Prior to investing in extensive professional design costs for
preparation of subdivision plans, the applicant is invited to review
the proposed development of the parcel of land with the Board, in
order to explore general conditions involving the site and to discuss
potential problems. Pencil sketches, which need not be professionally
prepared, will assist in this discussion, and should show the critical
features of a preliminary plan. In some cases, this presubmission
review may eliminate the need for the formal submission of a preliminary
plan.
A.
Submission. A preliminary plan of a subdivision may be submitted
by the subdivider to the Board and through the Board to the Board
of Health for discussion and approval, modification or disapproval
by the Board. Notice of submission shall be provided to the Town Clerk
in accordance with G.L. c. 41, § 81S. The submission of
such a preliminary plan shall be made on Form B and will enable the
subdivider, the Board, the Board of Health, other municipal agencies,
and owners of property abutting the subdivision to discuss and clarify
any aspects of or problems with such subdivision before a definitive
plan is prepared. For this reason, the Board strongly encourages the
submission of such preliminary plans in every case. Seven copies of
the preliminary plan shall be submitted to the Board at a regularly
scheduled meeting, together with the fee set forth in Appendix A,
Planning Board Fee Schedule.[1] Copies of the plan may be examined by the public during
regular business hours of the Town Hall.
(1)
Within seven days of the submittal date of an application, or within
seven days of any subsequent submittal date in response to a determination
that any such application was incomplete, the Planning Board or its
agent shall review said application and inform the applicant and the
Town Clerk, in writing, as to whether said application is deemed complete
and properly submitted. An application shall be deemed complete only
where the applicant has provided all of the information required by
these regulations, with the appropriate number of copies and in the
appropriate format. If said application is determined to be incomplete
or improperly submitted, the applicant shall receive written notice
from the Planning Board or its agent listing the items or information
needed for a complete and proper application. When the application
is deemed complete and properly submitted by the Planning Board or
its agent, it shall notify the Town Clerk, in writing, of the final
submittal date. The final submittal date shall be the date that the
completed and properly submitted application is received by the Planning
Board. For applications that have been deemed incomplete, the applicant
must agree, in writing, to any new submittal date in order for any
additional information or material to be considered part of the original
application.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Contents.
(1)
The preliminary plan may be drawn on tracing paper with pencil, preferably
at a scale of one inch equals 40 feet, or other suitable scale acceptable
to the Board, shall be clearly designated as "Preliminary Plan," and
shall show:
(a)
Subdivision name, boundaries, North point, date, and scale;
(b)
Name and address of record owner, applicant, and designer, engineer,
and surveyor;
(c)
Names of all abutters as determined from the most recent Town
tax list;
(d)
Existing and proposed lines of streets, ways, easements, and
public areas within the subdivision;
(e)
Location, direction, names, and present widths of streets and
public or private ways bounding, approaching, or within reasonable
proximity of the subdivision;
(f)
Location, names, and present widths of streets bounding, approaching,
or near the subdivision;
(g)
Topography of the land in a general manner, including contours
at a scale required by the Board;
(h)
Proposed system of drainage, including existing natural waterways,
in a general manner, but including drainage both within and adjacent
to the subdivision;
(i)
Approximate boundary lines of proposed lots, with approximate
areas and dimensions;
(j)
Estimates of the grades of proposed streets or profiles, where
required by the Board;
(k)
Major site features such as existing stone walls, fences, buildings,
large trees and wooded areas, rock ridges and outcroppings, wetlands
within 100 feet of the subdivision, perennial streams within 200 feet
of the subdivision, and other water bodies;
(l)
Identification of any land area lying within 500 feet of any
property valued under the provisions of G.L. c. 61A, as amended.
(2)
The preliminary plan shall be accompanied by a statement of existing
zoning, any easements, covenants, and restrictions applying to the
area proposed to be subdivided, and a list of any waivers from these
regulations requested by the applicant.
C.
