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.
[2]
Editor's Note: See Ch. 410, Zoning, of the Town Code.
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:
(a) 
All information specified in Subsections B(1) through (5), (10), (15) and (16) under the contents of the Definitive Plan in § 530-3.3B.
(b) 
Approximate boundary lines of proposed lots, with their approximate areas and dimensions.
(c) 
A schematic representation of the proposed system of drainage, including adjacent existing natural waterways.
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.
(2) 
Names and addresses of record owner, applicant and the applicant's engineer and surveyor, and the seal and signature of said engineer or surveyor, together with proper certification as required in § 530-2.3 and § 530-2.5.
(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.
(a) 
Items in Subsection B(15) and (16) shall be shown on a separate sheet or sheets at the same scale as the above plans and shall be drawn with pencil on tracing paper or ink on cloth, with all boundaries, lot and way lines of the subdivision shown thereon.
(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.
(10) 
The Conservation Commission as to requirements under the Wetlands Act (G.L. Chapter 131, Sec. 40 and 40A) and the Floodplain and Watershed Protection District.
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]
[7]
Editor's Note: See Ch. 410, Zoning, of the Town Code.
(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:
Requirements for As-Built Plans
(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.
(4) 
On each page of the plan signature lines:
(a) 
For Planning Board Approval or endorsement that approval is not required, as applicable.
(b) 
For the Board of Selectmen.
(c) 
For the Town Clerk; date of filing; date of acceptance.
(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.