Town of Sherborn, MA Procedures for Submission of Plans Requiring Approval Under Subdivision Control Law

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

General.

The term "definitive plan" as used in these rules and regulations shall mean a plan of a subdivision within the meaning of the Subdivision Control Law[1] prepared by a professional engineer, land surveyor or landscape architect registered in Massachusetts.

[1]

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

(2)

The objectives of a definitive plan are:

(a)

Presentation of detailed and specific plans, of the construction documents type, for the development of the subdivision.

(b)

Provision of a specific plan for reference in granting a certificate of action and a special permit with subdivision plan approval.

(3)

The Planning Board encourages thorough analysis and resolution of design issues in the preapplication conference and/or preliminary plan stage prior to submission of the definitive plan. A definitive plan for a conventional subdivision will not be considered unless the Planning Board has conditionally approved a special permit for such a subdivision layout deviation, based on information, analysis and other requirements specified in §§ 380-2.8C and 380-2.9F of these Rules and Regulations. At the time of the filing of the definitive plan, it should be accurate, correct and complete on the day of submission. In addition, all features of the definitive plan should be consistent with the design standards described in Article IV. Any deficiencies and inaccuracies shall be grounds for denial of the definitive plan.

(4)

It is recommended that a licensed design professional be responsible for the coordination of the elements of the definitive plan, prepared by other professionals.

Filing procedure for definitive plan. Any applicant submitting a definitive plan for approval shall comply with the following filing requirements:

(1)

The definitive plan shall be clearly and legibly drawn in india ink or laser plotted on four mil double-sided mylar or three mil single-sided mylar to a scale of one inch equals 40 feet on sheets measuring 24 inches by 36 inches and shall comply with the recording requirements of the Register of Deeds or of the filing requirements of the Land Court, in the case of registered land. If multiple sheets are used, they shall be accompanied by an index sheet of the same dimensions drawn to an appropriately reduced scale. All required plans and documents required shall also be submitted as electronic files in pdf format.

(2)

File with the Planning Board the following:

(a)

An original drawing of the definitive plan, and eight contact prints thereof in dark lines on white background (Subsection C).

(b)

The original and eight contact prints of the locus plan [Subsection C(21)].

(c)

The original and eight contact prints of the profile plan (Subsection D).

(d)

Two paper copies and an electronic copy of the drainage calculations and drainage runoff plan (Subsection E).

(e)

Three signed copies of the report of subsurface conditions and soil percolation tests [Subsection F(1)].

(f)

Three signed copies of the statement concerning filling or earth removal [Subsection F(2)].

(g)

Three certified copies of certain recorded instruments and plans affecting the subdivision [Subsection F(3)].

(h)

Three conformed copies of instruments establishing easements in contiguous land [Subsection F(4)].

(i)

Three properly executed copies of each of the following forms:

[1]

Application Form C.

[2]

Designer's certificate (Form D).

[3]

List of abutters (Form E).

[4]

Covenant (Form F)(1).

(j)

One one-inch-equals-200-feet scale copy of the definitive plan.

(k)

A filing fee payable to the Town of Sherborn in an amount indicated in the attached fee schedule.[2] A statement signed by the engineer or surveyor preparing the definitive plan setting forth the computation of the filing fee shall accompany such payment.

[2]

Editor's Note: See Schedule C, included as an attachment to this chapter.

(3)

Give written notice to the Town Clerk, by delivery or by registered mail, postage prepaid, that the applicant has submitted such definitive plan to the Planning Board, together with a copy of Form C and a copy of the definitive plan as submitted. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land. A definitive plan shall not be considered to have been submitted until the applicant has filed with the Town Clerk a notice stating the date of submittal. If the notice is given by delivery, the Town Clerk shall give a written receipt or a dated stamp of receipt on a copy of Application Form C.

(4)

Such plan shall be considered submitted, unless within 21 days of such delivery the Board determines that the application is incomplete because it does not contain the information required in Subsections C, D, E, F (if applicable) and G of these regulations or the proper procedure was not followed. If the application is considered incomplete, the Planning Board shall notify the applicant and the Town Clerk in writing.

(5)

File with the Board of Health, at the time of filing the definitive plan with the Planning Board, three copies of each plan and document as submitted to the Planning Board along with the Board of Health filing fee.

