It is required that the Applicant first read the Regulations
carefully and thoroughly and then meet informally with the Board and/or
its representative with a sketch plan of the area of a proposed subdivision
in order to obtain information about the subdivision requirements
for the area. Any uncertainties about the Regulations should be raised
during this initial consultation. Informal discussions with other
Town officials would prove helpful at this point; these would include
at a minimum the Director of Public Works, the Health Agent, the Conservation
Agent, the Principal Assessor, and the Board of Fire Engineers.
A Preliminary Plan of a residential subdivision may be, and
of a nonresidential subdivision shall be, filed for submission by
the Applicant with the Planning Board and with the Board of Health,
for discussion and approval, modification, or disapproval by each
Board. The submission of a Preliminary Plan will enable the Applicant,
the Board, other municipal agencies and owners of property abutting
the subdivision to discuss and clarify the problems of such subdivision
before a Definitive Plan is prepared. Therefore, it is strongly recommended
that the Preliminary Plan be filed in every case.
A.
Submission: Any person who desires approval of a Preliminary Plan
for the subdivision of land shall:
(2)
Submit a preliminary draft of an Environmental Analysis including a soils map in accordance with the provisions of § 117-18C. It is understood that most issues can be discussed only qualitatively at this stage of design;
(3)
Submit an original Preliminary Plan, in the form hereinafter set
forth, and ten contact prints thereof to the Planning Board and two
contact prints thereof to the Board of Health; and one set, of electronic
files thereof in PDF format;
(4)
File by delivery or by registered or certified mail, postage prepaid,
a written notice with the Town Clerk accompanied by a copy of the
completed application. If notice is given by delivery, the Town Clerk
will, if requested, give a written receipt therefore; and
(5)
Submit, with the Preliminary Subdivision application, an application
fee in the form of a check or money order, payable to the Town of
Newbury, in accordance with the Town of Newbury Planning Board fee
schedule. The Applicant shall be responsible for additional costs
incurred relating to the preliminary subdivision plan. These costs
shall include, but not be limited to: legal advertising, notification
of abutters by registered and/or certified mail and any review fees
for technical consultants' review of the plans.
B.
Form and contents of a Preliminary Plan: The Preliminary Plan shall
be drawn on a reproducible transparency at a suitable scale and shall
contain the following information:
(1)
Proposed subdivision name or identifying title, boundaries, north
point, date, scale, legend and title "Preliminary Plan," and block
for approval;
(2)
Names and addresses of Record Owner(s), Applicant(s), and Engineer,
Surveyor or other designer of the preliminary layout, with professional
stamp;
(3)
Names and location of all abutters as they appear on the most recent
tax list, as certified by the Newbury Assessor's Office;
(4)
Existing or proposed lines of streets, sidewalks, ways, lots, easements
and public or common areas within the subdivision in a general manner;
(5)
Names, approximate location and widths of streets adjacent to the
subdivision;
(6)
Approximate boundary lines of all proposed lots or divisions of land,
with their approximate areas and dimensions. Lots shall be numbered
in sequence;
(7)
Proposed system of drainage, and all natural water and drainage systems
on the site, including, but not limited to the approximate location
of all swamp, salt marsh, and wetlands, water bodies, vernal pools,
perennial and intermittent streams, open drains and ditches, natural
or manmade, and flowage rights, public and private, adjacent to or
within the proposed subdivision, in a general manner;
(8)
Zoning classification(s) and location of any Zoning District Boundaries,
including overlay zoning such as flood plain or wetlands, which may
lie within the subdivision;
(9)
The existing and proposed topography of the land at 2 ft. contour
intervals;
(10)
The volume of earth to be removed, if applicable, or a statement
that no earth is to be removed from the subdivision in conjunction
with construction;
(11)
The existing tree line and the area(s) of trees to be removed;
(12)
The location, boundary lines, area and dimensions of all wetlands
(as defined in G.L., Chapter 131, Section 40, as amended) situated
on each lot within the subdivision; and
(13)
Boundaries of the 100 year flood plain according to the latest
FIRM maps and of the Great Marsh Area of Critical Environmental Concern
(ACEC).
C.
Review of the Preliminary Plan: Upon acceptance of a Preliminary
Plan application, the Planning Board shall post one set of Preliminary
Plans in the Town Hall for public review and shall forward one set
of Preliminary Plans to the Conservation Commission, the Highway Department,
the Board of Fire Engineers, and the applicable Water District Commission.
