A.
Coordination
by Landscape Architect. A landscape architect must be responsible
for the coordination of the physical planning of the proposed development.
B.
Number
of Copies. The submitted application package must include:
(1)
Three original, copy-ready application packets (including any drainage
and stormwater management plans);
(2)
One stand-alone copy of the drainage and stormwater management plans;
(3)
Four large (24 inches by 36 inches) format sets of plans; and
(4)
An electronic copy of the application material in both PDF and CAD
format.
C.
Required
Plans. Information presented in the definitive subdivision plan must
be based on field surveys except as noted below. A definitive subdivision
plan must include the following:
(1)
Title sheet. A title sheet depicts all land within 500 feet of any
part of the tract that is the subject of the application, showing:
(a)
All lot, parcel, and right-of-way lines, in a general manner;
(b)
Existing structures and contours at two-foot intervals;
(c)
Principal natural features, as described in the site analysis map,
described below, but shown more generally than in the site analysis
map;
(d)
Zoning district boundaries;
(e)
Recorded easements abutting the tract; and
(f)
Public facilities or property, such as conservation or recreation
land, footpaths, bicycle paths, or streets.
(2)
Site analysis map.
(a)
A site analysis map, prepared by a landscape architect, shows:
[1]
Existing contours at two-foot intervals;
[3]
Mature trees, distinguishing deciduous from evergreen, and differentiating
between them by size as follows:
[a]
Trees with a diameter at breast height (DBH) between six and
12 inches;
[b]
Trees with DBH between 12 inches and 18 inches;
[c]
Trees with a DBH between 18 inches and 30 inches; and
[d]
Trees with a DBH greater than 30 inches.
[e]
A note containing the number and total DBH of all trees with
a DBH greater than six inches.
[4]
Location and results of any soil, percolation and water table
tests;
[5]
Areas within the tract subject to easements, rights-of-way,
or similar deed restrictions;
[7]
Habitats of rare and endangered species;
[8]
Fences, stone walls, trails and rock outcroppings;
[9]
Existing vegetation, including open fields, and unique specimens
of vegetation; and
[10]
Areas of visual impact, including viewscapes into and out from
the site.
(b)
Information on topography, slopes, and trees required above may be
omitted within areas of the site that are not proposed to be disturbed
if these areas are clearly marked on the plan as areas not to be disturbed.
(3)
Property rights and dimensional standards plan. A plan based on an
instrument field survey conducted by a land surveyor, showing:
(a)
The location of existing easements or other property rights affecting
the development.
(b)
The location of any sections of the land to which the Town would
be granted property rights, either by easement or transfer of ownership,
for street, utility, conservation, recreation or other public purposes.
(c)
The proposed division or merger of the property into lots and parcels
in private ownership.
(d)
The proposed yard setback in feet for buildings and, if applicable,
from a zoning district boundary and, if applicable, the setback of
a driveway or parking lot from lot lines.
(e)
The proposed boundaries of any common open space.
(f)
Proposed bounds, markers, or monuments.
(g)
If applicable, zoning district boundary lines and the Town boundary
line.
(4)
Site construction plan. A plan prepared by a landscape architect
and a civil engineer, showing in a general manner, where applicable:
(a)
The location of existing and proposed buildings;
(b)
Existing and proposed contours;
(c)
If applicable, a delineation of vegetated wetlands, with the buffers described in Subsection C(2)(a)[6] above;
(d)
The proposed location and dimensions of streets, drives, parking
areas, curb cuts, streetlights, and driveway aprons;
(e)
The proposed drainage system in general;
(f)
The proposed landscaping in general;
(g)
A proposed limit-of-work line outside of which no land or natural
features will be disturbed; and
(h)
A note indicating amounts of earth material being removed, added,
or reused on site.
