Town of Littleton, MA: General provisions.

§ 249-10 General provisions.

Only those plans which constitute "subdivisions", as that term is defined in the Subdivision Control Law, require the approval of the Planning Board. However, all plans requesting or seeking Planning.

Board approval, whether subdivisions within the meaning of the law or not, must have either approval as a subdivision or endorsement that they do not require approval before they will be accepted for recording at the Registry of Deeds or registration at the Land Court.

A plan shall be deemed submitted when delivered at a meeting of the Planning Board or when sent by registered mail to the Planning Board. If so mailed, the date of receipt shall be the date of submission of the plan. Plans intended for review at a forthcoming meeting of the Planning Board shall be submitted not later than 12:00 p.m. noon according to the schedule below.

(1)

ANR: at least two working days prior to the Planning Board meeting.

(2)

Preliminary Subdivision: at least five working days prior to the Planning Board meeting.

(3)

Definitive Subdivision: at least 15 working days prior to the Planning Board meeting, to provide additional review time by the Board members, Town staff, and/or review consultant, and to meet both Open Meeting Law and Subdivision Control Law requirements.

All filings for any action under these regulations must be accompanied by both paper copies and electronic copies. Electronic copies must be in two forms: scalable Adobe Acrobat PDF and CADD formats and shall be prepared in accordance with the current version of the "MassGIS Standard for Digital Plan Submission to Municipalities." Electronic copies must be submitted on a CD-ROM and must be accompanied by the completed checklist required in the MassGIS standard. The MassGIS standards and checklist can be obtained from http://www.mass.gov/mgis/standards.htm.

Per the Subdivision Control Law (MGL Ch. 41, § 81-Q), all plans submitted shall be designed so as to be in compliance with all Zoning Bylaws or have all appropriate variances issued by the Zoning Board of Appeals in effect at the time of submission.

All costs associated with filing for subdivision approval shall be borne by the applicant. All filing fees are non-refundable.

These rules contain for the reader's convenience, either verbatim or in slightly modified form relevant statutory provisions of MGL Ch. 41, the Subdivision Control Law. These rules are intended to comply with the Subdivision Control Law. However, many aspects of the subdivision of land are not completely covered by the Subdivision Control Law and these rules contain definitions, procedural requirements, and design standards that are intended to be specific to the Town of Littleton.

No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town of Littleton, or proceed with the improvement or sale of lots in a subdivision, or the construction of streets and ways, or the installation of municipal services therein, unless and until a Definitive Plan submitted and approved as required under § 249-32 of such subdivision has been submitted to and approved by the Board as hereinafter provided.

§ 249-14 Plan believed not to require subdivision approval.

General. Anyone may submit a plan seeking endorsement that the plan does not require approval under the Subdivision Control Law. (Approval Not Required, ANR).

Submission requirements. Submittals shall include the following:

(1)

The original plan plus three copies in dark line on white background;

(2)

Properly completed form A. Blank forms are available at the Town Offices. Form A is attached to these rules as an appendix for information purposes only (see Form A: Application for Endorsement of Plan Believed Not to Require Approval under the Subdivision Control Law (Ch. 41)), but is not part of these rules. Official copies shall be obtained at the Planning Department office or online at the Planning Department's website. The Applicant shall be responsible for confirming that the form obtained online is current;

(3)

Signature of all affected landowners;

(4)

Fee for Approval Not Required (ANR) plan as specified in current Planning Board fee schedule. The Fee Schedule is attached to these rules as an appendix for information purposes (see Fee Schedule), but is not part of these rules;

(5)

On disc or via another commonly used electronic media storage or transmission device in a scalable Adobe Acrobat PDF and CADD formats and registered to the Massachusetts State Plane coordinate system;

(6)

File completed Form A with the Planning Board with three copies of the plans, plus original Mylar. File a copy of Form A and plan with the Town Clerk in accordance with the requirements of MGL Ch. 41, § 81-P. Filing shall be made by delivery or by registered or certified mail to the Board in care of the Littleton Planning Department. If so mailed, the date of receipt shall be the date of submission of the plan;

