Article III Procedure for Submission and Approval of Plans

Editor's Note: Form A is available at the Planning Board office.

If the Board determines that the plan does not require approval under the Subdivision Control Law, it shall without a public hearing and within 21 days of submission cause to be endorsed thereon the words: "Approval Under the Subdivision Control Law Not Required." Said plan shall be certified by the Board and returned. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall within 21 days of submission of said plan give written notice to the Town Clerk and the person submitting the plan.

In determining whether a way in existence when the Subdivision Control Law became effective in the Town is adequate to qualify a plan as not constituting a subdivision, the Board shall take into consideration the following factors, among others:

Whether the right-of-way is at least 24 feet wide as required by the Zoning Bylaw;

Whether the existing horizontal and vertical alignment of the roadway provides safe visibility; and

Whether the roadway is at least 20 feet wide and paved, with adequate provisions for drainage.

Said plan shall include the following:

The following statement: "Planning Board endorsement of this plan indicates only that the plan is not a subdivision under MGL c. 41, § 81L, and does not indicate that the lot is buildable, or that it meets zoning, health, conservation or general bylaw requirements."

Title, date, scale, legend, North arrow, locus map, existing buildings and structures, existing septic systems, stone walls, easements, and wetlands as delineated under the Zoning Bylaw and/or MGL c. 131, § 40, and the Town of Marshfield Wetland Bylaw. Base flood elevation data, as shown on the Flood Insurance Rate Map, as most recently revised, published by the Federal Emergency Management Agency, shall be provided. The scale of said plan shall be one inch equals 40 feet or such other scale as shall be deemed appropriate by the Planning Board to show the property and the above-required information conveniently. Plans shall be in accordance with MGL c. 36, § 13A, as amended. Applications which are found to be incomplete shall be returned to the applicant without the endorsement of the Board with the finding that insufficient information has been provided to determine whether or not the plan constitutes a subdivision in the meaning of MGL c. 41, § 81L.

[Amended 7-24-2017]

The entire parcel(s) subject to the application.

§ 405-6 Preliminary plan.

Applicants are encouraged to meet with the Board for pre-preliminary discussions with conceptual subdivision plans. The purpose of such discussions is to identify potential problems or concerns prior to the applicant expending funds for the filing of preliminary or definitive plans.

General. A preliminary plan of a subdivision may be submitted by the applicant for discussion, approval, conditional approval, or disapproval by the Board. An applicant shall demonstrate ownership of the fee interest on the land in question or else document that (s)he is acting as the duly authorized agent of said owner by means of a notarized letter so stating. Eight copies of the plan shall be submitted to the Board and written notice of such submission made to the Town Clerk by delivery, or by registered or certified mail, postage prepaid.

Fees; administrative/staff review.

Every preliminary plan shall be subject to the filing fee as provided in Chapter 420, Fee Schedule.

[Amended 7-24-2017]

Any change deemed to be significant by the Planning Board, such as a new roadway location or connection, shall require a new submission and filing fee as required above. The Board may, at its discretion, waive filing fees where changes to plans are required through circumstances beyond the control or design responsibility of the applicant.

Fees; consultant review/special accounts.

Every preliminary plan shall be required to file the minimum review fee to establish an individual special account as provided in Chapter 420, Fee Schedule.

[Amended 7-24-2017]

Where specific conditions arising from the land or the nature of the proposal necessitate the assistance of a planning, engineering, traffic, soils, hydrologic or other consultant, the Planning Board may engage such consultant services to assist the Board in analyzing a project to ensure compliance with all relevant laws, ordinances, bylaws and regulations. The Board may require that applicants pay a review fee consisting of the reasonable costs incurred by the Board for the employment of outside consultants engaged by the Board to assist in the review of the application.

Funds received by the Board pursuant to this section shall be deposited with the Town Treasurer/Collector who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation. Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the applicant. Failure of an applicant to pay a review fee shall be grounds for denial of the application or permit.

[Amended 7-24-2017]

Review fees may only be spent for services rendered in connection with the specific project from which they were collected. Accrued interest may also be spent for this purpose. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant's successor in interest. A final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.

Any applicant may take an administrative appeal from the selection of the outside consultant to the Select Board, provided that such appeal is taken within 14 days of notification of the Board's appointment of the consultant. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a closely related field. The required time limit for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that the Select Board makes no decision within one month following the filing of the appeal, the selection made by the Board shall stand.

[Amended 10-18-2021 STM by Art. 32]

Contents. The preliminary plan so titled shall be drawn at a scale of one inch to each 40 feet. 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. The necessary information should include all pertinent data on nearby property which would have an effect on, or be affected by, the subdivision. The plan shall be prepared by an engineer and land surveyor, registered in Massachusetts, shall be clearly and legibly drawn in black India ink upon tracing cloth or Mylar, and shall bear a certification signed by the land surveyor on the title sheet stating that the plan is derived from an actual survey made on the ground according to Planning Board and state standards. All surveying shall conform to the requirements of the Land Court, Class A, as set forth in the manual of said Court, from time to time current. Plans shall conform to MGL c. 36, § 13A, and shall be 24 inches wide and 36 inches long. If multiple sheets are required, they shall be numbered consecutively in the upper right-hand corner and they shall be accompanied by an index sheet showing the entire subdivision. The index sheet shall contain a key plan at one inch equals 100 feet or as approved by the Board, indicating the location of each street. The plan shall contain the following:

Name of subdivision, date, bar scale, name of applicant, engineer, North point, bench marks, and map locus, an identification of the appropriate zoning district, including but not limited to wetlands as delineated under MGL c. 131 and the Town of Marshfield Wetland Bylaw, and any possible exceptions or conflicts with the Zoning Bylaw. All plans shall note that design and construction are to conform to the rules and regulations of the Board. A title block must appear on each page and suitable space provided to record the action of the Board and the signatures of the Board members on the first page thereof.

Names of all abutters as they appear on the most recent tax list and approximate intersecting boundary lines of abutting lands. All contiguous property owned by the applicant shall be included in the plan regardless of whether or not a substantial portion of the applicant's remaining land remains undivided. Such remaining area shall be considered as a single lot, requiring approval as a resubdivision before further division of the remaining area occurs.