Within 30 (thirty) days of receipt of the Preliminary Plan, each agency
shall report its findings and recommendations to the Planning Board.
If a department does not respond within this period of time, it will
be presumed that it has no objection to the Plan.
D.
Approval, Modification or Disapproval: As soon as practicable after
accepting the submission, the Planning Board and the Board of Health
will study the Preliminary Plan and discuss it with the Applicant.
Within 45 (forty-five) days of submission the Planning Board shall
approve the Preliminary Plan with or without modifications suggested
by it or agreed upon by the Applicant, or shall disapprove the Preliminary
Plan, stating in detail the reasons for such disapproval. The Planning
Board shall send notice of its action to the Town Clerk and, by certified
mail, to the Applicant. Approval of the Planning Board does not constitute
approval of a Subdivision, but does facilitate the procedure in securing
approval of a Definitive Plan. No Register of Deeds shall record a
Preliminary Plan.
A.
Submission: Any person who desires approval of a Definitive Plan
for a subdivision of land shall:
(2)
Submit an original Definitive Plan, in the form hereinafter set forth,
with twelve (12) contact prints and one set of PDF files thereof to
the Planning Board and two contact prints thereof to the Board of
Health. The Definitive Plan shall be prepared by a Professional Civil
Engineer and Professional Land Surveyor, and each separate plan sheet
shall bear the appropriate seal and signature of the Professional
Civil Engineer and Professional Land Surveyor who prepared the Plan
sheet.
(3)
Submit an Environmental Analysis, in accordance with the provisions of Subsection § 117-18C below.
(5)
Submit, with the Definitive Subdivision application, by check or
money order payable to the Town of Newbury, an application fee in
accordance with the Town of Newbury Planning Board fee schedule. The
Applicant shall be responsible for additional costs incurred relating
to the definitive subdivision plan. These costs shall include, but
not be limited to: legal advertising, notification of abutters by
registered and/or certified mail and all review fees for technical
consultants' review of the plans;
(6)
Submit a list, certified by the Assessor's Office, of all owners
of land abutting the land included in the Subdivision Plan as they
appear on the most recent tax list, including property owners on the
opposite side of any street or water body abutting the subdivision
;
(7)
Submit a list of requested waivers, with justification thereof;
(8)
Submit a proposed schedule for prosecution of the work, including
permitting, infrastructure construction, and construction of homes
on individual lots;
(10)
File by delivery or by registered or certified mail, postage
prepaid, a written notice meeting the requirements of G.L. c.41, Sec.
81T, with the Town Clerk, accompanied by a copy of the completed application.
If notice is given by delivery, the Town Clerk will, if requested,
give a written receipt thereof.
B.
Form and contents of a Definitive Plan: The Definitive Plan shall
be prepared in permanent ink upon mylar. The sheet size shall be 24
x 36 inches and the drawing shall be at a scale of one inch equals
forty feet (1:40) or such other scale as the Board may approve. Where
a plan requires multiple sheets, the plan shall be accompanied by
an index sheet that shows the proposed layout of the entire subdivision
and lists the title of each subsequent sheet. The sheets shall be
numbered consecutively in the lower right hand corner, and a small
scale key plan shall be shown on each sheet showing the entire subdivision
and denoting the location within the subdivision of the portion shown
on the larger scale plan. Match lines shall be provided. A glossary
of terms and symbols that explains the terms and symbols used in the
plan set shall be provided on the title sheet. The Definitive Plan
shall contain, at a minimum, the following information:
(1)
A title block on each plan sheet that sets forth the following:
(a)
The name of the proposed subdivision;
(b)
The date of the plan and each revision date;
(c)
The scale of the plan;
(d)
The name and address of the subdivision Applicant;
(e)
The name and address of each owner of record;
(f)
The name and address and telephone number and seal and signature
of the Professional Civil Engineer and Professional Land Surveyor
who prepared the plan;
(g)
A north arrow;
(h)
NAVD88 bench marks;
(i)
The name of the plan sheet; and
(j)
The number of the plan sheet.
(2)
Adequate space above the title block for the Planning Board's
endorsement and the Town Clerk's certification, with spaces for
annotating the date of approval and endorsement and certification.