Site visit. After the regular Board meeting at which a preliminary
plan is first discussed, or a definitive plan submitted without prior
preliminary plan, the Board and/or its agent may schedule a site visit
to the proposed subdivision, accompanied by the applicant and his
agents or representatives. In order to facilitate inspection and review
of the site of the proposed subdivision, temporary staking will be
required along a sideline of all proposed roads in the subdivision
before said site visit, or if impractical, the Board may permit a
suitable alternative procedure.
D.
Decision. The Board shall, in conformance with G.L. c. 41, § 81S,
approve such preliminary plan with or without modifications, or disapprove
such preliminary plan with reasons therefor.
(1)
Approval of a preliminary plan, with or without modifications, does
not constitute approval of a subdivision. Such approval does facilitate
the final approval of a subdivision through submittal of a definitive
plan.
(2)
The Board shall notify the Town Clerk, in writing, of its decision
on a preliminary plan in accordance with G.L. c. 41, § 81S,
as amended.
(3)
The submission of a preliminary plan for examination by the Board
shall not be deemed the submission of a definitive plan of a subdivision
of land for approval by the Board under G.L. c. 41, § 81L,
and the action or decision of the Board as to such preliminary plan
shall not prejudice its action or decision as to the definitive plan.
A.
Submission.
(1)
A definitive plan of a subdivision may be submitted by the subdivider
to the Board for review and approval, modification or disapproval
by the Board. Notice of submission shall be provided to the Town Clerk
in accordance with G.L. c. 41, § 81S. The submission of
such a definitive plan shall be made on Form C, Application for Approval
of a definitive plan. Any person submitting a definitive plan of a
subdivision of land to the Board for approval shall file therewith
the following:
(a)
Nine prints of the definitive plan, dark line on white background.
Prints will be referred to other Town boards and departments for review;
(c)
One properly executed application form and any other required
forms on file with the Board (see Appendix);
(d)
The fee set forth in Appendix A, Planning Board Fee Schedule[1];
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(e)
A certified list of abutters signed by the Board of Assessors
with business-sized envelopes, stamped with sufficient postage for
certified return receipt mail and addressed to each abutter.
(2)
Within seven days of the submittal date of an application, or within
seven days of any subsequent submittal date in response to a determination
that any such application was incomplete, the Planning Board or its
agent shall review said application and inform the applicant and the
Town Clerk, in writing, as to whether said application is deemed complete
and properly submitted. An application shall be deemed complete only
where the applicant has provided all of the information required by
these regulations, with the appropriate number of copies and in the
appropriate format, including fees. If said application is determined
to be incomplete or improperly submitted, the applicant shall receive
written notice from the Planning Board or its agent listing the items
or information needed for a complete and proper application. When
the application is deemed complete and properly submitted by the Planning
Board or its agent, it shall notify the Town Clerk, in writing, of
the final submittal date. The final submittal date shall be the date
that the completed and properly submitted application is received
by the Planning Board or its agent. For applications that have been
deemed incomplete, the applicant must agree, in writing, to any new
submittal date in order for any additional information or material
to be considered part of the original application.
(3)
The applicant shall file by delivery or by certified mail written
notice with the Town Clerk stating that a definitive plan has been
submitted in accordance with G.L. c. 41, § 81T, as amended,
with the date of submission of the definitive plan, accompanied by
a copy of the application form.
(4)
The applicant shall file one copy of the definitive plan and one
copy of the application form with the Board of Health.
B.
