A.
Any person wishing to cause to be recorded in the Registry of Deeds or filed with the Recorder of the Land Court a plan of land in the Town who believes that the plan does not require approval under the Subdivision Control Law, G.L., Chapter 41, Section 81P, may submit such plan to the Board with six prints thereof, the correct filing fee found in the Schedule of Fees in the Appendix hereto,[1] together with an application in the form shown as Form A in the Appendix hereto, which form may be changed from time to time by the Planning Board, and accompanied by the necessary evidence to show that the plan does not require approval, and also shall file (by delivery or registered mail, postage prepaid) with the Town Clerk a notice thereof stating the date of such submission and accompanied by a copy of the application. The applicant's attention is specifically called to the documentation requirements set forth in the definitions of "applicant" and "owner" in § 530-2.1 of these Rules. If the Board finds that the plan does not require approval, it shall, without a public hearing, endorse thereon the words "Approval under the Subdivision Control Law Not Required". Such endorsement shall not be deemed to constitute any determination of compliance with requirements of the Zoning By-Law.[2] If the Board determines that in its opinion the plan requires
approval, it shall within 21 days notify the Town Clerk and the applicant
of its determination to that effect.
[1]
Editor's Note: The appendix is included as an attachment to this chapter.
B.
Contents of plan believed not to require approval. Such plan shall
be at a scale of either one inch equals 40 feet or one inch equals
80 feet and shall include the date of the plan, scale, north point,
reference to the Assessor's Plan number and to recently recorded plans
for the parcel, the name of the person for whom the plan was prepared
or the name of the applicant, the name of the engineer or surveyor
preparing the plan and that person's seal and signature; and, for
a plan showing a new division of land the plan shall include:
(1)
The zoning district classification, including the Floodplain
and Watershed Protection District and all other wetlands and flood
area, frontage and dimensions of all existing lots whose dimensions
are altered by the Plan, of all proposed lots and of any contiguous
lots in common beneficial ownership with any land that is the subject
of the plan. The area of the Floodplain and Watershed Protection District
included within each lot shall be shown.
(2)
A locus plan at a scale of at least one inch equals 800 feet
containing sufficient information so that the land can be readily
located, including streets bounding or near the property.
(3)
For a compiled plan, the identity of the plans from which it
was compiled, and the identity of each plan referenced or relied upon
by the plan. Identity in each case shall include the title and date
of the plan, the person who prepared the plan, its date of preparation
and approval by the Planning Board and the recorded reference to the
Plan in the Registry of Deeds or Land Court.
(4)
The location of all existing and proposed buildings and structures.
A.
General. A Preliminary Plan of a subdivision may be submitted to
the Board and to the Board of Health by the applicant for discussion
and consideration by the Boards prior to the submission of a Definitive
Plan. The submission of such a Preliminary Plan will enable the applicant,
the Planning Board, the Board of Health and other municipal agencies
to discuss and clarify the problems relating to such subdivision before
a Definitive Plan is prepared. Therefore, it is strongly recommended
that a Preliminary Plan be filed in every case. An application for
consideration of the Preliminary Plan shall be made, accompanied by
eight sets of the Preliminary Plan and the correct filing fee found
in the Schedule of Fees in the Appendix hereto.[1] The applicant shall also, by delivery or registered mail,
give written notice to the Town Clerk stating the date of submission
of the Preliminary Plan and accompanied by a copy of the completed
application. Attention is directed to the Hull Board of Health. Supplementary
Rules and Regulations for the Disposal of Sanitary Sewage, for percolation
tests and other Board of Health requirements.
(1)
The filing fee shall be held by the Board as a deposit until the Board takes action upon the Preliminary Plan under Subsection C. At the time of the taking of such action, the Board, in its discretion, may waive or refund such filing fee in whole or in part to the extent the Board determines that professional or other services were not required in consideration of the Preliminary Plan.
(2)
The attention of the applicant is directed to the provisions of Massachusetts General Laws, Chapter 131, Sections 40 and 40A, if any wetlands are included in the proposed subdivision.
(3)
The attention of the applicant is directed to the requirement
of the Massachusetts Department of Public Works that a permit be obtained
before any work is performed within a State highway layout. Their
permit will require a specific geometric design for street connections.
[1]
Editor's Note: The appendix is included as an attachment to this chapter.
B.
Contents of Preliminary Plan.