(3)
A locus map on the title sheet at a scale not greater than one (1)
inch equals one thousand (1,000) feet showing the streets in the immediate
vicinity.
(4)
Assessor's Map and Lot reference information for the parcel(s)
to be subdivided and for all abutting parcels.
(5)
Name and location of all abutters as they appear on the most recent
tax list, including names of owners of land separated from the subdivision
only by a street or water body.
(6)
The Zoning Classification and dimensional requirements and location
of any Zoning District boundaries within the locus, including overlay
zoning. If required by the Board, the plan shall show the setbacks,
side yards and rear yards for each lot together with a potential house
site, well location and an area which the Board of Health may deem
suitable, based on soils examination and test pits, for a sewage disposal
system for such lot. The Board will require this information for subdivisions
located in areas with relatively high percentages of areas in ledge
or wetlands.
(7)
Location, names, and present widths and grades of existing public
and private ways bounding, approaching, or within reasonable proximity
of the subdivision, with location of existing water, electrical, cable,
gas, and telephone lines, fire hydrants, drainage facilities, and
other utilities and infrastructure.
(8)
Lines of proposed streets, ways, and easements and location, dimensions,
and area of all proposed lots and public or common areas within the
subdivision, including sidewalks, drainage, and open space. Lot numbers
shall be shown and enclosed in a circle.
(9)
Proposed street names, which shall not be final until they have been
approved by the Board.
(10)
Location of proposed water, electrical, cable, gas, and telephone
lines, fire hydrants, drainage facilities, and other utilities and
infrastructure.
(11)
Sufficient data to determine the location, direction, width,
and length of every existing and proposed street and way line, lot
line, boundary line, and easement shown on the plan so as to establish
these lines on the ground. Closure information shall be provided to
indicate all street corners with a relative error of closure of property
line traverse that shall be less than 1 part in 12,000. All monuments
referenced in the closure calculations shall be indicated on the plan.
A closure certification shall appear on the surveyor's drawing
and be signed and stamped by the surveyor. A copy of traverse notes
shall be furnished to the Planning Board upon request. The center
line of the proposed street(s), easement(s), and major boundaries
of the subdivision shall be staked out on the ground prior to application
and shown on the Definitive Plan. If staking of road center lines
is not feasible due to forest or brush cover, center lines may be
located approximately by flagging, so that the Board and other interested
parties can adequately identify their route.
(12)
Acreage, including total upland areas on the subject property
and total wetland areas on the subject property and within 100 feet
of each lot line.
(13)
Location of all existing major site features, including, but
not limited to: stone walls; fences; buildings on the property and
all buildings within 100 feet of the property limits; all trees over
six (6) inches in diameter at 4' 0" above the ground to be saved
within the proposed right of way; rock ridges and outcroppings; bodies
of water; natural waterways; the limits of all wetlands and buffer
zones on and within 100 feet of the subdivision; all streams, including
perennial and intermittent streams located on the property and within
200 feet of the subdivision; flood plains located on the property
and within 200 feet of the subdivision; boundary of the Great Marsh
ACEC located on the property and within 200 feet of the subdivision;
and all existing culverts and drains on the property and within 200
feet of the subdivision.
(14)
Existing and proposed topography at two-foot contour intervals
and, in differentiating symbols, the location of the 100-year flood
zone, as shown on FEMA's Flood Insurance Rate Map (FIRM) in effect
at the time of the application, if encountered in or within 200 feet
of the subdivision, with the Base Flood Elevation, and the location
of the Great Marsh ACEC if encountered in or within 200 feet of the
subdivision. Elevations shall be shown in relation to NAVD 1988.
(15)
Existing and proposed stormwater drainage systems and easements
pertinent thereto, including drainage areas inside the subdivision,
areas outside the subdivision which drain into it, and the route for
all existing and proposed drainage discharging from the subdivision
to the primary receiving water course or other body of water. Design
and calculations shall be in accordance with the Town of Newbury Stormwater
Management, Illicit Discharge, and Erosion Control Rules and Regulations.
Cross sections of each drainage ditch or pond shall be included.
(16)
Size and location of existing and proposed wells, water supply
mains and their appurtenances, hydrants, sewer pipes and their appurtenances
and sewage disposal systems, curbs and curb dimensions.
(17)
Location of all permanent monuments, properly identified as
to whether existing or proposed.