(5)
Street layout and profile plans: prepared by a civil engineer, with
each street shown on a separate sheet and consisting of a street layout
plan and a street profile plan matching the street layout plan, as
follows:
(a)
Street layout plans that show the layout of each proposed street
within the development and beyond it to the limit of the proposed
construction necessary to provide adequate access and connection to
municipal services:
[1]
The length of each straight segment to the nearest one-hundredth
of a foot and the bearing of them to the nearest five seconds;
[2]
The length, central angle, radius and length of tangent for
each curved segment to the same degree of precision as the straight
lines and clearly identifying each non-tangent curve;
[3]
All existing and proposed construction features, such as pavement,
walks, curbs or berms, drains, catch basins, manholes, sewers, water
mains, other underground conduits where known, retaining walls, traffic
islands, grass plots, and gutters;
[4]
Center-line stations designated at one-hundred-foot intervals
at or opposite points of tangency;
[5]
Angles in the street line, manholes, catch basins and culverts;
and
[6]
Sight lines for entering and merging traffic at street intersections
and driveway intersections and other necessary data pertaining to
traffic safety.
(b)
Street profile plans that match the street layout plans and are located
either above or below them for ease in locating corresponding points:
[1]
The existing sidelines and existing and proposed center lines
with elevations every 50 feet and at all high and low points;
[2]
The grade of the principal segments of the proposed street,
showing the location of vertical curves and corresponding data;
[3]
All proposed sewers, drains, catch basins, manholes, cleanouts,
siphons and other appurtenances identifying the material, class or
strength and size of sewers and drains and the grade for each section
of them in percent; and
[4]
The center-line stations and invert elevations of all catch
basins, manholes, cross drains or culverts.
(6)
Utilities plan. A plan prepared by a civil engineer, showing:
(a)
The location and size of existing water mains, fire hydrants, sanitary
sewers, and storm drains; and
(b)
The proposed location and size of utilities to be constructed on
the site and their proposed connections to existing utilities, and
any special features, such as culverts or pumping stations, that might
affect the ability of the Town to service the development.
(7)
Landscape plan. A plan prepared by a landscape architect, showing:
(a)
Existing and proposed grades.
(b)
The existing vegetative cover to be retained.
(d)
Existing and proposed stone walls.
(e)
Proposed building footprints, walls, fences, parking spaces, loading
bays, driveways, walks, storage areas, rights-of-way, easements, and
location of structures on, and the uses of, abutting properties.
(f)
A plan and plant schedule giving botanical and common names of plants
to be used, size at time of planting, mature size, rate of growth,
quantity of each, location and method of any excavation and soil preparation,
and the spacing and location of all proposed trees, shrubs and ground
covers.
(g)
Proposed street furniture, such as regulatory and informational signs,
benches, hydrants, streetlighting standards, postal boxes, transformer
pads and the like.
D.
Information
Required. The following information must be included in the application:
(1)
Hydrologic and drainage analysis. Hydrologic and drainage analysis prepared by a civil engineer, documenting compliance with Section 7.5, Stormwater Management, of these Regulations.
(2)
Soil surveys, test pits, and test borings. Test pits and test borings
prepared by a civil engineer, taken at one-hundred-foot intervals
at the proposed station points as described in the street layout and
profile plans and at the proposed location of any infiltration structures,
or at such other points as the Town Engineer may request.
(3)
Deeds or easements. Drafts of any deed, easement, covenant, or restriction
offered to the Town.
(4)
Site development conditions. Proposed conditions limiting parts of
the site, maintaining or enhancing existing natural features, making
site improvements or landscaping, or accepting or assigning responsibility
for maintenance.
(5)
Off-site improvements. Proposals for mitigating measures or the design
or construction of off-site improvements (or financial contributions
for them) to deal with the impacts of the proposed development.
(6)
The methods for protecting plant materials during and after construction.
(7)
A written list of all waivers, if any are requested, from these Regulations.
(8)
If a preliminary subdivision plan was previously filed, a written
response to the Board's comments and recommendations in its decision.
(9)
If applicable, copies of agreements granting the applicant rights
essential to development of the land and construction work involved,
including the right of access to existing ways.
(10)
Easements. Draft language for both proposed permanent and temporary
easements.