Required information. Such plans shall show the following:

(1)

All existing and proposed property lines and lot boundaries with deed book and page reference of existing lines;

(2)

Adjacent ways in existence;

(3)

Remaining frontage and area of any adjoining land in the same ownership;

(4)

Frontage of land adjacent to any reduced frontage lot created;

(5)

Any existing structures and dimensions of setbacks;

(6)

Any existing structures on any remaining adjoining land owned by the Applicant and dimensions of setbacks;

(7)

The present owner of the land shown on the plan and all abutting owners and assessor's map and parcel numbers;

(8)

The location of any easement or way, public or private, across the land, with a designation as to the use of the same;

(9)

Seal and signature of a Professional Land Surveyor, North arrow, legend, scale, date and drawing number;

(10)

Suitable space to record the action of the Board and the Town Clerk's certification, as defined in the Subdivision Control Law;

(11)

The lot must be able to be accessed from the frontage road;

(12)

A locus plan of the locus, showing its relation to the surrounding area, at a scale of one inch equals 600 feet, extending at least 1,000 feet from the boundaries of the locus or to the next way intersecting the way on which it is located, whichever is greater;

(13)

Zoning classifications, including overlay districts;

(14)

A note stating that endorsement of the plan does not signify compliance with Zoning Bylaw;

(15)

The entirety of any lot having its boundaries changed must be shown;

(16)

Location of all existing and proposed monuments marking lot lines;

Time limit. If the Planning Board takes no action within the time period specified by the Subdivision Control Law, the plan is automatically deemed not to require approval under the subdivision control law and the Town Clerk may so certify.

Board action. If the Board determines that the plan does not require Planning Board approval under the subdivision control law, it shall endorse the plan "Approval under the Subdivision Control Law Not Required" without a public hearing and within 21 days of submission. This endorsement does not imply that the plan complies with Zoning Bylaw. The Board will return the original of the plan to the Applicant, notifying both the Applicant and the Town Clerk of its action.

§ 249-25 Preliminary plan of a subdivision.

General. It is strongly recommended that a Preliminary Plan be filed. In accordance with MGL Ch. 41, § 81S, submission of a Preliminary Plan for a residential subdivision is optional but submission of a Preliminary Plan is mandatory for a nonresidential plan. The submission of such a Preliminary Plan 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 the problems of such subdivision before costly engineering drawings for a Definitive Plan are prepared. Prior to the discussion of the Preliminary Plan with the Board, it is recommended that the subdivider discuss the Applicant's plans with the Fire Department, the Water Department, the Board of Health, the Highway Department, the Conservation Commission and the Zoning Board of Appeals.

During the discussion of the Preliminary Plan, the complete information required for the Definitive Plan and the performance guaranty will be developed.

Application procedure.

(1)

An Applicant submitting a Preliminary Plan shall file a copy of Form B (see Form B: Application for Approval of Preliminary Plan of a Subdivision), three full size copies of the Preliminary Plan and six copies reduced to fit legibly on 11 inches by 17 inches sheets, with the Planning Board accompanied by the appropriate fee according to the fee schedule. Form B is attached to these rules as an appendix, but is not part of these rules;

(2)

Signatures of affected landowners proposed to be subdivided;

(3)

An Applicant submitting a Preliminary Plan shall file one print with the Board of Health; and

(4)

File completed Form B with the Planning Board with six copies of the plans, plus original Mylar. File a copy of Form B and plan with the Town Clerk; and one copy with the Board of Health in accordance with the requirements of Chapter 249. Filing shall be made by delivery or by registered or certified mail to the Board in care of the Littleton Planning Department. If so mailed, the date of receipt shall be the date of submission of the plan. The Planning Board will forward copies of the plan to the Highway Department, Water Department, Fire Department and other departments as deemed needed.

