45) days after receipt of the statement by the Town Clerk all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned and any such covenant shall become void. In the event that said forty-five-day period expires without such specification, or without the release and return of the bond or return of the deposit or release of the covenant as aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

Criteria for satisfactory partial completion.

When only a portion of the streets and other improvements shown on the definitive plan have been constructed or installed and a release of covenant is requested, the Board shall consider as satisfactorily completed only such lengths and parts thereof as will (in and of themselves) form convenient and adequate systems without the necessity of further extension or improvement, and shall consider as eligible for release only such lots as front on, are connected to, or are otherwise served by such streets, utilities and other improvements.