A. 
Submission of plan. Any person wishing to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law[1] may submit an original reproducible copy of said plan and four contact prints thereof and two original copies of a properly executed Form A to the Planning Board agent,[2] accompanied by the necessary evidence to show that the plan does not require approval and the appropriate filing fee (see § 325-2.5). Said person shall file, by delivery or registered mail, a written notice with the Town Clerk, stating the date of submission to the Board for such determination, accompanied by a copy of said application and describing the land to which the plan relates sufficiently for identification. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor.
[1]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
[2]
Editor's Note: Forms can be obtained from the Planning Board office.
B. 
Contents. Said plan shall be legibly drawn in accordance with the rules and regulations of the Register of Deeds, MGL c. 36, § 13A, as amended, pertaining to plan size, material, lettering and related requirements. The plan scale shall be 40 feet to the inch and contain the following:
(1) 
Identification of the plan by name of owner of record and location of the land in question, distance to the nearest intersection street, the scale, North point and date.
(2) 
The statement "Approval under Subdivision Control Law not required," and sufficient space for the date and the signatures of all members of the Board.
(3) 
Zoning classification and location of any zoning district boundaries that may lie within the locus of the plan. The Assessors' map blocks and lot numbers of the subject property shall be shown.
(4) 
In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown.
(5) 
Notice of any proceedings and copies of decisions by the Zoning Board of Appeals, including but not limited to variances and special permits (exceptions), regarding the land or any buildings thereon.
(6) 
Names of abutters from the most recent local tax list unless the applicant has knowledge of any changes subsequent to the latest available Assessors' records.
(7) 
Names and status (private or public) of streets, ways and easements shown on the plan, to include, but not be limited to, the construction materials of the way; the width of the pavement, if any; the width of the layout of the way or easement; and the book/page of record for the ways and easements.
(8) 
Bearings and distances of all lines of the lot or lots shown on the plan.
(9) 
Location of all existing buildings, including setback, side yard and rear yard designations on land under consideration.
(10) 
Location of all bounds, fences, and walls on land under consideration.
(11) 
All plans shall show the edge of wetlands, the edge of the 100-year floodplain, the edge of isolated areas subject to flooding, the banks of intermittent streams, the banks of perennial streams, the banks of lakes and ponds, the banks of rivers, the edge of riverfront zones, and the edge of the 100-foot wetland buffer zones as applicable. The limits of these resource areas shall be determined in accordance with applicable Massachusetts Department of Environmental Protection regulations (310 CMR 10.00 to 10.60) and any Town of Norfolk Zoning Bylaw, Town bylaw or Town regulation relative to wetland protection, aquifer protection, and/or water resource protection.
(12) 
One-half-inch-diameter circles shall be provided to indicate house numbers assigned by the Board, except that two one-half-inch circles shall be provided for corner lots.
(13) 
Frontage at property and setback line, and area dimensions of each proposed lot.
(14) 
All plans shall be annotated above the signature block with the following statement: "Planning Board endorsement is not a determination as to conformance with Zoning Bylaw."
C. 
Endorsement of plan not requiring approval. If the Board or its authorized agent determines that the plan (Form A) does not require approval under the Subdivision Control Law,[3] it shall without a public hearing and within 21 days of submission endorse the plan. Planning Board endorsement is not a determination as to conformance with zoning regulations. The original plan shall be returned to the applicant, and the Board shall also notify the Town Clerk, in writing, of its action. However, endorsement does not signify buildable lots.
[3]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
D. 
Determination that plan requires approval. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within 21 days of the submission of the plan, so inform the applicant, in writing, and return the plan. The Board shall also notify the Town Clerk, in writing, of its action.
E. 
Recording. The applicant shall file the approved plan at the Registry of Deeds and shall notify the Board by presenting written evidence of the recording of said plan documents within 30 days of approval.
The applicant is responsible for/encouraged to review copies of the regulations of other Town departments/boards before preparing plans and to become aware of any fees/charges of other Town of Norfolk entities.
A. 
Submission of a preliminary plan.
(1) 
A preliminary plan for a residential subdivision may be submitted by the applicant for discussion and approval by the Board. A preliminary plan for a nonresidential subdivision shall be submitted to the Board. The submission of such a preliminary plan will enable the subdivider, the Board, other municipal agencies, and owners of property abutting the subdivision to discuss and clarify the potential problems of such subdivision before a definitive plan is prepared. Therefore, although not mandatory for a residential subdivision, it is strongly recommended that a preliminary plan be filed in every case.
(2) 
Any person submitting a preliminary plan shall give written notice to the Town Clerk, by delivery or registered mail; such notices shall identify the tract, the date of submission, and the name and address of the owner (use Form B).[1] The applicant shall file 13 prints with the Planning Board. Two prints shall be filed with the Board of Health directly. The Planning Board will distribute plans in accordance with § 325-3.3E(2).
[1]
Editor's Note: Forms can be obtained from the Planning Board office.
(3) 
At the time of filing of the preliminary plan, the following shall be submitted:
(a) 
Thirteen copies of plan (with one additional copy if open space preservation plan) and two additional copies of plan to Board of Health (submitted directly to Board of Health).
(b) 
Five copies of narrative of concept of how stormwater drainage will be addressed.
(c) 
Ten copies of narrative as to proposed scope of traffic review.
(d) 
Form B, Application for Approval of a Preliminary Plan; Form D, Designer's Certificate; and Form M-1, Control Form and Preliminary Plan Checklist.[2]
[2]
Editor's Note: Forms can be obtained from the Planning Board office.
(e) 
Three copies of certified list of abutters as specified in § 325-3.3E(3).
(f) 
Application/review fee for earth relocation/removal permit.
(g) 
Application fee and review fee.
(h) 
Completed bank tax ID form for review fee funds.
(i) 
Letter regarding use of Board's consultant. See § 325-2.5.
(j) 
Good-standing approval from Treasurer/Collector's office.
B. 
Contents. The preliminary plan shall be drawn on reproducible paper at a scale of 40 feet to one inch, and on a maximum sheet size of 24 inches by 36 inches. All plans submitted to the Board shall be prepared and stamped by a Massachusetts registered professional engineer and/or land surveyor, as appropriate. Form D, Designer's Certificate, shall be completed and submitted to the Board. The applicant's engineer or surveyor must certify on Form M-1 that the submission is complete. The plan shall be designated as a "preliminary plan," and to form a clear basis for discussion of the details of the subdivision and for preparation of the definitive plan, the plan shall contain the following:
(1) 
The subdivision name, if any, boundaries, North arrow, date, scale, legend and title "Preliminary Plan."
(2) 
The names and addresses of the record owner of the land and the subdivider and the name, seal, and address of the designer, engineer and surveyor who made the plan, all of which shall appear in the lower right-hand corner.
(3) 
Identify abutting property owners by names and addresses, as determined from the most recent local tax list, unless the applicant shall have more recent knowledge of such abutters.