Contents. The Preliminary Plan shall be drawn at a scale of one inch equals 40 feet for plans of 10 lots or fewer and one inch equals 80 feet for plans of more than 10 lots, or other scale approved by the Planning Board to accept to show details clearly and adequately and shall be identified as a Preliminary Plan. A Preliminary Plan shall have contents as defined in the Subdivision Control Law. In addition, it is requested that the following be submitted:

(1)

A locus plan of the subdivision, showing its relation to the surrounding area, at a scale of one inch equals 600 feet, extending at least 1,000 feet from the boundaries of the subdivision or to the next way intersecting the way on which the subdivision is located, whichever is greater;

(2)

Adjacent and proposed ways;

(3)

Preliminary drainage plan;

(4)

Existing and proposed watercourses, ponds and wetlands;

(5)

Preliminary findings of the Development Impact Statement required by § 249-32E; and

(6)

In the case of a subdivision site where all the land owned in the parcel is not to be subdivided, a plan showing (in a general manner) the proposed future development of the balance of the land.

§ 249-32 Definitive plan.

Application procedure.

(1)

Any person who submits a Definitive Plan of a subdivision to the Planning Board for approval shall file with the Board the following:

(a)

Original drawings of the Definitive Plan and other required drawings, plus 12 contact prints thereof, dark line on white background. The original drawings will be returned after approval or disapproval. List of Minimum Drawings Required;

Title sheet. With Project Locus, Index of Sheets, Development Name, Development Address, Applicant Name, and Contacts;

ii.

Existing conditions plan. Showing entire site to be subdivided, with existing lot lines, rights-of-way, easements, stone walls, major trees, tree lines, contours at no more than two feet between minor contours and 10 feet between major contours. Preferred one inch between minor contours and five inches between major contours when this will not affect plan readability;

iii.

Plan of lots or lotting plan. Showing lots lines, sizes, bearings and distances, etc.;

iv.

Easement plan. If required for clarity;

Site Plan;

vi.

Roadway Profile;

vii.

Typical Sections;

viii.

Construction Details;

ix.

Roadway Cross-Sections.

(b)

Three copies of properly completed application Form C. (Application for Approval of Definitive Plan);

(c)

Fee for Application for Approval of Subdivision Plan as specified in current Planning Board fee schedule;

(d)

A statement of deed restrictions, if any, including a description of each;

(e)

List of name and address of abutters certified by Board of Assessors;

(f)

A narrative describing the proposed project, sequencing, construction phasing and prior approvals by the Board, Conservation Commission (if any) and, Zoning Board of Appeals (if any); and

(g)

A complete detailed list of all waivers being requested.

(2)

File three copies of the completed Form C with the Planning Board with 12 copies of the plans, plus original Mylar. File a copy of Form C and plan with the Town Clerk in accordance with the requirements of Chapter 249. Filing shall be made by delivery or by registered mail to the Board in care of the Littleton Planning Department. If so mailed, the date of receipt shall be the date of submission of the plan. The Planning Board will forward copies of the plan to the Highway Department, Water Department, Fire Department and other departments as deemed needed.

(3)

The developer shall submit electronic copies, both in scalable Adobe Acrobat PDF and CADD formats, of the plans at the time of the Definitive Plan submittal, of the Definitive Plan as approved, and of the final as-built Plan.

Standard definitive plan contents. The plan shall be drawn in ink using standards and media acceptable in the application and to the Registry of Deeds requirements. The plan shall be at the scale of one inch equals 20 feet or other scale approved by the Planning Board to accept to show details clearly and adequately and shall be identified as a Definitive Plan. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision, and all sheets shall be the same size.