Contents. The definitive plan shall be prepared by a registered professional
engineer and/or land surveyor, and shall be clearly and legibly drawn
in black India ink upon tracing cloth or Mylar, and shall be 24 inches
by 36 inches in overall dimensions, with a one-inch margin left on
one twenty-four-inch edge of each sheet for filing purposes. The prints
shall be at a scale of not less than one inch equals 40 feet, or such
other scale as the Board may prescribe as adequate to show details
clearly. Profiles of proposed streets shall be drawn to the same horizontal
scale as the plan, and with vertical scale 10 times larger unless
otherwise permitted by the Board, on separate tracing cloth or Mylar
of the same dimensions as the plan sheets. If multiple sheets are
used to show the subdivision, they shall be accompanied by an index
sheet showing the entire subdivision. The definitive plan shall show
the following information:
(1)
Subdivision name, boundaries, North point, date, and scale;
(2)
A locus map at a scale of one inch equals 1,000 feet showing the
proposed streets in relation to existing streets in the immediate
vicinity;
(3)
Name and address of record owner, applicant, and engineer or surveyor,
with seal;
(4)
Where the owner or subdivider also owns or controls unsubdivided
land adjacent to or directly across the street from the land shown
on the definitive plan, the applicant shall submit a sketch plan showing
possible or prospective street layout in the event that such unsubdivided
land is developed, and shall also show the present drainage for such
unsubdivided land, natural and constructed;
(5)
Boundary lines of bordering adjacent land or of land across the street
from property being subdivided and names of abutters thereon as determined
from the certified list of abutters;
(6)
Existing and proposed lines of streets, ways, easements, and any
public or common areas within the subdivision;
(7)
Location, direction, names, and present widths and grades of streets
and public or private ways bounding, approaching, or within reasonable
proximity of the subdivision;
(8)
Sufficient data to determine the location, direction, and length
of every street and way line, lot line, and boundary line so as to
establish these lines on the ground. The location of base lines and
necessary data from which bearings and elevations may be determined
may be furnished by the County Engineer's Office. Should the Town
establish a coordinate system, all street corners must be tied into
the nearest triangulation station. The relative error of closure of
property line traverse shall not be less than one part in 12,000.
A signed statement to this effect shall appear on the engineer's Mylar
or tracing cloth drawing. A copy of traverse notes shall be furnished
to the Board upon request;
(9)
Location and identification of all existing buildings and site features
such as stone walls, fences, large trees and wooded areas, rock ridges
and outcroppings, floodplain areas, wetlands within 100 feet of the
subdivision, perennial streams within 200 feet of the subdivision,
and other water bodies, including depth of water and direction of
flow within or adjacent to the proposed subdivision;
(10)
Existing and proposed topography with two-foot contours based
on mean sea level datum, or at a suitable interval as required by
the Board. All buildings and physical features of abutting property
that are within 50 feet of the boundary must be shown;
(11)
Acreage of each lot, lot lines, bearings and length thereof
in conformity with the Protective Bylaw in each case, boundaries of
zoning districts if the land to be subdivided lies in more than one
district, boundaries of Aquifer and Water Resource Districts, if any;
(12)
Location of existing and proposed monuments, hydrants, public
utility facilities, water pipes, fire ponds and cisterns, and wells
within the subdivision;
(13)
Park or open areas suitably located for conservation, playground,
or recreation purposes within the subdivision, if any;
(14)
Proposed storm drainage of land, including existing natural
waterways and the proposed disposition of water from the proposed
subdivision to either adequate natural drainage channels or artificial
means of disposal thereof. Four copies of a runoff plan and calculations
using the rational formula (as described in Seelye's Design Data Book
for Civil Engineers, latest edition), based on a ten-year expectancy
period, to determine necessary pipe sizes which can be no less than
12 inches in diameter. Roadways crossing brooks with a drainage area
in excess of 10 acres shall be based on a twenty-five-year expectancy
period. Pipe size, capacity, depth of flow and velocity of flow shall
be included;
(15)
Location and purpose of all existing and proposed easements;
(16)
Location and species of proposed street trees, and/or individual
trees or wooded areas to be retained within 40 feet of the sidelines
of each street;
(17)
Street plans and profiles must show the percent of grade, radii
and length of curves, the point of curvature, and the point of tangency
of curves;
(18)
Street profiles on the center lines and sidelines 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 scale acceptable
to the Board. Profiles shall show elevation of sills of all existing
structures. Present and proposed elevations must be shown at least
every 50 feet and must refer to the Town base mean sea level, if bench
available within 2,000 feet of subdivision. Profile plans of roadways
and appurtenances shall be derived from on-the-ground topography.