(4) 
The locus (scale one inch equals 1,000 feet) of the land shown on the plan with sufficient information to accurately locate the proposed subdivision. All plans shall contain a location overview plan at a scale of between one inch to 100 feet and one inch to 400 feet depending on the size of the subdivision. The location plan shall show the entire subdivision layout; adjacent streets, if any, or streets within a reasonable distance, sufficient to identify the location of the subdivision and its access from a public street; and shall be shown on the title sheet.
(5) 
The existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision, in a general manner.
(6) 
Major features of the land such as existing walls, fences, monuments, buildings, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways. Aerial photographs when available shall be provided. Location and area of dry land satisfying lot area requirements (see Zoning Bylaw[3]) shall also be indicated.
[3]
Editor's Note: See Ch. 310, Zoning.
(7) 
A general description of the type of systems of sewage disposal, water installation and surface drainage in a general manner, including adjacent existing natural waterways.
(8) 
The approximate boundary lines of proposed lots, with lot numbers, approximate areas and dimensions. Lot numbers are to be unique along a given street including extensions.
(9) 
The names, approximate location and widths of adjacent streets and of streets approaching or within 500 feet of the subdivision. Information to demonstrate that adequate stopping sight distance can be achieved shall also be provided (see Article 4).
(10) 
The topography of the land with a two-foot contour interval based on the Town datum [National Geodetic Vertical Datum of 1929 (NGVD)]. Water bodies and their maximum annual elevations shall be shown with the date of measurement. The FEMA community panel number, zone designation, and base flood elevation shall be indicated on the plans.
(11) 
Soil type based on the standards of United States Department of Agriculture, Natural Resources Conservation Service.
(12) 
Letter designation or names of the proposed streets.
(13) 
Preliminary profiles of existing grades and approximate proposed finished grades of the roadway, drainage and utilities.
(14) 
Area of contiguous land and water of the applicant not presently being subdivided, with a sketch plan showing a feasible future street layout for such contiguous land, if any.
(15) 
The zoning classification of land shown on the plan and the location of any zoning district boundaries, including any overlay zoning, floodplains and wetland districts.
(16) 
The Assessors' map, block, and lot numbers of subject property shall be shown.
(17) 
Easements and rights-of-way applicable to the area shown on the plan.
(18) 
Appropriate title block and signature space shall be provided. Reference to an approved preliminary plan or definitive plan for the site shall also be indicated, if applicable.
(19) 
All proposed waivers to be requested or a statement to the effect that no waivers are being requested shall be indicated on the plans.
C. 
Approval of a preliminary plan.
(1) 
The Board may give such preliminary plan approval, with or without modification or suggestion, after the Board's review and, at the Board's option, review with the Board of Health, the Conservation Commission, the Board's engineer/consultant, Highway Department, Board of Water Commissioners and other Town agencies. Such approval does not constitute approval of the subdivision but enhances the definitive plan review/approval process.
(2) 
Within 45 days after the proper submission of a preliminary plan, each Board (Planning and Health) shall file its findings in accordance with MGL c. 41, § 81S, as amended.
(3) 
The original of the preliminary plan will be returned to the applicant. Approval shall be effective for seven months from the date of plan submittal.
D. 
Disapproval of a preliminary plan. In the event of disapproval of a preliminary plan, the Board shall state the reasons for its disapproval in accordance with MGL c. 41, § 81S.
The applicant is responsible for/encouraged to review copies of the regulations of other Town departments/boards before preparing plans and to become aware of any fees/charges of other Town of Norfolk entities.
A. 
Submission of a definitive plan. In order to maintain statutory rights under the preliminary plan, the definitive plan(s) shall conform substantially to the preliminary plan as approved but may constitute only that portion which is proposed to be recorded and developed at the time. The subdivision rules and regulations and zoning in effect at the time of the submission of the preliminary plan shall govern the definitive plans(s) if it is duly submitted within seven months of the preliminary plan submittal. Any person who submits a definitive plan of a subdivision to the Board for approval shall file with the Board all items required in Subsections A, B, C and D of this section and the appropriate filing fee (see § 325-2.5) for a definitive plan to be duly submitted in accordance with these rules and regulations and the General Laws of Massachusetts.
(1) 
Such submission shall be made to the Planning Board or its agent and include the following: a reproducible drawing of the definitive plan, and the following contact prints thereof shall be dark line on white background. The Planning Board agent shall distribute the prints as indicated in Subsection E(2).
(a) 
Where floodplain/wetlands are involved on a definitive plan, the applicant must file the definitive plan with the Norfolk Conservation Commission simultaneously with the filing of the definitive plan with the Planning Board. A final decision by the Planning Board will be forthcoming only after the applicant has obtained a written report from the Conservation Commission, stating that the basic location of the roadway layout and drainage structures can be built without being in violation of the Wetland Protection Act, MGL c. 131, § 40, and Town of Norfolk bylaws. Also, where floodplain/wetlands are involved on a definitive plan, the applicant shall clearly delineate the location of the same and indicate the percent of land area for each lot that is floodplain/wetlands.
(b) 
Consideration may be given to lack of improvements on roads leading to the subdivision. The applicant may be required to make necessary improvements on roads leading to the subdivision. When the subdivision requires modification to an existing Town road under the jurisdiction of the Board of Selectmen, the applicant must simultaneously file the plan with the Selectmen. A final decision by the Planning Board will be forthcoming only after the applicant has obtained approval from the Board of Selectmen to undertake the modification.
(2) 
At the time of filing of the definitive plan, the following shall be submitted:
(a) 
Thirteen copies of the plan (one additional when open space preservation subdivision) and two additional copies of the plan to the Board of Health (submitted directly to Board of Health).
(b) 
Five copies of stormwater/drainage report.
(c) 
Ten copies of impact statement.
(d) 
Five copies of traffic assessment (study) (with additional copies as may be requested on a case-by-case basis).
(e) 
Form C, Application for Approval of a Definitive Plan;, Form D, Designer's Certificate; and Form M-2, Control Form and Definitive Plan Checklist.[1]
[1]
Editor's Note: Forms can be obtained from the Planning Board office.
(f) 
Three copies of certified list of abutters as specified in Subsection E(3).
(g) 
Application for earth removal from Board of Selectmen (where applicable).
(h) 
Earth relocation/removal application from Planning Board (where applicable).
(i) 
Application to Highway Superintendent for street excavation permit and, when applicable, Scenic Roads Act[2] hearing and shade tree hearing.
[2]
Editor's Note: See MGL c. 40, § 15C.
(j) 
Application fee and review fee.
(k) 
Earth relocation/removal application and review fee (when applicable).
(l) 
Completed bank tax ID form for review fee funds.
(m) 
Letter regarding use of Board's consultant. See § 325-2.5.
(n) 
Good-standing approval from Treasurer/Collector's office.
(3) 
The definitive plan shall be prepared by a project team which shall include a professional civil engineer (PE) and a professional land surveyor (RLS) registered in Massachusetts and professional personnel of other disciplines as specified in applicable sections of these rules and regulations. All professional personnel shall maintain current registration or certification if available for that discipline in Massachusetts.
