A.
A definitive plan of a subdivision must be submitted to the Planning
Board, Board of Health and Water District for approval.
B.
A definitive plan shall be governed by the Subdivision Regulations
in effect at the time of submission of such plan or in effect at the
time of submission of a preliminary plan, provided that a definitive
plan evolved therefrom shall have been submitted to the Planning Board
within seven months from the date of submission of the preliminary
plan.
C.
A definitive plan shall also be governed by the zoning in effect
at the time of submission of such plan or a preliminary plan from
which a definitive plan evolved in accordance with the provisions
of MGL c. 40A, § 6, as amended.
A.
The applicant shall submit the original Mylar and nine prints of
the plan, and application Form C (see appendix[1]). If the subdivision is five lots or more or five acres
or more, the applicant shall also submit eight copies of a development
impact statement (DIS) (see appendix) to the Planning Board. The applicant
shall also submit the application for a sewer system extension or
connection permit, when connecting to the public sewer system is proposed,
as well as submit calculations for drainage to the Board. The Town
Planner shall distribute copies of the plans and the DIS to the: DPW
Superintendent, Conservation Commission, Building Commissioner, Electric
Light Department, Tree Warden, Fire Chief, Police Chief and Planning
Board. The applicant shall also submit one set of plans and a DIS
to the Board of Health and Water District.
[1]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
B.
At the time of submission, a fee, in accordance with the Fee Schedule
(see appendix[2]), shall be paid by the applicant to cover costs of handling,
reviews and public hearings. Any additional expenses for advertising,
plans, surveys or inspections in excess of this amount shall also
be paid by the applicant.
[2]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
C.
The applicant shall submit the definitive plan to the Planning Board
either by delivery or registered mail, postage prepaid, in care of
the Town Clerk.
D.
In either case, written notice (a copy of Form C) shall be filed,
by delivery or registered mail, postage prepaid, with the Town Clerk,
stating the date of submission for such approval. If the notice is
given by delivery, the Town Clerk shall, if requested, give a written
receipt therefor.
E.
Receipt by the Planning Board, or date of mailing of such notice,
plans and such documentation as may be required in these rules and
regulations shall constitute the effective date of submission.
F.
At the time of submission, the applicant shall have visibly staked
out and identified station points every 100 feet along the center
line of the proposed roadways that correspond to the stations set
forth on the definitive plan.
A.
The definitive plan shall be prepared by a registered civil engineer
and/or land surveyor and shall be clearly and legibly drawn in black
waterproof ink on tracing cloth or Mylar. The plan shall be at a scale
of one inch equals 40 feet, unless otherwise specified by the Planning
Board, and of a sheet size not to exceed 24 inches by 36 inches in
outside dimensions. If multiple sheets are used, they shall be accompanied
by an index sheet showing the entire subdivision, and all plans, layouts,
profiles, cross-sections and application shall be deemed to constitute
the definitive plan.
B.
The definitive plan shall contain the following information:
(1)
The subdivision name, boundaries, zoning district, true North arrow,
date, scale, legend and title "Definitive Plan."
(2)
The names and addresses of the owners of record, the applicant and
the registered civil engineer and/or land surveyor and official seal(s).
(3)
The names of all abutters as determined from the most recent tax
list, and book and page from the Registry of Deeds.
(4)
Existing and proposed lines of streets, rights-of-way, lots, easements
and any public or common areas within the subdivision. (Proposed names
of new streets shall be shown in pencil until they have been approved
by the Planning Board.)
(5)
Location, names and present widths of adjacent streets, approaching,
or within reasonable proximity of the subdivision.
(6)
The location, dimensions, bearings and purpose of all existing or
proposed easements, within and abutting the subdivision.
(7)
Location of natural waterways and water bodies within and adjacent
to the subdivision.
(8)
Boundary lines, dimensions and bearings of all proposed lots, with
lot areas in square feet, and all lots numbered numerically and in
sequence. (Proposed street addresses shall be shown in pencil until
they have been approved by the Planning Board.)
(9)
Significant site features such as existing stone walls, fences, buildings,
wetlands, floodplains, large trees and rock outcroppings.
(10)
Sufficient data to determine readily the location, direction,
width and length of every street and way line, lot line and boundary
line, and to establish these lines on the ground.