(1)
The applicant shall, with the submission of a Preliminary Plan,
deposit with the Treasurer of the Town the correct engineering review
fee found in the Schedule of Fees in the Appendix hereto.[2] The Planning Board shall direct the Treasurer to expend
such funds to pay for all reasonable design review and impact studies
by its engineer, or by other professional persons required to assist
the Planning Board in its determinations as to the adequacy of the
Preliminary Plan with regard to the Subdivision Control Law and these
Rules and Regulations. However, no such payment shall be directed
until 14 days after a photocopy of the bill purporting to represent
charges for such services and review has been sent by first class
mail, to the applicant. The balance of this account shall at no time
be less than 1/2 the initial deposit, and the applicant shall deposit
with the Treasurer such additional funds as are required to restore
the account to the amount of the initial deposit, upon notice from
the Board by first class mail that the amount remaining on deposit
has been decreased by the expenditures described herein to an amount
at or near 1/2 the initial deposit. The account shall be closed, and
the remaining funds returned to the Applicant, upon the expiration
of 21 days after (a) the approval or disapproval of the plan by the
Board or, (b) the expiration of 60 days from the date of filing without
action by the Board. The failure of the applicant to make the initial
deposit and to maintain the account in accordance with this section
shall be grounds for disapproval of the plan.
[2]
Editor's Note: The appendix is included as an attachment to this chapter.
(2)
The Preliminary Plan shall be drawn at a scale of one inch equals
40 feet or such other scale as the Board may accept. Said plan shall
be identified as a Preliminary Plan and show clearly and adequately
the information required to form a clear basis for a discussion of
the problems and the preparation of the Definitive Plan. The Preliminary
Plan shall include as many of the following as practicable:
C.
Board Actions. During the discussion of the Preliminary Plan, the complete information required for the Definitive Plan, the financial arrangements, and the municipal services will be discussed. The Board may give such Preliminary Plan its approval, with or without modification, or disapprove said Plan, stating reasons for such disapproval. Approval, if given does not constitute approval of a subdivision, but does facilitate the procedure in securing final approval of the Definitive Plan. The Planning Board shall act on the Preliminary Plan within 60 days of the date of submission. Any plan submitted to the Board in advance of a Definitive Plan which does not conform to the minimum requirements pertaining to a Preliminary Plan specified in Chapter 41, Section 81-L shall not be so designated, nor shall such plan be given approval by the Board.
A.
General. An applicant seeking approval of a Definitive Plan of a
subdivision shall file with the Board the following:
(1)
The original drawings of the Definitive Plan and 12 prints thereof.
(2)
A properly executed application in the form shown as Farm c
and the correct engineering review fee found in the Schedule of Fees
in the Appendix hereto,[1] which form may be changed from time to time by the Planning Board. The application shall be signed by the applicant, who shall be the owner of all land within the proposed subdivision, and shall state all easements and restrictions, and mortgages to which the land is subject and all easements and restrictions appurtenant to such land over the land of others, and shall include reference to any recorded plan of the land in question. The applicant's attention is specifically called to the documentation requirements set forth in the definitions of "applicant" and "owner" in § 530-2.1 of these rules.
[1]
Editor's Note: The forms and appendix are included as attachments to this chapter.
(3)
A list of all abutters to the subdivision as shown on the Definitive
Plan, together with the address of each as determined from the most
recent tax list.
(4)
The applicant shall, with the submission of a Definitive Plan,
deposit with the Treasurer of the Town the correct engineering review
fee found in the Schedule of Fees in the Appendix hereto.[2] The Planning Board shall direct the Treasurer to expend
such funds to pay for all reasonable design review and impact studies
by its engineer, or by other professional persons required to assist
the Planning Board in its determinations as to the adequacy of the
Definitive Plan with regard to the Subdivision Control Law and these
Rules and Regulations. However, no such payment shall be directed
until 14 days after a photocopy of the bill purporting to represent
charges for such services and review has been sent, by first class
mail, to the applicant. The balance of this account shall at no time
be less than 1/2 the initial deposit, and the Applicant shall deposit
with the Treasurer such additional funds as are required to restore
the account to the amount of the initial deposit, upon notice from
the Board by first class mail that the amount remaining on deposit
has been decreased by the expenditures described herein to an amount
at or near 1/2 the initial deposit. The account shall be closed, and
the remaining funds returned to the Applicant, upon the expiration
of 21 days after (a) the approval or disapproval of the plan by the
Board or (b) the expiration of 60 days from the date of filing without
action by the Board. The failure of the applicant to make the initial
deposit and to maintain the account in accordance with this section
shall be grounds for disapproval of the plan.
