Conditions
of approval shall be noted on the plan prior to endorsement. Prior
to endorsement of the definitive plan, the plan shall be revised to
reflect all conditions of approval and the Planning Board's consulting
engineer shall confirm that the revisions are complete and accurate
and in accordance with this decision.
Failure
to obtain endorsement. The applicant shall obtain the endorsement
of the Planning Board upon the approved definitive plan within 120
days of the date of approval. Failure to obtain such endorsement shall
result in the automatic rescission of the approval of such plan. Endorsement
shall not be provided until proper surety has been provided as required
under MGL c. 41, § 81U, and until the approved plan has
been properly revised to set forth on required revisions and notes
as to each condition of approval.
Failure
to complete construction. The applicant shall begin and complete the
construction of all ways and municipal services within three years
of the date of endorsement of the definitive plan. Failure to so complete
shall result in the automatic rescission of the approval of such plan,
unless the Planning Board extends said period, for good cause shown,
upon the written request of the applicant prior to the expiration
of said period and after holding a public hearing with notice to modify
the subdivision approval to extend the time period.
Construct
streets and all required utilities. As a condition of approval of
a subdivision, the applicant shall construct the streets and complete
all other work specified on the approved definitive plan and required
under the Regulations and satisfy all relevant provisions of the Zoning
Bylaw and other bylaws, including installation of required utilities
and all work incidental thereto, such as grading of lots to provide
drainage, construction of retaining walls and other details, as outlined
in Article 7 of the Regulations or as specifically required by the
Planning Board. The Planning Board may require that such construction
be completed within a specified period of time.
Grant
perpetual rights and easements. As a condition of approval of a subdivision,
the applicant shall reserve a right and easement to construct, repair,
replace, extend, operate, use and forever maintain all streets, water
mains, sewer mains, and all surface and subsurface stormwater drains
in, through or under the streets and easements as indicated on the
definitive plan and to use the roadways shown on the plan as public
ways so that these rights and easements may be conveyed to the Town
of Norwell in the event that the roadways are offered and accepted
as public ways by the Town. The applicant may convey this right and
interest to a homeowners' association. This provision shall not relieve
the applicant from the responsibility to complete all construction
as required by the applicant's agreements with the Town.
Right
of entry of Town officials. As a condition of approval of a subdivision,
and in accordance with MGL c. 41, §§ 81B and 81CC,
the applicant shall allow the Planning Board and its officers and
agents to enter upon any lands and make examinations and surveys and
place and maintain monuments and marks as the Planning Board deems
necessary to carry out its duties under the Subdivision Control Law.[1]
Certification
of completion of subdivision in accordance with the approved and endorsed
plan. As a condition of subdivision approval by the Planning Board,
an applicant shall, prior to final surety release, provide a certification
to the Planning Board from a registered professional engineer that
the subdivision has been completed in accordance with the approved
and endorsed plan and the conditions of approval and certify that
the layout, design and construction work in the subdivision are satisfactory
and conform to the Town's specifications and the requirements of the
Regulations. In addition, a separate and express certification shall
be provided that the final grades have been constructed at the subdivision
in accordance with the approved and endorsed plan. The certification
shall be signed and stamped by the registered professional engineer.
Drainage basins. Interim as-built plans shall be prepared by
the applicant and provided to the Planning Board, for any and all
drainage basins approved for a project, and then approved by the Planning
Board before any building permits for new structures or buildings
are issued for any lot in the subdivision. Interim as-built plans
for a drainage basin, to be approved, shall confirm that the drainage
basin is properly constructed, is located in the approved location
and is properly sized, as required, so that the required storage capacity
is available and no upland necessary for adjacent lots has been used.
The location of a drainage basin shall be confirmed by at least two
bounds and shall be tied to at least two bounds for the adjacent subdivision
way and shall be tied to at least two Massachusetts grid coordinates.
The as-built plans shall be signed and stamped by a registered professional
engineer.
Roadways. Interim as-built plans shall be prepared by the applicant
and provided to the Planning Board, for the roadway system approved
for a project, and then approved by the Planning Board before any
building permits for new structures or buildings are issued for any
lot in the subdivision. The interim as-built plans, to be approved,
shall confirm that the roadway is properly constructed, located in
the approved location and that no upland necessary for adjacent lots
has been used to construct the roadway. The location of the roadway
shall be confirmed by at least two bounds that shall be tied to the
nearest Town way and shall be tied to at least two Massachusetts grid
coordinates. The as-built plans shall be signed and stamped by a registered
professional engineer.
Final
as-built plans. Final as-built plans shall be provided by the applicant
and at the applicant's expense prior to final release of subdivision
surety to confirm that the subdivision has been completed in accordance
with the requirements of the endorsed definitive plan and the Regulations.
The final as-built plans shall be prepared by a registered professional
engineer and include the following:
A plan showing street line with the bearings and distances on
linen or another suitable permanent reproducible material at a scale
of one inch equals 40 feet.
A plan to show pavement locations; house locations; lot lines;
driveway locations; all utilities above ground such as water gates,
gas gates, utility poles, manholes with rim elevations and inverts,
catch basin rims and inverts, and top of head wall with pipe size
and invert; all utility easements; ties from house foundations to
water services; and final site grading including all drainage structures
and lot grading to demonstrate conformance to the approved drainage
design, with a certification as to final grading that is signed and
stamped by a registered professional engineer.
Homeowners'
association/maintenance of private streets and utilities. As a condition
of approval of a subdivision, prior to endorsement of the definitive
plan the applicant shall create and properly fund a homeowners' association
and all purchasers of land within the subdivision shall be required
to belong to the homeowners' association. The homeowners' association
shall be responsible for the maintenance, repairs and plowing of the
subdivision roadway(s) unless and until the Town accepts the roadway(s)
as a public way(s). The homeowners' association shall maintain permanent
ownership of any drainage basins or ponds in the subdivision, including
all pipes and other appurtenant devices, and shall have the permanent
responsibility of maintaining, repairing and replacing said drainage
systems, as necessary. The homeowners' association documents shall
be reviewed and approved by the Planning Board, in consultation with
Town Counsel, and the homeowners' association shall have an initial
fund that is deemed satisfactory to the Planning Board, in consultation
with the Planning Board's technical consultant. The homeowners' association
shall send correspondence to all members of the association twice
a year, once during March and once during September, to advise each
member of the association's duties and responsibilities to maintain,
repair and plow the roadways and maintain, repair and replace the
drainage systems. At the same time, the homeowners' association shall
provide a written reminder to each individual member to maintain any
portion of the systems on each member's property, including the mowing
and clearing of drainage swales and berms. The homeowners' association
shall also notify the members that, if public acceptance of the subdivision
roadway(s) is sought, then the Town may assess betterments for any
work needed to make such streets conform to Town standards prior to
acceptance.
Pre-construction
preparations. Prior to the pre-construction meeting, the applicant
shall provide the Planning Board with a copy of the subdivision plan
on disc in DXF format or other digital format acceptable to the Planning
Board and also two legibly printed eleven-inch by seventeen-inch sets
of the subdivision plan.
Recording
of certificate of vote. The certificate of vote shall be recorded
with and referenced to the subdivision plan immediately following
endorsement and the applicant shall provide evidence of the recording
to the Planning Board not later than 120 days following endorsement.