(6)

At the same time as the submission of the definitive plan to the Planning Board, the applicant shall have made application for all other local, state, and federal permits or approvals required for the construction of streets, easements, utilities, and other improvements in the subdivision as provided in these regulations. Evidence of such filing, or inquiry, in the form of a copy of such application, and of any action by other agencies, shall be submitted to the Planning Board with the application for the definitive plan.

(7)

An applicant may withdraw a definitive plan upon written request which is approved by vote of the Board.

(8)

Subsequent submission of a revised definitive plan may be handled in the same manner as an original submittal, including the payment of an additional fee for review of the alternate or revised plan. Submission of a plan which, in the opinion of the Board, is so substantially revised as to constitute a new application shall be treated as a new application and will be accepted for processing only upon a written request from the applicant for the withdrawal of an earlier application.

Contents of the definitive plan. The definitive plan shall be prepared in accordance with the most recent edition of the Land Court Manual of Instructions. All sheets shall include the subdivision name, title, and date of plan and space for any revision dates, as well as the names and addresses of record owner, applicant, subdivider; seal and signature of the engineer, surveyor and/or landscape architect preparing the plan; and scale and North arrow as applicable. In cases where a preliminary plan is not submitted, the definitive plan shall include the yield calculation from § 240-4.5D of the Zoning Bylaw along with associated general layout plans. The plan set shall contain the following:

(1)

Cover sheet. The cover sheet shall include the following:

(a)

A plan view of the proposed subdivision in its entirety;

(b)

A locus plan indicating the location of the parcel being subdivided, including abutting properties and streets within 500 feet;

(c)

An index of plan sheets indicating what information is found on each sheet;

(d)

A list of any waivers being requested;

(e)

Subdivision name and date;

(f)

Names and addresses of record owner(s), applicant(s), subdivider, and seal and signature of the engineer and surveyor (and landscape architect, if applicable) preparing the plan.

(2)

Plan of existing conditions.

(a)

Man-made features, including but not limited to existing lots, buildings, existing streets, driveways, cart paths, trails, fences, walls, and stone walls and drainage systems.

(b)

Natural features, including but not limited to topography at two-foot contour intervals, showing the elevation of the tops of rises, hills or hummocks and of wetlands, watercourses, certified or potential vernal pools, and other bodies of water, existing wooded areas, large trees over 12 inches in diameter, rock ridges and outcroppings, USDA soil types, and relevant natural features of adjacent parcels such as areas of NHESP priority or estimated habitat, and any public lands.

(c)

Delineation of floodplain districts, riparian areas, wetland areas and buffer zones as determined under Wetlands Protection Act, MGL c. 131, § 40, and regulations thereunder, and under the Town of Sherborn's Wetlands Bylaw (Chapter 226 of the Sherborn General Bylaws) and any regulations thereunder, within and adjacent to the subdivision.

(3)

General subdivision layout.

(a)

Subdivision name, perimeter boundaries, North point, assessors' map number;

(b)

Lot number, names and addresses of the record owner and the subdivider and name, address, signature and imprint of the seal of the registered civil engineer and registered land surveyor preparing the plan;

(c)

For an open space subdivision, documentation of the yield plan, i.e., calculation of the maximum number of allowed residential units, using the method described in Zoning Bylaw § 240-4.5 and supported by relevant maps.

(d)

Proposed boundaries, North point, date of survey, date of plan and date of each revision thereto, scale legend and land area table showing the total acreage of the subdivision and the total acreage included in each of the following categories:

[1]

Building lots;

[2]

Streets and ways;

[3]

Utility, drainage and other easements;

[4]

Recreation and conservation sites;

[5]

All wetland areas, including brooks, ponds and other water bodies;

[6]

Other categories, if relevant;

(e)

Names of all abutters as they appear on the most recent Assessors' list.

(f)

Indication of the zoning district or districts within which the subdivision is located.

(g)

Zoning district boundary lines and floodplain district lines, if any, located within or in close proximity to the subdivision.

(h)

For an open space subdivision, outline of proposed conservation area(s) and developed area(s).

(i)

For open space subdivisions with public access to the open space, a trailhead and/or signage may be required.

(4)

Street and lot layout.