Lines of existing and proposed streets, ways, lots, easements, and public or common areas within the subdivision.

Sufficient data to determine the minimum lot areas and zoning dimensional compliance of lots within or affected by the subdivision.

Location of all permanent monuments as defined in Article IV, Design Standards and Required Improvements, properly identified as to whether existing or proposed.

A sketch plan showing tracts of land, ownership, and topography at no less than two-foot contour and the location, names and present widths of the secondary streets bounding, approaching or within reasonable proximity of the subdivision.

(7)

Size and location of existing and proposed storm drains, water main locations, and utilities within and adjacent to the subdivision (refer to design standards herein).

(8)

Location of and distance from sources of private and the nearest public water supply in accordance with the rules and regulations of the Board of Health.

(9)

Major site features such as existing easements, stone walls, fences, buildings, other structures, historic structures, vistas, areas of unique vegetation, existing septic systems, wooded areas, rock ridges and rock outcroppings, swamps, marshes, water bodies, wetlands as cited in § 405-5D(2), and existing topography as required. During discussion of the preliminary plan, the complete information required for the definitive plan will be developed.

(10)

Base flood elevation data, as shown on the Flood Insurance Rate Map, as most recently revised, published the Federal Emergency Management Agency.

[Amended 7-24-2017]

Street numbers and names; referral to Historical Commission, Police Department and Fire Department.

All proposed ways are to be referred to in all preliminary plans by approximate street numbers in relation to existing public ways (e.g., 1100 Careswell Street instead of "Marsh Hill"). Said numbers are to be obtained from the office of the Town Engineer for preliminary plan purposes. Multiple streets within a proposed subdivision shall be referred to in a preliminary plan as Road A, B, C, etc.

Upon submission of a formal preliminary plan (Form B),[1] the Planning Board shall refer the plan forthwith to the Historical Commission, which shall make a recommendation to the Board within 30 days of the referral date as to proposed street names. If, in the Commission's view, the subject property has significant historical association, which merits preservation, it shall forward recommendations to the Planning Board. The Planning Board shall consider the significance of such associations as provided by the Commission in its final selection of street names. The applicant may provide suggestions to the Commission and directly to the Planning Board.

Editor's Note: Form B is available at the Planning Board office.

After the elapsing of 30 days from the date of referral to the Historical Commission, the Planning Board shall forward all recommendations acceptable to it to the Police and Fire Departments for their comment. Within the allowed forty-five-day review period for preliminary plan action, the Planning Board shall render its decision on street names as a part of its decision on the application.

The Board shall strive to select brief names for convenience and clarity, limiting length of names to one word, unless exceptional historic significance is shown.

§ 405-7 Street determination/street improvement plan.

Hence forward, whether followed by a definitive plan or further preliminary plans, the Town Engineer shall refer an applicant on the same parcel to the approved street name(s), unless in his judgment new access or intervening circumstances warrant reconsideration. In that event, reference can again be made to the procedure under this section.

Approval or disapproval. The Board shall, within 45 days after submission, give such preliminary plan its approval, with or without modification, or shall disapprove such plan, stating its reasons. The Town Clerk shall be notified of the Board's decision in writing. Such approval is valid for seven months and does not constitute approval of a subdivision but does facilitate the procedure in securing final approval of the definitive plan.

[Preexisting private/paper street(s) and all roads or streets in pre-1956 recorded subdivisions.]

Purpose. The purpose of these regulations is to set forth the procedures and standards by which a lot owner may determine whether one or more lots have frontage on a way that meets the definition of "street" in the Marshfield Zoning Bylaw.

This process is called a "street determination" and it prescribes the requirements for construction of:

Roads that have not been built, within existing paper rights-of-way;

Unimproved roads that have not been paved and do not have stormwater management infrastructure; and

Lots shown on a subdivision plan that predates the adoption of the Subdivision Control Law, MGL c. 41.

These regulations for improvements to private ways are intended to reduce the likelihood of drainage and erosion problems and ensure that improvements, when completed, result in a positive street determination.

Authority. A building permit may not be issued by the Building Commissioner for new construction unless the lot on which the building is to be constructed has frontage on a "street" as defined in the Marshfield Zoning Bylaws. For private streets not approved under the Subdivision Control Law, the Planning Board must make a determination as to the adequacy of the way in accordance with this definition. A "street" as defined in the Marshfield Zoning Bylaw Article II is: "A way, over 24 feet in right-of-way width, which: A. Is a public way laid out by a governmental entity or public authority pursuant to Massachusetts General Laws or is shown as a public way on an official map adopted by the Town pursuant to MGL c. 41, § 81E, or has been accepted by the Town as a public way; or B. Is shown on a plan approved and endorsed in accordance with the Subdivision Rules and Regulations of Marshfield and MGL c. 41, §§ 81K to 81GG; or C. has, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and buildings erected or to be erected thereon."

[Amended 7-24-2017]

Application for a street determination.

Submittal requirements. Applicants for street determinations shall submit the following items to the Planning Board:

A written request for a street determination signed by the individual seeking the determination.

The name(s) of the street(s) for which a determination is being sought.

The Assessor's parcel number for the lot(s) for which a determination is being sought.

An Assessor's map or other locus map which shows adjacent streets and is sufficient to locate the street(s) and parcel(s).

An administrative filing fee as provided in Chapter 420, Fee Schedule.

[Amended 7-24-2017]

Planning Board procedure. Upon receipt of a completed request for a street determination, the Planning Board will schedule the request for its next available meeting.

Review standards.

If the way is not a public way or a subdivision way, the Planning Board will consider the following criteria in determining whether a private way is of "sufficient width, suitable grades, and adequate construction":

The roadway surface must be a minimum width of 20 feet of bituminous concrete;

The roadway surface was created prior to January 1, 2010;

The adequacy of or need for drainage along the roadway;

The adequacy of municipal services along the roadway (includes water and wastewater);

The number of existing and potential lots on the way;

The minimum requirement for a twenty-four-foot right-of-way in the Zoning Bylaw;

[7]

The slope of the roadway.

