Town of Barnstable, MA Subdivision Plans

[1]

Editor's Note: Form B and the Form B Checklist are included at the end of this chapter.

[2]

Editor's Note: See Ch. 112, Historic Properties.

General provisions.

(1)

Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file the following:

(a)

With the Planning Board:

[1]

An original drawing of the definitive plan and street plans and profiles and eight contact prints thereof. The original drawings will be returned after approval or disapproval;

[2]

Ten copies of the plan at a reduced scale of one inch equals 100 feet or other scale suitable for distribution.

[3]

A compatible electronic file of the plan shall be submitted in accordance with the file format and coordinate system specifications listed in Appendix A for accurately inputting plan information into the Town's geographic information system.

[4]

One copy of properly executed Application Form C and the Form C Checklist; [1]

[1]

Editor's Note: Form C and Form C Checklist are included at the end of this chapter.

[5]

A copy of the most recently recorded deed and tax bill for each parcel of land within the subdivision, unless submitted with a preliminary plan application, and there has been no change in ownership since that submission; evidence that taxes have been paid on all lots;

[6]

A copy of a purchase and sales agreement or other evidence of authorization to apply on behalf of the owner(s) of all of the land shown on the plan, unless submitted with the preliminary plan;

[7]

Evidence of right of access from a private way that provides frontage and access to any lot shown on the subdivision plan;

[8]

The filing fee;

[9]

Where no preliminary plan has been submitted, the applicant shall contact the Planning Board Office and shall be assigned a subdivision number which shall appear on the plan;

[10]

A list of all abutters to the subdivision as shown on the definitive plan, together with the address of each as determined from the most recent tax list;

[11]

If the applicant seeks a waiver of strict compliance with these rules and regulations, a written description of such waiver requests as specified in § 801-5 shall be submitted together with the definitive plan;

[12]

The location of all soil test sites and a description of the soil depths, percolation rate, and composition and type of soil for each lot and any open space in the subdivision;

[13]

Boring logs and soil classifications performed by a registered professional engineer shall be taken at intervals sufficient to adequately map soil types and groundwater elevations. In general, borings will be required at the location of each manhole, catch basin, leaching system, retention basin, detention basin, and every 250 feet along the roadway unless otherwise approved by the Board's engineer. Depth to groundwater shall be recorded if encountered;

[14]

Two copies of calculations for the determination of all waterway openings to justify culvert and drain sizes as required by § 801-27C. Such calculations shall be prepared by a registered professional engineer;

[15]

A copy of all the drainage calculations;

[16]

Nine copies of the environmental analysis report, when required;

[17]

Engineer's report outlining projected maintenance needed for the subdivision roads and drainage system over the next 20 years;

[18]

A tree map in accordance with § 801-15; and

[19]

Report from the Cape Cod Commission, if any.

(b)

With the Town Clerk: The applicant shall file, by delivery or registered mail, a notice stating the date of submission to the Planning Board.

(c)

With the Board of Health: four copies of all the plans and a copy of Application Form C.

(d)

With the appropriate Fire Department and public water supply office, if any, one copy of all the plans and a copy of Application Form C.

(2)

The definitive plan shall not be deemed to have been submitted to the Board until the application, filing fee, and other information required under Article III, together with the definitive plan and prints, have been submitted and are fully complete in accordance with these rules and regulations. The Board may deny approval of plan applications that are incomplete and/or do not meet the submission requirements of these regulations.

Contents of plan. The definitive plan and street plans and profiles shall be prepared by a registered professional civil engineer and a registered land surveyor. The plan shall be drawn to a scale of one inch equals 40 feet unless an alternative scale is approved by the Planning Board's engineer. The definitive plan shall meet the requirements of the Registry of Deeds or Land Court as applicable depending upon the method of recording. Plans shall also conform to the regulations of the Board of Professional Engineers and Land Surveyors, 250 CMR and its latest revisions thereto. Sheet size shall not exceed 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision.

(1)

Sheet(s) A. The definitive plan shall show the following:

(a)

The subdivision name and number, North arrow, legend, Fire District and location, the owner(s) and applicant(s) name(s), date, scale, bar scale and the words "definitive plan."

(b)

A key map with adjacent streets sufficient to determine the actual location of the subdivision, at a scale of one inch equals 2,000 feet. The Assessor's map and parcel number(s), total gross area of the subdivision and any wetlands, zoning district(s), zoning overlay district(s), zoning area, width, yard and frontage requirements, shall be located directly below the key map.