[2]
Editor's Note: The appendix is included as an attachment to this chapter.
(5)
A sketch plan showing a possible or prospective street layout
for any adjacent unsubdivided land owned or controlled by the owner
or subdivider of the subdivision, unless such a plan has already been
filed with the Board. In the case where the applicant does not own
or control any contiguous land, a statement to this effect shall appear
in the application.
(6)
The applicant shall submit calculations for the determination of all waterway openings to justify culvert and drain sizes as required by § 530-4.3C(3). Such calculations shall be prepared by a Registered Professional Engineer, shall be based on the Rational Method and be accompanied by a watershed area plan justifying said calculations. The applicant shall file by delivery or registered mail (postage pre-paid) written notice to the Town Clerk stating the date of submission of the Definitive Plan and accompanied by a copy of the application.
B.
Contents of the Definitive Plan. The Definitive Plan shall be clearly and legibly drawn at a scale of one inch equals 40 feet or such other scale as the Board may accept to show details clearly and adequately. The sheet size shall be 24" x 36" with a three-quarters inch border, except on the left end and where the border shall be 2 1/4 inches wide. If multiple sheets are used, the key map [see Subsection B(5) below] shall show the extent of coverage of each sheet. The Definitive Plan shall include the following:
(1)
Subdivision name, north point, date, scale, bench mark and datum,
date of original plan with provisions for dates and descriptions of
any revisions. All elevations to refer to U.S. Coast and Geodetic
Survey mean sea level.
(3)
Boundary lines of the subdivision with the names of all abutters (including those separated from the subdivision by a way) and any other person required to receive notice of the Public Hearing in accordance with Subsection F of these Rules, and the area of the adjoining parcels as determined from the most recent tax list. The zoning classification of all property shall be noted on the plan.
(4)
Existing and proposed lines of roadways and their width; ways
and their width; sidewalks, foot paths, bridle, and bicycle paths
and their width; easements, and their purpose and any public or common
areas within the subdivision. The proposed names of ways shall be
shown.
(5)
Location and names of ways bounding, approaching or within the
vicinity of the subdivision as well as the ways of the subdivision.
This information shall be in the form of a key map or location plan
at a scale not smaller than one inch equals 800 feet.
(6)
Sufficient data to determine readily the location, direction
and length of every way line, lot line and boundary line of the proposed
subdivision, and to establish these lines on the ground.
(7)
Boundary lines, areas and dimensions of all proposed lots, including the area of floodplain and watershed protection district included within each such lot, with all lots designated numerically and in sequence. Where the frontage dimension given in Subsection B(6) is less than that required, the width of the lot at the setback line also shall be given.
(8)
Location of all permanent monuments, properly identified as
to whether existing or proposed.
(9)
Location of natural waterways, swamps and water bodies, and
floodplain and watershed protection district boundaries within and
adjacent to the subdivision.
(10)
The proposed system of drainage, to include the size, location and material of all subsurface drains, storm drains and culverts and the location of all catch basins and manholes within and adjacent to the subdivision. Pipe invert elevations shall be given at all drainage structures and outfalls. The method of conducting the drainage to a natural waterway shall be described completely and conform to Articles IV and V herein.
(a)
A complete description of the compatibility of the proposed
system of drainage with Town municipal services and waterways existing
as of the date of submission of the Definitive Plan shall be provided.
Run-off calculations shall be submitted to substantiate the adequacy
of the proposed drainage system within and outside of the subdivision,
together with the existing Town municipal services and waterways to
be utilized for discharge from the subdivision.
(b)
Wherever a proposed outfall pipe, swale, channel or drainage
ditch will discharge to a stream, brook, pond, marsh, or other wetland
as may be identified by the Planning Board, said wetland being either
perennial or seasonal, the ten-year flood elevation shall be shown
on the plan. If experience at a particular location indicates that
the ten-year flood elevation is exceeded at a frequency of greater
than one in 10 years, the Planning Board may require that a higher
flood elevation be shown. The Board may seek advisory opinions and
data from the Conservation Commission and others in establishing the
flood elevation at the point of discharge.
(c)
Whenever it is proposed to discharge drainage across land not
owned by the applicant, the applicant must demonstrate an easement
or other legal right to do so.
(d)
Where open drainage systems are employed, the plan shall show
the gradient of all cross slopes and swales or channels. Elevations
shall be shown on the plan every 100 feet along the swale line and
at all changes in gradient along that line.