The Board's decision shall be based on the conditions that exist at the time the street determination is requested.

Decision. The Planning Board will vote to issue a positive or a negative street determination within 90 days of receipt of a completed request. The Board's decision will be issued in writing, with reasons set forth, and a copy shall be provided to the Building Commissioner.

[Amended 7-24-2017]

Positive street determination. Upon issuance of a positive street determination, applicants may be issued a building permit (assuming all other requirements of zoning are met).

Negative street determination. The Building Department will not issue building permits when a negative street determination is made. In such cases, roadway improvements must be made prior to reconsideration by the Planning Board. Such improvements fall into two categories:

Applicants seeking to create new lots on private ways/paper streets must file a subdivision plan pursuant to the Subdivision Control Law and the Marshfield Subdivision Rules and Regulations.

Applicants seeking to develop existing lots must file a subdivision plan meeting the minimum standards and procedures outlined below.

Improvements to private ways and paper streets. Where the Planning Board determines that the negative street determination is the second category {Subsection C(4)(b)[2], existing lots of record on a paper street} applicants shall provide the following information:

Contents. The street improvement plan, so titled, shall be drawn at a scale of one inch to each 40 feet. Said street improvement plan should show sufficient information about the proposed improvements. The necessary information should include all pertinent data on nearby property, which would have an effect on, or be affected by, the proposed improvements. The plan shall be prepared by an engineer and/or land surveyor, registered in Massachusetts, shall be clearly and legibly drawn and shall bear a certification signed by the land surveyor on the title sheet stating that the plan is derived from an actual survey made on the ground according to Planning Board and state standards. All surveying shall conform to the requirements of the Land Court, Class A, as set forth in the manual of said Court, from time to time current. Plans shall conform to MGL c. 36, § 13A, and shall be 24 inches wide and 36 inches long. If multiple sheets are required, they shall be numbered consecutively in the lower right-hand corner and they shall be accompanied by an index sheet showing the entire subdivision. The index sheet shall contain a key plan at one inch equals 100 feet or as approved by the Board, indicating the location of each street.

The street improvement submittal shall include six full size (24 inches wide and 36 inches long), 18 11 x 17 sets and a pdf file (CD/DVD or USB).

The plan shall contain the following:

Street address/name of property owner, date, bar scale, name of applicant, engineer, North point, bench marks, and map locus, an identification of the appropriate zoning district, including but not limited to wetlands as delineated under MGL c. 131 and the Town of Marshfield Wetland Bylaw, and any possible exceptions or conflicts with the Zoning Bylaw (including flood designation). All plans shall note that design and construction are to conform to the rules and regulations of the Board. A title block must appear on each page and suitable space shall be provided to record the action of the Board and the signatures of the Board members on the first page thereof. Said title box shall be on the lower right-hand corner of the plan page.

Lines of existing and proposed streets, ways, lots, easements, and public or common areas within the subdivision and/or street improvement.

Sufficient data to determine the minimum lot areas and zoning dimensional compliance of lots within or affected by the subdivision.

Location of all permanent monuments as defined in Article IV, Design Standards and Required Improvements, properly identified as to whether existing or proposed.

A sketch plan showing tracts of land, ownership, and topography at no less than a two-foot contour and the location, names and present widths of the secondary streets bounding, approaching or within the street improvement or reasonable proximity of the subdivision.

[7]

Size and location of existing and proposed storm drains, water main locations, and utilities within and adjacent to the subdivision and/or street improvement (refer to design standards herein).

[8]

Location of and distance from sources of private and the nearest public water supply in accordance with the rules and regulations of the Board of Health.

[9]

Major site features such as existing easements, stone walls, fences, buildings, other structures, historic structures, vistas, areas of unique vegetation, existing septic systems, wooded areas, rock ridges and rock outcroppings, swamps, marshes, water bodies, wetlands as cited in § 405-5D(2), and existing topography as required. During discussion of the street improvement plan, the complete information required for the definitive plan will be developed.

[10]

Base flood elevation data, as shown on the Flood Insurance Rate Map, as most recently revised, published by the Federal Emergency Management Agency.

[Amended 7-24-2017]

[11]

An estimate of the number of potential lots that could be served by the way based on existing zoning if a positive street determination were issued.

[12]

A certified list of all abutters to the street that is being developed. If two streets are being improved, all abutters to both streets must be notified.

[13]

The plan shall have a statement that the applicant intends to have the street remain private.

[14]

The sheet showing the topographic information shall provide the following certification:

	I certify that the topographic information on this plan was derived wholly from an on ground instrument survey and that the datum was obtained from a U.S.G.S. Bench Mark # ____________________
	Date:
	(Signature of Professional Land Surveyor)

Waiver requests. If any waivers from the Subdivision Rules and Regulations are requested, the applicant shall include a waiver request letter which lists all of the requested waivers and the reasons why waivers are requested. The waiver request letter shall state how it would be in the public's best interest to waive strict compliance with specific sections of the Subdivision Rules and Regulations.

Town Clerk copy. Following the submission of the application packages to the Planning Board, one complete application package must also be filed with the Town Clerk who will time and date stamp it and keep it for his or her records. This includes a copy of the drainage calculations. A copy of the completed set of plans (stamped by the Town Clerk) shall also be submitted to the Planning Board. If the applicant would like a stamped application package for his or her records, an additional set should be provided to the Town Clerk.

Incomplete applications. Incomplete application submittals may be denied by the Planning Board at the first public hearing.

Special permits and or definitive subdivisions. Where a street improvement plan also requires a definitive subdivision plan or special permit approval in accordance with the Marshfield Zoning Bylaw, both applications shall be filed concurrently.

Inspection. At the time of construction, an inspector supplied by the Town shall be paid at the specified hourly rate by the Town to be reimbursed on at least a quarterly or monthly basis, as billed, by the Planning Department. Release from covenant or bond shall not be made until all inspection fees have been paid.