(11)
Location of all permanent monuments and benchmarks, properly
identified as to whether existing or proposed. Bounds are required
at all intersections of street lines, angle points and changes in
curvature of street lines.
(12)
Suitable space to record the action of the Planning Board and
the signatures of the members of the Board.
(13)
A locus plan of the subdivision at a scale of one inch equals
400 feet showing the exterior lines of proposed streets in the subdivision
and their exact location in relation to two or more existing streets,
and of such accuracy to register as close as possible with the one-inch-equals-four-hundred-feet
Town street map.
(14)
A sketch plan of the applicant's contiguous unsubdivided
land, showing possible or contemplated development and street layout.
(15)
Where a storm drainage line discharges into a brook, stream
or drainage area, a profile will be shown of the brook, stream or
drainage area to determine condition, and proposed method of stabilization.
(16)
A topographic plan of the entire subdivision at two-foot contour
intervals showing existing (solid line) and proposed (broken line)
topography with proposed spot elevations at the intersection of all
proposed lot lines and other pertinent points to show the proposed
finished grading of the subdivision. Indicate the volume of earth
to be removed from the site.
(17)
A street layout plan on a separate sheet, 36 inches by 24 inches,
for each street in the subdivision showing exterior lines, roadway
lines, partial lot lines, curblines, intersection angles, points of
tangency, and radii of curves. Also included on the street layout
plan shall be location, size, type of construction, elevations and
invert of all pipes and conduits of the:
(a)
Water supply system, including wells, pumps, valves, stubs,
gates, hydrants, and similar equipment;
(b)
Storm drainage system, including manholes, culverts, catch basins
and appurtenant structures;
(c)
Sanitary sewerage system, including manholes, pumps, septic
tanks and appurtenant equipment;
(d)
Electrical supply equipment, including poles, transformers,
primary and secondary cables, lighting fixtures and other electrical
equipment;
(e)
Other underground utility systems in the right-of-way, such
as gas, telephone and cable TV facilities.
(18)
A profile plan on the same sheet located directly below or above
and coordinated with the street layout plan indicating existing profiles
on the exterior lines (using lightweight lines) and proposed profile
on the center line (using heavyweight lines) of each proposed street,
at a maximum stationing of fifty-foot intervals, and at a horizontal
scale of one inch equals 40 feet and a vertical scale of one inch
equals four feet. All elevations shall refer to Town datum. Profiles
shall show existing and proposed street grades, rates of gradient
in percentages, ground elevations at center line of each fifty-foot
station, and intersecting streets and ways shall be clearly indicated.
The profile plan shall show vertical location of existing and proposed
storm drainage and sanitary sewer lines, slopes and quantities and
velocities of all storm and sanitary sewer lines, invert and rim elevations
of each manhole or catch basin and such structures to be properly
identified by number. (For identification purposes, if necessary,
water distribution system shall be in blue, sanitary sewer lines in
red, and storm drainage system in orange colors.)
(19)
A typical cross-section for the full width of the proposed street
shall be shown in accordance with the "Typical Cross-Section" illustrated
in the appendix,[1] showing foundation material, wearing surface, crown and
width of traveled way, curbing, grass strips, sidewalks, utility locations,
etc.
[1]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
(20)
Construction details for catch basins, manholes, endwalls, etc.
(21)
Proposed layout and design of any and all parks, pools, or similar
community improvements, including all water, drainage and electrical
layouts, if any, designed to service such community improvements.
(22)
Where private, individual on-site sewage disposal systems are proposed to serve lots in a subdivision, a feasibility report of the proposed sanitary sewage systems shall be required. See § 360-22A for further requirements and details.
(23)
Any other pertinent information the Planning Board may request.
A.
Design plan of proposed on-site sanitary sewage system.
(1)
Where sewage disposal is to be by individual on-site sewage disposal
systems, the definitive plan shall be accompanied by a design plan
of the proposed sanitary sewage systems pursuant to Title V of the
State Sanitary Code, approved and signed by the Board of Health.
(2)
The plan should take into consideration the following factors:
(a)
Results of percolation tests. Such tests shall be executed in
accordance with Regulation 14.2, Percolation Test Procedures, of Article
XI of the Massachusetts Sanitary Code and the regulations of the South
Hadley Board of Health (as amended).
(b)
A map showing locations of tests on each lot and other pertinent
data as deemed necessary.