Profile plans shall show roadway cross sections together with locations
of proposed underground utilities, including sanitary and storm sewer
lines, water lines and their appurtenances, along with details of
all structures, headwall, and retaining walls;
(19)
Approximate proposed location of principal building on each
lot to comply with the provisions of the Protective Bylaw, whenever
uncertainty exists or upon the request of the Board, the Board of
Health, or the Conservation Commission;
(20)
Location of a minimum of two benchmarks;
(21)
Suitable space to record the action and signatures of the Board
members on each sheet of the definitive plan in the lower right hand
corner;
(22)
Location of existing utilities, underground or overhead, indicating
size, type, and location of easement;
(23)
An overlay at the same scale as the definitive plan showing
the SCS interpretation of suitability for on-site sewage disposal,
or showing USGS surficial geology, or both. Board of Health sanctioned
testing required under Title 5 (310 CMR 15.00) may be substituted
for this overlay. Test pit logs for locations selected by the Planning
Board and shown on one of the above overlays, with not less than one
pit per four proposed lots, selected to reveal general patterns of
subsurface characteristics, after consultation with the Board of Health
and the Conservation Commission;
(24)
Where connection to the public water system is not proposed,
information indicating why such connection is not feasible, description
of provisions to be made for water for firefighting, and information
adequate to allow determination of compliance with these regulations
regarding potable water quality and quantity;
(25)
An erosion and dust control plan, indicating the erosion and
dust control measures to be employed, including description of locations
of temporary stockpiles, spoil areas, temporary drainage systems,
slope stabilization techniques, sediment basins, etc., and narrative
description of how dust is to be controlled and how erosion from individual
lots onto streets and into drainage systems is proposed to be controlled
and, in the case of subdivision of more than 15 lots, review comments
on the plan by the Conservation Commission and by the Soil Conservation
Service or by others acceptable to the Board as expert in soil erosion;
(26)
Identification of any land lying within 500 feet of any property
valued under the provisions of G.L. c. 61A, and, if any portion of
any building lot is to lie within such distance, the following plan
annotation shall be included: Note: Activities on land within 500
feet of property valued under the provisions of G.L. c. 61A may be
affected by the provisions of the Sterling Agricultural District Bylaw.[2]
(27)
Where located within the Floodplain District, base flood elevation
(the level of the 100-year flood) data for proposals greater than
five acres;
(28)
An engineer's estimate of materials with quantities required
to construct roadway, utilities and appurtenances for plan as submitted.
C.
Accompanying statements and data. The definitive plan shall be accompanied
by four copies of the following written statements:
(1)
Existing zoning and any easements, covenants, and restrictions applying
to the area proposed to be subdivided.
(2)
Logs of results of all test pits made.
(3)
Data and proposed arrangements for water supply, sewerage, and sewage
disposal, including all appurtenances, as required by the Board of
Health.
(4)
Drainage calculations prepared by the applicant's engineer, including
design criteria, drainage area and other information sufficient for
the Board to verify the size of any proposed drain, swale, drainfield,
culvert, bridge, or catch basin. Said calculations are to be made
separately for each drainage facility showing its location, the total
upstream drainage area, the percentage of impervious surfaces in the
drainage area, the runoff per acre, the design runoff, facility size,
slope and capacity, and the velocity of water through it. Describe
any areas subject to ponding or flooding, existing or proposed flood
control or wetland easements, estimated increase of peak runoff caused
by altered surface conditions, and methods to be used to return water
to the soils.
D.
Development impact statement (DIS). The impact of the proposed subdivision
is to be described according to the following criteria, except that
in the case of subdivisions containing 20 or fewer units, the Board
will normally waive some or all of these requirements. Unless this
requirement is waived by the Board, the DIS shall be prepared by an
interdisciplinary team including a registered landscape architect
or architect, a registered professional or civil engineer, and a registered
surveyor.
