A.
Criteria.
(1)
Planning Board approval is not required for a division of land provided
that every lot within the tract so divided has frontage on one or
more of the following:
(a)
A public way or a way which the Town Clerk certifies is maintained
and used as a public way.
(b)
A way shown on a plan theretofore approved and endorsed in accordance
with the Subdivision Control Law.
(c)
A street or way in existence prior to March 1, 1954 and in the
opinion of the Planning Board, of sufficient width, suitable grade,
adequate construction to provide access to every lot in accordance
with MGL c. 41, §§ 81-L and 81-M.
(2)
Conveyances changing the size and shape of the lots, provided that
every lot so changed or affected by such change, has frontage as required
by the Zoning Bylaw.
(3)
The division of a tract of land, on which two or more buildings were
standing prior to March 1, 1954, into separate lots on each of which
one such building standing shall not constitute a subdivision.
B.
Plan Submission. Any person who believes that his plan does not require
approval under the Subdivision Control Law, shall submit the following:
C.
Plan Contents.
(1)
The plan submitted shall be suitable for recording at the Bristol
County Registry of Deeds, and shall include at least the following:
(a)
Name and address of the property owner.
(b)
Date, scale, locus map and north arrow.
(c)
The name, seal and signature of the Registered Processional
Land Surveyor who prepared the plan.
(d)
Boundaries and dimensions of the entire original tract, if the
lots or parcels to be recorded are divided from a larger tract. If
it is not practical to show the boundaries of the original tract on
the plan, the area and frontage of all remaining land shall be stated
on the plan.
(e)
The frontage and area in square feet shall be shown for every
lot or parcel.
(f)
The names, widths and status (public or private) of all ways
abutting the property shall be shown.
(g)
Proposed lots shall be designated numerically as parcels (Parcel
1, Parcel 2, etc.).
(h)
Names of owners and assessors plan and lot numbers for the property
being divided and abutting properties shall appear on the plan.
(i)
Planning Board Signature Block:
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SWANSEA PLANNING BOARD
APPROVAL UNDER THE SUBDIVISION CONTROL
LAW NOT REQUIRED"
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Date: _________________
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______________________
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______________________
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______________________
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______________________
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______________________
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(j)
If the plan submitted has been exempted from certain zoning
requirements by a decision of the Board of Appeals, the following
notation shall appear on the plan:
|
"Subject to a variance granted on (date) _____________ by the
Swansea Board of Appeals and recorded in the Bristol County Registry
of Deeds in Book _____, Page______."
|
(2)
If the Planning Board determines that the plan does not require approval
in accordance with MGL c. 41, § 81-P, it shall, without
a public hearing and without unnecessary delay endorse the plan accordingly.
The plan shall be returned to the applicant and the Board shall notify
the Town Clerk of its action. Where the determination of the Board
that a plan does not require approval is based on qualifying conditions,
such as certain parcels are not to be used as separate building lots,
or that the determination is made with respect to some but not all
lots shown, the Board may include an explanatory or qualifying statement
of its reasons as a part of its endorsement.
(3)
If the Board determines that the plan does require approval under
the Subdivision Control Law, it shall within 21 days of submission
of said plan, notify the Town Clerk and inform the applicant. Such
notification shall be in writing.
(4)
If the board fails to act on a plan submitted under this section
within 21 days after its submission, it shall be deemed to have determined
that approval under the Subdivision Control Law is not required.
A.
General. A preliminary plan, showing the proposed subdivision in
a general way, submitted by the applicant for discussion and approval
by the Board, enables the applicant, the Board, the Board of Health,
and other Town agencies to discuss and clarify the problems of such
subdivision before a definitive plan is prepared. Although not required
for residential subdivisions, it is strongly recommended that a preliminary
plan be filed in every case.
B.
Application.
(1)
Six copies of the preliminary plan to be filed with the Planning
Board.
(3)
Copy of Form B to be filed with the Planning Board.
(4)
A $100 filing fee to cover the cost of initial engineering and planning
review shall be filed with the Town Clerk.