(11)
All existing and proposed municipal services and their appurtenances shall be shown in such detail as necessary to coordinate all such services. An approved utility plan (or plans) accurately showing all electric streetlighting, water, fire alarm, hydrants, sewer, storm drains, gas, oil lines, telephone, and other municipal services shall be submitted with the Definitive Plan. Written approvals of the responsible officials (§ 530-3.3D) shall be endorsed on the utility plan (or plans). The Board shall review and approve, modify and approve or disapprove the plans for municipal services and utilities as part of its approval.
(12)
Location and species of proposed street trees.
(13)
Suitable space near the title block of each sheet for recording
thereon the action of the Planning Board and the Board of Health with
respect thereto.
(14)
A separate layout plan for each proposed way in the subdivision,
at a horizontal scale of 40 feet to an inch, showing for each such
way the proposed exterior lines and the center line of way with the
center line stations, tangent bearings, angle points, points of intersection,
points of curvature, points of tangency, radii of curves, length of
curves, intersection angles and length of tangents. Information relative
to the exterior lines (lot lines) shall be repeated in all instances
where it is different from that given for the center line. The center
line and its descriptive information shall be in red; all other data
shall be in black. The layout plan shall show the location of permanent
monuments, together with all lot lines with frontages, buildings,
walks and drives. The layout plan also shall show the size, location
and elevation of all storm drains, open drainage systems, subsurface
drains, and all other municipal services, together with their appurtenances,
existing or proposed, for each way. All municipal services shall be
shown on the layout plan by the use of symbols the same as those used
by the Massachusetts Department of Public Works for work performed
under Chapter 90, G.L.
(a)
On the same sheet, there shall be drawn cross-sections of the
proposed way, properly located and identified by station number, at
such intervals along the way as will adequately indicate any variations
in its section, supplemented, where necessary, by lines on the layout
plan showing the width and location of proposed roadways, grass plots,
gutters, sidewalks and similar physical features. Provided, however,
that where all cross-sections of the way will coincide with the appropriate
cross-section shown on the Board's Typical Cross-Section Plan, such
agreement may be indicated by proper notation on the layout plan,
and the cross-section drawings may be omitted therefrom with the prior
approval of the Board.
(b)
Directly below the layout plan of each proposed way, a profile
shall be drawn at a horizontal scale of 40 feet to an inch and a vertical
scale of four feet to an inch, showing for such street existing center
line grades in fine solid lines, existing exterior line grades in
fine dash lines, and proposed finished center line grades in heavy
solid lines. Proposed grade elevations shall be shown by figures at
fifty-foot stations, except on vertical curves where they shall be
shown at twenty-five-foot stations and at PVC and PVT. Rates of gradient
in percentage shall also be shown. Lines and figures for the proposed
edge of roadway shall not be shown, except when the roadway is in
other than a normal cross-section. Lines and figures indicating proposed
grades shall be in red; all other data shall be in black. All elevations
shall be referenced to the datum of 0.00 equals mean sea level as
established by the U.S. Coast and Geodetic Survey. Profiles shall
also indicate the location of any intersecting public or private ways,
and the location of existing and proposed storm drains, including
pipe invert elevations and gradients, sub-surface drains, connecting
swales or channels, and all existing and proposed municipal services
and their appurtenances.
(c)
The layout plan shall have a space provided next to the title
block for the date and brief description of any revisions made thereto
subsequent to the approval of the subdivision by the Board. This space
also shall include a space for the signature of the Chairman or other
authorized member of the Board as evidence of the Board's approval
of each revision made thereto.
(d)
Where only one way with a length of less than 1,000 feet is proposed, the information required by Subsection B(14) (layout plan, cross-sections, and profile) may be shown either on the same sheet as items in Subsection B(1) through (13), or on a separate sheet, but where one way with a length greater than 1,000 feet or more than one way is proposed, the layout plan, cross-sections and profile [Subsection B(14)] shall be shown together on a separate sheet for each way or portion thereof. All such sheets, together with those showing items in Subsection B(1) through (13), shall be deemed to constitute the Definitive Plan of the subdivision.
(15)
All natural and historical objects and major site features,
such as natural waterways, water bodies, swamps, rock ridges and outcroppings,
stone walls, fences, buildings, etc.