(c)

Title block containing the name and address of the firm responsible for the plan; an original seal on the original plan and all full-size copies, with signature and date provided by the responsible professional engineer and/or registered land surveyor. Revisions shall be clearly noted near the title block with reference number, date, description and initials of the person responsible for the revisions.

(d)

The boundaries of the subdivision and intersection of adjoining property lines with the names of all abutters as they appear on the most recent tax list.

(e)

Any zoning district, zoning overlay GP and WP Districts, or Fire District lines which pass through the property.

(f)

Existing and proposed lines of streets and their classification as a major, secondary, minor A or B street, ways, lots, easements and public or common areas within the subdivision with ownership status and existing pavement, if any. The proposed names of proposed streets shall be shown in pencil until they have been approved by the Board's engineer.

(g)

Sufficient data to determine readily the location, direction, and length of every street and way line, easements, lot line and boundary line, and to establish those lines on the ground.

(h)

Location of all permanent monuments properly identified as to whether existing or proposed.

(i)

The location of any existing buildings and stone walls.

(j)

The location of wetlands and surface water bodies.

(k)

Area of each lot in acres and square feet; net area of wetlands within each lot or parcel, in square feet; lot shape factor calculations noted on each lot.

(l)

Plans to be approved with a covenant shall contain the following note: "Approval of this plan subject to compliance with covenant to be recorded herewith."

(m)

Suitable space to record the action of the Board and the Town Clerk's certification of no appeal.

(2)

Sheet B. Separate reproducible copies of the definitive plan shall show the following:

(a)

Beneath the key map, the total number of linear feet, measured along the center line, for each street proposed on the plan. The gross area of roads and culs-de-sac in square feet and acres.

(b)

Lot numbers and street numbers, if issued by the Town Engineer, enclosed in a square.

(c)

The coordinates of all property corners, lot corners, and street line changes in direction. Coordinates shall be tied into the Massachusetts Plane Coordinate System where required by the Town of Barnstable Engineering Division of the DPW.

(3)

Sheet C. A separate reproducible copy of the definitive plan shall show the following:

(a)

Location, names, legal status, right-of-way widths and pavement widths of streets bounding, approaching or within reasonable proximity of the subdivision. Legal status of streets shall be as certified by the Town Clerk.

(b)

The top and toe of proposed slopes adjacent to the proposed roadway.

(c)

Slopes in excess of 10% and soils classified as having severe slope characteristics for building site development by the USDA, Soil Conservation Service, latest Soil Survey Report for Barnstable County.

(d)

Road center-line stationing, referenced to the street plans and profiles. Zero point for center-line stationing shall be the intersection of center lines.

(e)

Topography shall be shown by contour lines at a maximum interval of two feet. Existing contours shall be shown as dashed lines and proposed final contours as solid lines. Contours shall extend beyond the boundaries of the property a sufficient distance to indicate the effect of the subdivision on abutting property. A minimum of two benchmarks shall be indicated on the plan.

(f)

Sight distances at intersections of subdivision roads with existing streets. Sight distances shall be measured in accordance with § 801-13.

(g)

The complete drainage system including preexisting drainage patterns, proposed drainage components and the delineation of all watersheds including water entering and leaving the site.

(h)

Erosion and sediment control plan including temporary drainage facilities for use during construction.

(i)

Wetlands and surface water bodies within 200 feet of the perimeter of the subdivision.

(j)

Existing water mains, utilities and sewers adjoining and within the subdivision. The location of any existing utility poles in or adjacent to the subdivision.

(k)

Location of the proposed subdivision with regard to a:

[1]

Historic District or other designation as an historically significant property.

[2]

Flood areas as depicted on the special FIA Flood Insurance Rate Maps.

[3]

Areas of critical environmental concern (ACEC) as designated by the Commonwealth of Massachusetts, Executive Office of Environmental Affairs.

[4]

Designated scenic roads.

[5]

District of Critical Planning Concern as designated by the Cape Cod Commission.

[6]

Location within a critical habitat as designated by the 1990 APCC publication "Cape Cod Critical Habitats Atlas."

(4)

Sheet D. A sketch plan showing the approximate layout of streets of any remaining adjoining land owned by the applicant or purchaser of the land, unless a subdivision plan of the remaining land has been filed with the Board.

Road plans, profiles and cross sections. Two copies of separate plan and profiles of every street shall be submitted showing the following data:

(1)

A horizontal scale of one inch equals 40 feet. A vertical scale of one inch equals four feet.