(a) 
The classification and precision of surveys shall conform to Class A or better of the most recent Land Court Manual of Instructions, Commonwealth of Massachusetts. It is recommended that all other survey and definitive plan preparation, where not herein specified, be guided by the Manual of Instructions.
(b) 
The plan shall be a scale of one inch equals 40 feet or such other scale as the Board may accept to show details clearly and adequately. All plans shall contain a location overview plan at a scale of between one inch to 100 feet and one inch to 400 feet depending on the size of the subdivision. The location plan shall show the entire subdivision layout, adjacent streets, if any, or streets within a reasonable distance, sufficient to identify the location of the subdivision and its access from a public street, and shall be shown on the title sheet.
(c) 
Sheet sizes shall be 24 inches by 36 inches, including a three-fourths-inch border.
(d) 
All plans shall include a plat of the locus and a facsimile of a one-square-mile section of the current Zoning Map at a scale of one inch equals 1,000 feet, showing the relation of the subdivision to the highway and major streets in the Town.
(e) 
All plans shall include a title sheet. If multiple sheets are used, they shall show each lot in its entirety on one sheet and shall be accompanied by an index sheet showing the entire subdivision at a scale of one inch equals 200 feet. A listing of drawings (plan sheets) and revision status, as well as a legend of symbols, shall also be provided.
(f) 
Appropriate title block and signature space shall be provided in accordance with the typical detail in Appendix D.[3] The title block shall be located in the lower right-hand corner of each plan sheet, and the signature space for both the Planning Board and Town Clerk shall be located on the right side of each plan sheet. Reference to an approved preliminary plan or definitive plan for the site shall also be indicated, if applicable.
[3]
Editor's Note: Appendix D can be obtained from the Planning Board office.
(g) 
All plans shall contain a location overview plan at a scale of between one inch to 100 feet and one inch to 400 feet depending on the size of the subdivision. The location plan shall show the entire subdivision layout, adjacent streets, if any, or streets within a reasonable distance, sufficient to identify the location and the access to the land, and shall be shown on the title sheet.
(4) 
The applicant shall also file by delivery or registered mail a notice with the Town Clerk, stating the date of submission to the Board for such approval, accompanied by a copy of the completed Form C, Application for Approval of a Definitive Plan.
B. 
Contents. The applicant's engineer or surveyor must certify on Form M-2 that the submission is complete. The definitive plan shall contain the following information:
(1) 
A cover sheet, which includes an overall plan view of the subdivision lots with designations as to what page(s) of the plan those lots can be found in greater detail and a key plan indicating what can be found on each plan sheet, and a title, appearing in the lower right-hand corner of each sheet, showing the name of the subdivision, if any; the date; scale; North arrow; and the names and seals of the designer, engineer and surveyor who made the plan. A revision block shall also be provided on each sheet, indicating the number, date and description of all revisions.
(2) 
North arrow, whether true, magnetic or grid, along with a bench mark and so indicated, and the boundaries of the subdivision indicated by shading.
(3) 
Location and ownership of abutting property as it appears on the certified list of abutters, unless the applicant shall have more recent knowledge of such abutters, so indicated, including all abutting land owned by the applicant not presently being subdivided and location and ownership of all other land within 500 feet of the boundaries of the land shown in the subdivision.
(4) 
Major features of the land, such as existing waterways, swamps and water bodies, natural drainagecourses, walls, fences, buildings, wooded areas, outcroppings and ditches, old foundations, burial grounds, wells and other structures which exist on or near the site at the time of survey. Where available, aerial photographs may be required. Location and area of dry land, satisfying the requirements for continuous buildable lot area of the Zoning Bylaw,[4] shall be indicated. The limits of any vegetated wetland, including any swamp, wooded swamp, meadow, bog or marsh, shall be established in the field by a professional botanist and shall be mapped through a field survey of the botanist's markings and shown on the plan. FEMA panel number, zone designation, and base flood elevation shall be indicated on the plan.
[4]
Editor's Note: See Ch. 310, Zoning.
(5) 
Lines of existing and proposed streets, setback lines, ways, lots, lot numbers of each lot designated numerically in sequence, easements, and public or common areas within the subdivision. The name designation of proposed streets shall be shown in pencil. Half-inch circles are to be shown on each lot for house numbers to be assigned by the Board (two half-inch circles for corner lots). Lot numbers are to be unique along a given street, including extensions.
(6) 
Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, and to establish these lines on the ground. This shall include the lengths and bearings of plan and boundary lines of all subdivision lot lines, including lot frontage on the streets, of the radii, tangents, and central angles of all curves in lot lines and street lines. All angle points or intersections of tangents along the street lines shall be shown. Areas of lots with lot numbers and the area and frontage on public ways as set forth in MGL c. 41, § 81L, of adjoining lands of the applicant not included in the subdivision shall be shown.
(a) 
The surveyor shall submit mathematical computations (lot closures and build factor calculations) for all lots under consideration.
(b) 
Subdivision streets shall be listed separately on the plan as parcels (i.e., Parcel A, Parcel B, Parcel C, etc.), with the square footage of these parcels included. Parcels are not subject to the application fees as lots.
(c) 
If the subdivision street is to be only partially constructed, the constructed portion and unconstructed portion are to be identified as separate parcels. Each parcel (street) is to include the length of roadway in feet and miles.
(7) 
Location of all permanent monuments properly identified as to whether existing or proposed. The proposed subdivision shall be tied into the nearest existing Town, county, or state bound.
(8) 
Location, names, pavement widths, right-of-way widths, and designation as public or private of all streets or private ways bounding, approaching or within reasonable proximity of the subdivision.
(9) 
The zoning district classification of land shown on the plan and the location of any zoning district boundaries that lie within the locus of the plan and the applicable minimum lot size, frontage, and front, side and rear yard setback requirements as appropriate.
(10) 
Assessors' map, block, and lot of subject property shall be shown on the plan.
(11) 
Indication of all existing and proposed easements and rights-of-way applying to the land and their purposes, whether or not within the subdivision, and any decision on appeal or any variance or exceptions (special permits) made by the Zoning Board of Appeals applicable to the subdivision of the land or any buildings thereon.
(12) 
If the property that comprises the subdivision or any part or boundary thereof has been examined, approved, and confirmed by the Massachusetts Land Court, such information shall be noted on the plan, with case numbers and other pertinent references to Land Court procedure, and the same requirement shall apply to any adjoining parcels of land of the applicant.
(13) 
Suitable space to record the action of the Planning Board and the signatures of all members of the Board, including, where appropriate, the words "Deeds of easements to be recorded herewith" or the words "Covenants to be recorded herewith." The signature space shall appear on the right side of each plan sheet and shall include space for the Town Clerk.
(14) 
Frontage at property and setback line, and dimensions of each proposed lot. Base lines shall be clearly indicated on all submitted plans showing stations at all points of curvature, points of tangency, angle points, and 100-foot stations.
NOTE: Items in Subsection B(15) through (22) shall be submitted on separate sheets of the same size and material as the plan sheet. Each sheet shall bear title block and signature block as required in Subsection B(1) and (13) above. Items in Subsection B(21) shall be submitted in text and tabular form.
