Town of Templeton, MA Submissions and Actions

A preliminary plan of a subdivision may be submitted by the subdivider to the Planning Board and through the Planning Board to the Board of Health for discussion and approval, modification or disapproval by the Board of Health. Notice of submission shall be provided to the Town Clerk in accordance with MGL c. 41, § 81S. The submission of such a preliminary plan shall be made on Form B, Application for Approval of a Preliminary Plan,[1] and will enable the subdivider, the Planning Board, the Board of Health, other municipal agencies, and owners of property abutting the subdivision to discuss and clarify any aspects of or problems with such subdivision before a definitive plan is prepared. For this reason, the Planning Board strongly encourages the submission of such preliminary plans in every case. Nonresidential subdivisions shall submit a preliminary plan. Seventeen copies of the preliminary plan shall be submitted to the Planning Board at a regularly scheduled meeting, together with the fee set forth in Appendix A, Planning Board Fee Schedule. Copies of the plan may be examined by the public during regular business hours of the Town Hall.

[1]

Editor's Note: Form B is available in the Town offices or on the Town website.

When the application is deemed complete and properly submitted by the Planning Board or its agent, it shall notify the Town Clerk in writing of the final submittal date. The final submittal date shall be the date that the completed and properly submitted application is received by the Planning Board. For applications that have been deemed incomplete, the applicant must agree in writing to any new submittal date in order for any additional information or material to be considered part of the original application.

Contents.

The preliminary plan may be drawn on tracing paper with pencil, preferably at a scale of one inch equals 40 feet, or other suitable scale acceptable to the Planning Board, shall be clearly designated as "preliminary plan," and shall show:

Subdivision name, boundaries, North point, date, and scale;

Name and address of record owner, applicant, and designer, engineer, and surveyor;

Names of all abutters as determined from the most recent Town tax list;

Existing and proposed lines of streets, ways, easements, and public areas within the subdivision;

Location, direction, names, and present widths of streets and public or private ways bounding, approaching, or within reasonable proximity of the subdivision;

(f)

Location, names, and present widths of streets bounding, approaching, or near the subdivision;

(g)

Topography of the land in a general manner, including contours at a scale required by the Planning Board;

(h)

Proposed system of drainage, including existing natural waterways, in a general manner, but including drainage both within and adjacent to the subdivision;

(i)

Approximate boundary lines of proposed lots, with approximate areas and dimensions;

(j)

Estimates of the grades of proposed streets or profiles, where required by the Planning Board;

(k)

Major site features such as existing stone walls, fences, buildings, large trees and wooded areas, rock ridges and outcroppings, wetlands within 100 feet of the subdivision, perennial streams within 200 feet of the subdivision, and other water bodies;

(l)

Identification of any land area lying within 500 feet of any property valued under the provisions of MGL c. 61A, as amended.

The preliminary plan shall be accompanied by a statement of existing zoning, any easements, covenants, and restrictions applying to the area proposed to be subdivided, and a list of any waivers from these regulations requested by the applicant.

During discussion of the requirements set forth in Subsection B, the complete information required for the definitive plan (§ 310-11B) and the financial obligations of the applicant (§ 310-13) will be developed.

Site visit. After the regular Planning Board meeting at which preliminary plan is first discussed, or a definitive plan is submitted without a prior preliminary plan, the Planning Board and/or its agent may schedule a site visit to the proposed subdivision, accompanied by the applicant and his agents or representatives. In order to facilitate inspection and review of the site of the proposed subdivision, temporary staking will be required along the center line of all proposed roads in the subdivision before said site visit, or if impractical, the Planning Board may permit a suitable alternative procedure.

Decision. The Planning Board shall, in conformance with MGL c. 41, § 81S, approve such preliminary plan with or without modifications, or disapprove such preliminary plan with reasons therefor.

Approval of a preliminary plan, with or without modifications, does not constitute approval of a subdivision. Such approval normally facilitates the final approval of a subdivision through submittal of a definitive plan.