(1)
Physical environment.
(a)
Describe the general physical conditions of the site, including
amounts and varieties of vegetation, general topography, unusual geologic,
archeological, scenic and historical features or structures, location
of significant viewpoints, stone walls, trees over 16 inches in diameter,
trails and open space links, and indigenous wildlife.
(b)
Describe how the project will affect these conditions, providing
a complete physical description of the project and its relationship
to the immediate surrounding area.
(2)
Surface water and subsurface conditions.
(a)
Describe location, extent, and type of existing water and wetlands,
including existing surface drainage characteristics, both within and
adjacent to the project.
(b)
Describe any proposed alterations of shorelines, marshes, or
seasonal wet areas.
(c)
Describe any limitations imposed on the project by soil and
water conditions and methods to be used to overcome them.
(d)
Describe the impact upon ground- and surface water quality and
recharge, including estimated phosphate and nitrate loading on groundwater
and surface water from septic tanks, lawn fertilizer, and other activities
within the development. For subdivisions located in whole or in part
within the Town's Aquifer Protection and/or Water Resource Protection
District, as established in the Protective Bylaw, this shall include
an analysis of drainage system alternatives, examining the concentration
and speed of the transport of contaminants.
(3)
Circulation systems.
(a)
Explain the reasons for location of streets and intersections as shown on the definitive plan, with specific reference to criteria set forth in § 401-17 below.
(b)
Project the number of motor vehicles to enter or depart the
site per average day and peak hour. Also state the number of motor
vehicles to use streets adjacent to the proposed subdivision per average
day and peak hour. Such data shall be sufficient to enable the Board
to evaluate:
[1]
Existing traffic on streets adjacent to or approaching the proposed
subdivision;
[2]
Traffic generated or resulting from the proposed subdivision;
and
[3]
The impact of such additional traffic on all ways within and
providing access to the proposed subdivision. Actual study results,
a description of the study methodology, and the name, address, and
telephone number of the person responsible for implementing the study
shall be attached to the DIS.
(4)
Support systems.
(a)
Water distribution. Discuss the types of wells proposed for
the site, means of providing water for firefighting, and any problems
unique to the site.
(b)
Sewage disposal. Discuss the type of system to be used, suitability
of soils, procedures and results of percolation tests, and evaluate
impact of disposal methods on surface water and groundwater.
(c)
Refuse disposal. Discuss the location and type of facilities,
the impact on existing Town refuse disposal capacity, hazardous materials
requiring special precautions.
(d)
Fire protection. Discuss the type, location, and capacity of
fuel storage facilities or other flammables, distance to fire station,
and adequacy of existing firefighting equipment to confront potential
fires on the proposed site.
(e)
Recreation. Discuss the distance to and type of public facilities
to be used by residents of the proposed site, and the type of private
recreation facilities to be provided on the site.
(f)
Schools. Project the increase to the student population for
nursery, elementary, junior high school, and high school levels, also
indicating present enrollment in the nearest public schools serving
these categories of students.
(5)
Phasing. Where development of the subdivision will require more than
one year, indicate the following:
(a)
Describe the methods to be used during construction to control
erosion and sedimentation through use of sediment basins, mulching,
matting, temporary vegetation, or covering of soil stockpiles. Describe
the approximate size and location of the portion of the parcel to
be cleared at any given time and length of time of exposure.
(b)
Describe the phased construction, if any, of any required public
improvements, and how such improvements are to be integrated into
subdivision development.
A.
Board of Health as to suitability of the land. The applicant shall
file with the Board of Health one set of prints of the definitive
plan. The Board of Health shall, within 45 days after filing of the
plan, report to the Board in writing and shall make specific findings
as to which, if any, of the proposed lots shown on such plan cannot
be used for building sites without injury to the public health, or
are unsuitable because of drainage conditions. The Board of Health
shall make specific findings and state reasons therefor in such report,
and, where possible, shall make recommendations for the adjustment
thereof. The Board of Health shall determine the extent of soil evaluation,
which may include deep test holes, percolation tests, and test borings,
and shall determine the number of tests to be required. At the time
of the filing of the definitive plan, the applicant shall stake all
proposed lots and mark proposed lot numbers on said lots for identification
to facilitate review by the BOH.