(15) 
Plan and profile.
(a) 
Existing profiles of the street exterior and center lines drawn in fine black line; dot long dash for left, short dash for right side, and solid for center line. Proposed profile on the finished center line drawn in heavy black solid line of proposed streets at a horizontal scale of one inch equals 40 feet and vertical scale of one inch equals four feet, or such other scales acceptable to the Board.
(b) 
Existing and proposed center line grades are to be shown on plan profile sheets. Grades are to be shown at fifty-foot intervals at even stations and half stations. Elevations are also to be shown at the PVC, PVI, and PVT of vertical curves and at twenty-five-foot intervals along the vertical curve. All existing and proposed intersections and sidewalks, curb-cut ramps, bikeways and walkways, storm drains and water lines shall be shown with all proposed grade elevations calculated. Elevations are to be referenced to the Town datum (National Geodetic Vertical Datum of 1929, NGVD). Gradients shall be shown by figures expressed in percent.
(16) 
Contour plan/grading plan.
(a) 
Existing and proposed topography shall be shown at two-foot contour intervals. In no case shall earth removal exceed more than 10,000 cubic yards for the construction of the roadway whether in the layout or on adjacent lots. There shall also be indicated by differentiating symbols the contour line for four feet above said high-water mark. All lot grading must be indicated on the plans to ensure that proper lot drainage and site grading issues are addressed. All bench marks shall be noted, as well as items required in Subsection D. Existing contours shall be shown as dashed lines with all existing topography screened and proposed contours solid.
(b) 
The Board may require certification of compliance with MGL c. 21E, as most recently amended, with respect to the existence of contamination or threat of contamination on the site. Removal of earth shall be performed in accordance with the requirements set forth in Article 9 and in accordance with Chapter 156, Earth Removal, of the Town of Norfolk bylaws, as most recently amended, as specified by other agencies. The grading plan shall indicate conformance, as applicable.
(17) 
Utility plan.
(a) 
Size and location of existing and proposed water supply mains, hydrants, gas, electric, telephone, cable television, fire alarm, streetlighting, sanitary sewers, and storm drains, and including all appurtenances and easements pertinent thereto, logs of borings and test pits, and method of carrying water to the nearest watercourse or easements for drainage as needed, whether or not within the subdivision. Location of proposed driveways shall be indicated on the plan.
(b) 
If the Planning Board approves off-site surface water discharge, the applicant or developer shall clearly indicate what course the discharge will take and shall present to the Board evidence from their engineer that such discharge is satisfactory and permitted by public or private ownership of adjacent street or property. In general, surface water shall be contained on-site.
(c) 
All transformers are to be located outside the right-of-way on easements for individual lots.
(d) 
The utility installation shall not interfere with the installation of sidewalks, trees, retaining walls, guardrails or other subdivision improvements.
(e) 
The Board is to be supplied a copy of the plan prepared by the electric utility company, showing the proposed location of the transformers, and the Board's agent is to make a site observation of transformer pad locations prior to installation of the transformers. The final location of transformers and easements shall be approved by the Board prior to construction and shall be shown on the as-built plan.
(18) 
Drainage calculations. Drainage calculations shall be submitted in a suitable form, along with amplifying plans outlining drainage areas within and affecting the subdivision. A plan shall also be submitted showing the route followed by all drainage discharging from the subdivision to the primary receiving watercourse or other large body of water or on-site disposal.
(19) 
Tree plan. For the area within the proposed street right-of-way and 10 feet beyond and parallel thereto, show the following superimposed on the contour plan:
(a) 
Existing trees if in living viable condition and having a trunk in excess of 12 inches in diameter measured four feet above grade, or if of special importance because of species or distance from other trees, or if field-marked for location by the Planning Board or its agent; in each case, indicating whether such tree is to be retained or removed.
(b) 
Proposed plantings and easements in accordance with Town bylaws and these rules and regulations (Articles 4 and 5).
(20) 
Cross sections. Typical cross sections of each street, roadway, drainage ditch and sidewalk to be constructed.
(21) 
Impact studies and assessments.
(a) 
The applicant shall inform the Planning Board of any and all impacts that the proposed development may have on the abutters, neighborhood, community and Town. These impacts include the aspects of traffic, water supply, solid waste disposal, sewerage, stormwater drainage, fire/police protection and infrastructure in general, as well as environmental contamination issues of noise, water, air, etc. The applicant shall also indicate the measures which will be implemented to mitigate the results of these impacts.
(b) 
The Board may additionally require at its discretion that the applicant prepare and submit impact studies and assessments for specific aspects that the Board believes to be of paramount concern to the health, safety and welfare of the Town. The need for a study/assessment will be based upon the Board's determination that a potential significant impact(s) exists and mitigation measures are required.
(c) 
The Board may require an impact statement as to the effect of a proposed subdivision on schools, police, fire protection, traffic, and municipal services.
(d) 
The impact study shall include impact of drainage on abutting public water supply as well as impact on the public water supply in general.
(e) 
The applicant shall use appropriate professionals to perform the necessary studies/assessments, and the appropriate number of copies of the results shall be presented in a written report to the Board, as required.
(22) 
Sedimentation and erosion control plan. A comprehensive sedimentation and erosion control plan shall be submitted to the Board and/or other Town agencies, showing the staging of construction and the measures to limit waterborne and wind-induced erosion, which shall include quick-rooting vegetation, expeditious stabilization of disturbed area, hay bales, diversions, siltation fences, and sedimentation basins. The predevelopment and construction stage sediment loadings in all watercourses shall be calculated using the Universal Soil Loss Equation.
(23) 
Traffic congestion control and analysis. Maintenance of a high level of service on Town roadways is important to the preservation of safety, convenience and character of the Town of Norfolk. New development shall only be permitted when the projected traffic to be generated by the development can be accommodated either by existing roadway capacity or through proposed improvements that will ensure safety and the preservation of Norfolk's Town character.
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ADEQUATE
A level of service "B" or better for rural, scenic and residential streets, and for new streets and intersections to be created in connection with the proposed project, and "C" or better for all other streets and intersections.
ADJACENT ROAD NETWORK
All primary and secondary roads located within a 1/2 mile radius of the nearest point of the proposed development, including proposed primary and secondary roads necessitated by new land development activity which will generate traffic. The adjacent road network may include roadways within adjacent towns.
CAPITAL TRANSPORTATION IMPROVEMENTS
Major and generally costly tasks aimed at improving local transportation networks, including but not limited to the planning of, engineering for, acquisition of land for, and construction of roads, turn lanes, intersection improvements and signalization, but not including routine maintenance.
LEVEL OF SERVICE (LOS)
A measurement of the adequacy of a roadway segment or intersection to handle the existing or proposed flow of traffic. Level of service shall be calculated using the methodology of the most recent edition of the Transportation Research Board Highway Capacity Manual.