The Planning Board shall notify the Town Clerk in writing of its decision on a preliminary plan in accordance with MGL c. 41, § 81S, as amended.

The submission of a preliminary plan for examination by the Planning Board shall not be deemed the submission of a definitive plan of a subdivision of land for approval by the Planning Board under MGL c. 41, § 81L, and the action or decision of the Planning Board as to such preliminary plan shall not prejudice its action or decision as to the definitive plan.

§ 310-11 Definitive plans.

Submission.

A definitive plan of a subdivision may be submitted by the subdivider to the Planning Board for review and approval, modification or disapproval by the Planning Board. Notice of submission shall be provided to the Town Clerk in accordance with MGL c. 41, § 81T. The submission of such a definitive plan shall be made on Form C, Application for Approval of a definitive plan.[1] Any person submitting a definitive plan of a subdivision of land to the Planning Board for approval shall file therewith the following:

Seventeen prints of the definitive plan, dark line on white background. Prints will be referred to other Town boards and departments for review;

Accompanying statements as required in Subsections C and D, below;

One properly executed application form and any other required forms on file with the Planning Board (see Appendix);

The fee set forth in Appendix A, Planning Board Fee Schedule;[2]

[2]

Editor's Note: Appendix A is available in the Town offices or on the Town website.

A certified list of abutters signed by the Board of Assessors with business-sized envelopes, stamped and addressed to each abutter.

[1]

Editor's Note: Form C is available in the Town offices or on the Town website.

The applicant shall file by delivery or by registered mail written notice with the Town Clerk stating that a definitive plan has been submitted in accordance with MGL c. 41, § 81T, as amended, with the date of submission of the definitive plan, accompanied by a copy of the application form.

The applicant shall file one copy of the definitive plan and one copy of the application form with the Board of Health.

Contents.

The definitive plan shall be prepared by a registered professional engineer and/or land surveyor, and shall be clearly and legibly drawn in black India ink upon tracing cloth or Mylar, and shall be 24 inches by 36 inches in overall dimensions, with a one-inch margin left on one twenty-four-inch edge of each sheet for filing purposes. The prints shall be at a scale of not less than one inch equals 40 feet, or such other scale as the Planning Board may prescribe as adequate to show details clearly. Profiles of proposed streets shall be drawn to the same horizontal scale as the plan, and with vertical scale 10 times larger unless otherwise permitted by the Planning Board, on separate tracing cloth or Mylar of the same dimensions as the plan sheets. If multiple sheets are used to show the subdivision, they shall be accompanied by an index sheet showing the entire subdivision.

The definitive plan shall show the following information:

Subdivision name, boundaries, North point, date, and scale;

A locus map at a scale of one inch equals 1,000 feet showing the proposed streets in relation to existing streets in the immediate vicinity;

Name and address of record owner, applicant, and engineer or surveyor, with seal;

Where the owner or subdivider also owns or controls unsubdivided land adjacent to or directly across the street from the land shown on the definitive plan, the applicant shall submit a sketch plan showing possible or prospective street layout in the event that such unsubdivided land is developed, and shall also show the present drainage for such unsubdivided land, natural and constructed;

Boundary lines of bordering adjacent land or of land across the street from property being subdivided and names of abutters thereon as determined from the certified list of abutters;

(f)

Existing and proposed lines of streets, ways, easements, and any public or common areas within the subdivision;

(g)

Location, direction, names, and present widths and grades of streets and public or private ways bounding, approaching, or within reasonable proximity of the subdivision;

(h)

Sufficient data to determine the location, direction, and length of every street and way line, lot line, and boundary line so as to establish these lines on the ground. The location of base lines and necessary data from which bearings and elevations may be determined may be furnished by the County Engineer's office. Should the Town establish a coordinate system, all street corners must be tied into the nearest triangulation station. The relative error of closure of property line traverse shall not be less than one part in 12,000. A signed statement to this effect shall appear on the engineer's tracing cloth drawing. A copy of traverse notes shall be furnished to the Planning Board upon request;

(i)