(16)
Existing and proposed topography of the land at a contour interval
of two feet except in cases where the Board directs that a smaller
contour interval is necessary in order to adequately interpret the
topography of the land, or agrees that the natural surface of the
ground may be adequately represented by contours with larger intervals.
(b)
Earthwork quantities shall be submitted with the Definitive
Plan for all roadway and other grading. An Earthwork Summary shall
be provided, indicating total surplus or borrow quantities. Disposal
areas for surplus earth or rock excavation, unsuitable materials and
tree stumps shall be noted on subdivision topographic plans. If materials
are to be disposed of outside the subdivision boundaries, a plot plan
of the site of disposal at a scale one inch equals 80 feet, including
a locus plan and property ownership, shall be provided, indicating
the location of disposal areas within the property. Wetlands and Floodplain
times shall be shown on all plans identifying disposal areas.
(17)
Such other information as may be required by the Board to evaluate
the proposed subdivision.
(18)
The horizontal alignment of the center line of each proposed
way shall be staked upon the ground at the time of the filing of the
Definitive Plan.
C.
Review by Board of Health as to Suitability of the Land. At the time
of filing of the Definitive Plan, the subdivider shall also file with
the Board of Health two prints of the Definitive Plan, and in unsewered
areas, shall submit a topographic plan with two foot contour intervals
and comply with other Board of Health requirements, including percolation
tests and test excavations, as specified in Supplemental Rules and
Regulations for the Disposal of Sanitary Sewage. The Board of Health
shall within 45 days after filing of the plan, report to the Planning
Board in writing, approval or disapproval of said plan. If the Board
of Health disapproves said plan, it shall make specific findings as
to which, if any, of the lots shown on such plan cannot be used for
building sites without injury to the public health, and include such
specific findings and the reasons therefore in such report. Every
building lot so located that it cannot be served by a connection to
the municipal sewer system shall be provided with a sewage disposal
system approved by the Board of Health.
D.
Review by other officials. Before the Definitive Plan is submitted, the Applicant will consult with and obtain written statements that the proposed improvements shown on a Utility Plan [Subsection B(11)] are laid out to the satisfaction of the official and for the facilities listed below:
(1)
Superintendent of the Highway Department as to the design of
the street system, location of easements, design of the drainage system
including appurtenances, and compatibility with existing municipal
services and waterways and effect on traffic congestion and safety
in public ways adjacent to the subdivision.
(2)
The Chief of the Fire Department as to the location of the hydrants,
adequacy of water flow at the hydrant, and the layout of the fire
alarm system, including location of boxes.
(3)
The Tree Warden as to the location, size and species of street
trees.
(4)
The Sewer Commissioners as to the requirements for provision
for connections to and compatibility with the sewer system and, if
required, the layout and design of the necessary connecting mains,
laterals, manholes and stubs for such system. In such cases, review
by the Sewer Commissioners will include the profiles of the streets.
(5)
The Manager of the Hingham Water Company as to the location
and size of water mains, including service to the fire hydrants.
(6)
The Hull Municipal Light Board as to the requirements for electricity.
(7)
The Gas Company as to the location and size of gas mains.
(8)
The Telephone Company as to the location of the telephone lines.
(9)
The Postmaster of the Hull Post Office as to the type of delivery
mail proposed.
E.
Performance Guarantee. Before approval of a Definitive Plan of a subdivision, the applicant shall agree to complete the required improvements as shown on the Definitive Plan and as specified in Article V for all lots in a subdivision, such construction and installation to be secured by one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the Board:
(1)
Final approval with bonds, surety or irrevocable letter of credit. The applicant shall file a surety company performance bond, or a deposit of money or negotiable securities, or an Irrevocable Letter of Credit, or whichever of the aforementioned is deemed by the Board to provide adequate security in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements as shown on the Definitive Plan and as specified in Article V not covered by a covenant under Subsection E(2) below. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Accountant, and shall be contingent on the completion of such improvements within two years of the date of the bond. The form of the bond may be as given by Form D, Form E or Form H in the Appendix,[3] or as otherwise required by the Board, and shall be contingent
upon the completion of said improvements within two years of the date
of the Agreement. At the discretion of the Board, a time extension
may be granted for a period not to exceed one year, provided that
such an extension may be conditioned upon an increase in the amount
of such bond or security as determined by the Board.
[3]
Editor's Note: The forms are included in an attachment to
this chapter.