(a)

Sidelines and center lines of all proposed streets, ways, and passageway easements, and sidelines of proposed driveways, including connections with existing or proposed ways on adjoining land. Numbered station locations shall be marked along the center lines of all streets at fifty-foot intervals and at all changes in direction. If future extension of dead-end streets for future pedestrian or vehicular access to existing or previously approved streets or to adjoining land is approved by the Planning Board in accordance with § 380-2.13G, the potential extensions shall be shown. Lines shall be indicated by bearings referred to the North point. Relative error of closure shall conform to the requirements of the 2006 Land Court Manual of Instructions, as amended;

(b)

Accurate dimensions, bearings, length and radius of arc, tangent (or chord) distances, central angles of curves and such other data as may be required to determine readily the precise location of every street and way line and width, lot boundary, easement line, common or public area boundary, and to establish these lines on the ground;

(c)

Permanent boundary markers properly identified as to whether existing or proposed, the number and locations of which shall comply with § 380-2.30;

(d)

Location, names and present widths of both the rights-of-way and the paved or traveled way for streets bounding, approaching or within reasonable proximity to the subdivision;

(e)

Proposed street names on the original definitive plan and profiles;

(f)

A closed traverse of the whole subdivision and of every street and lot within the subdivision;

(g)

Proposed public ways shall be shown as separate parcels, labeled as such, and title to the parcel shall be retained by the applicant or his successor until such time as the public way is accepted by the Town at Town Meeting;

(h)

Boundary lines of all building lots (open space or conventional). Lot dimensions shall comply with §§ 240-4.2 and/or 240-4.5 of the Zoning Bylaw as applicable. In open space subdivisions, total area of all lots shall occupy no more than the maximum percentage area specified in § 240-4.5 of the Zoning Bylaw;

(i)

Minimum building setback lines on all lots as determined by § 240-4.2 of the Sherborn Zoning Bylaw.

(5)

Grading and stormwater management.

(a)

Stormwater management systems shall comply with low-impact development and low-impact drainage system principles and standards to the maximum extent feasible;

(b)

Location, purpose, dimensions, and center line courses of all drainage and utility easements, existing or proposed, and location, purpose and dimensions of all passageways, bridlepaths, trails and other easements, existing or proposed;

(c)

Location and outline of all existing buildings and site features, including, but not limited to, large trees (diameter 12 inches, three feet above ground level) within the proposed right of way and within 10 feet of either side of the proposed right-of-way and/or building envelope, existing walls, fences, wooded areas, rock ridges, and outcroppings; all wetland resource areas subject to local jurisdiction (bogs, swamps, marshes, water courses, ponds and floodplain areas) within or adjacent to the subdivision;

(d)

Location and description of all proposed and existing drainage facilities, including the size, type and location of storm sewers, manholes, catch basins, infiltration galleys, pipes, culverts, headwalls and drainage ditches, swales, detention/retention ponds and other incidental and special facilities;

(e)

Existing and proposed topography at two-foot contour intervals prepared from a topographical field survey, showing the elevation of the tops of rises, hills, hummocks, and ledge outcroppings, the bottoms of all low points, bowls and swales, and boundaries of wetlands and riverfront area as determined under MGL c. 131, § 40 (Mass. Wetland Protection Act), and regulations thereunder, and under the Town of Sherborn's Wetlands Bylaw.[3] Elevations and two permanent bench marks shall be based on, in the same datum as, and referenced to U.S. Coast and Geodetic Survey Monuments. Existing and proposed contours on the definitive plan are to tie in with existing and proposed contours on individual lot plans;

[3]

Editor's Note: See Ch. 226, Wetlands.

(f)

Location of sidewalks and delineation of natural terrain features, including trees six inches or more in diameter, to be preserved in areas between the proposed roadway and the right-of-way lines; and within 10 feet of the right-of-way lines;

(g)

Documentation of compliance with the Sherborn Stormwater Management Bylaw, Chapter 200 of the General Bylaws.

(6)

Roadway plans and profiles. Profiles shall be drawn in ink or laser printer on four mil double-sided mylar or three mil single-sided mylar at a vertical scale of one inch equals four feet and a horizontal scale of one inch equals 40 feet and corresponding sections of the street survey plan shall also be shown at the same horizontal scale on each profile sheet. Profiles shall show the following:

(a)

The center line of all proposed streets, ways, drains, sewers, headwalls, and waterways, together with cross sections of all headwalls, underdrains, drainage ditches, open channel brooks and other watercourses. See Appendix, Schedule B, Typical Sections;[4]

[4]

Editor's Note: Schedule B is included as an attachment to this chapter.