Location and identification of all existing buildings and site features such as stone walls, fences, large trees and wooded areas, rock ridges and outcroppings, floodplain areas, wetlands within 100 feet of the subdivision, perennial streams within 200 feet of the subdivision, and other water bodies, including depth of water and direction of flow within or adjacent to the proposed subdivision;

(j)

Existing and proposed topography with two-foot contours based on mean sea level datum, or at a suitable interval as required by the Planning Board. All buildings and physical features of abutting property that are within 50 feet of the boundary must be shown;

(k)

Acreage of each lot, lot lines, bearings and length thereof in conformity with the Zoning Bylaw[3] in each case;

[3]

Editor's Note: See Ch. 300, Zoning.

(l)

Location of existing and proposed monuments, hydrants, public utility facilities, water pipes, sewer pipes, fire ponds and cisterns, and public water supply wells within the subdivision;

(m)

Park or open areas suitably located for conservation, playground, or recreation purposes within the subdivision, if any;

(n)

Proposed storm drainage of land, including existing natural waterways and the proposed disposition of water from the proposed subdivision to either adequate natural drainage channels or artificial means of disposal thereof. Four copies of a runoff plan and calculations using the rational formula (as described in Seelye's Design Data Book for Civil Engineers, latest edition), based on a ten-year expectancy period, to determine necessary pipe sizes which can be no less than 12 inches in diameter. Roadways crossing brooks with a drainage area in excess of 10 acres shall be based on a twenty-five-year expectancy period. Pipe size, capacity, depth of flow and velocity of flow shall be included;

(o)

Location and purpose of all existing and proposed easements;

(p)

Location and species of proposed street trees, and/or individual trees or wooded areas to be retained within 40 feet of the side lines of each street;

(q)

Street plans and profiles must show the percent of grade, radii and length of curves, the point of curvature, and the point of tangency of curves;

(r)

Street profiles on the center lines and side lines of proposed streets at a horizontal scale of one inch equals 40 feet and vertical scale of one inch equals four feet, or such other scale acceptable to the Planning Board. Profiles shall show elevation of sills of all existing structures. Present and proposed elevations must be shown at least every 50 feet and must refer to the Town base, mean sea level, if bench available within 2,000 feet of subdivision. Profile plans of roadways and appurtenances shall be derived from "on the ground" topography. Profile plans shall show roadway cross-sections together with locations of proposed underground utilities, including sanitary and storm sewer lines, water lines and their appurtenances, along with details of all structures, headwall, and retaining walls;

(s)

Approximate proposed location of principal building on each lot to comply with the provisions of the Zoning Bylaw, whenever uncertainty exists or upon the request of the Planning Board, the Board of Health, or the Conservation Commission;

(t)

Location of a minimum of two permanent benchmarks;

(u)

Suitable space to record the action and signatures of the Planning Board members on each sheet of the definitive plan in the lower right-hand corner;

(v)

Location of existing utilities, underground or overhead, indicating size, type, and location of easement;

(w)

An overlay at the same scale as the definitive plan showing the SCS interpretation of suitability for on-site sewage disposal, or showing USGS surficial geology, or both. Board of Health sanctioned testing required under Title 5 (310 CMR 15.00) may be substituted for this overlay. Test pit logs for locations selected by the Planning Board and shown on one of the above overlays, with not more than one pit per four proposed lots, selected to reveal general patterns of subsurface characteristics, after consultation with the Board of Health and the Conservation Commission;

(x)

Any subdivision with a lot boundary within 1,500 feet of an existing Town sewer and/or Town water services must tie in and extend those services to each and every lot within the subdivision, where connection to the public water system is not proposed, information indicating why such connection is not feasible, description of provisions to be made for water for fire fighting, and information adequate to allow determination of compliance with these regulations regarding potable water quality and quantity;

(y)

An erosion and dust control plan, indicating the erosion and dust control measures to be employed, including description of locations of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques, sediment basins, etc., and narrative description of how dust is to be controlled and how erosion from individual lots onto streets and into drainage systems is proposed to be controlled and, in the case of subdivision of more than 15 lots, review comments on the plan by the Conservation Commission and by the Natural Resources Conservation Service or by others acceptable to the Planning Board as expert in soil erosion;

(z)

Where located within a floodplain, base flood elevation (the level of the one-hundred-year flood) data for proposals greater than five acres;

(aa)

An engineer's estimate of materials with quantities required to construct roadway, utilities and appurtenances for plan as submitted.