(11)
Maintenance by owners. Draft documents providing for the operation
and maintenance of landscaping, streets, and utilities by the property
owners, including:
(a)
An operation and maintenance plan prepared by an engineer which
identifies necessary maintenance and inspection tasks both during
and after construction to maintain the proper and safe operation of
the drainage system. The Board may require that:
[1]
Inspections be performed after accumulation of specific depths
of sediment, after major storm events and at regularly established
time intervals.
[2]
Certain technical inspections be performed by an engineer;
[3]
Inspections or maintenance be performed at specific times of
the year when they are expected to be most effective.
[4]
A description of maintenance and the results of inspections
be reported to the Planning Office.
(b)
An agreement allocating the responsibility for and costs of
maintenance among the owners.
(12)
Phasing. A document describing:
(a)
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;
(b)
The approximate size and location of portion of the parcel to
be cleared at any given time and length of time of exposure; and
(c)
The phased construction, if any, of any required public improvements,
and how such improvements are to be integrated into subdivision development.
(13)
Copies of all reports, applications for permits, etc., or permits
issued, and all amendments to them, which are relevant to the decision
which the Board must make, which have been filed by the applicant
with all federal, state and local agencies, and all responses from
these agencies.
A.
Scope
of Decision. The Board must file a written decision with the Town
Clerk approving, approving subject to conditions, or disapproving
the definitive subdivision plan. If the application is disapproved,
the Board must state in detail where the plan does not follow these
Regulations or the recommendations of the Board of Health.
B.
Approval
Criteria. An application for approval of a definitive subdivision
plan will be approved if it meets all of the following criteria:
(1)
The submittal complies with these Regulations and with the applicable
provisions of the Zoning Bylaw;
(2)
The application follows the procedural requirements of these Regulations;
(3)
The plan meets the standards for site design set forth in Section
175-7.0 of these Regulations; and
(4)
The Board of Health has approved the plan, and a favorable recommendation
sent to the Board, or 45 days from the date of filing with the Board
of Health has elapsed without a recommendation sent to the Board.
C.
Time
for Decision. The Board's decision must be filed with the Town Clerk
within 90 days of the filing for a definitive plan for which a preliminary
subdivision plan has been filed, and within 135 days for a definitive
plan for which no preliminary subdivision plan has been filed. These
deadlines may be extended by mutual agreement between the applicant
and Board.
D.
Board
Failure to Act. If the Board fails to act upon an application or fails
to notify the Town Clerk of its action, within the required time,
or within the time as may be extended, the plan must be deemed to
be approved.
E.
Appeal
of Decision to Court. The applicant, any municipal officer or board,
or any person aggrieved by the decision of the Board, or by the failure
of the Board to take final action within the time prescribed herein,
may appeal to the Superior Court of Middlesex County or the Land Court.
Such appeal must be entered within 20 days after the Board's decision
is filed with the Town Clerk or within 20 days after the expiration
of the time prescribed herein if the Board has failed to take final
action.
The Board must include the conditions set forth below in any
approval of a definitive plan.
A.
Failure
to Obtain Endorsement. The applicant must obtain the endorsement of
the Board within 180 days of the date of approval. Failure to do so
may result in the rescission of the approval.
B.
Failure
to Complete Construction. The applicant must complete the construction
of all ways and services within two years of the date of endorsement
of the definitive plan. Failure to do so may result in the rescission
of the approval of such plan, unless the Board extends said period,
for good cause shown, after the written request of the applicant not
less than 30 days before the expiration of said period.
C.
Construct
Streets and All Required Utilities. As a condition of approval of
a subdivision, the applicant agrees to construct streets and complete
all other work specified on the definitive plan or required under
these Regulations, meet all relevant provisions of the Zoning Bylaw
and other bylaws, including installation of required utilities in
such subdivision, and all work incidental to them, such as grading
of lots to provide drainage, construction of retaining walls and other
details or as specifically required by the Board.
D.
Perpetual
Rights and Easements.
(1)
As a condition of approval of a subdivision, the owner must grant
to the Town a right and easement to construct, repair, replace, extend,
operate, use and forever maintain all 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.