(c)
Topographic and ground level conditions, natural drainage patterns
and flood heights of nearby waterways.
(d)
From subsurface investigation and analysis, a determination
of underlying soil characteristics, absorption qualities, maximum
groundwater elevations and distance to bedrock.
(e)
Location and dimensions of each proposed on-site sewage disposal
system, together with computations used in determining sewage leaching
fields.
(f)
An evaluation of the suitability of the proposed disposal system(s)
to function properly in the given lots, and any modifications to the
proposed system(s) or precautions that may be necessary.
B.
Sewer extension permits.
(1)
Under the provisions of MGL c. 21, § 43, an application
(Form WPC-P-1) must be submitted by the Town to the Massachusetts
Water Resources Commission, Division of Water Pollution Control, for
a permit to allow construction of any sewer extensions of a public
sewerage system, including construction plans for pumping stations,
forced mains, siphons and other appurtenances (see appendix[1]).
[1]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
(2)
It shall be the responsibility of the applicant to furnish the Planning
Board and Town Engineer, at time of submission of the definitive plan,
preferably with the preliminary plan, or plan for more than one building
for dwelling purposes per lot, with the necessary data, specifications
and construction plans of the proposed sewer extension project, as
required on Form WPC-P-1, and said application form shall be subsequently
completed and signed by the Selectmen for submittal to the Division
of Water Pollution Control.
C.
Wetlands Protection Act.
(1)
In accordance with MGL c. 131, § 40, no person shall remove,
fill, dredge or alter any bank, beach, dune, flat, marsh, meadow or
swamp bordering on any existing creek, river, stream, pond, lake or
any land under said waters or subject to flooding without filing written
notice of intention to perform said work with the local Conservation
Commission and State Department of Environmental Protection.
(2)
In order to determine if certain proposed subdivisions, or parts
thereof, are subject to the provisions of the Wetlands Protection
Act, the Planning Board will, where it deems necessary, submit a copy
of the definitive plan or plan for more than one building for dwelling
purposes per lot to the Conservation Commission.
(3)
The Conservation Commission shall, to the extent practicable, file
a report with the Planning Board not later than 45 days after receipt
of the plan stating that the proposed plan: 1) is not subject to the
provisions of the Wetlands Protection Act, or 2) the Wetlands Protection
Act applies to certain designated areas. In the event the Conservation
Commission indicates that the plan shall be governed by said Act,
the Planning Board shall include in its decision for approval a condition
that the applicant shall obtain approval from the Conservation Commission
prior to any construction activity in the affected areas.
A.
Review by Board of Health as to suitability of the land.
(1)
At the time of filing of the definitive plan, the applicant shall
also file with the Board of Health one print of the definitive plan,
together with other necessary documentation and reports. The Board
of Health shall report to the Planning Board, in writing, its approval
or disapproval of said plan. If the Board of Health disapproves said
plan, it shall make specific findings as to which, if any, of the
lots shown on such plan cannot be used for building sites without
injury to the public health, and include such specific findings and
the reasons therefor in such report, and, where possible, shall make
recommendations for the adjustment thereof. Any approval of the plan
by the Planning Board shall only be given on condition that the designated
lots or land shall not be built upon or served with any utilities
such as septic tanks, cesspools, and drainage without prior consent
of the Board of Health. The Planning Board shall endorse on the plan
such conditions as set forth by the Board of Health and the lots and
land affected by such conditions.
(2)
If a proposed subdivision is to be served by a municipal sewerage
system, the Board of Health shall have 45 days after the plan is filed
with its office to make a report, and failure to report shall be deemed
approval by the Board of Health.
(3)
All subdivisions shall connect to the Town sanitary sewerage system
where feasible and where this system is available, and every lot not
served by the Town sanitary sewerage system shall have an adequate
and approved sewage disposal system, satisfactory to the Board of
Health, in accordance with Article XI of the State Sanitary Code.
(4)
All subdivisions shall connect to a public or quasi-public water
supply system where such a system is available and where feasible,
and every lot not served by a public system shall have an adequate
supply of potable water approved by the Board of Health. A laboratory
test of the water quality shall be required and submitted to the Board
of Health.
B.
Public hearing.
(1)
Before approval, modification and approval, or disapproval of a definitive
plan is given, a public hearing shall be held by the Planning Board.