PEAK PERIODS
The times during the day and week which represent the maximum levels of traffic flow and shall be determined for the specific use proposed; generally, commuter peaks are considered to be from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. Monday through Friday. Retail peaks occur on Saturdays, weekday evenings, and major holidays or seasons.
TRIP GENERATION
The addition of motor vehicle trips to area roadways as a result of any given type of land use activity or development which attracts or produces such trips. Trip generation figures shall be calculated using the numbers presented in the most recent edition of the Institute of Transportation Engineers Trip Generation Manual.
(b) 
Traffic impact analysis. To assist the Town in reviewing the potential impacts of traffic generated by a proposed use or development of land, all applications for subdivision approval or site plan approval must be accompanied with 10 copies of the traffic impact analysis, unless waived by the Board following a finding that traffic impacts caused by the proposed use or development of land will be insignificant, and that level of service (LOS) will be maintained or improved as a result of the project.
[1] 
The traffic impact analysis must document the existing traffic conditions in the vicinity of the proposed project, and the potential impacts of the traffic generated by the proposed development on the adjacent road network. Any measures proposed to mitigate adverse traffic impacts shall be identified and described.
[2] 
Any project which would result in a significant decrease (one full level or below LOS C) in level of service on any part of the adjacent road network during peak periods shall:
[a] 
Reduce the scale of the project to maintain the adjacent road network at the existing level of service during peak periods; or
[b] 
Phase the project to match the availability of planned local improvements to the adjacent road network which will maintain an adequate level of service following construction; or
[c] 
Undertake the necessary capital improvements to improve or maintain the adequacy of the adjacent road network; or
[d] 
Provide an off-site roadway or improvements bond for the necessary off-site capital improvements equal to the development's cost of lessening congestion that results from the proposed development as determined by the Planning Board, its agent or representative.
[3] 
Contents of traffic impact analysis. The following information shall be included in the traffic impact analysis for the adjacent roadway network. The Board may waive any sections of these requirements it deems appropriate upon request and on a case-by-case basis:
[a] 
Existing traffic conditions: average daily and peak hour volumes, average and peak speeds, accident data, LOS of intersections and street segments likely to be affected by the proposed development.
[b] 
Projected traffic conditions for the design year of the project.
[c] 
Projected impact of proposed development: peak hour and daily traffic to be generated by the development; sight lines at new intersections; proposed traffic controls; projected post-development LOS and volumes on affected streets.
[d] 
Monitoring of post-development projections shall occur approximately 12 months after full build-out is complete. The post-development traffic report shall catalogue activity related to LOS, volumes and safe access, and approval of this report shall be the basis of the final bond release.
[e] 
Data submitted for initial approval/review shall be no more than six months old at the date of application, unless due to significant recent development the Board determines there will be a significant impact on the numbers.
(24) 
Curb tie and alignment plan. A curb tie and alignment plan shall be submitted, showing the following information:
(a) 
Station and offset to all curbs at their point of curvature (PC), point of tangency (PT), and point of compound curvature (PCC).
(b) 
Existing and proposed bounds with a tie in to the nearest town, county, or state bound.
(c) 
Chart indicating all proposed bounds with north and east coordinates and station and offset.
(d) 
Bearings, distances, and curve data for all existing and proposed baselines, curblines, and right-of-way lines.
(e) 
Widths of existing and proposed traveled ways, grass strips, and sidewalks.
(f) 
Stations of all intersecting existing and proposed base lines.
(g) 
Chart indicating the location by station of curb cut ramps along with the roadway identification.
(25) 
Waivers, construction sequencing and timing. The plans shall indicate all waivers requested by the applicant and approved by the Planning Board. The plans shall also show the proposed construction sequencing and timing for the subdivision.
(26) 
Detail plan. A plan shall be prepared and submitted indicating all the details in plan, section, and elevation as required to fully understand and complete the proposed project in accordance with the Planning Board's rules and regulations. Details included in the Planning Board rules and regulations and required for the proposed project shall be included on the detail plan. In addition, the Planning Board may require additional details to be included with the contact plans which it believes will assist the contractor and the Town of Norfolk to fully understand the proposed project.
(27) 
Wetland and water resource protection. The attention of the applicant is directed to provisions of MGL c. 131, § 40, Removal, fill, dredging or altering of land bordering waters, and to any Town of Norfolk Zoning Bylaw and bylaw regulations relative to wetland protection, aquifer protection, and/or water resource protection.
C. 
Staking. To facilitate review of the definitive plan by the appropriate authorities, at the time of filing of the definitive plan, the applicant shall stake the center line of all proposed streets at a minimum of every 100 feet with the center line stations, including intersections with existing roadways.
D. 
Soil survey and percolation tests. The Board or its agent may require soil surveys and/or test pits or borings, which are to be prepared at the expense of the applicant, in order to establish the suitability of the land for the proposed storm drainage system and proposed street construction. See also Norfolk Board of Health regulations.
(1) 
Test pits, borings or soundings shall be taken along the center line of each street shown on the plan at intervals of at least every 200 feet and at locations such as cut sections and areas of questionable foundation material where the subsurface conditions may be, in the opinion of the Board or its agent, factors affecting the quality and service life of the street. Test pits shall be made under the supervision of an agent of the Planning Board, and shall not be backfilled until the applicant has been notified by the Board or its agent that all necessary inspection and sampling has been completed. Where borings are used, samples shall be taken at five-foot intervals and at each change in strata. Soundings shall be taken in areas of unsuitable material for the purpose of determining the hard bottom contours. Test pits and boring, where required, shall extend to a minimum depth of five feet below the street profile grade or to bedrock, whichever is less. The applicant shall indicate on the plan a proposed layout of the subsurface exploration program complete with location, spacing, and type of exploration proposed.
(2) 
Soil surveys, when required by the Board or its agent, shall include a test excavation not less than seven feet below finished grade at a frequency of one per every four lots, location of which must be shown on the contour plan, and a report thereon, a percolation test at a frequency of one per every four lots, location of which must be shown on the contour plan, and a report thereon. Percolation test shall be in accordance with Title 5 of the Commonwealth of Massachusetts State Environmental Code, as supplemented.[5]
[5]
Editor's Note: See 310 CMR 15.00.
(3) 
All information concerning the test pits, borings or soundings (location, depth, soil strata, depth of water table) shall be submitted to the Board in a written report to be made, evaluated and stamped by a registered professional engineer.
E. 
Procedure.
(1) 
Review by Board of Health as to suitability of land.
(a) 
At the time of filing of the definitive plan, the applicant shall also file with the Board of Health two contact prints of the definitive plan, dark line on white background, together with any and all information specified in the Board of Health's rules and regulations, which may include percolation and other tests as well as septic system details and other information as the Board of Health may require. The Board of Health shall, within 45 days after filing of the plan, report to the Planning Board, in writing, its 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 therefor in such report, and where possible, shall make recommendations for the adjustment thereof.