(2)
In consideration of being allowed to connect to the public street
system and to enable the Town to protect public health and safety,
the owner must grant the Town the perpetual right or easement to pass
and repass over the streets and easements in the subdivision, and
to use, operate, inspect, repair, renew, replace, and forever maintain
the streets, street signs, and all appurtenances or components of
them, in all of the subdivision and outside it if installed to serve
the subdivision. To accomplish this, the owner must retain and reserve
the necessary rights and easements in any conveyances or mortgaging
of land or lots and in the recording of plans and easements.
(3)
The owners must grant the Town the right to enforce on-street parking
regulations within the subdivision and on any streets connecting the
subdivision to the public street system. For projects that include
minor streets, an instrument prohibiting parking and granting the
Town enforcement rights will be required.
E.
Post-Construction Responsibilities of Owners. Notwithstanding the provisions of Section 6.3D, it is the responsibility of the owners and owners' successors in title to all or any portion of the subdivision to maintain the landscaping, streets, and utilities within the subdivision until formally accepted by the Town. The owner must provide a supplemental covenant agreeing to maintain the streets and utilities, including snow removal, and permitting the Town to maintain them if necessary at the expense of the owners.
A.
Plan.
If no notice of appeal has been filed with the Town Clerk, or if an
appeal has been taken and disposed of in a way which leaves the definitive
plan approved and the Town Clerk has endorsed the plan to that effect,
any required modifications have been made or referred to on the plan,
together with any conditions of approval, and the agreed-upon security
has been accepted by the Board, the Board must endorse its approval
on the plan, including the dates of approval and of endorsement, and
return the plan originals to the applicant. The applicant must record
the original property rights and dimensional standards plan and street
layout and profile plans in the Registry of Deeds or file the property
rights and dimensional standards plan in the Land Court, as appropriate,
within 180 days of the date of approval. The applicant must inform
the Board in writing of the date and book and page or document number
of recording.
B.
Certificate
of Action. The certificate of action and any easements and covenants
must be recorded at the same time as the plans.
C.
Supplemental
Covenant. The Board may require, before the endorsement of the definitive
plan, a supplemental covenant containing those conditions of approval
that are intended to survive the release of the statutory covenant.
The Board's Legal Counsel must approve such covenant as to form. Such
covenant must be executed and duly recorded by the owners of record,
and must run with the land. The covenant must be referenced on the
definitive plan before recordation in the Registry of Deeds. The applicant
must promptly, after recording, send a copy of the covenant, showing
book and page number, to the Board.
A.
Security
for Construction of Ways and Improvements Required. The Board must
not endorse its approval on the plans until security for the construction
of ways and the installation of the required municipal services and
other improvements to serve the subdivision has been provided. One
of the methods in this section must be selected but may be varied
from time to time by the applicant, so that different parts of the
subdivision may be secured by different methods, as long as the entire
subdivision is secured by one method or another.
B.
Bond
or Surety. The applicant may give a bond, bankbook, or other readily
negotiable security in the amount estimated by the Board to fully
cover the cost, including inflation and contingencies, of constructing
the ways and installing the municipal services or utilities to serve
the lots enumerated in such bond or in a separate agreement referring
to such bond. Such bond or security if filed or deposited must be
approved as to form by the Board's Legal Counsel and as to sureties
by the Town Treasurer. Such bond or security must be contingent on
the completion of such improvements no later than three years from
the date of the endorsement of the definitive plan. Failure to so
complete will result in the automatic rescission of the approval of
the definitive plan by the Board, unless the Board extends said period,
for good cause shown, after the written request of the applicant before
the expiration of said period. Upon satisfactory performance of all
required work, the bond or other security may be released by a vote
of the Board and returned to the applicant. Upon failure to satisfactorily
complete the work within the time specified, or within such further
time as the Board may grant, the Board must have the right to enforce
said bond or realize upon other security to the extent necessary to
complete the work to the satisfaction of the Board. In accordance
with MGL c. 41, § 81U, the Board may expend the proceeds
of such bond or deposit not exceeding $25,000 without specific appropriation
by the Town, provided the Select Board approves the expenditure. At
the anniversary date of posting of a bond or other security and when
circumstances otherwise call for such action, the Town may verify
that the security is still in force and effect and that the surety
or financial institution is solvent and capable of paying the required
amount.