(5)
A copy of the Preliminary Plan shall be filed with the Board of Health
by the applicant.
C.
Contents. The preliminary plan shall be drawn at a scale acceptable
to the Planning Board and shall clearly show at least the following:
(1)
Subdivision name, boundaries, north point, date, scale, legend, locus
plan and the title "Preliminary Plan".
(2)
Names and addresses of record owners, the applicant and the stamp
of a registered professional engineer and/or land surveyor as required
by the provision of Chapter 112 of the General Laws.
(3)
Names of all abuttors, as determined from the most recent local tax
list, including Plat and Lot numbers as shown on the Swansea Assessors
plans.
(4)
Existing and proposed names, lines of streets, ways easements, and
any public areas within the subdivision.
(5)
Proposed system of drainage, including existing natural waterways
in a general manner.
(6)
Boundary lines of all proposed lots, with approximate area and dimensions.
(7)
Location, names, present widths and status of adjacent streets.
(8)
Topography of the land in a general manner.
(9)
As sewer is not available, percolation and water table tests may
be required as directed by the Board. Two copies of the test results
shall be submitted to the Board.
(10)
Any items required for a definitive plan on which the applicant
would like Planning Board input in a preliminary manner.
D.
Additional Information
(1)
The attention of the applicant is directed to the provisions of Chapter
784 of the Acts of 1972 (MGL c. 131, § 40) Protection of
Wetlands (new acts involve all wetlands and other areas subject to
flooding), Coastal Wetlands Protection Act (MGL c. 130, § 105)
and (Chapter 782 of Acts of 1972) (MGL c. 131, § 40A) -
An Act Further Protecting the Inland Wetlands and Flood Plains of
the Commonwealth - if any wetlands, flood plains, coastal waters or
inland waters are included in the proposed subdivision.
(2)
The attention of the applicant is directed to the Federal Emergency
Management Agency (FEMA). Any subdivision of 50 lots or five acres,
whichever is less, shall include base flood elevation data. When flood
plan elevations have not been established for a Flood Zone "A", a
registered profession engineer must conduct a study of the area to
determine the exact flood plan elevation for each affected lot.
(3)
The attention of the applicant is directed to the requirement of
the Massachusetts Highway Department that a permit be obtained before
any work is performed within the State Highway Layout. Their permit
will require a specific geometric design for street connections.
(4)
The attention of the applicant is directed to Chapter 150, Earth Removal, of the Town of Swansea Bylaws. All applicable requirements shall apply to subdivisions.
(5)
The attention of the applicant is directed to the United States Environmental
Protection Agency (EPA) and Massachusetts Department of Environmental
Protection (DEP) Storm Water Program. Subdivisions which disturb five
acres or more and having storm water discharge must provide a copy
of the National Pollutant Discharge Elimination Systems (NYDES) Storm
Water Discharge Permit and relevant information used in applying for
said permit.[2]
E.
Approval. Within 45 days after submission, the Board shall approve,
disapprove, or approve with modifications the preliminary plan, noting
in the certificate its action and any changes that should be made.
A.
Application. Any person who wishes to record at the Registry of Deeds
or file with the Land Court, a plan which requires approval under
the Subdivision Control Law shall submit the following: Note: If all
the lots shown on the plan front on an existing public way and the
applicant is requesting a reduction from the required frontage, only
submissions (1) through (5) are required. The plan shall show the
information that is required for a Form "A" plan along with the Town
Clerk's certification and Title Block as shown on Form J.[1]
(1)
The original drawing of the definitive plan in ink on tracing cloth
or mylar and seven thereof, dark line on white background to be filed
with the Town Clerk.
(2)
A check for $1/Linear foot of roadway plus $50 if the definitive
plan evolved from a preliminary plan reviewed by the board or $150
if the definitive plan did not evolve from a preliminary plan plus
$150 [did not evolve from a preliminary plan plus $150] against the
cost of legal advertising plus $50 per lot.