(b) 
Failure of the Board of Health to make such a report within 45 days after the plan is filed with its office shall be deemed approval by that Board. The Board of Health shall send a copy of its report, if any, to the person who submitted said plan. Every lot so located that it cannot be served by a connection to the municipal sewer system shall be provided with septic tank and drain field satisfactory to the Board of Health and/or the Commonwealth of Massachusetts Sanitary Code minimum standards as the Board of Health shall determine. A note shall be added to all plans as follows: "No dwelling will be constructed on any lot without first securing from the Board of Health the disposal works construction permit required by Title 5 of the State Environmental Code." The approval of a definitive subdivision plan by the Board does not absolve the developer of any other requirements of the Board of Health or other Town boards.
(2) 
Review by other Town officials.
(a) 
The Planning Board agent will transmit copies of the definitive plan to Town officials other than the Board of Health as follows: one copy each to the Conservation Commission, Board of Water Commissioners, Highway Department and the Police Department/Fire Department and also two copies to the Planning Board's Engineer.
(b) 
Before the definitive plan is approved, the Board will request written statements from the above officials prior to the public hearing with regard to the proposed improvements in the following respect, but not limited to:
[1] 
Conservation Commission as to potential involvement with MGL c. 131, § 40, and the effects of the subdivision on streams, wildlife and similar considerations within the scope of the Conservation Commission.
[2] 
The Board's Engineer as to the design of the street system, location of easements, monuments, drainage system, water system and, if applicable, a sewage system and their appurtenances, and relationship to existing water and drainage systems.
[3] 
Fire Department as to location of hydrants and emergency access.
[4] 
Police Department as to street safety, both vehicular and pedestrian, and access for emergency vehicles.
[5] 
Highway Department as to the design of the street system, including the feasibility of snow removal from sidewalks and roadways.
[6] 
Board of Water Commissioners as to the design of the water system, as applicable.
(3) 
Public hearing. Before taking any action to approve, modify and approve or disapprove a definitive plan, the Board shall hold a hearing at which parties in interest shall have an opportunity to be heard, in person or by agent or attorney. Notice of the time and place of such hearing and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the Town of Norfolk once in each of two successive weeks, the first publication to be not less than 14 days before the date of the hearing, and by mailing a copy of such notice to the applicant and to all owners of land abutting the land and all owners of land within 300 feet of a property line of the land shown on the plan as indicated in the certified list of abutters obtained by the applicant from the Norfolk Board of Assessors.
(4) 
Planning Board procedure.
(a) 
The procedure that the Board will follow with regard to approval, disapproval or modification of the definitive plan submitted by the applicant will be that as set forth in MGL c. 41, § 81U, as amended. In summary, the Board, after receiving the plan and profiles, will review same to determine whether they are in compliance with its adopted rules and regulations, the Zoning Bylaw and other applicable statutes.
(b) 
The Planning Board may require that a subdivision plan show a park or parks suitably located for playground or recreation purposes or for providing light and air and not unreasonable in area in relation to the area of the land being subdivided and the prospective uses of such land, and if so determined, the Board shall endorse the plan to require that no building may be erected on such park or parks for a period of not more than three years without the Board's approval.
(c) 
Before approval of the plan, the Board shall establish that the street pattern is safe and convenient, that proper provision is made for street extension and that all other purposes of the General Laws are met. The Board may, as a condition of granting approval under MGL c. 41, § 81U, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the Town. In such event, the Board shall endorse such conditions on the plan to which they relate, or set forth a separate instrument attached thereto, to which reference is made on such plan and which shall, for the purpose of the Subdivision Control Law,[6] be deemed to be a part of the plan.
[6]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
(5) 
Approval or disapproval.
(a) 
The action of the Board with respect to such plan shall be by vote, copies of which shall be filed with the Town Clerk and sent to the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its action. Failure of the applicant to submit revised plans and other required submittals within six months of approval with modifications shall automatically rescind approval of the plan. If subdivision approval is granted by the Board, the applicant shall submit a revised plan reflecting any and all conditions of approval within 60 days of filing of Form C-1, Certificate of Approval of a Definitive Plan, or Form C-2, Certificate of Approval with Modifications of a Definitive Plan, with the Town Clerk. The Board shall rescind its disapproval if, within six months of such disapproval, the applicant submits revised plans and other required submittals fully conforming to the rules and regulations of the Board and resolving the specific reasons for disapproval. The Planning Board, on its own motion or on the petition of any interested person, shall have the power to modify, amend, or rescind its approval of a plan of a subdivision, or to require a change in a plan as a condition of its retaining the status of an approved plan (MGL c. 41, § 81W).
(b) 
A note shall be added to the approved plan, adjacent to the signature block, on all pages with the following words: "Conditionally approved in accordance with MGL c. 41, § 81U, as shown in covenant to be recorded herewith."
(c) 
Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signatures of a majority of the Planning Board but not until the statutory twenty-day appeal period has elapsed following the filing of the Board's certificate of approval or disapproval, as the case may be, with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. If appeal has been made, said endorsement shall be made after the entry of the final decree of the court sustaining the approval of such. Final approval shall be subject to the construction specifications contained herein and to the rules and requirements of the Town departments, agencies and the Board of Health. Prior to endorsement by the Planning Board, the applicant shall submit the approved version of the plan on an electronic file format acceptable to the Planning Board, which is compatible with AutoCAD Release 14 (or any subsequent release which the Town of Norfolk adopts). After the definitive plan has been approved and endorsed, the Board shall return the original to the applicant. The Board may extend the time period permitted by statute between submission of a definitive plan and action thereon upon written request of the applicant. Approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets shown on the plan.
A. 
Performance guarantee.
(1) 
Before endorsement of the Board's approval of any definitive subdivision plan, the applicant shall agree:
(a) 
To complete [except in the case of any portion of the subdivision for which a surety company performance bond, a bank passbook, a performance bond secured by a deposit of money, or a lender's agreement shall have been filed pursuant to Subsection A(3)(a), (b), (c) and (d)] the required improvements for the subdivision, specified in these rules and regulations, within two years of the date of such approval;
(b) 
To complete the required improvements for any portion of the subdivision for which a surety company performance bond or a performance bond secured by a deposit of money or lender's agreement shall have been filed pursuant to Subsection A(3)(b), (c) and (d) within two years of the date of the performance bond or within two years of the date of the Board's approval of the definitive plan, whichever date shall occur the earlier; and
(c) 
That no building permits shall be issued until at least the binder course of the bituminous concrete, as specified in these rules and regulations, has been applied to the streets which serve that structure.
NOTE: There is a 25% contingency added to all bond estimates, and the Board retains a minimum of 10% of the original bonding amount. This is released only after the subdivision street(s) has been accepted by a vote of Town Meeting.
(2) 
The procedure for posting of a performance guarantee is presented in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3) 
Construction of ways and installation of municipal services for an approved subdivision shall 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 applicant with the written consent of the Board:
(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. The Planning Board may also require that the application specify the time within which such construction shall be completed. Letters of credit are not considered proper bond. The Planning Board may require that the developer post a proper bond to secure repair and reconstruction of adjacent public ways that may be damaged from construction operations and/or utility improvements associated with the subdivision over and above typical wear and tear. In cases deemed appropriate by the Planning Board, the Board or its agent will establish baseline roadway conditions by performing a roadway condition survey and document the condition of adjacent roadways in a report to the Planning Board with the cost borne by the applicant. The Planning Board or its agent will then establish the value of the bond. After completion of the project, the Planning Board or its agent will determine the extent of any damage present and the amount of any bonded funds to be withheld necessary to repair the affected roadways.