[Amended 3-27-2019 ATM by Art. 34]
(1)
Amount. In determining the amount of the bond or surety, the Board
will be informed by the following formula in setting the sum of the
security:
(2)
Required terms. All performance bonds must contain the following
provision:
|
If the Principal fully and satisfactorily observes and performs
per the qualifications and time schedule set forth here specified
all the covenants, agreements, terms, and provisions in the following:
| |
|
(a)
|
The application for definitive plan approval;
|
|
(b)
|
The Subdivision Control Law and the rules and regulations of
the Planning Board which govern this subdivision;
|
|
(c)
|
The Decision of the Planning Board dated _____ and attached
to this as Exhibit A; and
|
|
(d)
|
The definitive plan, as approved by the Planning Board in the
Decision;
|
|
Then this obligation is void; otherwise, it remains in full
force and effect and the sum must be paid to the Town of Lexington
as liquidated damages.
| |
(3)
The penal sum of the bond or the amount of other security may be
reduced from time to time by the Board upon request of the developer
upon the partial performance of the required improvements.
C.
Construction Mortgage Agreement. The applicant and the lending institution which provides a construction loan for the subdivision may enter into an agreement with the Board, whereby the lender must at all times retain a portion of the loan adequate to cover the cost of all outstanding work of construction of ways and installation of municipal services or other required improvements, and release portions of the amount so retained upon certification by the Board that the corresponding portion of the required work has been satisfactorily completed. Upon failure of the applicant to perform the required work within the agreed-upon period, the lender must make so much of the retained money as may be necessary to complete the required work available to the Board. Upon satisfactory completion of all required work, the applicant may request the release of the agreement and proceed in the same manner as under Section 6.6.
D.
Statutory
Covenant. Before the endorsement of the definitive plan, the applicant
may elect to submit a covenant for review by the Board stating that
no lot in the subdivision may be sold and no building may be erected
thereon until the improvements specified in the decision and on the
definitive plan are constructed and installed so as to adequately
serve said lot or lots. The Board's Legal Counsel must approve such
covenant as to form. Such covenant must be executed and duly recorded
by the owners of record, and must run with the land. Such covenant
must state that the improvements shown on the definitive plan must
be completed no later than three years from the date of the endorsement
of the definitive plan. Failure to so complete the improvements may
result in the rescission of the approval of the definitive plan by
the Board, unless the Board extends said period, for good cause shown,
after the written request of the applicant no less than 30 days before
the expiration of said period. The covenant must be referenced on
the definitive plan before recordation in the Registry of Deeds. After
recording, the applicant must promptly send a copy of the covenant
to the Board, showing the book and page number.
E.
Converting
Covenant to Another Performance Guaranty. 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
guaranty, a formal written request must be sent to the Board by registered
mail, which sets forth and includes:
(1)
Extent. 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.
(2)
Estimate. An estimate, under these Regulations, which reflects all
remaining costs related to the construction of all required ways and
installation of all required municipal services.
(3)
Form and type. The form and type of guaranty being given to the Board
to secure all remaining improvements.
(4)
Board action. The 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 guaranty will be given to the Board.
Upon acceptance by the Board of the new performance guaranty, all
applicable lots must be released from the covenant.
F.
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 Board release the bond, deposit of money or
negotiable security, or agreement and mortgage previously furnished
to secure such construction and installation, the applicant must submit
to the Board a reproducible tracing and three contact prints of the
reproducible tracing of the definitive plan, limited to that part
of the plan which is to be subject to such covenant. Upon approval
of the covenant by the Board, reference to them must be inscribed
on such section of the plan, and it must be endorsed by the Board
and recorded with the covenant at the expense of the applicant. Certified
copies of all documents that the applicant records at the Registry
of Deeds must be provided to the Board as in these Regulations.
A.
General.