(4)
A copy of the definitive plan shall be filed with the Board of Health
by the applicant and verification of this submittal shall be filed
with the Planning Board.
(5)
A list of abutters certified by the assessors office shall be submitted
to the planning board.
(7)
Estimates of the cost of performing the various items of required
work to complete the subdivision shall be furnished on a separate
sheet and filed with the Planning Board. An inflation factor based
on the number of years estimated to complete the development shall
be included at a rate of 5% per year.
[Amended 6-6-2022]
(8)
A traverse table showing coordinates, bearings, distances and curve
data for all points, lines and curves shall be submitted to the Planning
Board.
(9)
A proposed schedule of construction activities for the development
shall be filed with the Planning Board.
(10)
Environmental Impact evaluation shall be submitted in a narrative
form, accompanied by such plans, calculation and exhibits as may be
appropriate. It shall review the impact of the proposed subdivision
on traffic, drainage, erosion, surface and ground water quality, air
quality noise and lights, vegetation, wildlife and other natural resources;
and shall describe the anticipated intensity of use or occupancy.
If several alternative methods of subdividing are possible, the evaluation
shall compare their anticipated impact on the environment in order
to show that the design selected minimizes the adverse and maximizes
the beneficial environmental impacts.
[1]
Editor's Note: Forms A and J are included in Attachment 2
to this chapter.
B.
Form and Contents. The Definitive Plan shall be prepared by a Massachusetts
Registered Professional Engineer and/or a Massachusetts Registered
Land Surveyor as required by law, and shall be clearly and legibly
drawn in black India ink on tracing cloth or mylar. The plan shall
be at a scale of one inch equals 40 feet or such other scale as the
Planning Board may accept to show details clearly and adequately.
Sheet sizes shall not exceed 24 inches by 36 inches. If multiple sheets
are used, they shall be accompanied by an index sheet showing the
entire subdivision. Each page of the plan shall contain, in the lower
right hand corner, a title block and provisions for recording Planning
Board actions (see Form J).[3] The definitive plan shall be suitable for recording at
the Bristol County Registry of Deeds and shall contain at least the
following.
(1)
Subdivision name, boundaries, north point, date, scale, locus plan
and legend and the title "Definitive Plan".
(2)
Names and address of record owner, applicant and engineer.
(3)
Names of all abuttors, as determined from the most recent local tax
list including assessor plan and lot numbers.
(4)
Existing and proposed lines of street, ways, easements, and public
or common areas within the subdivision. (The names of proposed streets
shall be shown in pencil until they have been approved by the Selectmen.)
(5)
Location, names, and present widths of adjacent streets and whether
public or private.
(6)
Width and location of existing and proposed roadways and sidewalks
within and adjacent to the subdivision.
(7)
Proposed lots shall be designated numerically as parcels (Parcel
1, Parcel 2, etc.).
(8)
Boundary lines, areas, and dimensions of all proposed lots, with
all lots designated numerically and in sequence. Lots not conforming
to the Zoning Bylaws shall bear the following notation: "Parcel _____
shall not be used as a separate building lot."
(9)
Sufficient data to determine readily the location, bearing, or length
of every street line, lot line, easement, zoning district, and boundary
line and to reproduce same on the ground. The perimeter survey shall
have a closure of 1:15,000 or better.
(10)
Location of all permanent monuments properly identified as to
whether existing or proposed.
(11)
Location of proposed permanent monuments at changes in direction
of the proposed street right-of-way lines including points of curvature
or where designated by the board.
(12)
Major features of the property and within 100 feet of the property
such as existing walls, fences, trails, buildings, wooded area, outcropping,
wetlands and natural waterways shall be shown.
(13)
Existing and proposed topography with two-foot contour intervals
related to an existing permanent bench mark for any areas to be altered.
All elevations shall refer to mean sea level.
(15)
Zoning District Boundaries including Aquifer Protection Districts
and Flood Plain Zones.
(17)
Proposed utilities within and adjacent to the subdivision shall
be shown.