Accompanying statements and data. The definitive plan shall be accompanied by four copies of the following written statements:

Existing zoning and any easements, covenants, and restrictions applying to the area proposed to be subdivided.

Logs of results of all test pits made.

Data and proposed arrangements for water supply, sewerage, and sewage disposal, including all appurtenances, as required by the Board of Health.

Drainage calculations prepared by the applicant's engineer, including design criteria, drainage area and other information sufficient for the Planning Board to verify the size of any proposed drain, swale, drainfield, culvert, bridge, or catch basin. Said calculations are to be made separately for each drainage facility showing its location, the total upstream drainage area, the percentage of impervious surfaces in the drainage area, the runoff per acre, the design runoff, facility size, slope and capacity, and the velocity of water through it. Describe any areas subject to ponding or flooding, existing or proposed flood control or wetland easements, estimated increase of peak runoff caused by altered surface conditions, and methods to be used to return water to the soils.

(5)

A complete list of any waivers requested from these rules, pursuant to § 310-8 herein.

Development impact statement (DIS). The impact of the proposed subdivision is to be described according to the following criteria, except that in the case of subdivisions containing 20 or fewer units, the Planning Board will normally waive some or all of these requirements. Unless this requirement is waived by the Planning Board, the DIS shall be prepared by an interdisciplinary team including a registered landscape architect or architect, a registered professional or civil engineer, and a registered surveyor.

Physical environment.

Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.

Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.

Surface water and subsurface conditions.

Describe location, extent, and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the project.

Describe any proposed alterations of shorelines, marshes, or seasonal wet areas.

Describe any limitations imposed on the project by soil and water conditions and methods to be used to overcome them.

Describe the impact upon groundwater and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the development.

Circulation systems.

Explain the reasons for location of streets and intersections as shown on the definitive plan, with specific reference to criteria set forth in § 310-17, below.

Project the number of motor vehicles to enter or depart the site per average day and peak hour. Also state the number of motor vehicles to use streets adjacent to the proposed subdivision per average day and peak hour. Such data shall be sufficient to enable the Planning Board to evaluate: 1) existing traffic on streets adjacent to or approaching the proposed subdivision, 2) traffic generated or resulting from the proposed subdivision, and 3) the impact of such additional traffic on all ways within and providing access to the proposed subdivision. Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.

Support systems.

Water distribution. Discuss the types of wells proposed for the site, means of providing water for fire-fighting, and any problems unique to the site.

Sewage disposal. Discuss the type of system to be used, suitability of soils, procedures and results of percolation tests, and evaluate impact of disposal methods on surface water and groundwater.

Refuse disposal. Discuss the location and type of facilities, the impact on existing Town refuse disposal capacity, hazardous materials requiring special precautions.

Fire protection. Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing fire-fighting equipment to confront potential fires on the proposed site.

Recreation. Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site.

(f)

Schools. Project the increase to the student population for nursery, elementary, junior high school, and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students.

(5)

Phasing. Where development of the subdivision will require more than one year, indicate the following:

Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles. Describe the approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

Describe the phased construction, if any, of any required public improvements, and how such improvements are to be integrated into subdivision development.

§ 310-12 Review of definitive plans.

Board of Health as to suitability of the land. The applicant shall file with the Board of Health two prints of the definitive plan. The Board of Health shall, within 45 days after filing of the plan, report to the Planning Board in writing and shall make specific findings as to which, if any, of the proposed lots shown on such plan cannot be used for building sites without injury to the public health, or is unsuitable because of drainage conditions. The Board of Health shall make specific findings and state reasons therefor in such report, and, where possible, shall make recommendations for the adjustment thereof. The Board of Health shall determine the extent of soil evaluation, which may include deep test holes, percolation tests, and test borings, and shall determine the number of tests to be required. At the time of the filing of the definitive plan, the applicant shall stake all proposed lots and mark proposed lot numbers on said lots for identification to facilitate review by the Board of Health.