Notice of the time and place of the hearing, and of the subject matter,
sufficient for identification, shall be given by the Planning Board
at the expense of the applicant by advertisement in a newspaper of
general circulation in the Town of South Hadley once in each of two
successive weeks, the first publication being not less than 14 days
before the day of such hearing. A copy of said notice shall be mailed
to the applicant and to all owners of land abutting upon the subdivision
as appearing on the most recent tax list; provided, however, that
when the Planning Board is also the special permit granting authority
for a special permit applicable to the plan, the Planning Board may
hold the definitive plan public hearing together with the public hearing
required by MGL c. 40A, § 9 and allow for the publication
of a single advertisement giving notice of the consolidated hearing.
(2)
The applicant or his representative should be present at the hearing.
C.
Approval, modification or disapproval.
(1)
Prior to action by the Planning Board on the definitive plan, a joint
meeting shall be held with the developer, Planning Board, the DPW
Superintendent, Conservation Commission, Building Commissioner, Water
Department, Electric Light Department, Fire Chief, Tree Warden, and
Board of Health to conduct a complete review of the proposed improvements.
(2)
After the required hearing, but within 90 days, if a preliminary
subdivision plan was filed, or 135 days, if no preliminary subdivision
plan was filed, from the date of submission, the Planning Board shall
approve, modify and approve, or disapprove the definitive plan. The
action of the Planning Board in respect to such plan shall be by vote,
copies of which shall be certified and filed with the Town Clerk and
sent by registered mail to the applicant.
(3)
If the Planning Board modifies or disapproves such plan, it shall
state with its vote the reasons for its actions.
(4)
Final approval, if granted, shall be endorsed on the original drawing
of the definitive plan by the signatures of a majority of the Planning
Board, but not until the statutory twenty-day appeal period has elapsed
following the filing of the certificate of the action of the Planning
Board with the Town Clerk, and said Clerk has notified the Planning
Board that no appeal has been filed, or if an appeal has been taken,
that a final decree has been entered by the court sustaining the approval
of the plan.
D.
Endorsement.
(1)
An approved plan shall not be endorsed until after the mandatory
twenty-day appeal period has elapsed, and not until the applicant
has:
(a)
Posted the necessary performance guarantee;
(b)
Made the necessary corrections on the plan, if conditional approval
was given, to the satisfaction of the Planning Board;
(c)
Delivered two originals (one for recording and one for the Board's
file) and two prints of the definitive plan if no corrections to the
same were necessary. Note: If corrections were required, 10 prints
shall be delivered;
(d)
Paid the necessary street inspection fee to the Town Treasurer;
(e)
Caused to be executed in a form acceptable to the Town Counsel
all deeds of easements as shown on the plan and submission of such
deeds and documents to the Planning Board; and
(f)
Paid the special municipal account review fee if required by
the Board.
(2)
Failure of the applicant to meet the above requirements shall be
full and sufficient reason to withhold endorsement. If the applicant
fails to submit the required performance guarantees, easements and
other documentations and the endorsement of the plan by the Planning
Board is delayed more than six months, the Planning Board, on its
own motion, shall exercise its power to modify, amend, or rescind
its approval of the subdivision plan or to require a change in the
plan as a condition of said plan retaining the status of an approved
plan.
E.
Performance guarantee. Before endorsement of the Planning Board's approval of the definitive plan or approval of a special permit for condominium/cluster development, the applicant shall agree to complete the required improvements as specified in Articles VII and VIII of these regulations for all lots in the subdivision, and such construction and installation shall be secured by one, or in part by one and in part by the other, of the following two methods, (1) and (2), which may be varied from time to time:
(1)
Approval with bond or surety. The applicant shall either file a performance
bond with surety, or file a bond without surety but with other negotiable
securities approved by the Town Counsel, or a deposit of money in
an amount determined by the Planning Board to be sufficient to cover
the cost of all or any part of the required improvements, plus a contingency
factor. Such bond shall be approved as to form and manner of execution
as shown on the bond agreement, and such money, if deposited, shall
be deposited in a local bank in the joint names of the applicant and
the Town of South Hadley, and said deposit book shall remain in the
trust of the Town Treasurer (see Appendix, Form D[1]).
[1]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
(2)
Approval with covenant.