(b) 
By a deposit of money 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. The Planning Board may also 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 mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no 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 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. Failure to so complete the required improvements within two years of the date of the Board's approval of the definitive plan shall automatically rescind approval of said plan.
(d) 
By delivery to the Planning Board of an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the Planning Board and otherwise due the applicant to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work, and shall further provide that in the event the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be available for completion.
(4) 
A note shall be added to all plans as follows: "Plans subject to covenants, conditions and restrictions set forth in a covenant(s) dated (blank) to be recorded herewith."
B. 
Time for completion. If the ways in any subdivision are not completed and the utilities aforesaid are not installed within the time so agreed to by the applicant or so required by the Board, including any extensions granted by the Board, any such bond may be enforced and any such deposit may be applied by the Planning Board for the benefit of the Town. Ways or portions thereof not completed within the time required shall thereafter be completed in accordance with the design and construction standards of the Board in effect at the time of approval upon the expiration of such time.
C. 
Endorsement.
(1) 
No endorsement will be made until the applicant has paid all bills owed to the Board and all taxes, assessments, and charges owed to the Town of Norfolk have been paid and a municipal lien certificate has been provided to the Planning Board.
(2) 
All performance observation/inspection fees (Planning Board consulting engineer observation fee and Town Highway Department inspection fee) are to be paid prior to endorsement of the definitive plan and are to be placed in separate accounts. All unexpended funds are to be returned to the applicant at the time of street acceptance by the Town of Norfolk. All such accounts are to be maintained at a minimum of 50% of the amount of the original submittal.
(3) 
Running descriptions of all roads and easements shall be provided for review and approval prior to endorsement.
(4) 
Deeds to individual lots containing drainage easements within their boundaries shall contain a covenant such that the easements are to be kept clear of trees, plantings, fences, other structures, and the like to provide for accessibility by the Town to perform maintenance to drainage structures after street/easement acceptance at a Town Meeting. Copies of deeds of the lots affected by this type of easement and all other easements (sight line, turning, utility, slope, both temporary and permanent, etc.) are to be submitted to the Planning Board for review and approval prior to endorsement. In addition, the applicant shall provide the Town of Norfolk with easements for all those areas off the subdivision limits that contain drainage, slope (temporary and permanent) or other types of easements.
(5) 
At least 15 days prior to submittal of the plan for endorsement, all required covenants shall be provided to the Planning Board with an attorney's certification that title to the premises shown on said plan and appurtenances thereto, including any off-site easements and rights-of-way, are in the applicant's name and are free of all encumbrances set forth and will not preclude any required subdivision improvements.
(6) 
All unconstructed portions of any right-of-way shall be conveyed to the Town. A running description of this property is to be submitted to the Board for review and approval prior to endorsement with the property conveyed to the Town prior to the release of any and all lots in the subdivision.
D. 
Recording. The applicant shall file the approved set of definitive plan documents (including details, etc.) and covenant, if any, at the Registry of Deeds, and shall notify the Board, in writing, presenting evidence of the recording of said plan and the covenant within 30 days of approval. The applicant shall deliver to the Board one copy of the approved and recorded definitive plans, and a copy of an affidavit filed by the owner stating that the title to the premises shown on said plan and appurtenances thereto is in the applicant's name and is free of all encumbrances or with encumbrances as set forth.
E. 
Release of lots. The applicant shall submit to the Board a completed Form H[2] to seek approval for the release of lots. Lots are only released after the applicant submits an up-to-date Form K, Inspection Report; all earth removal operations, if any, have been completed and affected area restored as per earth removal regulations (see Article 9); the bituminous binder course is in place and observation has been conducted with the Form K signed, signifying approval by the Board's consultant/agent; and guardrails, if any, have been installed and observation has been conducted and the Form K has been signed off, signifying approval of the installation by the Board's consultant/agent. Access to all released lots shall be continually maintained. The approved Form H shall be filed at the Registry of Deeds and written proof of filing submitted to the Board as described above (Subsection D). Prior to the release of any lots, all trees and brush that are required to be removed at existing Town ways shall be removed, after required Shade Tree and Scenic Roads Act hearings,[3] and all traffic control devices installed. Deeds to land as a gift of land for future roadways shall also be provided.
(1) 
The applicant shall submit all requests for the setting of bond, reductions in the amount of bond to be held, release of bond, inspection requests, as-built inspections and the like to the Board, in writing. Requests shall be accompanied by the most up-to-date Form K, Subdivision Inspection Checklist.
(2) 
Conveyance of utilities and easements to the Town. Prior to the release by the Board of a surety bond or deposit or, in the case of a covenant, the issuance of a release form, the applicant shall execute a Form L, transferring to the Town, without cost, valid unencumbered title to all common utilities, sewers, storm drains, water mains, and appurtenances thereto, constructed and installed in the subdivision or portion thereto to be approved, and conveying to the Town without cost and free of all liens and encumbrances perpetual right and easements to construct, inspect, repair, renew, replace, operate and forever maintain the aforesaid underground utilities, with any manholes, pipes, conduits and other appurtenances, and to do all acts incidental thereto, in, through and under the whole of all streets in the subdivision or portion thereof to be approved, and if any such utilities have been constructed and installed in land not within such streets, then in, through and under an easement as shown on the definitive plan.
[2]
Editor's Note: Forms can be obtained from the Planning Board office.
[3]
Editor's Note: See MGL c. 87, Shade Trees, and MGL c. 40, § 15C, Scenic road designations.
F. 
Reduction or release of performance guarantee.
(1) 
Reduction of bond surety. The penal sum of any such bond or the amount of any deposit held under Subsection A(3)(a) and (b) may, from time to time, be reduced by the Board and the obligations of the parties thereto released by said Board in whole or in part. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required by the Board. The procedure for reduction of bond surety is presented in Appendix A.[4]
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
Final release of performance guarantee. Upon completion of improvements required in these rules and regulations, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the developer or owner, at his expense, will cause to be published in a newspaper of general circulation in the Town of Norfolk, at least seven days prior to the releasing of the performance bond or surety, an announcement that such release is contemplated. He shall also send by registered mail to the Town Clerk and the Board a written statement that said construction or installation in connection with which such bond, deposit or covenant has been secured has been completed in accordance with the requirements contained in these rules and regulations. Such statement shall contain:
(a) 
Name and address of the applicant.
(b) 
A compliance certificate signed under oath by the developer and his engineer that the development has been completed according to the rules and regulations of the Planning Board and the Town of Norfolk Zoning Bylaw.[5]
[5]
Editor's Note: See Ch. 310, Zoning.
(c) 
Copies of or reference to the requisite number of inspection forms and reports.