(b)

The existing ground surface profiles along the center line and each sideline of proposed streets;

(c)

Elevations and two permanent bench marks based on, in the same datum, and referenced to U.S. Coast and Geodetic Survey monuments;

(d)

Proposed drainage system showing the types and sizes of all pipes, catch basins, manholes, culverts and headwalls, the invert and rim elevations of all catch basins and manholes, the approximate surface elevation at 100-foot intervals of all waterways within the subdivision and at each point where a drainage pipe ends and the approximate depth of water at these points;

(e)

Rates of gradient of all streets, ways, drainage pipes, culverts and waterways shown in percentage figures at each change in grade;

(f)

Calculations of volumes of cuts and fills necessary to construct road, including drainage system;

(g)

Legend:

[1]

Existing surface at center line in fine black solid line;

[2]

Existing surface at right side line in fine black long-dash line;

[3]

Existing surface at left side line in fine black short-dash line;

[4]

Proposed surface at centerline in heavy line with grade elevations shown at every fifty-foot station along vertical tangents and at every twenty-five-foot station along vertical curves;

[5]

Proposed grades in percent along vertical tangents and vertical curve data.

(7)

Landscape plan. The landscape plan shall include, but not be limited to, the following items:

(a)

Street trees;

(b)

Center islands of cul-de-sacs;

(c)

Vegetative screening and selective cutting zones around the perimter and within the subdivision lots, as applicable;

(d)

Rain gardens, swales and detention/retention basin plantings of screenings;

(e)

Trails, trailheads, or other pathways of any on-site open space or connections to abutting open space;

(f)

Documentation of proposed species and sizes at planting and numbers of each;

(g)

Planting details.

(8)

Erosion and sedimentation control plan. An erosion and sedimentation control plan, including, but not limited to:

(a)

A temporary drainage plan capable of handling a ten-year storm event to be used during construction;

(b)

A crushed stone construction entrance to minimize off-site tracking of materials, includng erosion control barriers across construction entrances when work is not active (e.g., weekends, holidays or other periods);

(c)

Barriers to prevent off-site washing of soil, and measures to protect components of the permanent drainage system from sedimentation, including during times when construction is not active, such as weekends and holidays;

(d)

A dust control plan;

(e)

A soil stabilization plan that ensures that disturbed areas where no work is being performed are not left unstabilized for more than 30 days;

(f)

Identification of areas to be used for stockpiling materials during construction; and

(g)

A copy of a National Pollution Discharge Elimination System (NPDES) permit application has been filed with DEP or documentation that no NPDES permit is necessary.

(9)

Lighting plan. The lighting plan shall include:

(a)

The location of any streetlights.

(b)

A photometric plan documenting that there is no light spillage beyond the boundaries of the subdivision and that the lighting complies with § 380-2.31.

(c)

Streetlights shall comply with Town of Sherborn streetlight standards. Only LED lamps shall be installed, and they shall be shielded to prevent light pollution as well as light spillage.

(10)

Construction sequencing plan. The construction sequencing plan shall include:

(a)

A limit of work area illustrating all areas to be disturbed during construction of the subdivisions, including roadway, drainage facilities, wells and septic systems and houses and yards;

(b)

Areas to be cleared for the start of construction;

(c)

Areas to be used for stockpiling materials and storing equipment and materials, including any changes as construction progresses;

(d)

Timing of road construction in relation to the temporary and permanent stormwater management facilities;

(e)

Construction of amenities, including landscaping, tree planting, and paths, trails or sidewalks.

Signature blocks. All plans shall include the following:

(1)

Printed legend for endorsement of the Board's approval in the following form:

"This plan is approved on condition that no lot in the subdivision shown hereon shall be sold until the streets, ways, municipal services and utilities are constructed in accordance with the terms and conditions of an agreement dated __________, 20_____, between the Town of Sherborn acting through its Planning Board and __________ (1) __________ a copy of which agreement is recorded herewith and subject to conditions imposed by the Board of Health and to the recording of this plan and said agreement with the Middlesex South District Registry of Deeds (or Land Court) on or before __________, 20_____.