(a)
Instead of filing a bond or depositing money, the applicant
may fulfill the performance guarantee requirements by filing a covenant
(see Appendix, Form E[2]) executed and duly recorded by the owner of record, running
with the land, that no lot in the subdivision shall be sold and no
building erected thereon until the required improvements, in accordance
with these rules and regulations, are constructed and installed so
as to adequately serve the lots, and approved to the satisfaction
of the Planning Board as provided hereafter.
[2]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
(b)
Such covenant shall be inscribed on the definitive plan or on
a separate document referred to on the plan, and recorded in the Hampshire
County Registry of Deeds or Land Court.
(c)
When improvements have been completed to the satisfaction of
the Planning Board, the Board will then authorize in writing, on the
appropriate form, a release of conditions for recording in the Registry
of Deeds, and the conditions relating to such lots shall terminate.
F.
Completion time schedule.
(1)
Release of the performance guarantee, whether by bond, deposit of
money or covenant, as previously described herein, shall be contingent
upon the completion of such improvements as required in these rules
and regulations within one year of the date of such bond, deposit
of money, or covenant.
(2)
Upon written request from the applicant, the Planning Board may,
at its discretion, grant an extension of time, and such agreement
shall be executed and affixed to the bond or covenant.
(3)
In the case of a surety company bond, such an agreement shall not
be effective until the surety delivers to the Board a written statement
that the surety agrees to the proposed alteration of the completion
schedule and that such alteration shall not relieve or affect the
liability of the surety company.
(4)
In the case of a covenant, the Board may grant final approval of
the definitive plan conditional upon the completion of the construction
of all ways and installation of utilities within a specified time
period from the date of said covenant. Failure to complete such improvements
shall automatically rescind approval of the plan.
G.
Increase of performance guarantee.
(1)
If the specified subdivision improvements in accordance with Articles VII and VIII of these regulations are not completed within one year of the date of bond, deposit of money, or covenant, the Planning Board may require an estimate of the costs of the remaining work, change the amount of the performance guarantee proportionately, and establish a new date for the completion of said required improvements.
(2)
Failure of the developer to complete the improvements within said
one-year period, or any extension thereof, shall not relieve the developer
from his obligation to pay for increased costs for completing the
improvements in excess of his performance guarantee.
H.
Recording of plan.
(1)
Within six months from the date of the Planning Board's endorsement
of the definitive plan, the applicant shall cause said plan to be
recorded in the Hampshire County Registry of Deeds or the Land Court.
If the applicant delays recording of such plan beyond the six-month
period, such plan shall not be accepted for recording by the Registry
of Deeds or Land Court unless and until it has endorsed thereon or
recorded herewith and referred thereon a certificate of the Planning
Board, or Town Clerk, dated within 30 days of such recording, that
the approval has not been modified, amended, or rescinded, nor the
plan changed. Such certificate shall, upon application, be made by
the Planning Board or Town Clerk unless the records of the Planning
Board or Town Clerk receiving the application show that there has
been such modification, amendment, rescission, or change.
(2)
Within 10 days after the definitive plan, as approved and endorsed,
has been recorded at the Hampshire County Registry of Deeds and, in
case of registered land, with the Recorder of the Land Court, the
applicant shall notify the Board in writing of the date of such recording.
(3)
At the time of such recording, all public easements and covenants
shall be duly documented and originals thereof transmitted to the
Planning Board for filing with the Town Clerk.
(4)
Following receipt of notification of recording, the Planning Board
shall file one print with the Building Commissioner. In accordance
with the Subdivision Control Law, the Building Commissioner, if approval
with covenant is noted on or affixed to the plan, shall not issue
any permit for the construction of a building on any lot within the
subdivision without receipt from the Planning Board of a copy of Form
F or certified statement releasing the lot(s) in question.
A.
Partial release. The subdivider may, upon partial completion and installation of required improvements in a subdivision as specified in Articles VII and VIII of these rules and regulations, the security for the performance of which was given by bond, deposit of money, or covenant, make formal application to the Planning Board for partial release of his performance guarantee, provided that the main-line sewer be televised prior to occupancy permit sign-off, if occupancy is requested prior to subdivision completion, and in accordance with the procedures set forth herein:
(1)
Bond or surety. The penal sum of any such bond, or the amount of
any deposit held may, from time to time, be reduced by the Planning
Board, upon formal application in the manner prescribed herein, and
the obligations of the parties thereto released by said Board in whole
or in part.
(2)
Covenant.