[Amended 7-24-2017]

(7)

Administrative expenses. An administrative fee as provided in Chapter 420, Fee Schedule, shall be provided with a street improvement plan. A check payable to the Town of Marshfield for administrative fees shall be submitted to the Planning Board for deposit with the Town Treasurer/Collector.

[Amended 7-24-2017]

(8)

Review fees/special accounts. Every applicant filing a street improvement plan shall be required to file a minimum review fee as provided in Chapter 420, Fee Schedule, to establish an individual special account.

[Amended 7-24-2017]

Any change deemed to be significant by the Planning Board such as a new roadway location or connection shall require a new submission and filing fees/review fees as required above. The Board may, at its discretion, waive filing fees where changes to plans are required through circumstances beyond the control or design responsibility of the applicant.

Specific conditions arising from the land or the nature of the proposal may necessitate the assistance of a planning, engineering, traffic, soils, or other consultant to assist the Board in analyzing a project to ensure compliance with all relevant laws, ordinances, bylaws and regulations. The Board may require that applicants pay a review fee consisting of the reasonable costs incurred by the Board for employment of outside consultants engaged by the Board to assist in the review of the application.

Funds received by the Planning Board pursuant to this subsection shall be deposited with the Town Treasurer/Collector who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation. Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the applicant. Failure of an applicant to pay a review fee shall be grounds for denial of the application or permit.

Review fees may only be spent for services rendered in connection with the specific project from which they were collected. Accrued interest may also be spent for this purpose. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project, shall be repaid to the applicant or the applicant's successor in interest. Upon a written request received from the applicant, a final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.

Any applicant may take an administrative appeal from the selection of the outside consultant to the Select Board, provided that such appeal is taken within 14 days of notification of the Board's appointment of the consultant. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a closely related field. The required time limit for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that the Select Board makes no decision within one month following the filing of the appeal, the selection made by the Board shall stand.

[Amended 10-18-2021 STM by Art. 32]

(9)

Testing. The applicant shall pay expenses for street improvement inspections and/or testing to ensure the work conforms to the rules and regulations.

Public hearing. Before approval, approval with conditions or disapproval of the street improvement plan is given, a public hearing shall be held. Notice of the time and place of the hearing and of the subject matter sufficient for identification shall be given by the Board by advertisement in a newspaper of general circulation in the Town of Marshfield once a week for two successive weeks, the first publication being not less than 14 days before the day of the hearing. The applicant is responsible for preparing notices to abutters by certified mail, return receipt requested. The prepared notice shall then be verified by the Planning Board or its agent before being mailed by the applicant. Return receipts are to be addressed to the Planning Board for further verification. The notice shall be mailed to the abutters by certified mail not less than 10 days before the date of the hearing. A copy of said notice shall be mailed to all owners of land abutting the subdivision and/or street improvement as appearing in the most recent tax list. Failure to do so will result in the continuation of the public hearing.

Design and construction standards for street improvements. Based on site and right-of-way conditions, road improvements shall follow the definitive subdivision road standards (see Article IV, Design Standards and Required Improvements) except as follows:

Pavement width shall be a minimum of 20 feet and shall include a minimum eight-inch gravel base, a two-inch base course and a one-and-one-half-inch top course.

Drainage. Catch basins with deep sumps and hoods shall be required. Depending on topography and other site conditions, forebays and other drainage pretreatment structures may be required in environmentally sensitive areas. In all cases, appropriate provision for water runoff shall be made so that it leads into a drainage system. Stormwater shall not be directed onto any abutting property unless it is within an approved stormwater management system. Stormwater management systems shall be designed to minimize erosion. Drainage pipes located within the right-of-way shall be reinforced concrete pipe.

Curb/berm. All roads shall have twelve-inch-wide Cape Cod berms.

Sidewalks. In areas where the adjoining streets do not have sidewalks, the Board may not require sidewalks or contribution to the sidewalk fund as part of the street improvement.

Tapering. Where necessary, newly constructed segments of an unaccepted street shall be tapered back to provide a safe transition to the cross section of the existing ways.

Performance guarantee. An applicant of a street improvement plan shall, prior to endorsement of the plan, provide the Board with the required provisions to guarantee the construction of ways and installation of municipal services in accordance with § 405-8E, definitive subdivision plan performance guarantee.

Certificate of action. The action of the Board in respect to such plan, as to approval, modification or disapproval thereof, shall be by vote. Copies of the certificate of action shall be certified and filed with the Town Clerk and sent by delivery or registered mail, postage prepaid, to the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its decision. Final approval, if granted, shall be endorsed on the original drawing of the street improvement plan by the signatures of a majority of the Board, but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of action of the Board with the Town Clerk, and said Clerk has notified the Board that no appeal has been filed. The Town Clerk shall endorse on the plan or record separately and refer to on said plan the fact that no notice of appeal was received during the 20 days of the plan. Endorsement and recording of final plans must occur within six months of the filing of the decision with the Town Clerk or the Planning Board may vote to revoke its approval of the plan.

Failure of the Board to take final action regarding a street improvement plan within 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. After the street improvement plan has been approved and endorsed, the applicant shall furnish the Board with six prints and two Mylars.

Final approval of the street improvement plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.

Approval in all cases is granted for a two-year period from the date of such approval, and if a development is not completed in its entirety in that time, the applicant must again petition the Board for action on the undeveloped portion.

The Board may grant extensions of this two-year deadline if petitions for such extensions are received prior to the expiration of the two-year period. After expiration of the two-year period, the Board shall conduct a public hearing on the petition for action on the undeveloped portion and may make revisions to the approval to reflect current conditions.

Payment of taxes. Prior to endorsement of the street improvement plan, applicants shall provide the Planning Board with a current (within one month) municipal lien certificate demonstrating that all taxes have been paid in full on the property subject to the certificate of action.

Recording of certificate of action, plans and associated documents. The applicant is responsible for recording at his or her cost the approved street improvement plan, certificate of action, all easements, covenants, declaration of homeowners' associations and any other documents which require recording at the Registry of Deeds or Land Court. Following recording, the applicant shall provide proof of recording to the Planning Board.