(18)
Evidence that the Applicant is pursuing wetlands permits (as
required) in a parallel permitting process.
(19)
The volume of earth to be removed, if applicable, or a statement
that no earth is to be removed from the subdivision in conjunction
with construction.
(20)
Location of historic features or landmarks and wildlife habitats
and corridors.
(21)
Street plan profile and section: A Profile Plan at a horizontal
scale of 40 feet to the inch and vertical scale of four feet to the
inch showing:
(a)
Existing grades along the center and both side lines of the
street.
(b)
Proposed finished center line grades with elevations at every
50-foot station, location of vertical curves and gradients of even
grades and tangents of vertical curves.
(c)
The size and location of existing and proposed water mains,
sewer lines, storm drains and their appurtenances within and adjacent
to the subdivision, on the profile.
(d)
The location and elevation of the starting bench mark and at
least one other bench mark. All elevations shall refer to NAVD 1988.
(e)
Typical sections of roadways showing widths and grades of street
lines, roadway pavement, sidewalks, grass strips and side slopes,
location and size of water, sewer, drain, and gas lines. The depth
of roadway pavement, sidewalks, base courses and all underground utilities.
C.
Environmental Analysis: An Environmental Analysis shall be prepared
by an interdisciplinary team headed by a land planner, registered
landscape architect, or similar professional approved by the Board.
The team shall also include a qualified environmental biologist and
a qualified soils scientist.
(1)
A set of plans at uniform scale shall be submitted, encompassing
the entire subdivision on a single sheet not larger than the Definitive
Plan. An electronic version of the plans in PDF format shall also
be submitted. The plans shall show the following:
(a)
The same data as on the Definitive Plan, reproduced as a clear
acetate or mylar overlay;
(b)
Topography at two-foot contour intervals, with graphic drainage
analysis; indication of annual high water mark, known high water mark,
location of existing structures including fences and walls;
(c)
Vegetative cover analysis including identification of general
cover type (wooded, cropland, brush, wetland, etc.), location of all
major tree groupings, plus other outstanding trees or other botanical
features, important wildlife habitats, and identification of areas
not to be disturbed by construction;
(d)
Soil types, based on the U.S.D.A. Soil Conservation Service
Soils Study, of the Town of Newbury, approximate ground water level,
location and results of percolation tests or other subsurface examinations;
(e)
Visual analysis, including analysis of scenic vistas, and locations
of visual prominence;
(f)
Location of surface water bodies, wetlands, aquifer or recharge
areas for existing or potential drinking water supplies.
(g)
The Board may waive the Environmental Analysis requirement on
subdivisions of 5 lots or less.
(2)
A narrative statement shall be submitted, documenting the following,
with references to the above plans:
(a)
Impact upon surface water quality and level;
(b)
Impact upon groundwater quality and level;
(c)
Effects on important wildlife habitats, outstanding botanical
features, scenic or historic sites or buildings;
(d)
Capability of soils, vegetative cover and proposed erosion control
measures to support proposed development without erosion, silting
or other instability. This statement shall be a required part of the
Definitive Plan whether or not the Board waives the balance of the
Environmental Analysis requirements;
(e)
Relationship to G.L. c. 131 §§ 40 (Land Bordering
Waters) and 40A (Inland Wetlands), and c. 130, § 105 (Coastal
Wetlands).
(f)
Anticipated traffic flow and impact of the proposed subdivision
on the roadway(s) giving access to the subdivision; and
(g)
The estimated number of inhabitants of the subdivision and the
effect of the project on public services such as water, sewer, schools,
police, fire and waste disposal.
(3)
Hydrological/Drainage calculations as required by the Rules and Regulations,
Town of Newbury Stormwater Management, Illicit Discharge and Erosion
Control.
D.
(Reserved)
E.
Review procedure.
(1)
Board of Health: The Board of Health shall, within 45 days after
the definitive subdivision plan is filed, report to the Planning Board
in writing its approval or disapproval of the plan, as required by
MGL c.41, § 81U. In the event of disapproval, this report
shall make specific findings as to which, if any, areas shown on the
plan cannot be used for building sites without injury to the public
health, and shall include the reasons for such findings, and, where
possible, shall make recommendations for the adjustments thereof.
Failure of the Board of Health to report shall be deemed approval
by such Board. If sufficient information is not available for the
Board of Health to provide such findings, this should be so stated.