	Being a majority of the Sherborn Planning Board
	Date __________, 20_____"

(2)

Printed legend for the Town Clerk's endorsement in the following form:

"I, Town Clerk of the Town of Sherborn, hereby certify that notice of approval of this plan has been received and recorded at this office and no notice of appeal was received during the 20 days next after the receipt and recording of such notice.

Date	Town Clerk"

Drainage calculations and runoff plan. Drainage calculations and runoff plan shall be certified by a registered professional engineer to substantiate the proposed pipe sizes and adequacy of design of the subdivision drainage system prepared in compliance with § 380-2.14.

Groundwater impact assessment. The Board requires that the following be submitted with the definitive plan. Such information is necessary to evaluate the plan because of the critical dependence of Sherborn residents on clean groundwater resources, and because each location presents unique hydrogeological circumstances:

(1)

Location of aquifers, recharge areas, or watersheds for existing or potential drinking water supplies, based on existing, publicly accessible data.

(2)

Maximum (i.e., historic high) groundwater table elevation and direction and velocity of groundwater flow.

(3)

Projection of increases in nutrient and contaminant loading resulting from subdivision septic systems (collectively): at well sites within the subdivision, at abutter property lines, at wetlands and their buffer zone boundaries within or adjacent to the subdivision, and at other sensitive receptors. Projections shall be made in accordance with effluent evaluations specified by environmental health impact reports and other requirements of Board of Health Regulations, Chapter 305, Article III.

(4)

Analysis of open and closed drainage system alternatives, examining effects upon the recharge of aquifers and the quality of groundwater and surface water.

Accompanying documents.

(1)

Draft deed to convey the proposed open space parcel(s) to the appropriate entity to hold the fee interest as well as a draft conservation restriction in cases where the fee interest is not proposed to be conveyed to the Town.

(2)

A report, in writing, certified by a registered professional engineer describing the subsurface conditions within the subdivision, including locations and results of all tests made to ascertain subsurface conditions within the subdivision, and on each proposed lot in the subdivision, provide locations and results of tests made to ascertain subsurface soil, rock and groundwater conditions, depth to groundwater and locations and results of all soil percolation tests conducted in accordance with the requirements of the Board of Health;

(3)

A statement, in writing, signed by the applicant and by the engineer and surveyor preparing the definitive plan, describing in detail any recent or contemplated filling, excavation, relocation or removal of earth (including, but not limited to, soil, loam, sand, clay or gravel) within the subdivision. With respect to each such filling or removal operation within the subdivision, including all filling, cutting and grading required in the construction of the subdivision streets and ways, the statement shall indicate, by reference to the definitive survey and profile plans, the approximate perimeter of the area affected thereby, the approximate amount of earth to be placed, relocated or removed and the changes in elevation resulting therefrom. Specific explanation is required on any fill to be added, if removal is also proposed, and such fill shall be "clean fill" and subject to review by the Planning Board or its agent;

(4)

Three certified copies of all instruments and plans of record, if any, describing or delineating existing easements, covenants, agreements, and restrictions affecting any land within the subdivision;

(5)

Three copies of agreement, if any, providing for the acquisition by the record owner of the subdivision of such rights and easements in land contiguous to the subdivision as may be necessary for the lawful discharge of water from the subdivision drainage system onto such contiguous land or for the extension to the subdivision of utilities or municipal services over, across or under such land;

(6)

Engineer's and surveyor's field notebooks, if requested by the Board;

(7)

A statement signed by the applicant and by the engineer and surveyor preparing the definitive plan that either the proposed work is outside any estimated habitat or priority habitat area as defined by the most recent version of a map of such areas prepared by the Natural Heritage and Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife or any successor organization, or that permission for such work has been applied for or granted by NHESP.

Review by other boards and commissions.

(1)

The Planning Board shall promptly after the date a submission of a definitive plan is considered to be complete notify the following department and boards of such submission and request their review and recommendations.

(a)

Conservation Commission.

Board of Health.

Fire Department.

Police Department.

Building Inspector.

Community Maintenance and Development Department.

(g)

And such other department, boards, committees or commissions as it may consider appropriate, given the substance of the application.

(2)

Except for the Board of Health who shall report to the Planning Board within 45 days after receipt of the plan, all other departments and boards who are notified shall be given 35 days after receipt of such notice to make a report to the Planning Board, in writing, of their recommendations. The Planning Board shall not render a decision on the plan until 45 days from the date of such notice has expired or earlier if all reports are received.