(d) 
Copy of or reference to the as-built acceptance plan approved by the Board.
(e) 
Written evidence from the Town Highway Department, Water Department, and Building Department as to construction of all ways and sidewalks, installation of monuments, street signs, pavement, lighting, gutters and curbs, required grading and drainage, water mains, hydrants and appurtenances, adequate lot drainage, planting and seeding, all in accordance with the definitive plan.
(f) 
Written evidence from the Board of Health as to the installation of sewage disposal facilities, if applicable, all in accordance with the definitive plan.
(3) 
Determination of incompleteness.
(a) 
If the Board determines that said construction, installation, or filing of as-built plans has not been completed, it shall specify to the Town Clerk and to the developer, in writing, by registered mail, the details wherein said construction and installation shall have failed to comply with the requirements contained in these rules and regulations. Upon failure of the Board to act on such application within 45 days after the receipt of the application by the Town Clerk and the Board, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned and any such covenant shall become void.
(b) 
In the event that said forty-five-day period expires without such specification, or without the release and return of the deposit or release of the covenant as aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.
(4) 
Determination of completeness. If the Board determines that said construction, installation, or filing of as-built plans has been completed, it shall notify the Town Treasurer/Collector within 45 days on an executed release form that it releases the interest of the Town in such bond or deposit and that it shall be returned to the person or persons who furnished the same, or in the case of covenant, it shall issue a written release of the covenant on an executed release form.
G. 
As-built acceptance plans. Prior to binder installation, a redline as-built plan indicating the location and grades of all water and drain lines, including water stub connections, shall be submitted to the Planning Board for review and approval. The plan may consist of redline pencil markings on the approved definitive plan. The redline as-built plan must be endorsed by a registered land surveyor or professional civil engineer. Prior to the final release, the developer shall file with the Board an as-built acceptance plan of completed street or streets. The plan shall show all plans and profiles corrected and certified by the applicant's engineer/consultant to be actual as-built locations and profiles of all streets, ways and utilities, including those installed by others such as electric, telephone, and gas. Said plans shall be prepared in a manner suitable for recording at the Registry of Deeds. The title portion of the plan shall include the station numbers, the length of roadway shown on the plan in number of feet as well as the miles of roadway shown on the plan. All expenses by the Board to review accuracy of said plans will be borne by the applicant.
(1) 
The developer shall provide the Planning Board with one set of reproducible plans and four sets of prints of the completed subdivision. The plans must be prepared by a registered professional engineer and land surveyor.
(2) 
Acceptance plan shall show both a plan and profile view of the street as constructed based upon the definitive plan. The plan shall be drawn at a scale of one inch equals 40 feet horizontal and one inch equals four feet vertical on a sheet 24 inches by 36 inches.
(3) 
Plan view. The following shall be shown as a minimum:
(a) 
Widths, lengths, bearings, including radii, tangents, and central angles of all curves, of all boundary lines of streets and easements and curblines.
(b) 
Station and offset to POC, PRC, PCC and POT of all curblines.
(c) 
All required bounds with indication that same have been correctly set with coordinates and station and offset.
(d) 
Name, lot, and house number of each abutting owner appearing on the most recent tax list.
(e) 
North arrow and a minimum of two bench marks referenced to the National Geodetic Vertical Datum (NGVD) of 1929. The bench marks shall not be located on growing features, such as trees.
(f) 
Edge, width, and cross slope of traveled ways; indication as to type of edging, or curb; location of ditches, easement structures, and driveways.
(g) 
Storm drainage and sanitary sewer systems, including major structures, culverts, retention/detention systems; size, type, and class of pipe and subdrains; manholes, catch basins, gutter inlets, flared and metal ends, field stone masonry ends, length and width of scour protection, and the location, type, size, and class of service lines to each abutter.
(h) 
Water systems, including size, type, and class of pipe; location and size of all valves, boxes, and fittings; hydrants; air release valves; and the location, type, size, and class of service lines to each abutter.
(i) 
Gas service, including size and type of pipe, location of all valves and boxes, and the location, type, and size of service lines to each abutter.
(j) 
Electric, telephone, cable television, and fire alarm systems, including location, size and type of conduits, handholes/pull boxes, streetlight poles, utility poles, transformers, and the location, type, and size of service lines to each abutter.
(k) 
Location of all retaining walls, street signs, guardrails, and curb-cut ramps.
(l) 
Location, species, and date of installation of all trees.
(m) 
Horizontal and vertical sight distances at all intersections in all directions.
(n) 
Gutter line elevations shall be indicated at all fifty-foot stations, including POCs, PCCs, PRCs, and PTs.
(4) 
Profile view. The following shall be shown as minimum:
(a) 
Center line and easement profiles, grades, and elevations with elevations being shown at fifty-foot stations and at drainage structures.
(b) 
All vertical curves, length, stopping sight distance, and elevations at twenty-five-foot stations and at the PVC and PVT.
(c) 
Storm drainage and sanitary sewer systems, water system, structures, culverts, sizes, slopes, rim, and invert elevations.
(5) 
Description. A running description of all ways and easements (drainage, slope, both temporary and permanent, cul-de-sac, tree, utility, etc.) shall be provided. Once the running descriptions are approved by the Planning Board, a deed for the property and a Form L (grant of easements) shall be submitted.
(6) 
Certifications. The following notes shall appear on the acceptance plan and be endorsed by the surveyor and engineer:
(a) 
I hereby certify that (street) has been laid out and the bounds have been set as shown on this plan.
__________ Signature
__________ Date
(b) 
I hereby certify that this plan shows the actual as-built locations, profiles and elevations of the roadways, drainage facilities and utilities based upon a field survey made during the period from __________ to __________.
Surveyor
Engineer __________ Date
(7) 
Signatures. Suitable space for endorsement by members of the Planning Board and Board of Selectmen shall be provided.
H. 
GIS as-built submission.
(1) 
Prior to final release, the developer shall file with the Board one print copy and one electronic copy of plans conforming to the requirements of Subsection G and to the requirements set forth herein for incorporation in the Norfolk GIS system.
(2) 
All plans shall utilize the Massachusetts State Plane Coordinate System using the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAVD88) through bounds with published coordinates such as National Geodetic Survey, Mass Highway, etc. The datum and units used shall be clearly shown. In cases where there are no suitable geodetic bounds in the vicinity, the plan shall be tied into existing physical features such as catch basins, manholes, utility poles, etc. In such cases, ties to two or more physical features shall be made for at least two different identifiable points on the plan such as property corners.
(3) 
The plans shall be prepared at a scale of one inch equals 40 feet or other such scale approved by the Board. All plans submitted under this section shall be submitted on a Windows-compatible CD-ROM. Acceptable electronic file formats include "AutoCAD.dwg" and "AutoCAD.dxf." Other formats may be acceptable if compatible with the Norfolk GIS system. The Town may require a fee from the applicant for the expense of integrating the plans into the Town's GIS system.
(4) 
To maintain an updated GIS database, the Town at its discretion may revise format and content requirements for electronic submittals.