Minimum street improvement conditions. If the Planning Board votes to approve a street improvement plan, the applicant will be required to comply with the following minimum conditions:

Prior to construction.

Prior to the endorsement of the plan, the applicant shall deposit with the Planning Board a sum of money to be determined by the Board, based on length of new roadway, for inspection of the street improvements during construction by the Planning Board's consulting engineer. Any unexpended funds will be returned to the applicant following completion of work.

The applicant shall schedule a preconstruction meeting with the Town Planner, the Planning Board's consulting engineer, the Town Engineer and the applicant's contractor that will be constructing the road improvements.

The applicant shall provide the Planning Board with 48 hours' notice of when construction is scheduled to commence.

The applicant is responsible for recording the signed street improvement plan and street improvement decision at the Plymouth County Registry of Deeds and/or Land Court (if applicable) and providing proof of said recording to the Planning Board.

The applicant shall stake out the location of the roadway widening and limit of work three days prior to construction and notify all abutters in writing and the Planning Board and the Board's consulting engineer of the construction start date.

(f)

All trees to be preserved shall be clearly identified with flagging tape.

(g)

The applicant shall obtain approval from the Department of Public Works for the water main connection prior to construction of the roadway.

(h)

Construction shall not be started after October 1 and prior to March 1 of any given calendar year.

During construction.

With the approval of the Town Planner and Planning Board consulting engineer, road and utility construction is allowed to shift within the right-of-way in order to preserve any existing mature trees located within the right-of-way (ROW). The roadway contractor should make an effort to avoid damaging the roots, trunks and limbs of trees, shrubs or other vegetation to be preserved within and adjacent to the ROW.

The contractor shall keep open, at a minimum, a single travel lane to allow for vehicular travel for area residents and emergency vehicles. The work zone shall be properly marked with signs approved by the Department of Public Works Engineering Division.

The applicant shall be responsible for controlling any erosion that may occur during construction with hay bales and/or silt fence. All exposed areas shall be stabilized with loam and seed or sod and maintained until they are stabilized.

Construction shall be completed in accordance with the approved final revised plan.

All construction traffic control signs and/or barriers must be clearly marked and easily removable. All signs and barricades must be reflective for clear visibility at night.

Completion of improvements.

If the applicant chooses to undertake all roadwork prior to the release of a lot(s), four copies of as-built drawings and two Mylars of the street improvement work shall be submitted for review and approval prior to the issuance of a positive street determination. Applicants that provide security for lots to be released shall provide four copies of as-built drawings and two Mylars of the street improvement work to be submitted for review and approval prior to the release of security.

After improvements are completed in accordance with approved plans and the Planning Board is so notified in writing, the Planning Board shall issue a positive street determination for the applicable portion of the street(s) and shall notify the Building Department and the applicant in writing of its decision.

All street improvements shall be completed within two years of the date of the Planning Board's vote to approve a street improvement plan.

§ 405-8 Definitive plan.

General. All plans shall be submitted in accordance with MGL c. 36, § 13A, as amended. A definitive plan of a subdivision may be submitted by the applicant for discussion, approval, conditional approval, or disapproval by the Board. An applicant shall demonstrate ownership of the fee interest on the land in question or else document that (s)he is acting as the duly authorized agent of said owner by means of a notarized letter so stating. Any person who submits a definitive plan of a subdivision for approval shall file with it the following:

Definitive subdivision plan submission requirements.

Definitive subdivision plan applicants shall submit to the Planning Board the following information in their application package:[1]

[Amended 12-13-2021]

Information Required	Number Required	Format
Definitive Subdivision Plan	3	24" x 36"
Definitive Subdivision Plan	7	11" x 17"
Completed Application Form C, Definitive Subdivision Plan	2	Standard form
Completed Definitive Subdivision Plan Form M, Submission Requirements Checklist	1	Standard form
Drainage Calculations	2	8.5" x 11" bound

	If the property is located in the Water Resource Protection District, 1 extra set of prints 24" x 36" shall be submitted.
	If the property is located on a state road, Route 3A or Route 139, 1 extra set of prints 24" x 36" shall be submitted.
	If the property is located in an area within the sewer district, 1 extra set of prints 24" x 36" shall be submitted.
	If the property is located in the Water Resource Protection District, 1 additional copy of the drainage calculations shall be required.
	The applicant shall also submit an electronic version of the complete application submittal package, including plans in pdf format.

Town Clerk copy. Following the submission of the application package to the Planning Board, one complete application package must also be filed with the Town Clerk who will time and date stamp it and keep it for his or her records. This includes a copy of the drainage calculations. If the applicant would like a stamped application package for his or her records, an additional set should be provided to the Town Clerk.

Filing fees. The application package shall include the filing fee in the amount specified in the most recent fee schedule.[2]

Editor's Note: See Ch. 420, Fee Schedule.

Editor's Note: Forms C and M are available at the Planning Board office.

A separate check shall be provided for the cost of any consultants the Planning Board may retain to provide technical assistance in reviewing the subdivision plan. The amount of the consultant review fee is listed in the fee schedule based on the size of the development. Following action of the Planning Board on the subdivision application, any remaining funds in the consultant review fee account will be returned to the applicant, upon written request.

The definitive plan application fee and consultant review fee shall be submitted to the Planning Department in the form of a check made out to the Town of Marshfield.

Incomplete application packages will not be accepted by the Planning Department.

Special permits. Where a definitive subdivision plan also requires special permit approval in accordance with the Marshfield Zoning Bylaw, both applications shall be filed concurrently.

[Amended 7-24-2017]

Administrative expenses.

In addition, fees for the review and staff time required to process the definitive plan by the Planning Department, Board of Health, Fire Department, Police Department, Highway Division, Sewer Division, Water Division, and Building Department, or consultants used in lieu of departmental staff, shall be as provided in Chapter 420, Fee Schedule.

[Amended 7-24-2017]

The Board may reduce or waive the above administrative expenses if the applicant has previously filed a preliminary plan which has been approved.

Testing. The applicant shall pay expenses for subdivision inspection and/or testing to ensure the work conforms to the rules and regulations.