(a)
The subdivider may request a release of conditions (see Appendix,
Form F[1]) for designated lots where the required improvements have
been completed for said lots to 1/4 of the total lots in the subdivision
or a minimum of 10, whichever is larger; or 1/2 of the total number
of lots.
[1]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
(b)
A new plan of the portion to be subject to the covenant may
be required.
B.
Procedures for full or partial release. Upon the completion of construction and installation of required improvements in a subdivision, the security for which was given by bond, deposit of money, or covenant, the subdivider may request a release of conditions of the performance guarantee by: 1) sending by registered mail or by delivery to the Planning Board and Town Clerk a written statement that he has completed the construction and installation of ways and utilities covered by said performance guarantee in accordance with Articles VII and VIII of these rules and regulations, 2) attaching to the written statement a certificate of performance (see Appendix, Form G[2]) prepared by a registered civil engineer and/or land surveyor, at the applicant's expense, stating that the necessary streets, sewers, storm drains, water lines, together with their appurtenances and all other necessary requirements, have been constructed and installed as specified in these rules and regulations and in accordance with the approved plans. Requests for final release of conditions shall be accompanied by an "as-built plan," as required in Article VIII.
[2]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
C.
Approval of release.
(1)
Before the Planning Board will release the interest of the Town in
a performance guarantee, the Planning Board shall:
(a)
Obtain in writing from the DPW Superintendent a certificate
or statement that the roadway and all underground utilities in the
subdivision shall have passed one winter season, and that all work
required by these rules and regulations under the jurisdiction of
the Town has been inspected by him and completed in each street or
streets in the subdivision serving the lots in question, including
streets, storm drainage, bridges, sewers, shoulders, sidewalks, curbs,
etc., and that the method of construction and materials used in the
performance of such work meet with his approval.
(b)
Obtain in writing a certificate from the appropriate Board of
Water Commissioners certifying that the water supply system was installed
in accordance with its rules and regulations.
(c)
Obtain in writing a certificate from the South Hadley Electric
Light Department that the electrical supply system was installed in
accordance with its rules and regulations.
(2)
If the Planning Board determines that said construction or installation
has been completed satisfactorily, it shall release the interest of
the Town in such performance guarantee and return the bond or deposit
to the person who furnished the same, or release the covenant by appropriate
instrument, duly acknowledged, which may be recorded. If the Planning
Board determines after inspection that said construction or installation
has not been completed or wherein said construction or installation
fails to comply with these rules and regulations, the Planning Board
shall send by registered mail to the applicant and to the Town Clerk
the details wherein said construction or installation fails to comply
with its rules.
(3)
Upon failure of the Planning Board to act on such an application
for release of conditions within 45 days after the receipt of the
application by the Town Clerk, all obligations under the bond shall
cease and terminate by operation of law, and any deposit shall be
returned and any such covenant shall become void.
(4)
Any such bond may be enforced and any such deposit may be applied
by the Planning Board for the benefit of the Town of South Hadley,
as provided in MGL c. 41, § 81Y, upon failure of the performance
for which any such bond or deposit was given to the extent of the
reasonable cost to the Town of completing such construction and installation.
A.
After approval of any definitive plan, the location and width of
ways shown thereon, or any street or way subject to the Subdivision
Control Law, shall not be changed unless the plan is amended in accordance
with the provisions set forth in MGL c. 41, § 81W and approved
by the Planning Board.
B.
In the event the applicant desires to alter or change the grade of
a street, or the size, location or layout of a storm or sanitary line
or appurtenant structure, he shall.
C.
No change, alteration or deviation shall be permitted unless such
change, alteration or deviation has been approved by the Planning
Board.
D.
After approval of an alteration or modification, the applicant shall
cause such approved changes to be corrected on the original drawings
of the definitive plan.
E.
Deviations from material and construction specifications shall not
be allowed except as specifically authorized by the DPW Superintendent
or appropriate agency having jurisdiction over a particular utility
system.
A.
Final approval of the definitive plan does not constitute the laying
out or acceptance by the Town of any street or other public improvement
shown on the plan.
B.
Procedures for the laying out and acceptance of Town streets and
ways are under the administration of the Board of Selectmen in accordance
with MGL c. 82, §§ 22 to 24, and such procedural steps
as enumerated in the statute, including approval at Town Meeting,
are mandatory for a valid acceptance of a street.