Required information. Such plans shall show the following:

(1)

The subdivision name, date, boundaries, North arrow, legend, scale, and drawing number;

(2)

The name and address of the owner of record, subdivider, engineer and other professionals engaged in the design;

(3)

All sheets showing proposed roadway, drainage, etc. shall be sealed and signed by a Professional Engineer. Lotting sheets shall be sealed and signed by a Professional Land Surveyor;

(4)

The location, names and present widths of ways bounding within 200 feet of the subdivision;

(5)

A locus plan of the subdivision, showing its relation to the surrounding area, at a scale of one inch equals 600 feet, extending at least 1,000 feet of the boundaries of the subdivision or to the next way intersecting the way of which the subdivision is located, whichever is greater;

(6)

The location and names of all abutters as they appear in the most recent local tax list;

(7)

Assessor's map and parcel numbers;

(8)

Designation of zoning districts, including all applicable overlay districts;

(9)

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

(10)

Sufficient data to determine readily the location, direction and length of every street or way, easement, lot line and boundary line and to establish those lines on the ground. The subdivision shall be tied to the Massachusetts State Plane Coordinate System and NAVD 88;

(11)

Road center line stationing, to which the street plans and profiles shall be referenced. Stationing shall be provided every 100 feet and tick marks every 50 feet. Points of Curvature and Tangency stations, curve data, alignment tie information station equations shall be provided where applicable. All alignment information shall be shown on all Lotting Plans and Site Plans;

(12)

Proposed street names and lot numbers;

(13)

The location of all permanent monuments, properly identified as to whether existing or proposed;

(14)

Location of existing and proposed watercourses, wetlands, perennial and intermittent streams, certified vernal pools, potential vernal pools (as identified on maps prepared by MassGIS), certified and potential vernal pool upland habitat areas, rare and endangered species, waterways and water bodies on and within 100 feet of the proposed subdivision, including any buffer zones and riverfront areas as defined by the Massachusetts Wetlands Protection Act (MGL Ch. 131, § 40) and Littleton Wetland Bylaw;

(15)

The location and types of major trees and tree groupings, existing and proposed, within 50 feet of proposed center line of the right-of-way;

(16)

Suitable space to record the action of the Board and for the date and five signatures, and the Town Clerk's certification, as defined in the Subdivision Control Law;

(17)

Major site features, such as existing stone walls, fences, buildings, rock ridges and ledge, swamps, flood plains as identified on the Federal Insurance Rate Maps and other flood plains identified by a Professional Engineer and historic features on and within 100 feet of the proposed subdivision. The plan shall identify which of the above shall remain undisturbed.

Site plans and profiles. For every street, there shall be a separate plan at one inch equals 20 feet and profiles at one inch equals four feet (Vertical), which is preferred, or plans at one inch equals 40 feet and profiles at one inch equals eight feet (Vertical), showing the following data:

(1)

Exterior lines of the way, with sufficient data to determine their location, direction and length;

(2)

Existing center line profile, shown as a fine black solid line. Existing center line profile for intersecting streets shall be shown for at least 100 feet each side of the intersection of street center lines, except for those streets for which a separate profile is included in the plan submittal. Cross-sections cut at 50 foot or closer station intervals and at all critical locations shall be provided with the Site Plans. Cross-sections shall be prepared at 50 foot intervals, showing the existing ground and proposed finished ground and shall depict prominent features in section. They shall be shown at a scale of one inch equals four feet and if approved by the Board in no case shall be smaller than one inch equals eight feet. The right-of-way lines shall be shown in the cross-sections. Additional cross-sections may be required at critical sections, in the opinion of the Board. Elevations shall be based on NAVD 88 bench marks. Plans shall be developed in accordance with Chapter 18 - Plans, Specifications, and Estimates of the MassDOT PD and DG. Sheet size shall be a maximum of 30 inches by 42 inches;

(3)

Finished, designed profile, shown in bold solid line, with the elevations of the end point and the slope shown for all constant slopes, and with sufficient data shown to completely define all vertical curves;

(4)

Existing and proposed watercourses, ponds and wetlands;

(5)

All drainage facilities, including stormwater mitigation practices, on plan and on profiles showing sizes, invert elevations and slopes;

(6)

The location and size of all water mains, along with hydrants and main gate valves. Water line locations shall be shown on profile sheets where they cross drainage facilities;

(7)

The location of gas and cable utilities and their appurtenances;

(8)

The location of the following, unless waived by the Board: street paving, sidewalks, street lighting standards, curbs, gutters, electrical transformers, sub-surface utilities and fire-alarm boxes.