Review fees/special accounts. Every definitive plan shall be required to file the minimum review fee to establish an individual special account as provided in Chapter 420, Fee Schedule. The Board may credit the review fee/special account by the amount paid for a preliminary plan that has been approved.

[Amended 7-24-2017]

Any change deemed to be significant by the Planning Board, such as a new roadway location or connection, shall require a new submission and filing fees/review fees as required above. The Board may, at its discretion, waive filing fees where changes to plans are required through circumstances beyond the control or design responsibility of the applicant.

Where specific conditions arising from the land or the nature of the proposal necessitate the assistance of a planning, engineering, traffic, soils, or other consultant to assist the Board in analyzing a project to ensure compliance with all relevant laws, ordinances, bylaws and regulations, the Board may require that applicants pay a review fee consisting of the reasonable costs incurred by the Board for employment of outside consultants engaged by the Board to assist in the review of the application.

Any applicant may take an administrative appeal from the selection of the outside consultant to the Select Board, provided that such appeal is taken within 14 days of notification of the Board's appointment of the consultant. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a closely related field. The required time limit for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that the Select Board makes no decision within one month following the filing of the appeal, the selection made by the Board shall stand.

[Amended 10-18-2021 STM by Art. 32]

Contents.

The definitive plan shall be prepared by an engineer and land surveyor registered in Massachusetts and shall be clearly and legibly drawn in black India ink upon tracing cloth, or reproducible Mylar. All surveying shall conform to the requirements of the Land Court, Class A, as set forth in the manual of said Court, as updated from time to time. The plan shall be at scale of one inch equals 40 feet. Plans shall conform to MGL c. 36, § 13A, and shall be 24 inches wide and 36 inches long. If multiple sheets are required, they shall be numbered consecutively in the upper-right hand corner and they shall be accompanied by an index sheet showing the entire subdivision. The index sheet shall contain a key plan at one inch equals 100 feet, or as approved by the Board, indicating the location of each sheet. The land surveyor, in addition to providing the record plan Mylars, is to provide at least two copies of his grid plan (working drawings) showing the perimeter survey traverse and all other data normally found on such plans. The definitive plan shall contain the following:

The following notations are to be provided on the first page of all definitive subdivision plans:

	Subject to a covenant duly executed, dated the _____ day of ___________, 20 ____, running with the land, to be duly recorded by or for the owner of record.
	This plan is subject to all conditions of the Marshfield Planning Board Certificate of Action dated __________, filed with the Marshfield Town Clerk on ___________ and herewith recorded as a part of this plan.
	I hereby certify that there has been no appeal taken to this Planning Board action during the 20-day statutory appeal period.
	Date:
	Town Clerk, Town of Marshfield
	I certify that this survey was made on the ground in accordance with the standards of the Land Court Instructions of 1989 on or between __________ and __________.
	Date:
	(Signature of professional land surveyor)
	I certify that all design and construction as presented conforms to the Rules and Regulations of the Planning Board with no exceptions or conflicts except as listed below.

Separate plan-profile drawings of all proposed streets shall be submitted with the subdivision plan. They shall show and identify all existing and proposed utilities and construction items, including dimensions, pertinent to the road construction.

Names of all abutters as they appear in the most recent tax list and approximate intersecting boundary lines of abutting lands. All contiguous property owned by the applicant shall be included in the plan regardless of whether or not a substantial portion of the applicant's land remains undivided. Such remaining area shall be considered as a single lot, requiring approval as a resubdivision before further division of the remaining area occurs.

Lines of existing and proposed streets, ways, lots, easements, and public or common areas within the subdivision. Where a definitive plan is not preceded by a preliminary plan, reference shall be made to § 405-6C for street naming procedures. Definitive plans shall show the proposed siting of dwellings, grading, and numbering of each dwelling. Numbering shall be obtained from the office of the Town Engineer prior to definitive plan submission.

Sufficient data to determine the location, elevation, direction and length of every street and way line, lot line, and boundary line, and to establish these lines on the ground.

Location of all permanent monuments as defined in Article IV, Design Standards and Required Improvements, properly identified as to whether existing or proposed.

(f)

Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision.

(g)

Size and location of existing and proposed storm drains, water mains, utilities and their appurtenances, including hydrants, within and adjacent to the subdivision (refer to design standard herein). The applicant shall submit calculations for the determination of all waterway openings to justify culvert and drain sizes as hereinafter set forth. A registered professional engineer shall prepare such calculations.

(h)

Location of sources of private water supply, nearest public water supply source, and existing septic systems in accordance with the rules and regulations of the Board of Health.

(i)

Location of approved percolation test pits and deep observation pits, if any, in accordance with the rules and regulations of the Board of Health. Whether or not septic systems are proposed, general soil logs and groundwater profiles shall be shown based on on-site observation pits and/or wells and/or percolation test. Soil logs shall be sufficient in detail to show the depth of organic matter, subsoil thickness, and depth to bedrock (up to eight feet), as well as percent composition of soil and subsoil types. Locations of test pits shall be adequately distributed throughout the land area to the satisfaction of the Planning Board, providing at least one test hole per every two lots, and one per each 500 feet of proposed roadway. The Board may require additional soil boring, probings and test pits, additional soils tests, and submission of a foundation design report from a Massachusetts geotechnical engineer demonstrating that the existing soils will provide adequate support for pavements and utilities.

(j)

Locations of proposed sewage disposal facilities with the elevation of the bottom of the leaching bed or trenches shown.

(k)

Profile plans of proposed streets drawn as follows:

A horizontal scale of one inch equals 40 feet.

A vertical scale of one inch equals four feet.

Existing center line in the fine solid line.

Existing right side line in fine dotted line.

Existing left side line in dashed line.

Proposed center-line grades in heavy lines, all appropriately designated, showing grade elevations at every fifty-foot station, except on vertical curves where they shall be shown at every twenty-five-foot station and at PVC and PVT.

[7]

Proposed system of drainage, including catch basins, manholes, and proposed inverts, and pipe sizes.

[8]

All existing intersecting walks and driveways.