(18)
Proposed system of storm drainage, including adjacent natural
waterways. Size and locations of existing and proposed storm drains,
piping, waterways and drainage ponds. All hydraulic design criteria
is to be approved by the Board. Profiles and typical sections of existing
and proposed waterways within and adjacent to the proposed shall be
shown. Elevations of high water marks shall be shown.
(19)
When, in the opinion of the Board, existing soil conditions
are unsuitable for the construction of roadways or building thereon,
punchings or other means suitable to the Board to determine the depth
of [unsuitable to the Board to determine the depth of] unsuitable
material shall be taken and the location of hard bottom shall be shown
on the profiles.
(20)
Prior to a final approval of the Board, the applicant and the
design engineer may be required to attend a site inspection with the
Board. In order to facilitate inspection and review of the subdivision,
temporary staking and/or marking along the approximate center line
of all proposed roads in the subdivision may be required for the site
inspection.
[3]
Editor's Note: Form J is included in Attachment 2 to this
chapter.
C.
Utility and Street Plan. The definitive plan will show at least the
following utilities and street information.
(1)
Proposed street right-of-way lines with sufficient data including
lengths of curves, tangents, radii, or bearing product to determine
their exact location.
(2)
A center line with fifty-foot stations.
(3)
Existing and proposed topography with two-foot contour intervals
related to an existing permanent bench mark for any areas to be altered.
All elevations shall refer to Mean Sea Level.
(4)
Within the proposed street right-of-way lines and 100 feet beyond
said lines, major features, water bodies, stonewalls, residences,
outcroppings and buildings shall be shown.
(5)
The type, size and location of existing and proposed water supply
mains and their appurtenances, hydrants, storm drains and their appurtenances,
and easements pertinent thereto.
(6)
Where utilities are not located within the or adjacent to the proposed
streets, additional details showing the type, location, and size of
such existing or proposed utilities and easement locations shall be
shown.
(7)
Gutter profile at intersections, around cul-de-sacs, and at other
locations as required by the Board.
(8)
Directly above or below the street plan, a profile of the proposed
roadway which shall include at least the following:
(a)
The title: "Profile of (proposed street name)."
(b)
A horizontal scale of 1"=40' and a vertical scale of 1"=4'
(c)
The existing roadway centerline grades in fine, dashed lines.
(d)
The proposed roadway centerline grades in heavy, solid line.
(e)
Proposed grade elevation shown at the beginning and end of the
roadway and at fifty-foot station intervals and twenty-five-foot intervals
along the vertical curves.
(f)
Propose grade elevation shown at the beginning and end of all
vertical curves.
(g)
Rates of gradient in percent.
(h)
The location of any intersecting and private roadway.
(i)
The type, location and size of existing and proposed utilities
within the street.
(9)
A specific cross section referenced to the plan of proposed streets
scaled from a typical section of each roadway. The street and utility
plan shall identify where each cross section has been taken. Cross
sections are required where there are substantial variations in topography
or where the right-of-way width varies. The cross section shall show
the following:
(a)
Title: Specific Cross Section Number _____ of (proposed street)."
(b)
A suitable scale that clearly shows all parts and dimensions
of each specific cross section.
(c)
The location and widths of the street right-of-way, roadway,
curbs, sidewalks and shoulders.
(d)
The treatment of the proposed roadway and shoulders, gravel
base, pavement, depth of loam and specific information as to the thickness
of each layer and the material to be used.
(e)
The crown of roadway, pitch of sidewalks, grade of slopes, etc.
(f)
The design and dimensions of proposed curbing.
(g)
The typical location of street lights, utility poles, fire hydrants,
etc. within the right-of-way, even if these particular items do not
fall within the actual cross section location on the plan.
(10)
Construction details for any bridges, guardrails, headwalls,
manholes, or other appurtenances necessary for the completion of the
required improvements.
(11)
The Roadway shall be designed and constructed in accordance
with the standard cross section (see appendix)[6] unless the board waives or modifies this requirement because
of the nature of the street and the traffic that it is expected to
accommodate.