(2)
Final approval with covenant. The applicant shall file a covenant acceptable to the Board executed and duly recorded by the owner of record, running with the land, whereby such improvements as shown on the Definitive Plan and as specified in Article V, not covered by bond or deposit under Subsection E(1) above, shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed. A suggested, but not required, form of the covenant is given by Form F in the Appendix hereto,[4] which form may be changed from time to time by the Planning
Board.
[4]
Editor's Note: The forms are included in an attachment to
this chapter.
F.
Public Hearing. Before approval of the Definitive Plan is given,
a public hearing shall be held by the Board at the time and place
designated by the Board. Notice of the time, place, and subject matter
of such hearing will be given by the Board once in each of two successive
weeks, the first publication being at least 14 days prior thereto,
by advertisement in an official publication of, or in a newspaper
of general circulation in the Town of Hull. A copy of said notice
will be mailed to the applicant and to all owners of land abutting
upon the subdivision and to anyone else entitled to receive notice
of any hearings held in accordance with Chapter 40A Section 11 of
the General Laws, as appearing in the most recent tax list.
G.
Approval, Modification or Disapproval. After the required hearing,
and within 60 days of submission of the Definitive Plan, the Board
shall take final action thereon. The Board may approve, approve with
modification, or disapprove said Plan. If the Board modifies or disapproves
said Plan, it shall state in its vote the reasons for such action,
and shall so notify the applicant.
H.
Certificate of Approval. The action of the Board in respect to said
Plan shall be by vote, copies of which shall be certified and filed
with the Town Clerk and sent by certified mail to the applicant. Approval,
if granted, shall be endorsed on the original drawing of the Definitive
Plan by the signature of the person officially authorized 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 and not until any and all modifications or conditions set
forth in the Certificate of Approval are incorporated into the Definitive
Plan to the satisfaction of the Board. In any case, approval of the
Definitive Plan shall not constitute the laying out or acceptance
by the Town of any ways within a subdivision.
I.
Inspection fees. Prior to the endorsement of a plan as approved,
and prior to the return of such plan to the Applicant, the Applicant
shall be required to deposit with the Treasurer of the Town an amount
equal to $1.50 times the number of linear feet of proposed or reconstructed
ways within or without the subdivision. The Planning Board shall direct
the Treasurer to expend such funds to pay for all reasonable construction
inspection services and subdivision modification design reviews by
its engineer or other professional persons required to assist the
Planning Board in its determinations as to the adequacy of the subdivision
construction and as to the adequacy of such design modification. However,
no such payment shall be directed until 14 days after a photocopy
of the bill purporting to represent charges for such services and
review has been sent, by first class mail, to the Applicant. The balance
of this account shall at no time be less than 1/2 the initial deposit,
and the Applicant shall deposit with the Treasurer such additional
funds as are required to restore the account to the amount of the
initial deposit upon notice from the Board, by first class mail, that
the amount remaining on deposit has been decreased by the expenditures
described herein to an amount at or near 1/2 the initial deposit.
The account shall be closed and the remaining funds returned to the
Applicant when, in the opinion of the Board, all work required by
the approved plan, any conditions placed upon such approval, and any
subsequently approved modifications and these rules, and all inspections
required by these rules, have been completed.
(1)
The failure of the Applicant to make the initial deposit, and
to maintain the account in accordance with this section, shall be
grounds for rescission of the approval of the plan and for disapproval.
(2)
The full cost of any special non-scheduled inspections deemed
necessary by the failure of construction to proceed entirely in accordance
with the approved plan, or as a result of any question concerning
the accuracy of any data provided by the applicant at any time, shall
be borne by the applicant.
J.
Recording of Plan. After the return to the applicant of the Definitive
Plan, as approved and endorsed, he shall cause to be recorded at the
Plymouth Registry of Deeds and, in the case of registered land, with
the recorder of the Land Court, said plan, including all sheets thereof,
with covenant, if any, and shall pay all fees and costs related to
the registry of the plan. After such plan, or modification thereof,
is approved by the Board it shall be recorded within six months or
the applicant shall be required to apply to the Planning Board or
Town Clerk for a certificate, dated within 30 days of the time of
recording, that the approval has not been modified, amended, or rescinded,
nor the plan changed. Furthermore, the applicant shall notify the
Board of such recording, submitting evidence thereof, satisfactory
to the Board, before the commencement of any work upon the subdivision.
Upon receipt of notification of recording, the Board shall file one
print of the Definitive Plan with the Building Commissioner. Where
approval with covenant is noted thereon, he shall issue no permit
for the construction of a building on any lot within the subdivision
except upon receipt from the Board of a copy of the certificate of
performance (Form G) releasing the lot in question.