[9]

The elevation datum shall be mean sea level as determined from USGS bench marks. One bench mark for each 1,000 feet of roadway, with a minimum of three, must be established and preserved for construction purposes.

[10]

Rates of gradient shown by figures for roadways, drainage, and driveways.

[11]

Road profiles must have been obtained from field survey.

[12]

All road center lines must have been staked out on the ground and clearly marked with station numbers two weeks prior to public hearing.

(l)

Typical section of proposed streets shown on a profile plan in accordance with typical cross section as shown in appendix,[3] showing construction and all proposed and required utilities.

Editor's Note: See Appendix A included as an attachment to this chapter.

(m)

Profiles and cross sections of drainage easements where applicable.

(n)

Existing and proposed topography as follows: The contour intervals shall be one foot where slopes are less than 5% and two feet on slopes 5% or greater; distinguishable line densities shall be used to show the difference between one- and two-foot contours. The topographic maps shall meet National Map Accuracy Standards as defined by the United States Geological Survey (USGS) and shall have been derived wholly from on-ground instrument surveys. Elevations shall be based upon USGS National Geodetic Vertical Datum (NGVD) and permanent bench marks shall be identified that are outside the limits of work. A reasonable number of permanent bench marks, to be determined by the Planning Board through consultation with the Planning Board Engineer, shall be established on the site for convenient elevation reference during and after road construction. Existing contours are to be shown as dashed lines and proposed final contours as solid lines. Topographic plans shall extend beyond the limits of the site as far as may be necessary to provide information relative to the project, but in no case shall extend for less than 100 feet, and shall include but not be limited to all natural features such as stone walls, fences, buildings, historic structures, vistas, areas of unique vegetation, wells, septic systems, utilities, existing water bodies, natural waterways, swamps, wetlands (as defined under MGL c. 131, the Local Wetlands Bylaw and the Zoning Bylaw), marshlands, and floodplains (as shown on the Federal Insurance Rate Map as most recently amended) within and adjacent to the subdivision. The topographic plan is to be provided with the following certification:

	"I certify that the topographic information on this plan was derived wholly from an on-ground instrument survey and that the datum was obtained from USGS Bench Mark No. ________________________"
	Date:
	(Signature of professional land surveyor)

(o)

Landscaping and planting plan, showing treatment of all planting strips, roadway islands and medians, and disturbed slope areas by species, location, size and quantity.

(p)

Base flood elevation data shall be provided for subdivision proposals and other proposed development.

(q)

A sketch plan showing a feasible, prospective street layout for any adjacent unsubdivided land whether or not owned by the applicant unless such a plan has already been filed with the Board.

(r)

An erosion control and construction management plan showing the construction methods, scheduling (including any necessary or proposed phasing of work), winter stabilization measures, and location of necessary water pollution and erosion control methods.

(s)

Designation of temporary stump storage or spoils material area, in accordance with local and state regulations.

(t)

The completed Form M checklist of required items under the provisions of these regulations demonstrating the completeness of the submission for review.[4]

Editor's Note: Form M is available at the Planning Board office.

(u)

The proposed siting of dwellings, grading and numbering of each lot (as obtained from the Department of Public Works).

(v)

Location on the plan and draft language for easements for utilities, drainage or any necessary off-site uses, improvements or structures. In the case of any necessary off-site easements, such as for drainage, water mains, or other needs, copies of the fully executed easements must be provided to the Board prior to final plan endorsement.

(w)

Location on the plan and draft easement or conservation restriction language for any proposed open space. Final language shall be provided prior to final endorsement.

(x)

Sufficient data to determine the minimum lot areas and zoning dimensional compliance of lots within or affected by the subdivision.

In case a tract is subdivided into parcels larger than normal building lots, the Board may decline to approve the plan unless such parcels are arranged so as to allow the opening of proper future ways and logical and proper subdivision.

Public hearing. Before approval, modification and approval or disapproval of the definitive plan is given, a public hearing shall be held. Notice of the time and place of the hearing and of the subject matter sufficient for identification shall be given by the Board by advertisement in a newspaper of general circulation in the Town of Marshfield once a week for two successive weeks, the first publication being not less than 14 days before the day of the hearing. The applicant is responsible for preparing notices to abutters by certified mail, return receipt requested. The prepared notice shall then be verified by the Planning Board or its agent before being mailed by the applicant. Return receipts are to be addressed to the Planning Board for further verification. The notice shall be mailed to the abutters by certified mail not less than 10 days before the date of the hearing. A copy of said notice shall be mailed to all owners of land abutting the subdivision as appearing in the most recent tax list. Failure to do so will result in the continuation of the public hearing.

Review by Board of Health as to suitability of the land. The Board of Health shall report to the Board in writing, giving its approval or disapproval of the plan in accordance with the State Environmental Code, Title 5, copies of which are available from the Board of Health. In the event of disapproval, it shall make specific findings as to which, if any, of the lots shown on the plan cannot be used for building sites. Such conditions shall be noted on the plans, specifying the lots or land to which said condition applies. The Planning Board shall not approve any plan that is disapproved by the Board of Health. Every lot shall be approved with a connection with a municipal sewer or septic system acceptable to the Board of Health.

Performance guarantee. Before endorsement of a plan, the Board shall require provision for the construction of ways and installation of municipal services in accordance with the rules and regulations of the Board. Such construction and installation shall be secured by one, or in part one and in part the other, of the methods described in the following Subsection E(1) and (2), which method may be selected and from time to time varied by the applicant.

Approval by bond or money or negotiable securities. The applicant may file a bond or a deposit of money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements as shown on the definitive plan and as specified in the rules and regulations. Detailed cost estimates for all improvements shall be submitted by the applicant's professional engineer to the Board for review. If said estimates are found by the Board and its engineer to be unsatisfactorily low, a revised estimate satisfactory to the Board will be required. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Board and by Town Counsel and, in addition, as to sureties, by the Town Accountant and shall be contingent on the completion of such improvements within one year of the date of the bond. At the discretion of the Board, time extensions may be granted for periods of one year, provided that such an extension may be conditioned upon an increase in the amount of such bond or security as determined by the Board. The penal sum of any such bond or the amount of any deposit held may, from time to time, be reduced by the Board and obligations of the parties thereto released in whole or in part.