B.
On-site wastewater disposal. Notwithstanding Subsection A, a permit to construct an individual sewage disposal system for sanitary wastewater disposal shall be obtained from the Board of Health for each individual lot prior to the issuance of a building permit. A condition shall be recorded on the definitive plan as follows: "No building or structure shall be built or placed upon any lot without a permit from the Board of Health."
C.
Other Town officials. Before approval of a definitive plan is given,
the Board will obtain appropriate checks on the engineering and survey
information shown on said plan, and written statements that the proposed
improvements shown are laid out to the satisfaction of the official,
as follows:
(1)
As to the design of the street system, location of easements, and
design of sewerage, water, and drainage systems, including appurtenances:
the planning consultant or engineer designated by the Board.
(2)
As to location, size, and species of street trees: the Tree Warden.
(3)
As to the form of easements, covenants, and performance guarantees:
Planning Board Legal Counsel.
(4)
As to location of hydrants, fire ponds and cisterns, and with regard
to fire safety: the Fire Chief.
(5)
As to street safety: the Police Chief.
D.
Public hearing. Before approval, modification, or disapproval of
a definitive plan is given, a public hearing shall be held by the
Board. Notice of such hearing shall be given in accordance with the
provisions of G.L. c. 41, § 81T, as amended. A copy of said
notice shall be mailed, by certified mail, to the applicant and to
all owners of land submitted on the Board of Assessors' certified
list of abutters.
E.
Decision. After the public hearing, the Board in due course will
approve, modify and approve, or disapprove the definitive subdivision
plan submitted. Criteria for action by the Board shall be the following:
(1)
Completeness and technical adequacy of all submissions;
(2)
Determination that development at this location does not entail unwarranted
hazard to safety, health and convenience of future residents of the
development or of others because of possible natural disasters, traffic
hazard, or other environment degradation;
A.
Final approval with bond or surety.
(1)
Before endorsement of a definitive plan, the subdivider shall either
file a performance bond, or deposit money or negotiable securities
in an amount determined by the Board to be sufficient to cover the
cost plus 30% of all or any part of the improvements specified herein,
or follow the procedure set forth below. Letters of credit are not
acceptable. Passbooks shall be accompanied by a form assigning same
to the Town of Sterling. A bond estimate may be requested by the Board;
such estimate shall remain effective for 90 days. The estimate shall
reflect the cost for the Town to complete work under adverse conditions
which may necessitate legal fees, public bidding, and additional Town
staff time. Ordinarily the Board shall require an amount covering
the total cost of construction of all roads and other improvements
within and without the subdivision. Such bond or security, if filed
or deposited, shall be approved as to form and manner of execution
by the Planning Board Legal Counsel and as to sureties by the Town
Treasurer. Such bond or security shall be contingent on the completion
of such improvements not later than four years from the date of the
endorsement of the definitive plan. Failure to so complete shall result
in the automatic rescission of the approval of the definitive plan
by the Board, unless the Board extends said period, for good cause
shown, after the written request of the applicant prior to the expiration
of said period.
B.
Final approval with covenant. Before endorsement of a definitive plan, instead of filing a bond or depositing surety, the subdivider may request approval of the definitive plan on condition that no lot in the subdivision shall be sold and no building shall be erected thereon, until the improvements specified in Article IV are constructed and installed so as to adequately serve said lot or lots. Such covenants shall be executed and duly recorded by the owner(s) of record, and shall run with the land. Proposed covenants shall be submitted with the definitive plan, and shall be approved as to form by the Town Counsel or Special Town Counsel. Such covenant shall state that the improvements shown on the definitive plan shall be completed not later than four years from the date of the endorsement of the definitive plan. Failure to so complete shall result in the automatic rescission of the approval of the definitive plan by the Board, unless the Board extends said period, for good cause shown, after the written request of the applicant prior to the expiration of said period. Covenants and stated conditions therein shall be referred to on the plan and recorded in the Registry of Deeds. The subdivider shall promptly, after recording, send a copy of the covenant, showing book and page number, to the Board.