K.
Revision of Definitive Plan.
(1)
If the applicant desires to make revisions due to field conditions or for any reason whatsoever, he shall submit a print of the Definitive Plan or plans to be revised with a colored pencil representation of the changes he proposes to make, together with a written request for modification, and a request for waiver of these rules and regulations, with the information required by § 530-2.5, if appropriate. The Board will consider such change in the same manner as consideration of the original plan and approve, disapprove or modify the requested change with or without a public hearing as the Board may determine. The change as approved shall then be incorporated on the original Definitive Plan or a cloth reproduction thereof, and prints shall be filed as required of the original plan.
(2)
Work inconsistent with the approved plan. No work may proceed
that is inconsistent in any respect with the Approved Plan, even if
such work is pursuant to an order, decision, ruling or regulation
of any other municipal, state or federal agency or tribunal. It is
the burden of the applicant to seek modification of the Approved Plan,
to incorporate such order, decision, ruling or regulation, or to otherwise
reconcile the inconsistencies.
L.
Evidence of satisfactory performance. Before the Board will release
the interest of the Town in a performance bond, an irrevocable letter
of credit or deposit of cash or, in the case of approval with a covenant,
issue a release of the covenant:
(1)
The applicant shall pay all fees as specified in Subsection I to cover the cost of inspections, and shall submit copies of receipts, releases, or other acceptable evidence that all due hydrant rentals, municipal light rentals, or other bills for municipal services have been paid to date.
(2)
The applicant shall be responsible for filing with the Planning Board as-built plans of the ways of the subdivision. The as-built plans shall be clearly identified as such, and shall include the profile plans and shall meet the requirements as to format and content as given in Subsection P for the Definitive Plans.
(a)
Where the ways, utilities and appurtenances of the subdivision
have been installed according to the approved Definitive Plan (including
approved subsequent amendments) the engineer may make certification
in the form shown as Form R-2 in the Appendix hereto,[5] which form may be changed from time to time by the Planning Board, to that effect which shall be submitted with the request for release of performance guarantee or the statement of performance to the Town Clerk. Evidence shall be submitted from each inspection report (Article VI) supporting such a certification. If the Planning Board concurs, the Definitive Plan or addenda to the Definitive Plan shall be sufficient to satisfy the requirement for as-built plans.
[5]
Editor's Note: The forms are included as an attachment to this chapter.
(b)
As-built plans maybe cloth reproductions of the Definitive Plans. The as-built plans shall represent the as-built conditions of all work and appurtenances constructed as a resubdivision and shall show accurately all municipal services installed as part of the subdivision. As a condition precedent to the preparation of the as-built plans, the applicant shall engage the necessary engineering services to properly record the location of the municipal services installed, and the as-built plans shall contain a certification (see § 530-2.3) by such engineer that the municipal services were installed in the locations as shown on the plans. The as-built plans shall be submitted as a condition of the release of the Bond or Covenant, as required for the approval of the Definitive Plan, and as a condition of approval by the Planning Board of acceptance of the ways by the Town Meeting.
(3)
The Board shall obtain from its Engineer the complete inspection
form (R-1[6]) as given in Article VI to the effect that all work required by these Rules and Regulations has been completed for each way in the subdivision (or way or ways serving the lots in question), and that he has approved the methods of construction and the materials used in the performance of such work.
[6]
Editor's Note: The R-1 form is included as an attachment to this chapter.
(4)
The Applicant shall obtain from the Chief of the Fire Department
a statement, which shall be submitted to the Board, that he has approved
the installation of the hydrant system for each way in question and
that the installation of the fire alarm cable and boxes has been approved
by the Fire Chief.
(5)
The Applicant shall obtain from the Tree Warden a statement,
which shall be submitted to the Board, that he has approved the location,
size and species of street trees.
(6)
The Applicant shall obtain from the Sewer Commission a statement,
which shall be submitted to the Board, that they have approved the
installation of the sewer system as required by them.
(7)
The Applicant shall obtain from the Municipal Light Board a
statement, which shall be submitted to the Board, approving the installation
of the streetlights and electric power service.
(8)
The Applicant shall obtain from the Superintendent of the Highway
Department a statement, which shall be submitted to the Board, that
the construction of the streets and the installation of the drainage
system including appurtenances has been approved.