[Amended 7-24-2017]

Approval by covenant. Instead of filing a bond or depositing money or negotiable securities, the applicant may provide covenant restrictions. Such covenant, executed and duly recorded by the owner of record, running with the land, shall provide that construction of ways and installation of municipal services shall be provided for the entire subdivision before any lot may be built upon or conveyed. For corporations registered in Massachusetts, covenant documents shall be executed by any two of the following officers, or by evidence of corporate vote: president, vice president, or treasurer. Such a covenant shall comply with the requirements of Chapter 377 of the Acts of 1958.[5] Any covenant given shall be either inscribed on the plan or contained in a separate document referred to on the plan. Before any lot is released from the covenant restrictions, the construction of subdivision improvements for the segment of the street providing frontage for said lots and for all roadway segments connecting said lots to the roadway system of the Town shall be complete, with respect to all utilities, curbing, drainage, roadway base course, and roadway pavement binder course.

Editor's Note: See MGL c. 41, § 81U.

Certificate of approval, modification, or disapproval.

The action of the Board in respect to such plan, as to approval, modification or disapproval thereof, shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by delivery or registered mail, postage prepaid, to the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its decision. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signatures of a majority of the Board, but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. The Town Clerk shall endorse on the plan or record separately and refer to on said plan the fact that no notice of appeal was received during the 20 days following the filing of the Board's action on the plan. Endorsement and recording of final plans must occur within six months of the filing of the decision with the Town Clerk or the Planning Board may vote to revoke its approval of the plan. Any definitive plan evolved from the submission of a preliminary plan which has received approval, with or without modifications, shall be governed by the rules and regulations relative to subdivision control in effect at the time of submission of the preliminary plan, provided that the definitive plan is duly submitted within seven months from the date on which the preliminary plan was submitted.

[Amended 7-24-2017]

Failure of the Board to take final action regarding a definitive plan within 90 days when the plan was preceded by a preliminary plan or within 135 days when not preceded by a preliminary plan, 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. After the definitive plan has been approved and endorsed, the applicant shall furnish the Board with four prints thereof.

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

Subdivision reinstatement. In the event that the subdivision approval has expired beyond the two-year period for completion, the applicant shall pay an administrative fee as provided in Chapter 420, Fee Schedule, and all costs associated with readvertising the public hearing.

[Amended 7-24-2017]

(7)

Subdivision modifications. Any proposed modification to conditions of approval or a major modification that triggers the need for a public hearing will require an administrative fee in the amount as provided in Chapter 420, Fee Schedule.

[Amended 7-24-2017]

Payment of taxes. Prior to endorsement of subdivision plans, applicants shall provide the Planning Board with a current (within one month) municipal lien certificate demonstrating that all taxes have been paid in full on the property subject to the certificate of action.

Recording of certificate of action, plans and associated documents. The applicant is responsible for recording at his or her cost all approved definitive subdivision plans, certificate of action, all easements, covenants, declaration of homeowners' associations and any other documents which require recording at the Registry of Deeds or Land Court. Following recording, the applicant shall provide proof of recording to the Planning Board.

Minor changes; plan revisions; incomplete submissions. Definitive plans submitted to the Planning Board for review under the Town Clerk's stamp may not be revised without the consent of the Board, and only as discussed in public session at the public hearing. Any such changes shall be prominently noted on the plan set cover sheet and on any individual sheets affected so as to make clear the plan of record on which the action of the Board is being requested.

Minor changes may be allowed by the vote of the Board at any time after the public hearing, again with the required notations on cover sheet and affected plan sheets. A minor change is defined by the Board as a change which has no discernible impact outside the subdivision, does not increase rates or volumes of stormwater runoff, does not increase the amount of cut or fill required, or does not involve regrading of more than two lots nor more than 200 linear feet of roadway within the subdivision. The Planning Board shall determine, in its opinion, if plan revisions are minor changes or constitute major changes requiring refiling and rehearing.

The Board reserves the right to disapprove incomplete submissions at any time if, in its opinion, review of the plan is hampered by the absence of required information. In the event of such disapproval, the plans shall be returned to the applicant as incomplete and a copy of the certificate of action filed with the Town Clerk noting the reason for the Board's action. The Board also reserves the right to retain any filing and review fees, or to reimburse any portion of such fees to the applicant, based on the extent to which the review has proceeded and to cover administrative costs of filing, notification, distribution, etc.

Prohibited activities. Site preparation, tree cutting, filling, grading and other work done in anticipation of the subdivision plan approval should not be performed prior to the submission and approval of a definitive plan. The Planning Board reserves the right to disapprove any such work, to order restoration of the site, and to assess fines as provided for in these regulations upon filing of a Form A, Preliminary or Definitive Plan Application.[6]

Editor's Note: Form A is available at the Planning Board office.

Certificate of performance. Upon completion of the construction of ways and installation of services in accordance with the rules and regulations of the Board, security for the performance of which was given by Subsection E(1) and/or (2), or upon the performance of any covenant with respect to any lot, the applicant shall submit as-built drawings of all utilities and drainage systems to the Board and a written statement in duplicate to the Town Clerk, stating that the necessary requirements have been met. Such statement shall contain the address of the applicant, and the Town Clerk shall furnish the Planning Board with one copy of the above statement with a notice provided by the applicant from the Register or Recorder that the plan is recorded in Book No., Page No., and date. If the Board is satisfied that all requirements have been met, 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 instruments, duly acknowledged, which may be recorded.

If it is determined that the necessary work has not been completed, the Board shall so notify the applicant in writing specifying the details. Failure of the Board to so notify the applicant within 45 days after the receipt by the Town Clerk will cause all obligations under the bond to cease and terminate by operation of the law. Any deposits shall be returned and any covenant shall become void.

If the forty-five day period expires without such specifications, or without release and return of the bond or return of the deposit or release of the covenant, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

The Board shall retain a portion of the performance guarantee to ensure acceptance of streets by the Town in accordance with § 405-17, Street acceptance.