On-site wastewater disposal. Notwithstanding Subsection A, a permit to construct an individual sewage disposal system for sanitary wastewater disposal shall be obtained from the Board of Health for each individual lot prior to the issuance of a building permit. A condition shall be recorded on the definitive plan as follows: "No building or structure shall be built or placed upon any lot without a permit from the Board of Health."

Other Town officials. Before approval of a definitive plan is given, the Planning Board will obtain appropriate checks on the engineering and survey information shown on said plan, and written statements that the proposed improvements shown are laid out to the satisfaction of the official, as follows:

As to the design of the street system, location of easements, and design of sewerage, water, and drainage systems, including appurtenances: the planning consultant or engineer designated by the Planning Board.

As to location, size, and species of street trees: the Tree Warden.

As to the form of easements, covenants, and performance guarantees: Planning Board legal counsel.

As to location of hydrants, fire ponds and cisterns, and with regard to fire safety: the Fire Chief.

(5)

As to street safety: the Police Chief.

(6)

As to the location of streetlights: the Light Department.

Public hearing. Before approval, modification, or disapproval of a definitive plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given in accordance with the provisions of MGL c. 41, § 81T, as amended. A copy of said notice shall be mailed, by certified mail, to the applicant and to all owners of land submitted on Form D, Certified List of Abutters.[1]

[1]

Editor's Note: Form D is available in the Town offices or on the Town website.

Decision. After the public hearing, the Planning Board in due course will approve, modify and approve, or disapprove the definitive subdivision plan submitted. Criteria for action by the Planning Board shall be the following:

Completeness and technical adequacy of all submissions;

Determination that development at this location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible natural disasters, traffic hazard, or other environment degradation;

Conformity with the requirements of these rules and compliance with the Zoning Bylaw;[2]

[2]

Editor's Note: See Ch. 300, Zoning.

Determination, based upon the development impact statement (where submitted), that the subdivision as designed will not cause substantial and irreversible damage to the environment, which damage could be avoided or ameliorated through an alternative development plan.

Mandatory conditions. Any definitive plan approved by the Planning Board shall contain the following conditions:

Failure by the applicant to obtain the endorsement of the Planning Board within six months of the date of the approval of the definitive plan shall result in the automatic rescission of this approval. The time for such endorsement may be extended for not more than one year upon the written request of the applicant, for good cause shown, prior to the expiration of said six-month period, and upon a vote of the majority of the Planning Board.

Failure by the applicant to complete the construction of the ways and the installation of the services shown on the definitive subdivision plan within three years of the date of endorsement shall result in the automatic rescission of this approval. The time for such construction and/or installation may be extended upon the written request of the applicant, for good cause shown, prior to the expiration of said three-year period, and upon a vote of the majority of the Planning Board.

§ 310-13 Performance and maintenance guarantees.

Final approval with bond or surety.

Before approval of a definitive plan, the subdivider shall either file a performance bond, or deposit money or negotiable securities in an amount determined by the Planning Board as set forth below. Letters of credit are not acceptable. Passbooks shall be accompanied by a form assigning same to the Town. A bond estimate may be requested by the Planning Board; such estimate shall remain effective for 90 days. The estimate shall reflect the cost for the Town to complete work under adverse conditions which may necessitate legal fees, public bidding, and additional Town staff time. Ordinarily the Planning Board shall require an amount covering the total cost of construction of all roads and other improvements within and without the subdivision. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Planning Board legal counsel, and as to sureties by the Town Treasurer. Such bond or security shall be contingent on the completion of such improvements not later than three years from the date of the endorsement of the definitive plan. Failure to so complete shall result in the automatic rescission of the approval of the definitive plan by the Planning Board, unless the Planning Board extends said period, for good cause shown, after the written request of the applicant prior to the expiration of said period.