[6]
Editor's Note: See the cross-sections in Attachment 1 to this
chapter.
(12)
Boring, percolation and water table tests as required for leaching
catch basins or detention ponds. In addition, information shall be
provided on the plan stating the date of testing, the water level
elevation, percolation rate, and the name of the Board of Health inspector
who witnessed the test.
(13)
If a detention or retention basin, pond or area is proposed
for the subdivision on the plan shall include profiles, typical sections,
the types of materials to be used in its construction, proposed capacity
and proposed depth. In addition, no less than two percolation and
water table tests shall be conducted by the applicant in the vicinity
of the proposed basin during the established wet season.
D.
Review by other Departments and Boards.
(1)
Once the Definitive Plan has been properly submitted to the Planning
Board, the plan will submitted to and reviewed by the following:
(a)
The Planning Staff for compliance with these Subdivision Rules
and Regulations, particularly the design standards for a Definitive
Subdivision Plan, and compliance with MGL c. 41, § 81-M.
(b)
The Board of Health for its recommendation whether the Plan
for health reasons should be approved, approved with modifications,
or disapproved in accordance with MGL c. 41, § 81-U.
(c)
The Supervisor of Highway Services for design review of proposed
streets, utilities, and drainage system.
(d)
The Conservation Commission for review as to the effect of the
proposed subdivision on wetlands.
(e)
The Swansea Water District for design review of the public water
supply distribution system.
(f)
The Fire Chief and Police Chief for review of fire protection,
E911 requirements, street names and public safety.
(g)
At the option of the Planning Board any specialized professional
for review of issues raised in determining compliance with these rules
and regulations and the subdivision control law.
(2)
Failure of the Board of Health to report, in writing, within 45 days
after the date of submittal shall be deemed approved of the plan by
said Board.
F.
Open Spaces. Before approval of a plan the Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light or air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may by appropriate endorsement on the plan require that no building be erected upon such park or parks without its written approval for a period of not more than three years. Within any Open Space Residential Developments (OSRD), as specified in the Zoning Bylaw, any designated open space may be delineated by a line of demarcation, which may include but is not limited to the following methods: split-rail fence, landscaped buffer, or boulders. In addition, bounds shall be placed along said open space within an OSRD in accordance with § 310-24.
[Amended 6-6-2022]
G.
Protection of Natural Features. Due regards shall be shown for all
natural features, such as large trees, scenic points, historic spots,
and similar community assets, which, if preserved, will add attractiveness
to the subdivision or the Town.
H.
Public Hearing. Before approval, modification and approval, or disapproval
of the definitive plan is given, a public hearing shall be held at
the petitioners expense by the Board, notice of the time and place
of which and of the subject matter, sufficient for identification,
shall be given by the Board by advertisement in a newspaper of general
circulation in the Town of Swansea once in each of two successive
weeks, the first publication being not less than 14 days before the
day of such hearing, and by mailing a copy of such advertisement to
the applicant and to all owners of land abutting upon the land included
in such plan as appearing on the most recent tax list.
I.
Decision of the Planning Board.
(1)
The action of the Planning Board in respect to such plan shall be
by vote, copies of which shall be sent by delivery or registered mail
to the applicant and filed with the Town Clerk. If the Planning Board
modifies or disapproves such plan, it shall state in its vote the
reasons for its action. Final approval, if granted, shall be endorsed
on the original drawing of the definitive plan by the majority of
the Planning Board but not until the statutory twenty-day appeal period
has elapsed following the filing of the certification of the action
of the Planning Board and of the Town Clerk that no appeal has been
filed or that a final decree has been issued by the court. After the
definitive plan has been approved and endorsed, the applicant shall
furnish the Planning Board with one mylar copy and two prints thereof.
(2)
The Planning Board must act on the plan within 90 days (if the submitted
Definitive Plan evolved from a Preliminary Plan acted upon by the
Planning Board) or 135 days (if the submitted Definitive Plan did
not evolve from a Preliminary Plan acted upon by the Planning Board).