Development impact statements. The developer shall submit an analysis of the impact of the proposed development, as outlined below. The analysis will assist the Planning Board in assessing the cumulative impact of development:

The following shall accompany submission of a Definitive Plan:

(1)

Environmental analysis. All subdivisions creating frontage shall be based on an environmental analysis, which shall be prepared by an interdisciplinary team to include a land surveyor, civil engineer and architect or landscape architect, unless otherwise agreed to by the Planning Board, and shall consist of the following graphic and narrative items. The following documentation is required for each analysis:

(a)

Site analysis and proposal drawings, at uniform scale on sheets not larger than 42 inches by 60 inches, showing the following;

(i)

All information required under Section 4.2 of the regulations adopted under MGL Ch. 131, § 40, unless certain requirements are waived by the Board as not being germane or feasible;

(ii)

Vegetative cover analysis, including identification of general cover type (wooded, thicket, fresh wetland, etc.), location of all major tree groupings, plus other outstanding trees or other botanical features and important wildlife habitats;

(iii)

Visual analysis of scenic vistas and locations of visual prominence.

(b)

A narrative statement, documenting the following, with references to the above maps as germane:

(i)

Impact upon surface water quality and level;

(ii)

Impact upon groundwater quality and level;

(iii)

Material effects upon priority and estimated habitat for rare and endangered species, outstanding botanical features and scenic or historic environs;

(iv)

Capability of soils, vegetative cover and proposed erosion-control efforts to support proposed development without danger of erosion, silting or other instability;

(v)

Relationship to the requirements of the Wetlands Protection Act (MGL Ch. 131, §§ 40 and 40A).

(2)

Traffic Study. As defined below, the Applicant is required to submit a traffic study for any type of new land development or redevelopment regardless of its size or whether or not the State agency is the access granting authority. The traffic study should follow guidelines published by the ITE "Transportation Impact Analysis for Site Development: An ITE Recommended Practice", the guidelines issued by the Massachusetts Department of Transportation and various references noted below as appropriate. The analysis should be documented in the report and shall be completed by or under the supervision of an ITE Member registered as a Professional Engineer in the State of Massachusetts.

Different levels of traffic analysis shall be required depending on the size of the project as described below. The definition of project size is as follows:

•	Minor Projects - less than 10 peak hour vehicle trips
•	Moderate Projects - between 10 and 50 peak hour vehicle trips
•	Large Projects - greater than 50 peak hour vehicle trips

The scope of analysis shall include consideration of:
•	Proximity to an existing safety concern (i.e. high crash location),
•	General conditions of the current operating conditions of the abutting road(s),
•	The anticipated special characteristics of the project's traffic generating temporal conditions.
It is highly recommended that the Applicant's traffic consultant meet with the Town planning staff at the outset to review the traffic analysis scope and identify any unique issues that need to be addressed by the Applicant.

(a)

For minor projects. The following shall be completed for the projects classified as "minor": 1) the estimate of the project's daily and peak hour trips; 2) expected operating condition of its site access drive intersection with the major street; 3) sight distance analysis for the points of access/egress following the direction described below under 'Moderate/Large Projects'; and 4) the evaluation of the proposed site drive intersection geometric design with the major intersecting street.

(b)

Moderate/large projects. In addition to the matters listed in subsection (a), above, the specific items to be addressed in traffic impact studies for moderate to large projects are listed below:

(i)

Study Area. The determination of the study area shall be made by the Applicant based on Table 2-3 from the 2010 or later edition of the ITE "Transportation Impact Analysis for Site Development: An ITE Recommended Practice" and shall incorporate the roadways that the site access will be connected to; provided, however, that the study area shall extend not less than 1/4 mile from the property lines and shall include all major intersections and access drives within the study area for Moderate Projects, and shall extend not less than one mile from the property lines and shall include all major intersections and access drives within the study area for Large Projects, unless these minimum distances are waived by the Board.