In determining the amount of the bond or surety, the Planning Board shall be guided by the following formula in setting the sum of the security:

The Planning Board's estimate of the cost to complete the work; plus

A ten-percent margin of error; plus

An appropriate rate of inflation over a five-year period.

Final approval with covenant. Instead of filing a bond or depositing surety, the subdivider may request approval of the definitive plan on condition that no lot in the subdivision shall be sold and no building shall be erected thereon until the improvements specified herein are constructed and installed so as to adequately serve said lot or lots. Such covenants shall be executed and duly recorded by the owner(s) of record, and shall run with the land. Proposed covenants shall be submitted with the definitive plan, and shall be approved as to form by the Town Counsel or Special Town Counsel. Such covenant shall state that the improvements shown on the definitive plan shall be completed not later than three years from the date of the endorsement of the definitive plan. Failure to so complete shall result in the automatic rescission of the approval of the definitive plan by the Planning Board, unless the Planning Board extends said period, for good cause shown, after the written request of the applicant prior to the expiration of said period. Covenants and stated conditions therein shall be referred to on the plan and recorded in the Registry of Deeds. The subdivider shall promptly, after recording, send a copy of the covenant, showing book and page number, to the Planning Board.

Converting covenant to another performance guarantee.

If the applicant desires that lots be released from a covenant and that the improvements remaining to be constructed or installed be secured by another form of performance guarantee, a formal written request shall be sent to the Planning Board by registered mail which sets forth and includes:

The extent and scope of remaining work to be completed to satisfy the requirements for the construction or installation of all required ways and municipal services; and

An estimate, pursuant to these regulations, which reflects all remaining costs related to the construction of all required ways and installation of all required municipal services; and

The form and type of guarantee being given to the Planning Board to secure all remaining improvements.

The Planning Board or its agent will make a determination as to the sufficiency of the submitted estimate, and, if such estimate is accepted, a new performance guarantee will be given to the Planning Board. Upon acceptance by the Planning Board of the new performance guarantee, all applicable lots shall be released from the covenant.

No lot shall be released from the covenant until the first course of pavement serving such lot has been installed in accordance with the specifications of the approved definitive plan.

Converting bond, deposit, or agreement to covenant. If the applicant desires to secure by means of a covenant the construction of ways and the installation of municipal services in a portion of a subdivision for which no building permits have been granted nor any lots have been sold, and to have the Planning Board release the bond, deposit of money or negotiable security, or agreement and mortgage previously furnished to secure such construction and installation, the applicant shall submit to the Planning Board a reproducible tracing and three contact prints of the reproducible tracing of the definitive subdivision plan, limited to that part of the plan which is to be subject to such covenant. Upon approval of the covenant by the Planning Board, reference thereto shall be inscribed on such section of the plan, and it shall be endorsed by the Planning Board and recorded with the covenant at the expense of the applicant. Certified copies of all documents which the applicant records at the Registry of Deeds shall be provided to the Planning Board as set forth in these regulations.

Maintenance guarantee. The Planning Board may require a maintenance bond for a reasonable period of time as a condition of the approval of a definitive plan, to secure the maintenance of stormwater management facilities, cisterns, fire ponds, or other improvements.

§ 310-14 Endorsement and recording of plans.

Certificate of approval. The action of the Planning Board with respect to any definitive plan shall be by majority vote of the Planning Board as constituted, copies of which shall be certified and filed with the Town Clerk and sent by registered mail to the applicant. If the Planning Board modifies or disapproves such plan, it shall state in its vote the reasons for such modification or disapproval. 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 Planning Board's action with the Town Clerk and said Clerk has notified the Planning Board that no appeal has been filed.

After the definitive plan has been approved and endorsed, the applicant shall furnish the Planning Board with eight blueprints and the original thereof. The Planning Board, upon receipt of the blueprints and the original, shall send one blueprint to each of the following boards or supervisors of the Town: Fire Department, Conservation Commission, Board of Health, Board of Assessors, Municipal Light Board, and Department of Public Works, and shall retain the original and two copies for its own files.