Except that an extension of the time limit is permitted, if agreed
upon by the Planning Board and applicant in writing.
(3)
Final approval of a Definitive Plan does not constitute a laying
out or acceptance by the Town of streets within the subdivision as
public ways.
A.
Performance Guarantee
(1)
Before endorsement of its approval of a plan, the Planning Board
shall require that the construction of ways and the installation of
municipal services be secured by one, or in part by one and in part
by another, of the methods described in the following clauses (a),
(b), (c) and (d) which method or combination of methods may be selected
and from time to time varied by the applicant.
(a)
By a proper bond, sufficient in the opinion of the Planning
Board to secure performance of the construction of ways and the installation
of municipal services required for lots in the subdivision shown on
the plan, and the Planning Board may require that the applicant specify
the time within which such construction shall be completed.
(b)
By a deposit of money or negotiable securities, sufficient in
the opinion of the Planning Board to secure performance of the construction
of ways and the installation of municipal services required for lots
in the subdivision shown on the plan, and the Planning Board may require
that the applicant specify the time within which such construction
shall be completed.
(c)
By a covenant, executed and duly recorded by the owner of record,
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; provided, that a mortgagee who acquires title
to the mortgage premises by foreclosure or otherwise and succeeding
owner of such premises or part thereof may sell any such lot, subject
to that portion of the covenant which provides that no such lot shall
be built upon until such ways and services have been provided to serve
such lot; and provided, further, that nothing herein shall be deemed
to prohibit a conveyance by a single deed, subject to such a covenant,
of either the entire parcel of land shown on the subdivision plan
or of all lots not previously released by the Planning Board. A deed
of any part of the subdivision in violation hereof shall be voidable
by the grantee prior to the release of the covenant but not later
than three years from the date of such deed.
(d)
By delivery to the Planning Board of an agreement executed after
the recording of the first mortgage covering the premises shown on
the plan or 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 to 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 work, and shall
further provide that in the event the work is not completed within
the time set forth by the applicant, and funds remaining undisclosed
shall be available for completion.
(2)
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 Treasurer, prior to acceptance by the Planning Board and
prior to the endorsement of the definitive subdivision plan.
(3)
The developer may change the method of securing the required construction
for all or part of a subdivision from a covenant to a bond or other
security. The developer may request, with the written concurrence
of the surety company, if any, reduction in the sum of the bond or
other security or an extension of the within which the work specified
in a covenant or required to be performed under a bond or other security
may be completed, and the Board may, at its option, grant such reduction
or extension and notify the Town Clerk, the developer and the surety,
if any, of such reduction or extension. At the time of said reduction
request, within two years of approval of the Definitive Subdivision
Plan, or with any completion extension request, whichever occurs first,
the Board shall review and update the construction amount used to
determine the security. Any increase shall be accounted for in a revised
security amount and submitted to the Board. In no event shall the
amount of the Performance Guarantee be reduced below 10% of the total
initial construction cost of the subdivision until all improvements
have been completed. Board actions with respect to the approval or
disapproval of a subdivision plan, acceptance of covenant, release
of lots or extension of time shall be by a certificate the Registry
of Deeds or filing with the recorder of the Land Court.
[Amended 6-6-2022]
(4)
Before the Planning Board will release a surety bond or deposit,
or in the case of a covenant, issue a certificate of performance,
the applicant shall obtain and submit to the Planning Board written
evidence that the required work has been completed to the satisfaction
of the Selectmen.
B.
Street/Stormwater Facilities/Open Space Maintenance. The subdivider
or his successors in title shall maintain all streets and municipal
services and utilities in satisfactory condition, and to provide traffic
services including snow and ice control, until the streets are accepted
by the Town. For those subdivisions that include a Homeowners Association
Trust responsible for stormwater facilities/open space maintenance,
this responsibility shall continue even after streets are accepted.