When the definitive plan shows that no public or community sewer is
to be installed to serve any lot thereon, approval by the Board of
Health shall not be treated as, nor deemed to be approval of a permit
for the construction and use on any lot of an individual sewage system;
and approval of a definitive plan for a subdivision by a Board of
Health shall not be treated as, nor deemed to be, an application for
a permit to construct or use an individual sewage system on any lot
contained therein.
(2)
Other agencies: Upon acceptance of a Definitive Plan application,
the Board shall forward one set of the Definitive Plan to the Conservation
Commission, Highway Department, Board of Fire Engineers and the applicable
Water District Commissioners. Each agency shall review the Plan to
assess the Plan's compliance with the design standards herein
and shall submit findings and recommendations to the Board in writing,
within 45 days.
(3)
The Planning Board may require the Applicant to design and make improvements
to roads, utilities, or other services or facilities outside of the
planned subdivision if they help to mitigate or lessen the impacts
of the development or improve safety or services in the area.
F.
Public hearing.
(1)
Before approval, modification or disapproval of the Definitive Plan
is given, a public hearing shall be held by the Board. The hearing
is open to the public so that the Applicant may appear in his or her
own behalf or be represented by an authorized agent; the Applicant
or his or her agent shall be prepared to present the plans for the
proposed subdivision and answer questions so that the Chairperson
may allow all those in favor and in opposition to speak and ask questions,
etc.
(2)
Notice of the time and place of such hearing shall be given by the
Board at the expense of the Applicant by advertisement in a newspaper
of general circulation in the Town of Newbury, once in each of two
successive weeks, the first publication being not less than 14 (fourteen)
days before the day of the hearing. A copy of said notice shall be
mailed to the Applicant and to all abutters. Responsibility for this
mailing shall rest with the Applicant. The Applicant shall provide
the Planning Board with evidence that the mailing has been sent.
G.
Approval, modification or disapproval:
(1)
The Planning Board shall approve, modify and approve, or disapprove
with reason, the definitive plan and shall file with the Town Clerk
a certificate of such action within the following time periods after
the definitive plan submission is accepted.
(2)
Failure of the Planning Board either to take final action or to file
with the Town Clerk a certificate of such action regarding the definitive
plan within the required time, or such further time as may be agreed
upon at the written request of the Applicant, shall be deemed to be
an approval thereof. Notice of such extension of time shall be filed
forthwith by the Planning Board with the Town Clerk.
(3)
The Planning Board shall send notice of its action by certified or
registered mail, postage prepaid, to the Applicant at the address
stated on the application. Any interested party wishing a brief summary
of the Board's action should submit a written request thereof,
with the name and address of the person to whom the summary should
be sent.
(4)
If the Conservation Commission finds that the Wetlands Protection
Act is applicable, the Planning Board may make its final approval
of the plan contingent on Conservation Commission approval.
H.
Performance guarantee: Before endorsement of its approval of the
plan, the Planning Board will require that the construction of ways
and the installation of municipal services be secured in accordance
with the Rules and Regulations of the Board by one, or in part by
one and in part by another, of the following methods, which method
or combination of methods may be selected and from time to time varied
by the Applicant:
(1)
By a proper performance bond in the form appended hereto marked Form
F1 (Surety Agreement for a Bond) or a deposit of money in the form
appended hereto marked Form F2 (Agreement to Secure Performance by
a Deposit of Money) or F3 (Agreement to Secure Performance by a Bank
Passbook) or negotiable securities in the form appended hereto marked
Form F4 (Agreement to Secure Performance by a Deposit of Negotiable
Securities),[2] in an amount determined by the Board to be sufficient
to cover the cost of the construction of ways and the installation
of municipal services required for lots in the subdivision shown on
the plan. The Planning Board shall require that the Applicant specify
the time within which such construction shall be completed and each
bond or deposit shall be contingent upon the timeframe agreed upon.
Each bond filed shall be approved as to form, manner of execution
and sureties by the Town Counsel and all deposit agreements shall
be approved as to form and manner of execution by the Board.
[2]
Editor's Note: Said forms are on file and available in
the Town offices.
(2)
By a covenant in the form appended hereto marked Form D (Restrictive
Covenant),[3] executed and duly recorded by the owner of record and
noted on the plans, running with the land, whereby such ways and services
shall be provided to serve any lot before such lot may be built upon
or conveyed, other than by mortgage deed.