(3)

Any report submitted to the Planning Board by a reviewing department or board shall be considered by the Planning Board in making its decision on a definitive plan. The Board may also request any department or board to review the plan with the Planning Board and/or to provide information regarding the definitive plan at the public hearing.

(4)

A copy of any report submitted to the Planning Board by another department, or board as part of the review of a definitive plan will be furnished to the applicant upon request.

On-site inspection.

(1)

After the application is considered complete, the Planning Board may request an on-site inspection.

(2)

Within 14 days of a request to do so by the Planning Board, the applicant shall proceed to staking and preparation for the on-site inspection by the Board. Staking shall consist of placing stakes in the ground delineating the location of proposed ways, driveway center lines and such other features as the Board may request. The center line of the proposed streets shall be marked with stakes at no more than 100-foot intervals with sufficient markings on said stakes to relate to the station locations as shown on the plan. After the staking, the Board will conduct a site inspection at a time to be arranged with the Board.

Public hearing.

(1)

Before approval, modification and approval, or disapproval, of a definitive plan is given, a public hearing shall be held by the Planning Board, notice of the time and place and of the subject matter, sufficient for identification and including the location of the proposed subdivision and the name of the applicant, shall be given by the Planning Board at the expense of the applicant by advertisement in a newspaper of general circulation in the Town of Sherborn, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent Assessors' list (MGL c. 41, § 81T).

(2)

Prior to the endorsement of the definitive plan, the applicant shall file evidence that he has paid the cost of providing required notice, and of conducting the hearing, if any. No plan shall be endorsed until such expenses have been paid.

(3)

The applicant shall be given the opportunity to present his proposal at the public hearing.

(4)

The public shall be provided with an opportunity to be heard with respect to the proposed development, and any comments or documents submitted by the applicant, Town boards, commissions or departments, members of the public, or other relevant information shall be made a part of the public record.

Action.

(1)

The Board will either approve, approve with conditions, or disapprove the definitive plan within the time set for Board action by MGL c. 41, § 81U.

(2)

The action of the Board, including any conditions of approval or specific reasons for disapproval, shall be stated in a certificate of action and filed with the Town Clerk and a copies sent by the Board to the applicant by certified or registered mail. Unless an appeal is taken to the Superior or Land Court from the action of the Board and a written notice of such appeal is received by the Town Clerk within 20 days of the receipt by the Town Clerk of the certificate of action, the Planning Board shall endorse the approved definitive plan and refer thereon to any conditions of approval or to any instrument describing such conditions.

(3)

The approval by the Board of a definitive plan does not constitute a laying out or acceptance by the Town of the streets within the subdivision as public ways.

(4)

The applicant shall be responsible for the expense of furnishing the Board, prior to recording, three sets of full-size black or blue line prints and one set of three-mil diazo Mylars of all drawings comprising the definitive plan. Prior to the start of construction of a subdivision, the Planning Board shall cause to be recorded, at the applicant's expense, the definitive plan and all legal documents which relate thereto.

(5)

Unless otherwise waived, any such certificate shall be deemed to include without limitation the following:

(a)

The construction of all streets and ways and the installation of all municipal services shall be completed in accordance with these rules and regulations within a period of two years from the date that the approved plan and this subdivision covenant are recorded/filed at the appropriate registry. During street construction, the applicant shall conduct compaction testing as requested by the agent appointed by the Planning Board to oversee the subdivision or, if no agent, DPW.

(b)

Any sale, transfer or other transfer of ownership of rights or interests in all, or any part of, the subdivision property described in the approved subdivision plan shall include a condition that successors are bound to these general conditions. In the event of the sale of the entire subdivision: the Planning Board shall be provided with the name, the address and telephone number of the new owner and of the representative, if other than the owner, responsible for the project; and for projects in which construction is secured by covenant, a new covenant shall be executed by the new owner and recorded/filed at the applicable registry.

(c)

No construction work may be started until the definitive plan, the certificate of action, the covenant (if applicable), and any required easements have been recorded/filed at the applicable registry.

Preconstruction requirements. After recording the documents listed above and before construction may begin, the following shall be completed:

(1)

Mark the proposed limit of work in the field, stake the location of the street, mark the trees to be preserved in the street rights-of-way, and schedule an appointment with the agent appointed by the Planning Board to oversee the subdivision or, if no agent, CMD for inspection by an authorized representative. The "limit of work" is defined as a point five feet beyond the extent of the cut slope, fill slope or other areas of grading necessary to construct the proposed subdivision street.