(ii)

Traffic volumes. The current daily volumes on the roadways abutting the project should be obtained. Peak hour volumes need to be collected during the peak periods that would typically be the 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m. periods during the weekday for most land uses. For retail and certain types of restaurants would need to consider the midday peak hour (i.e. 11:00 a.m. to 2:00 p.m.). Data that exists for study locations and is no more than two years old may be used in the new study; use of older data or analysis periods must be reviewed and approved by the Planning Board.

(iii)

Safety data. The traffic study must include research of recent crash experience at all study locations. At minimum, the crash records maintained and available through the Massachusetts Department of Transportation (MassDOT) and the Town of Littleton Police Department for the latest available three years are to be researched and summarized to indicate the characteristics including but not limited to frequency, type, severity and weather or road surface conditions. Crash rates will be calculated and compared to the appropriate average rates found in the MassDOT District area. Any notable trends or potential safety issues should be identified.

(iv)

Future traffic volumes. The traffic study must estimate future traffic volumes for conditions with and without the proposed development project. The future year for moderate and large projects should be five years from when occupancy begins. A No Build condition must be considered and must take into account nearby developments or redevelopments that are planned, expected and underway within the study period.

The traffic for the proposed development must include daily and peak hour flows. If appropriate, Saturday conditions must be estimated. Unless otherwise supported, the traffic estimates for proposed developments should be based on the models in the latest Trip Generation Report published by the ITE. Estimates of site traffic distribution should be documented and clearly shown in the traffic report.

For all non-residential land use types, provide an estimate of truck traffic.

(v)

Traffic analysis. An analysis of the proposed project's impact on the study area intersections and roadways will involve examining the change in traffic volumes at the study locations and completing a level of service analysis consistent with the methods described in the Highway Capacity Manual published by the Transportation Research Board. The results must be summarized in tabular form and include comparisons of the existing, no-build and build conditions. Information that is required for each approach, lane group and overall include the volume to capacity ratio, average vehicle control delay, level of service (LOS) and the 95th percentile vehicle queues. Locations that currently experience or will experience in the future a peak hour LOS 'D' or lower may at the discretion of the Board need to be mitigated.

(vi)

Sight distance analysis. The sight distances for all proposed site drives must be reviewed for adequacy. This includes determining the appropriate speeds for which to conduct the analysis including collecting off-peak travel speeds sufficient to determine average and 85th percentile speeds. The anticipated available sight distances related to stopping sight distances (by approach) and intersection (or corner) sight distances (by direction of oncoming traffic) must be determined in the field consistent with the methods described in the AASHTO Green Book. A summary table and/or diagram should be provided in the traffic report that indicates the measured distances, the required distances given the appropriate speed and a determination if the distance criterion is satisfied or not for each type and direction.

(vii)

Pedestrian/bicycle flow. A review/assessment of the impact of the project's access points in relation to impacting the pedestrian and bicycle travel on the abutting street must be completed and a statement of impact and/or adequacy should be included in the traffic report.

(viii)

Internal circulation plan. The internal traffic and pedestrian circulation plan should be reviewed and assessed as part of the traffic study. Potential conflicts, safety issues, goods delivery routes should be included.

(ix)

Mitigation. The Town is committed to reducing traffic impacts, encouraging alternative modes, reducing the amount of site trips while promoting a positive economic development environment. To this end, the Applicant will be required to evaluate potential mitigation and improvements as outlined below at a minimum unless it can be fully demonstrated that mitigation should not be required for a specific project.

Minimize the number of driveways serving the project.

Locate and design proposed non-residential access drives to minimize unnecessary traffic intrusion into existing residential neighborhoods.

Clearing, grading, signage or other improvements to ensure adequate sight distances are provided and can be maintained.

Encourage shared vehicular access with adjoining developments.

Maximize distances between proposed drive and the driveways to adjacent properties.

Provide to the extent feasible pedestrian connections with adjacent properties and developments.

Traffic signage and other guidance required for safe and efficient traffic movement.