In the event that the developer or their successor as developer of
the subdivision abandons said subdivision prior to the completion
of its common infrastructure as shown on the approved Definitive Plan,
the Trust shall be responsible for completing the same. In no event
shall the Trust or an individual lot owner make demand upon, or initiate
legal action to require the Town to complete the same. Trust documents
shall be submitted to and approved by the Board prior to endorsement
of a plan.
[Amended 6-6-2022]
C.
Conveyance of Utilities and Easements and Dedication of Streets.
Prior to the release of a bond or other security, or to the issuance
of a certificate of performance, releasing the developer from the
conditions of a covenant or any other instrument intended to secure
the performance of required work, the developer shall, without cost
to the Town, convey or transfer title or rights as follows:
(1)
Conveyance of Travel Easements. Convey to the Town of Swansea the
right to use streets and any travel easements in the subdivision for
the purposes of public travel, installation of utilities and all other
purposes for which streets are or may be used in Swansea. This shall
include the right to enter said streets and to sweep, remove snow,
maintain, reconstruct, and repair them; including all acts necessarily
or customarily incidental thereto; but shall not be construed to relieve
the developers and their successors in title to any portion of a street
in a subdivision from the responsibility of maintaining said street
in good repair until it is accepted by the Town.
(2)
Conveyance of Drainage. Convey to the Town of Swansea the right and
easement to construct, extend, operate, remove, replace, repair and
forever maintain all surface and subsurface drains and their appurtenances,
such as inlets, catchbasins, manholes, wingwalls, ditches, and paved
sluiceways, in and under streets and easements, and where necessary
indicate such easements on the subdivision plans at least five feet
from the centerline of drain on one side and 15 feet on the other.
This shall not be construed to relieve the developer and his successors
in title from the responsibility of maintaining all drains in good
repair until the streets and appurtenant drainage easements are accepted
by the Town. The maintenance of any grassed swales, detention basins,
or similar drainage systems as indicated in the submitted operation
and maintenance plan including but not limited to mowing and removal
of sediment shall be funded by the developer for a period of 20 years.
These funds shall be collected prior to the final surety being released
and deposited into an account for use by the Town to perform said
maintenance.
[Amended 6-6-2022]
(3)
Conveyance of Water System. Convey to the Swansea Water District
the right and easement to construct, extend, operate, remove, replace,
repair and forever maintain all water mains, valves, pipes, hydrants
and other appurtenances in and under streets and easements, indicating
where necessary such easements on the definitive subdivision plan
as extending at least five feet from the centerline of the water pipe
on one side and 15 feet on the other. This shall not be construed
to relieve the developer and his successors in title from the responsibility
of maintaining all water supply piping and appurtenances in good repair
until the streets and appurtenant easements are accepted by the Town.
D.
As-Built Plans
(1)
The applicant shall provide at no cost to the Town a layout of each
street in the subdivision, as built. The Planning Board may hold a
portion of the performance guarantee to cover the cost of work which
is necessary to satisfy this requirement. The plan shall be drawn
in black india ink upon tracing cloth or mylar and shall show the
following:
(a)
Street lines and grades.
(b)
Lot frontage dimensions.
(c)
Bearings of lot lines which intersect with street lines.
(d)
Horizontal and vertical location of storm drainage system, water,
electrical, telephone, gas cable and all other utilities. This shall
include service connections from the main to the street line or to
the limit of easements.
(e)
Grades of gravity features.
(f)
Location of edge of traveled ways.
(g)
Location of edge of traveled ways.
(h)
All data necessary to reproduce any and all lines on the ground.
(i)
Subdivision Name and Title Block in bottom left corner.
(j)
Locus plan and house numbers.
(2)
There shall be no more than one street on each sheet without the
expressed consent of the Board. As-built plans shall be prepared by
a land surveyor currently registered in the Commonwealth of Massachusetts,
as required by law.
(3)
Included with the as-built plans will be a metes and bounds description
of the street as it will be presented to the Selectmen for acceptance
at a Town Meeting.
(4)
A drainage
as-built plan shall be submitted after construction of the drainage
system but prior to lots being released from a covenant or building
permits being issued for the construction of dwellings.
[Added 6-6-2022]