(2)

Existing center-line profile to be shown as alternating dotted and dashed black line. Existing center-line profile for intersecting streets to be shown for at least 100 feet each side of the intersection of street center lines. Zero point for center-line stationing shall be the intersection of center lines.

(3)

Finished, designed profile to be full black line, with elevations shown every 50 feet, except where there is a vertical curve, the elevations shall be shown every 25 feet.

(4)

Elevations referred to mean sea level datum as established by the U.S. Coast and Geodetic Survey.

(5)

Plan, profile and cross section of proposed system of drainage including swales, retention basins, catch basins, manholes, and proposed inverts and pipe sizes. The location and dimensions of drainage easements and limits of any surface water body or wetland, and the height of groundwater, corrected to maximum elevation using the Frimpter correction method.

(6)

All existing walks and driveways.

(7)

Rates of gradient shown by figures for roadways and drainage.

(8)

Location of existing and proposed gas, water, sewer, electric, telephone, cable and other utilities, in and adjacent to the subdivision, including utility poles; any conflict between existing utilities and proposed construction shall be shown. Utilities shall be shown in schematic fashion after consultation between the applicant and the utility company involved. Final plans of utilities shall be submitted for approval to the Board's engineer prior to construction.

(9)

Two bench marks for each street.

(10)

Cross sections of roadway at fifty-foot intervals. Cross sections shall show existing and proposed grades including top and toe of slopes, pavement thickness, pavement width, existing and proposed utilities and gravel base and proposed drainage.

(11)

Spot elevations on gutters and center lines of corner roundings at street intersections and at culs-de-sac.

(12)

Location and type of proposed traffic signage and markings designed in accordance with the manual on Uniform Traffic Control Devices by the Federal Highway Administration and state laws.

Review by Board of Health as to suitability of land.

(1)

When a definitive plan of a subdivision is submitted to the Planning Board four copies thereof shall also be filed with the Board of Health. Such Health Board or officer shall report to the Planning Board in writing approval or disapproval of said plan, and in the event of disapproval shall make certain findings as to which, if any, of the lots shown within the subdivision cannot be used for building sites without injury to the public health, and include such specific findings and reasons therefor in such report, and, where possible, shall make recommendations for the adjustment thereof; provided, however, that if a municipal sewerage system will service the proposed subdivision, then failure of the Board to make such a report within 45 days after the plan is filed with their office shall be deemed approval by such Board or officer. Such Health Board or Officer shall send a copy of such report, if any, to the person who submitted such plan.

(2)

Any lot so located that it cannot be served by a connection to a municipal sewer system shall be provided with on-site sewage disposal facilities satisfactory to the Board of Health and the Planning Board.[2]

[2]

Editor's Note: See Ch. 360, On-Site Sewage Disposal Systems.

Review by other officials. Before approval of the definitive plan is given, the applicant shall provide certification that the proposed improvements shown on said plan are laid out to the satisfaction of the official and for the facilities listed below:

(1)

The Department of Public Works as to the design of the street system according to classification as a major, secondary, minor A or B street, location of easements, and design of the drainage system including appurtenances.

(2)

The Chief of the Fire Department as to the location of the hydrants and the layout of the fire alarm system, including location of boxes, if any, and to the adequacy of access for emergency vehicles into the proposed subdivision.

(3)

The Tree Warden as to the location, size and species of street trees.

(4)

The Department of Public Works as to the requirements for provision for connections to the sewer system, if available, and if required, the layout and design of the necessary connecting mains, laterals, manholes and stubs for such system.

(5)

The manager of the water supplier as to the requirements and schematic location of the proposed water supply system.

(6)

The manager of the electric company as to the requirements for electrical service and schematic location of the electrical services.

(7)

The gas company as to the schematic location for the gas service.

(8)

The telephone company as to the schematic location of the telephone lines.

(9)

The cablevision company as to the schematic location of the cable vision lines.

(10)

The Police Chief.

(11)

The Superintendent of Schools.

(12)

The Conservation Commission.

(13)

Such other departments or officials deemed necessary.

Public hearing. Before approval of the definitive plan is given, a public hearing shall be held by the Board at the time and place designated by the Board. Notice of the hearing shall be given by the Board in accordance with MGL Ch. 41, the Subdivision Control Law. A copy of said notice will be mailed to the applicant and to all owners of land abutting upon the subdivision as appearing in the most recent tax list.