Proposed engineering and in certain situations construction of roadway and intersections to improve the level of service to pre-development levels of higher than LOS 'D'. This may include but not be limited to additional travel or turn lanes, signalization, upgraded signalization and signal timing, channelization, and other physical improvements.

Accommodate transit within or adjacent to the project site.

Provide for or contribute towards demand management techniques including but not limited to sidewalks, bicycle lanes, carpooling, transit service, on-site services, and mixed but complimentary uses on the site.

Provide in-lieu-of payments the Town can put towards future transportation improvements including studies to determine the improvements.

If the project is to be phased over time, then the mitigation actions must be detailed in terms of implementation schedule.

(3)

Sanitary Sewer Study. The Applicant shall submit calculations showing (a) that any proposed sanitary sewer system has been designed according to the standards set forth in these rules; and (b) any impact of said sanitary system would have on existing sanitary systems downstream from the proposed point of discharge. Sewage estimates shall be based on the Massachusetts Department of Environmental Protection's Title 5;

(4)

Water Study. The Applicant shall submit a study certified by a Professional Engineer with demonstrated qualifications as a water consultant, showing that the proposed water system would provide the development with adequate fire flows and demonstrate that each service connection shall have a minimum residual water pressure at street level of 20 PSI under all design conditions of flow. Standards for fire flows are based on Insurance Services Office standards. Any waivers and all testing for residual water pressure and impacts within 2,000 feet of the proposed subdivision must be consistent with the recommendations of the Insurance Services Office (www.ISO.com), and the National Fire Protection Association (www.nfpa.org). Conclusions of the study shall demonstrate how to mitigate the impacts of the development on the water pressures in the surrounding area. Impacts on public and private water facilities shall be described;

(5)

Public Works costs. Additional costs for future plowing, sanding, and sweeping per lane mile (using current costs per lane mile, including disposal) plus catch basin cleaning (using current costs per catch basin, including disposal) and maintenance of the storm sewer system;

(6)

Municipal service costs. Estimates of costs based on existing average cost per resident for police, fire, libraries, recreation, and schools, including school enrollment projections.

Other submittals. The following shall also accompany submission of a Definitive Plan:

(1)

Typical street cross section for each class of street within the subdivision, drawn at one inch equals four feet, showing the location of all elements within the street right-of-way, and typical cross sections of any altered drainage courses or off-street paths. Refer to the Town of Littleton Typical Sections included in the appendices which are provided as minimum requirements and for information only. Official copies shall be obtained at the Planning Department Office;

(2)

A locus plan of the subdivision, showing its relation to the surrounding area, at a scale of one inch equals 600 feet, extending at least 1,000 feet of the boundaries of the subdivision or to the next way intersecting the way on which the subdivision is located, whichever is greater;

(3)

Evidence of ownership, language of any easements, covenants or restrictions applying or proposed to apply to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision and a description of erosion-control methods to be employed;

(4)

An erosion and sedimentation control plan designed to ensure, mitigate and prevent erosion/sedimentation of disturbed areas during and after construction activities. The plan shall show, in detail, what and when such measures will be implemented, on both a temporary and permanent basis, including land disturbances for house construction;

(5)

A separate plan showing where a storm drainage line or any type of drainage structure discharges within 200 feet of a brook, stream, or drainage area;

(6)

Construction Management Plans designed in accordance with Section § 249-59.G.

(7)

Cost estimate. The Applicant shall submit a detailed cost estimate for all construction within the proposed roadway layout and any public utility easements, certified by the project's Registered Professional Engineer. Said estimate shall be based on current edition of Massachusetts Highway Department's "Standard Specifications for Highways and Bridges", and shall include:

(a)

Quantity, unit price and total amount for each construction item using MassDOT Weighted Average Unit Bid Prices, RS Means for Special Items and current prevailing wage rates;

(b)

Total amount for cost of completion of project;

(c)

Costs adjusted to account for municipal prevailing wages rates;

(d)

Costs adjusted to add a 25% inflation/safety factor;

(e)

Engineering inspection, materials testing, legal and other soft costs.

Plan processing.