(9)
The Applicant shall obtain a statement from the Chairman of the Conservation Commission that appropriate guarantees have been received, measures have been taken, or orders of condition have been complied with to the satisfaction of the Conservation Commission, where applicable, with respect to the protection of wetlands under Chapter 131, Sections 40 and 40A of the General Laws and with respect to the Floodplain and Watershed Protection District Bylaw.[7]
(10)
The Board may at its discretion require the Applicant to obtain,
at his own expense, additional professional engineering advice as
to the satisfactory completion of the construction of each street
or way in the subdivision, drainage systems within and outside of
the subdivision, water mains and their appurtenances, and installation
of all other services required according to the Definitive Plan.
M.
Release of Performance Guarantee.
(1)
Upon the completion of the improvements as shown on the Plan,
and as required herein, security for the performance of which was
given by bond, deposit, Letter of Credit or covenant, or upon the
performance of any covenant with respect to any lot, the applicant
may request and agree on terms of release with the Board, or he may
send by registered mail to the Town Clerk a written statement, in
duplicate, that the said construction or installation in connection
with such bond, deposit, letter of credit or covenant has been completed
in accordance with the requirements contained in these Rules &
Regulations, such statement to contain the address of the applicant,
and the Town Clerk shall forthwith furnish a copy of said statement
to the Board.
(2)
If the Board determines that said improvements have been completed,
it shall release the interest of the Town in such Irrevocable Letter
of Credit and return the bond or the deposit to the person who furnished
the same, or release the covenant by appropriate instrument, (Form
G), duly acknowledged, with a copy to the Building Commissioner. If
the Board determines that said improvements have not been completed,
it shall, within 45 days of the receipt of the applicant's statement
by the Town Clerk specify to the applicant in writing the details
wherein said improvements fail to comply with its Rules and Regulations.
N.
Reduction of Bond or Surety. Upon written application of the applicant
stating reasons therefor, the penal sum of any such bond, or the amount
of any deposit, held hereunder, or Letter of Credit may, from time
to time, be reduced at the discretion of the Board and the obligations
of the parties thereto released by said Board in part in the form
shown as Form H in the Appendix hereto,[8] which form may be changed from time to time by the Planning
Board. If release is by reason of covenant, a new plan of the portion
to be subject to the covenant may be required.
[8]
Editor's Note: The forms are included in an attachment to
this chapter.
O.
Time of Completion of Ways and Installation of Municipal Services.
(1)
Every applicant shall state in his application the time which
he agrees to complete the proposed ways, and to install the drainage
system, water pipes, gas pipes and electric lines, and all other municipal
services required by the Board. A condition of the approval of the
Definitive Plan shall be conditioned upon the completion of the ways
and the installation of municipal services within 24 months of the
date of application, unless a longer period is expressly requested
in the application, with the justification therefore and unless a
longer period is expressly allowed in the certificate of approval.
(2)
In the event the work is not completed within the time set forth
or as extended, the Board shall rescind its approval and require the
reapplication and filing of a new Definitive Plan.
P.
As-built Plans. The developer shall supply as-built plans for each
and every way of the subdivision, including the following:
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Requirements for As-Built Plans
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(1)
Legend on each page of the plan that the plan was prepared in
compliance with the Rules and Regulations of the Registers of Deeds
and must be signed and sealed by a registered land surveyor.
(2)
On each page of the plan, a blank space, as required, to be
reserved for use by the Registry of Deeds which is marked "FOR REGISTRY
USE ONLY".
(3)
The metes and bounds for ways must be complete so as to permit
a continuous metes and bounds description of the area of the way.
This would include a line or lines, or an arc or arcs, identified
as to metes and bounds locating the end of the area of a way which
intersects with another way.
(5)
All easement areas:
(a)
Must be clearly indicated with metes and bounds shown.
(b)
If a drainage easement is shown on the Plan, then the Plan must
show the body of water, stream, river or other terminus for drainage
flow as well as all other drainage easement areas through which drainage
must flow to reach its terminus.
(6)
Each parcel or lot of land shown on the plan (including all
parcels abutting any way and all parcels crossed by or abutting a
drainage easement) must be identified on the plan by a lot or parcel
number (preferred method) or by the name(s) of current owners.
(7)
All registered land shown on the plan should be identified by
Land Court plan number or Land Court case number or Land Court Certificate
of Title number.
(8)
All abbreviations or codes used on the plan should be explained
by the use of a legend inscribed on the plan.
