Town of Norwell, MA Mandatory Conditions of Subdivision Approval

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]

[1]

Editor's Note: Amendment pending.

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.

As-built plans.

(1)

Interim as-built plans.

(a)

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.

(b)

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.

(2)

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)

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.

(b)

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.

(c)

Names of abutters.

(d)

A plan section showing profile of center line elevations every 50 feet.

(e)

Deed descriptions.

(f)

A plan showing concrete bounds on all points of curvature and points of tangency.

(g)

Ten sets of as-built prints.

(h)

Provide the final as-builts with Massachusetts grid datum shown in a digital format acceptable to the Planning Board.

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.

Modification of roadway layout. Any modification of the roadway layout approved hereunder shall be subject to the requirements of MGL c. 41, § 81W.

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.