(1)

Board of Health review. At the time of filing of the Definitive Plan, the Applicant shall also file a copy with the Board of Health for its review and action as provided by the Subdivision Control Law;

(2)

Public hearing. Before approval, modification and approval, or disapproval of the Definitive Plan is given, a public hearing shall be held by the Planning Board, as required by the Subdivision Control Law;

(3)

The Planning Board may determine that independent review of the plans and/or construction is required. The Board will obtain a quotation for the work required from an engineer of its choice, and the developer shall deposit funds equal to the amount of the quotation with the Treasurer of the Town of Littleton to pay for this work, in accordance with applicable General Laws, prior to the start of the review;

(4)

Performance guaranty. Before the Planning Board endorses its approval of a Definitive Plan, the developer shall agree to complete, within two years and without cost to the Town, all improvements required by this regulation and shall provide security that he/she will do so, in accordance with provisions of the Subdivision Control Law. The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities. Construction of the road shall not be deemed complete until:

(a)

All work has been inspected by a Town approved inspector(s) or an authorized agent of the Town;

(b)

A Certificate of Conformity, prepared and signed by a Professional Engineer as to conformance to the design standards, under Article IV of this chapter, has been submitted;

(c)

The integrity of road pavement and Definitive Plan drainage has been verified by the Town following a full winter and spring of use (see MGL Ch. 41, § 81-U);

(d)

Trees and other vegetation have been established and have survived one year after planting prior to the release of warranty performance guaranties.

(e)

Fee to the streets has been conveyed to the Town (§ 249-20F) or other provisions for their continued maintenance have been accepted by the Board;

(f)

The record plans have been received; and

(g)

Copy of Certificate of Compliance from the Conservation Commission is provided, if applicable.

(5)

Approval, modification or disapproval.

(a)

Within the time period specified by the Subdivision Control Law, the Planning Board or its agent shall approve, modify and approve, or disapprove such plan;

(b)

Criteria for action by the Board in approving or disapproving plans shall be the following:

[1]

Completeness and technical adequacy of all submissions;

[2]

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

[3]

Conformity with the design standards of Article IV and Article V of this chapter;

[4]

Determination, based upon the Development Impact Statement, when submitted, that the subdivision, as designed, will not cause unacceptable or substantial damage to the environment, which damage could be avoided or ameliorated through an alternative development plan;

[5]

Consideration whether the possible benefits of open space development as provided for in the Zoning Chapter of this code has been adequately considered;

[6]

Certification that the required approvals (if any are needed) by the Conservation Commission and/or the Zoning Board of Appeals have been obtained.

[7]

For projects that exceed the MEPA Review Thresholds in accordance with 301 CMR 11.03: Review Thresholds the Applicant must provide proof of compliance with 301 CMR 11.00: MEPA REGULATIONS in the form of a written certificate from the Secretary of Energy and Environmental Affairs that demonstrates that the MEPA review process has been completed prior to the Board taking action on the Definitive Plan Application. For projects which do not exceed the MEPA Review Thresholds in accordance 301 CMR 11.03: Review Thresholds the Applicant or Applicant's duly authorized representative must submit a written certification that the project as proposed does not require MEPA Review in accordance with 301 CMR 11.03: Review Thresholds prior to the Board taking action on the Definitive Plan Application.

(c)

Following endorsement of the plan by the Board, the Applicant shall provide the Board with the reproducible copy on Mylar and three contact prints of the plan and a copy of final covenants and restrictions for its files, and the Board shall supply the Applicant with a completed Form D (Certificate of Approval of a Definitive Subdivision Plan). In addition, the Applicant shall provide electronic files of the submittal materials in Adobe Acrobat PDF format and CADD formats;

(d)

Approval of the Definitive Plan or release of security does not constitute the laying out or acceptance by the Town of streets within a subdivision.

Rescission. Failure of the developer to record the plan within six months of its endorsement or to comply with the construction schedule of the performance agreement shall constitute sufficient reason for the rescission of such approval, in accordance with the requirements of the Subdivision Control Law.