C.
Converting covenant to another performance guarantee.
(1)
If the applicant desires that lots be released from a covenant and
that the improvements remaining to be constructed or installed be
secured by another form of performance guarantee, a formal written
request shall be sent to the Planning Board by certified mail which
sets forth and includes:
(a)
The extent and scope of remaining work to be completed to satisfy
the requirements for the construction or installation of all required
ways and municipal services; and
(b)
An estimate, pursuant to these regulations, which reflects all
remaining costs related to the construction of all required ways and
installation of all required municipal services; and
(c)
The form and type of guarantee being given to the Planning Board
to secure all remaining improvements.
(2)
The Planning Board or its agent will make a determination as to the
sufficiency of the submitted estimate, and, if such estimate is accepted,
a new performance guarantee will be given to the Planning Board. Upon
acceptance by the Planning Board of the new performance guarantee,
all applicable lots shall be released from the covenant.
D.
Converting bond, deposit, or agreement to covenant. If the applicant
desires to secure by means of a covenant the construction of ways
and the installation of municipal services in a portion of a subdivision
for which no building permits have been granted nor any lots have
been sold, and to have the Planning Board release the bond, deposit
of money or negotiable security, or agreement and mortgage previously
furnished to secure such construction and installation, the applicant
shall submit to the Planning Board a reproducible tracing and three
contact prints of the reproducible tracing of the definitive subdivision
plan, limited to that part of the plan which is to be subject to such
covenant. Upon approval of the covenant by the Planning Board, reference
thereto shall be inscribed on such section of the plan, and it shall
be endorsed by the Planning Board and recorded with the covenant at
the expense of the applicant. Certified copies of all documents which
the applicant records at the Registry of Deeds shall be provided to
the Planning Board as set forth in these regulations.
A.
Certificate of approval. The action of the Board with respect to
any definitive plan shall be by vote, copies of which shall be certified
and filed with the Town Clerk and sent by certified mail to the applicant.
If the Board modifies or disapproves such plan, it shall state in
its vote the reasons for such modification or disapproval. Final approval,
if granted, shall be endorsed on the original drawing of the definitive
plan by the signatures of a majority of the Board, but not until the
statutory twenty-day appeal period has elapsed following the filing
of the certificate of the Board's action with the Town Clerk and said
Clerk has notified the Board that no appeal has been filed.
(1)
After the definitive plan has been approved and endorsed, the applicant
shall furnish the Board with nine blueprints and the original thereof.
The Planning Board, upon receipt of the blueprints and the original,
shall send one blueprint to each of the following boards or supervisors
of the Town of Sterling: Fire Department, Conservation Commission,
Board of Health, Board of Assessors, Municipal Light Board, Building
Department and Department of Public Works, and shall retain the original
and two copies for its own files.
(2)
Final approval of the definitive plan does not constitute the laying
out or acceptance by the Town of streets within a subdivision.
B.
Recording of plan. Within 30 days after the return of an approved
plan, the applicant shall cause to be recorded in the Worcester County
Registry of Deeds, and in the case of registered land with the recorder
of the Land Court, a copy of the approved definitive plan and accompanying
covenants and agreements, if any. Following plan approval, endorsement,
and recording, the applicant shall provide the Board with five prints
of the definitive plan, one of which shall be certified by the Registry
of Deeds as having been recorded, and one copy of final covenants
and restrictions, noting book, page number, and date of recording
for each. One copy of the definitive plan shall be forwarded to the
Building Inspector by the Board.
A.