Payment of taxes. All property taxes, for all parcels subject to the subdivision plan, shall be paid in full prior to approval of a definitive plan.

Approval, modification or disapproval.

(1)

When a preliminary plan has been submitted and acted upon or when 45 days have elapsed since the submission of a preliminary plan, the Planning Board shall take final action, after a public hearing, within 90 days of submission of the completed definitive plan application.

(2)

When no preliminary plan has been submitted, the Planning Board shall take final action, after a public hearing, within 135 days of submission of the completed definitive plan application.

(3)

Upon receipt of a written request from the applicant, the time period for action upon a definitive plan may be extended. Notice of such extension of time shall be filed with the Town Clerk.

(4)

The Planning Board may vote to approve, approve with conditions, or disapprove such plan. If the Board disapproves a plan, it shall state in detail wherein the plan does not conform to the rules and regulations of the Planning Board, or the recommendations of the Board of Health, and shall so notify the applicant.

Development agreement.

(1)

Prior to the Planning Board's endorsement of approval of the subdivision plan, the applicant and the Planning Board shall enter into a development agreement by the Form Development Agreements in the Appendix, together with Exhibits 1 and 2, as required. [3]

[3]

Editor's Note: The Development Agreements Form, with Exhibits 1 and 2, is included at the end of this chapter.

(2)

Exhibit 1, Conditions of Approval: Exhibit 1 shall contain all the Planning Board's conditions of approval of the subdivision plan and special permit for an open space subdivision, if any. Exhibit 1 shall be attached to and made a part of the development agreement, when applicable.

(3)

Exhibit 2, Grant of Waivers: In the event that a definitive subdivision plan of land is approved with waivers from the Subdivision Control Rules and Regulations, the applicant, as a condition of approval of the plan, shall submit a completed form, Exhibit 2, Grant of Waiver(s); Exhibit 2 shall be attached thereto and made a part thereof the development agreement. The Town of Barnstable Planning Board shall be named as the grantor and the owner(s) of the land shown on the subdivision plan shall be designated as the grantees. The grant shall specify the sections and paragraphs of the Subdivision Rules and Regulations being waived, and for each waiver being granted must contain a concise description of the nature and extent of such waiver. The grant of waivers shall also contain the following sentence: " The waivers that are specifically described herein are the only waivers that are acknowledged and approved by the Barnstable Planning Board on the date of endorsement of the above-referenced definitive subdivision plan".

(4)

The Planning Board shall vote to sign the fully completed development agreement together with Exhibits 1 and 2 at a duly advertised meeting of the Planning Board.

(5)

The development agreement shall be in full force and effect for 20 years from the date of execution of the agreement, or until the Planning Board finds that the subdivision is complete and fully executes Form M, the Certificate of Completion.[4]

[4]

Editor's Note: Form M is included at the end of this chapter.

Performance guarantee.

(1)

Recordation deposit. Prior to the Planning Board's endorsement of approval, the applicant shall deposit with the Planning Board a bond, cash or other negotiable security satisfactory to the Planning Board for $1,000. This deposit will be refunded upon receipt of a copy of all recorded documents required in Subsection L below.

(2)

Security to ensure the completion of the subdivision. The Planning Board shall require, prior to endorsement of its approval of a definitive plan, that the construction of ways and the installation of utilities as outlined and specified in Articles VI and VII 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:

(a)

By a covenant.

[1]

The applicant shall file a covenant on Form F, [5] running with the land, whereby such improvements as shown on the definitive plan and as specified in Articles VI and VII and not covered by bond or other security under Subsection J(2)(b) below shall be provided to serve any lot before such lot may be built upon or conveyed, except as specified by Chapter 41, § 81U, of Massachusetts General Laws.

[5]

Editor's Note: Form F is included at the end of this chapter.

[2]

The applicant shall submit to the Planning Board the fully executed covenant, prepared on Form F and attached thereto and made a part thereof the development agreement.

[3]

Prior to the Board's approval of the covenant, the applicant's engineer or land surveyor shall place the following note on the plan: "Approval of this plan is subject to compliance with covenant to be recorded herewith."

[4]

The Building Commissioner shall not issue any permit for the construction of a building, or a foundation for a building on any lot within a subdivision, without an authorized signature from the office of the Planning Board that the lot(s) are not subject to a covenant.

(b)

By bonds, deposit of money or negotiable securities.