(2)

Make arrangements with the agent appointed by the Planning Board to oversee the subdivision or, if no agent, DPW for periodic inspections of work during the construction period.

(3)

The limit of work line shall remain marked until all construction is completed. The area outside the limit of work line shall be protected from damage or loss caused by construction activities by erecting barriers and avoiding stockpiles of earth materials on the root systems of trees during construction. The following is also required in relation to the limit of work line:

(a)

All workers shall be informed that no construction activity is to occur beyond this line.

(b)

The relocation of the line is not permitted without the prior written approval of the Planning Board or its representative.

(c)

The area outside the limit of work line shall be protected from damage during construction. The area outside the limit of work line shall not be used for the storage of building or earth materials, equipment, vehicles or construction debris or as a construction staging area.

Construction requirements.

(1)

The developer shall maintain a copy of the approved definitive plan and of any approved change orders and a copy of the certificate of action (and the covenant, if applicable) at his/her normal place of business and on the site during construction. The developer shall provide a copy of the approved plans and the certificate to any broker, agent, development entity, builder or attorney authorized to act in the subdivision, sale or rental of property within the subdivision, and they shall maintain a copy of the plans and this certificate and the covenant at their normal place of business and furnish them to any person interested in purchasing a lot.

(2)

No construction activity in the subdivision shall take place prior to 7:00 a.m., after 5:00 p.m. (or sunset, whichever is later), or at any time on Sunday or on any legal holiday.

(3)

As soon as possible during construction, all disturbed upland areas shall be brought to final finished grade and all slopes created as a result of cut or fill shall be stabilized to prevent erosion by either loaming and seeding in accordance with USDA Natural Resources Conservation Service guidelines for permanent stabilization, or another way approved by the Conservation Commission and/or the Planning Board.

(4)

All debris, including stumps, and construction refuse shall be disposed of off-site, promptly and properly, and the construction site shall be maintained in clean condition.

(5)

Final contours for the construction of the street are to remain as shown on the definitive plan. Any desired change must be requested in writing and can be made only with the prior approval of the Board or, where authorized by the Board, the DPW. Such approvals shall not require a public hearing nor an amendment to the approved definitive plan.

(6)

Permanent bounds, as specified by the Town's standard details, shall be set at all angle points and at the beginning and end of each curve on the sidelines of the right-of-way. Permanent bounds shall be installed to delineate any easements offered to the Town in the same manner. Iron pins or equivalent permanent markers or monuments shall be set at each corner of each lot and at each change of bearing on any lot line.

(7)

Temporary markers at the location of all permanent bounds, markers or, monuments, as noted on the approved definitive plan, shall be set prior to the construction of the street and the issuance of any building permit, including a foundation permit; but permanent bounds or monuments shall not be installed within the limit of work line until all construction which might damage or destroy them is completed. The markers for each lot must be permanently installed before a certificate of occupancy for any dwelling unit thereon will be issued.

(8)

Electric, telephone, and other types of transmission wires, such as cable television, and the provision for foundations for streetlights with wiring in place shall be installed underground to one side of the pavement, as shown in the typical section, but not under the pavement. Utility crossings of subdivision streets required for utility system continuity shall be laid out in a manner that minimizes the crossings.

(9)

Prior to the installation of the binder course for the street, all underground connections that will be placed in the right-of-way shall be made to the limits of the right-of-way. No trenching will be allowed within the right-of-way subsequent to the installation of the binder course. No building permit, except for a foundation permit, may be issued until this work is complete.

(10)

No building permit, including a foundation permit, shall be issued until lots are released from the subdivision covenant as specified in Subsection N or a performance bond is in place as described in Subsections O(1) and the location of the bounds on the subdivision street and on any easements are temporarily marked if the construction is not at the point where the permanent bounds may be installed.

(11)

After the installation of the binder course, no utility structure shall be left protruding in the right-of-way if the finish course cannot be placed before winter. If utility structures are up above the binder course as winter approaches, the utility structures shall be lowered to the binder course level without the use of temporary asphalt pavement.