[3]
Editor's Note: Form D is on file and available in the
Town offices.
(3)
By delivery to the Planning Board of an agreement in the form appended
hereto marked Form F5 (Tripartite Agreement)[4] executed after the recording of a first mortgage covering
the premises shown on the plan or a portion thereof given as security
for advances to be made to the Applicant by the lender, which agreement
shall be executed by the Applicant and the lender and shall provide
for the retention by the lender of funds sufficient in the opinion
of the Planning Board and otherwise due the Applicant, to secure the
construction of ways and the installation of municipal services. Said
agreement shall also provide for a schedule of disbursements which
may be made to the Applicant upon completion of various stages of
the work, and shall further provide that in the event the work is
not complete within the time agreed to by the Applicant and the Planning
Board, any funds remaining undisbursed shall be available for completion.
|
The amount of the performance guarantee shall be determined
by an estimate submitted by the Applicant and approved or modified
by the Planning Board and its Agent.
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Any covenant given under the preceding paragraph and any condition
required by the Board of Health shall be either inscribed on the plan
or contained in a separate document, referred to on the plan.
|
[4]
Editor's Note: Form F5 is on file and available in the
Town offices.
I.
Endorsement: Approval, if granted, shall be endorsed on the original
drawing of the Definitive Plan by the Board but not until the statutory
twenty-day appeal period has elapsed following the filing of the certificate
of the action of the Board with the Town Clerk and said Clerk has
notified the Board that no appeal has been filed.
J.
Copies of documents:
(1)
Following plan approval, endorsement, and recording, the Applicant
shall provide the Board with one mylar reproducible and five prints
of the Definitive Plan and one copy of final covenants and restrictions,
noting book, page number, and date of recording for each; and one
mylar reproducible and five prints of the Street Plan and Profiles.
(2)
Digital Data Submission Requirements:
(a)
Prior to final approval by the Planning Board, the Applicant
shall submit two (2) digital copies of the approved version of the
Definitive Plan on two Compact Disks or DVD media to the Planning
Board for review and approval. An alternative medium for the submission
of this data may be requested by the Applicant and agreed to by the
Planning Board prior to approval or endorsement. Acceptable file formats
include: AutoCAD*.dwg, AutoCAD*.dxf, ArcView*.shp, ArcInfo*.E00, or
other GIS compatible file format. The files must be identical to the
printed plan and contain all factual information included on the written
plan. The submission will be forwarded to the Regional Planning Commission
(Merrimack Valley Planning Commission). The RPC shall review the submission
and within 10 business days shall notify the Planning Board that the
submission does or does not comply with the requirements set forth
herein. Upon project completion a digital submission of the record
drawings conforming to the above requirements is required for final
release of the performance bond associated with any project.
(b)
All digital mapping data must be delivered in the Massachusetts
State Plane Coordinate system with a horizontal datum of NAD83, units
of U.S. survey feet, and a vertical datum of NAVD 88. Each plan must
include a minimum of one survey-derived (bearings and distances listed)
reference to a permanent in-ground feature such as a catch basin,
manhole, stone bound, municipal benchmark, or other readily identifiable
marker. The permanent in-ground feature should appear on the plan
in its as-built location and include sufficient bearings and distances
to be able to locate the feature relative to the property parcel(s).
The latitude and longitude of the in-ground feature must be provided
with survey grade accuracy (generally accepted to be accuracy of plus
or minus one foot). Where possible, all bearing and distances should
be adjusted for true north OR the Applicant shall provide a listing
of the number of degrees, minutes, and seconds of deviation between
true north and magnetic north.
(c)
Each feature type must be organized in the CAD or GIS data structure
as a separate layer. These may include, but are not limited to, separate
layers for: parcel boundaries, dimensions, buildings, roads, road
centerlines, surface water, wetlands. Multiple features represented
in a single CAD layer or GIS file will not be accepted. Any features
submitted in the electronic plan must be represented in their entirety
in an individual layer. All data shall be topologically clean, meaning
that polygons are closed (no overshoots or undershoots) and lines
connect at nodes. Features that naturally connect, such as driveways
to roads, must connect seamlessly. All text in AutoCAD files will
appear on top of other features and will be in separate annotation
layer. Features under text should not be erased or "broken" in order
to make the text clearer.