Submission. Before the Board shall finally release a performance bond or a deposit, or in the case of approval with covenants, issue a final release of a covenant, all held pursuant to § 401-13 above, the applicant shall:
(1)
File with the Board a certified copy of the layout plan of each street
in the subdivision marked "As Built." In the case of approval with
covenants, the applicant may show only the street or streets serving
the lots for which a release is desired on the layout plan. Certification
shall be by a registered professional engineer or land surveyor, and
shall indicate that streets, storm drains, sewers, water mains, and
their appurtenances have been constructed in accordance with said
plan and are accurately located as shown thereon.
(2)
Obtain and submit to the Board written evidence, on a checklist to
be provided by the Board, that the required improvements, as set forth
herein, have been completed to the satisfaction of the official listed
below:
(a)
For the planting of any required street trees: Tree Warden;
(b)
For the placing of monuments and construction of all other required
improvements and the performance of all other required work: Planning
Board and/or its designated agent;
(c)
For streets and drainage, as in conformance with the approved
definitive plan: Planning Board and/or its designated agent;
(d)
For underground wiring, water mains, sanitary sewers, storm
sewers, hydrants, fire ponds, and fire alarms, as in conformance with
the approved definitive plan: Planning Board and/or its designated
agent.
[Amended 2-6-2024]
Upon completion of the improvements required under Article IV, or the performance of any covenant with respect to any lot, the applicant shall send by certified mail to the Town Clerk a statement, in duplicate, that said construction or installation in connection with any bond, deposit, or covenant has been completed in accordance with the requirements of Article IV. Such statement shall contain the name and address of the applicant, and the date of filing with the Town Clerk. The Town Clerk shall forthwith furnish a copy of the statement to the Board. If the Board determines that said construction or installation has been completed, in accordance with § 401-15 above, it shall release the interest of the Town in such bond or deposit and return the bond or deposit, less any portion thereof as may be stated in the Board's order of conditions of approval for the subdivision, pending final receipt of the Board approved as-built plan and the Town Counsel approved deed for the way(s), including any easements, to the person who furnished same, or issue a release of covenant in a form acceptable for recording. Note that the 30% of bond value specified under § 401-13A(1) shall be retained until after Town Meeting road acceptance. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant, in writing, the details wherein said construction or installation fails to comply with the provisions of Article IV. Upon failure of the Board to so notify the applicant within 45 days after the receipt by the Clerk of said statement, all obligations under the bond shall cease and terminate by operation of law, and deposit shall be returned, and any covenant shall become void. In the event that such forty-five-day period expires without notification by the Board, or without the release and return of the bond, or the return of the deposit, or the release of the covenant, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which shall be recorded by the applicant.
A.
Ways and services. The Board shall release from covenants only those
lots for which installation and construction of ways and services
has been completed, in accordance with these rules and regulations.
The applicant shall submit the appropriate form when applying for
the release of a lot from a covenant.
B.
Pavement. The Board shall not release any bond, deposit, or covenant
nor shall a building permit be granted for any lot until the first
course of pavement has been installed with manhole covers and other
structures set therein at the level of such first course.
[Added 2-6-2024]
A.
Prior
to the final release of the performance guarantee bond, the developer/principal
may request the Planning Board for a partial release of said bond.
All requests must be in writing.
B.
Included
in this request must be the name and address of the developer/principal
and the name and address of the project for which the request is being
made, and a copy of the recorded covenant, release and bond item detail.
C.
The
request must also include a written determination by the Town of Sterling’s
peer review engineer that the items requested for release have been
completed and found satisfactory. The determination must also include
each item and their costs as listed on the recorded performance guarantee
bond being requested for partial release.
D.
The Planning Board may grant no more than two partial releases from the required performance guarantee bond for completed work. Note that the 30% of bond value specified under§ 401-13A(1) shall be retained until after Town Meeting road acceptance.
E.
No reduction
in the amount of the Performance Guarantee Bond shall reduce the Performance
Guarantee Bond value below the recorded estimated cost of completing
the remaining unfinished work.