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

Recording of plan. Within 30 days after the return of an approved plan, the applicant shall cause to be recorded in the Registry of Deeds, and in the case of registered land with the recorder of the Land Court, a copy of the approved definitive plan and accompanying covenants and agreements, if any. Following plan approval, endorsement, and recording, the applicant shall provide the Planning Board with five prints of the definitive plan, one of which shall be certified by the Registry of Deeds as having been recorded, and one copy of final covenants and restrictions, noting book, page number, and date of recording for each. One copy of the definitive plan shall be forwarded to the Building Inspector by the Planning Board.

§ 310-15 Evidence of satisfactory performance.

Submission. Before the Planning Board shall finally release a performance bond or a deposit, or in the case of approval with covenants, issue a final release of a covenant, all held pursuant to § 310-13 above, the applicant shall:

File with the Planning Board a certified copy of the layout plan of each street in the subdivision marked "As Built." In the case of approval with covenants, the applicant may show only the street or streets serving the lots for which a release is desired on the layout plan. Certification shall be by a registered professional engineer or land surveyor, and shall indicate that streets, storm drains, sewers, water mains, and their appurtenances have been constructed in accordance with said plan and are accurately located as shown thereon.

Obtain and submit to the Planning Board written evidence that the required improvements, as set forth herein, have been completed to the satisfaction of the official listed below:

For the planting of any required street trees: Tree Warden.

For the placing of monuments and construction of all other required improvements and the performance of all other required work: Planning Board and/or its designated agent.

For streets and drainage, as in conformance with the approved definitive plan: Planning Board and/or its designated agent.

For underground wiring, water mains, sanitary sewers, storm sewers, hydrants, fire ponds, and fire alarms, as in conformance with the approved definitive plan: Planning Board and/or its designated agent.

The applicant shall submit written evidence that all of the required improvements stated in Subsection A(2) have been in place 12 months without damage, or, if damage has occurred, that such damaged improvements have been repaired to the satisfaction of the Planning Board.

§ 310-16 Release of performance guarantee.

General. Upon completion of the improvements required under Article IV, or the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the Town Clerk a statement, in duplicate, that said construction or installation in connection with any bond, deposit, or covenant has been completed in accordance with the requirements of Article IV. Such statement shall contain the name and address of the applicant, and the date of filing with the Town Clerk. The Town Clerk shall forthwith furnish a copy of the statement to the Planning Board. If the Planning Board determines that said construction or installation has been completed, it shall release the interest of the Town in such bond or deposit and return the bond or deposit to the person who furnished same, or issue a release of covenant in a form acceptable for recording. If the Planning Board determines that said construction or installation has not been completed, it shall specify to the applicant in writing the details wherein said construction or installation fails to comply with the provisions of Article IV. Upon failure of the Planning Board to so notify the applicant within 45 days after the receipt by the Clerk of said statement, all obligations under the bond shall cease and terminate by operation of law, and the deposit shall be returned, and any covenant shall become void. In the event that such forty-five-day period expires without notification by the Planning Board, or without the release and return of the bond, or the return of the deposit, or the release of the covenant, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which shall be recorded by the applicant.

Ways and services. The Planning Board shall release from covenants only those lots for which installation and construction of ways and services has been completed, in accordance with these rules. The applicant shall submit the appropriate form when applying for the release of a lot from a covenant.

Pavement. The Planning Board shall not release any bond, deposit, or covenant nor shall a building permit be granted for any lot until the first course of pavement has been installed with manhole covers and other structures set therein at the level of such first course.

Completion of work.

After the completion of the work described on the definitive plan and in its decision, the Planning Board shall retain a bond in the amount of 5% of total project costs. Cost estimates shall be estimated and submitted by the Planning Board's engineer. This bond shall cover any and all expenses accrued to the roadway and associated infrastructure and to protect the Town against damages sustained before being Town accepted at the Annual Town Meeting.