(d)
Documentation of the data format must be provided with a description
of the CAD layers and list of the types of features placed in each
layer. Submission of multiple files must also include a list of the
files and a description of their content.
(e)
The data submitted must include documentation on the method
used to gather the data, the name of the person(s) responsible for
preparing the data, contact information, an estimation of the horizontal
and vertical accuracy, and the date of data capture. Also included
must be: date of submission; street address of submitted plan; map
and lot of submitted plan; name of owner of record; and name of Applicant.
(f)
All digital files shall be high quality, free from any and all
defects and viruses, and labeled as to their contents.
(g)
A letter from the Planning Board verifying receipt of the digital
files and compliance with Planning Board standards shall be submitted
to the Applicant within five business days of receipt of review letter
from the RPC. Failure to submit such digital files to the Planning
Board and to obtain a compliance letter may be cause for the Planning
Board to rescind approval or not to endorse said plan.
K.
Layout and acceptance of streets and of ways: The approval of a Definitive
Plan does not constitute the laying out or acceptance by the Town
of streets shown on the plan. All streets and ways, drainage systems
and utilities shall remain the responsibility of the owner until the
same are accepted by the Town of Newbury. Prior to acceptance by the
Town of Newbury of any such street, the owner shall secure approval
of the improvements by the Board together with the full and complete
release of any performance guarantees.
(1)
The Applicant will be responsible for maintaining and plowing the
roads in order to ensure access of emergency equipment up until the
time that the road may be accepted by the town. In the event that
the town assumes this responsibility, the Applicant may be billed
for the cost of said maintenance and plowing.
L.
Release of performance guarantee.
(1)
Upon completion of improvements required by this regulation, and upon payment for inspection by the Planning Board's agent in accordance with the provisions of § 117-45, the Applicant may request either partial or full release of his bond, deposit or covenant by sending a statement of completion and request for release by registered or certified mail to the Planning Board and to the Town Clerk (Note: See "Form E Certificate of Performance" for lot releases[5]). Release will be granted only following written approval
by the Planning Board Agent and any other town officials concerned
with the work performed. Copies of release from covenants or agreements
regarding building or use and occupancy permits shall be sent by the
Planning Board to the Building Commissioner.
[5]
Editor's Note: Form E is on file and available in the
Town offices.
(2)
Partial release. The Board may grant partial release from such security
for partial completion of improvements, and payment of any outstanding
invoices for inspection by the Planning Board's Agent, provided
that the completed portion provides a reasonable system for circulation
and utilities pending completion of the rest, and provided that appropriate
arrangements have been made for completion. No partial release shall
be made until the Applicant submits a written estimate of cost to
complete the work and said estimate has been approved by the Planning
Board and the Planning Board's Agent.
(3)
Security. The Board may release the Applicant from the covenant upon
receipt of an agreement executed by the Applicant and by the holder
of a first mortgage on the premises providing for retention of funds
and their availability to the Town upon default (see c. 41, GL., § 81U,
Paragraph 11).
(4)
The Board shall in all cases retain security in an amount equal to
at least 20% of the total cost of improvements until the integrity
of road pavement and drainage has been verified following a full winter
in place, and an amount equal to at least 5% of the total cost until
trees and other vegetation have been established, and the fee has
been conveyed to the Town or three years have elapsed since completion
of the improvements.
(5)
Refusal of release. If the Planning Board determines that said construction
or installation has not been completed, it shall specify in a notice
sent by registered mail to the Applicant and to the Town Clerk the
details wherein said construction and installation fails to comply
with the requirements of this regulation.
M.
Record Drawings: Upon completion of construction, and before release
of the full performance guarantee, the Applicant shall have prepared
and submitted Record Plans at the same scale as the street plans,
which shall indicate the actual location of all of the following:
(1)
Street lines;
(2)
Roadway edges;
(3)
Path locations;
(4)
Permanent monuments;
(5)
Location and inverts of the required utilities and drainage;
(6)
Locations of any other underground utilities, such as electricity, telephone lines, and street lighting. The accuracy of such Record Plans shall be stamped by a Professional Land Surveyor or Professional Engineer retained by the Applicant, and approved by the Planning Board's Agent. Note that interim record drawings are required in conformance with § 117-57.