(12)

The applicant shall prepare and update an accurate and complete set of the construction plans showing each element as-built, and a signed set of the as-built plans shall be delivered to the Board prior to release of final security. At the request of the Board, such as-builts shall be confirmed for accuracy by an outside engineer at the applicant's expense. Minor changes from the approved plan may be made in the field, provided there is a written change order which must have the prior written approval of the appropriate Town supervising entities, as designated by the Planning Board for such purpose. A copy of all such change orders shall be furnished to the Planning Board and shall be maintained by the applicant. These approved changes shall be included in the as-built plans.

(13)

The applicant shall be responsible for maintaining, in a healthy condition, all new trees and shrubs planted within the right-of-way of the subdivision streets for a minimum period of one year after planting, and until the street is accepted at Town Meeting. If the location and/or species of the plants is changed from the approved landscape plan by direction of the Tree Warden, the Planning Board or their representative, the new information shall be submitted in the form of a plan to the Planning Board upon completion of the planting. After one season, trees that are dead, damaged or not likely to survive in a healthy state shall be replaced in kind and maintained for at least one additional year.

(14)

If, at any time, the construction of the subdivision is not in compliance with the approved plans, or any approved change order, the certificate, and/or the covenant, the Board may order that work on the construction of the subdivision be stopped and request that the Building Inspector defer the issuance of any additional building permits or certificates of occupancy until the noncomplying construction is corrected and brought into compliance. If the Board issues a stop-work order, the Board, or its designees may also require that additional surety be provided to allow for the correction of the noncomplying construction; or suspend or rescind the release of any, or all, lots which have not already been conveyed to a homeowner by filing a notice of such suspension or rescission in the Registry of Deeds.

Street names. Street names shall be submitted to the Historical Commission for comment and be approved by the Planning Board to prevent duplication or close similarity to names of existing streets and to provide names in keeping with the character of the Town. Names reflecting geographic, natural or historical features are preferred to names of persons.

Performance guarantee. No definitive plan will be endorsed until the applicant has furnished surety as, required by law, to insure that all required improvements within or appurtenant to the subdivision will be made in compliance with these rules and regulations and in conformity to the approved definitive plan, as modified or amended by the Planning Board and/or the Board of Health. All such required improvements shall be secured by one, or in part by one and part by the other, of the two methods described in Subsection O(1) and (2), respectively, which the applicant may vary from time to time at his election (MGL c. 41, § 81U).

(1)

Method One: performance bond. A performance bond of the applicant running to the Town of Sherborn secured by surety (Form H) or by money or negotiable securities deposited with the Town Treasurer (Form I or Form J) in such amount as the Board shall determine to be sufficient to cover the cost of completing the required improvements, or such portion thereof not secured by covenant under Subsection O(2). Such bond shall be conditioned upon full and satisfactory completion of all such improvements within such time as the Board shall determine, but in no event more than two years from the date of the Board's endorsement of its approval of the definitive plan.

(2)

Method Two: covenant.

(a)

A covenant running with the land duly executed by each record owner of the land within the subdivision. Such covenant shall be either inscribed on the definitive plan or be contained in a separate recordable document (Form F) referred to on the plan and shall provide, in part, that no lot shall be built upon or sold until all improvements required under these rules and regulations shall have been completed and approved by the Board as provided herein.

(b)

If the applicant elects to secure performance by covenant, either in whole or in part, approval of the definitive plan by the Board will be made conditional upon:

[1]

The recording of the definitive plan with the covenant (either endorsed on the plan or contained in the separate document) not later than 60 days after the Board's endorsement of its approval of the plan; and

[2]

Completion of all required improvements within such time as the Board shall determine but in no event more than 24 months from the date of such endorsement.

(c)

The covenant, whether inscribed on the plan or contained in a separate document, shall contain a proviso that the construction of all streets and ways and the installation of all municipal services shall be completed in accordance with the applicable rules and regulations of the Board within _____?_____ months[5] from the date of the Board's endorsement of its approval of the definitive plan, and that failure to so complete shall automatically rescind approval of the plan.

[5]

Editor's Note: The number of months as determined by the Board at the time of approval (not exceeding 24 months) shall be inserted in the covenant proviso.

Normally, a covenant will be recorded with the definitive plan. Lots will be released from the covenant following execution of a performance guarantee. This will take place following installation of the underground utilities, drainage system and binder course of the roadway.