Upon completion of required improvements, security for the performance
of which was given by the bond, deposit, or covenant, or upon the
performance of any covenant with respect to any lot, the applicant,
at his expense, must send by registered or certified mail to the Town
Clerk and the Board a written statement that the said construction
or installation which has been secured in connection with such bond,
deposit, covenant or agreement has been completed per the requirements
contained in these Regulations. Such statement must contain:
(1)
Name and address of the applicant.
(2)
A compliance certificate signed by the applicant and signed and sealed
by his engineer stating that the development has been completed according
to the Rules and Regulations of the Planning Board and the bylaws
of the Town of Lexington.
(3)
Copies of or reference to the requisite number of inspection forms
and reports.
(4)
An as-built plan. (See below.)
(5)
A written certification by the Board's engineer that construction
of all ways and sidewalks, installation of monuments, street signs,
pavement, lighting, gutters, and curbs, required grading and drainage,
water mains, hydrants and appurtenances, all sewer mains and appurtenances
and planting and seeding has been completed per the definitive plan.
(6)
When applicable, a written certification from the Board of Health
that the installation of sewage disposal facilities has been performed
satisfactorily.
(7)
Copies of or reference to the necessary instruments, executed by
the applicant, transferring to the Town all utilities and easements
as shown on the definitive plan. (See below.)
B.
Refusal.
If the Board determines that said construction or installation has
not been completed, it must specify to the Town Clerk and to the applicant,
in writing by registered or certified mail, return receipt requested,
the details wherein said construction and installation must have failed
to follow the requirements contained in these Regulations.
C.
Constructive
Release. Upon failure of the Board to act on such application within
45 days after receipt of them by the Town Clerk and the Board, all
obligations under the bond must cease and terminate by operation of
law, and any deposit must be returned and any covenant must become
void. If that said forty-five-day period expires without such specification,
or without the return of the deposit or release of the covenant as
previously mentioned, the Town Clerk must issue a certificate to such
effect, duly acknowledged, which may be recorded.
D.
As-Built
Plans. The following as-built plans and profiles, prepared by an engineer
or land surveyor, based on an on-the-ground survey done within six
weeks of submittal, must be submitted to the Board following the completion
of construction and, in addition, at such time during the course of
construction as may be required by the Planning Office or Town Engineer.
These may be new plans or full-size prints of the approved definitive
plans showing in red or other clearly distinguishable color all differences
between the approved and the actual construction. Where the departures
are considered significant, the Board may require corrective work
or may require engineering calculations to substantiate acceptability
of work as done. All submitted material must also be supplied in digital
form, as described in Section 3.3.E(4).
(1)
A street layout plan, typically at a scale of one inch equals 40
feet, in a form approved by the Town Engineer as suitable for submission
to the Town Meeting for street acceptance for purposes and for filing
in the Registry of Deeds.
(2)
A plan and profile, typically at a scale of one inch equals 40 feet,
detailing street locations, house locations, if any, and grades and
the location and elevation of all underground utilities and appurtenances,
including rim grades, percent of slope for sewer and drain lines,
and contours, of two-foot intervals, for a distance of 40 feet from
the sideline of any street layout, utility easement, the boundaries
of any resource protection zoning district, and the boundary of any
area which the Conservation Commission has previously determined to
be subject to MGL c. 131, § 40, "as built."
(3)
The engineer must obtain, from actual field survey and other sources
as may be necessary, such information as is necessary to properly
identify any as-built locations of all underground utilities.
A.
General.
Under MGL c. 41, § 81W, the Board may, upon its own motion
or upon the request of any person interested, amend, modify or rescind
the approval of a definitive plan. Failure to follow these Regulations
or the specifications and conditions in the approval of the definitive
plan may constitute a basis for such action by the Board. Such action
may include the utilizing of any security posted by the applicant,
the rescission of subdivision approval and all other measures provided
by law.
B.
Procedure.
The procedure for the amendment, modification, or rescission of a
definitive plan, under MGL c. 41, § 81W, must conform to
the requirements, to the maximum extent practicable, for approval
of an original definitive plan as set forth here.
C.
Effect.
The amendment, modification, or rescission of a definitive plan may
not affect lots sold or mortgaged by the applicant per MGL c. 41 § 81W.