[1]

The applicant shall either file a proper bond or a deposit of money or negotiable securities in an amount determined by the Board, based upon the recommendation of the Board's engineer, sufficient to cover the cost of all the requirements of the Subdivision Rules and Regulations, in accordance with the decision of the Planning Board, and as specified under Articles VI and VII, and not covered under the covenant under Subsection J(2)(a) above. The amount of the bond or other security shall also include an amount sufficient to cover inflation, and administrative and engineering costs if the Board determines it necessary for the Town to complete the subdivision. The applicant shall complete Form O [6] and submit to the Board attached thereto and made a part thereof the development agreement.

[6]

Editor's Note: Form O is included at the end of this chapter.

[2]

Such bond or security, if filed or deposited, shall be approved as to form by the Town Attorney, and as to surety by the Town Treasurer, and shall be contingent on the completion of such improvements within 12 months of the date of the bond or surety.

(3)

At the discretion of the Board, a time extension for completion of the subdivision may be granted for a period not to exceed 12 months, provided that such an extension may be conditioned upon an increase in the amount of such bond or security as determined by the Board; and provided that a new bond or other security is filed with the Planning Board 30 days before any date of expiration. A request for a time extension of the bond or other security shall be accompanied by a written statement from the applicant's engineer describing the degree of completion of the improvements and the measures that have been taken to prevent soil and slope erosion and to protect drainage structures from sediments.

(4)

It shall be the responsibility of the applicant to maintain adequate security at all times, as determined by the Board, to ensure the completion of the subdivision. If at any time security fails, any unsold lots shall be considered to be under covenant, not to be conveyed or built upon; and the Town shall not issue building permits for such lots in the subdivision. The applicant shall forthwith forward to the Planning Board alternative security acceptable to the Planning Board.

(5)

Prior to the issuance of an occupancy permit, the road providing access to the proposed structure shall be paved with, at a minimum, a binder course of Class 1 bituminous concrete satisfactory to the Town Engineer, and a hydrant shall be in working condition satisfactory to the Fire Chief, within 500 feet of the proposed structure.

(6)

The applicant shall furnish the Planning Board with an itemized breakdown of the estimated construction costs at the time he requests the setting of the security amount and when he requests a reduction in security.

Certificate of approval. The action of the Board in respect to said plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by registered mail to the applicant. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by Board members, but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. In any case, approval of the definitive plan shall not constitute the laying out or acceptance by the Town of any ways within a subdivision.

Recording of plan and documents.

(1)

After the return to the applicant of the definitive plan, as approved and endorsed, the applicant shall cause to be recorded at the Barnstable Registry of Deeds and in the case of registered land, with the recorder of the Land Court, said plan with the following documents listed below, and shall pay all fees and costs related to the registry of the plan and documents:

(a)

The fully executed development agreement, together with the following documents as required:

[1]

Exhibit 1 of Development Agreement, Conditions of Approval of the Subdivision Plan and special permit, if any).

[2]

Exhibit 2 of Development Agreement, Grant of Waivers.

[3]

Form F, Covenant.

[4]

Form O, Performance Security.

[5]

Form 1A, Open Space Restrictions and Easement.

[6]

Deed of open space to homeowners/other homeowners' association documents.

[7]

Form S, when required.

(2)

The original of the recorded Form 1A and the Planning Board covenant, and recorded copies of the development agreement and other documents required by the Planning Board shall be received by the Planning Board office within 30 days of the final endorsement of the definitive plan, or as otherwise extended by the Board. Failure to comply with this requirement shall result in automatic rescission of approval of the subdivision plan. Upon receipt and acceptance by the Board of all the required recorded documents, the Board shall release the recordation deposit.

Revision of definitive plan. No revision or change of the definitive plan can be made without the prior approval of the Planning Board. This includes any revision of any nature whatsoever of the definitive plan. If the applicant desires to make revisions due to field conditions or for any reason whatsoever, the applicant shall submit a print of the definitive plan or plans to be revised with a colored-pencil representation of the proposed changes. The Board will consider such change in the same manner as consideration of the original plan and approve, disapprove or modify the requested change with or without a public hearing as the Board may determine. The change as approved shall then be incorporated on the original definitive plan or a cloth reproduction thereof, and prints shall be filed as required of the original plan. Any request for waivers shall be submitted in accordance with §§ 801-5 and 801-24H(3).

Evidence of satisfactory performance. Before the Board will release the interest of the Town in a performance bond or deposit or, in the case of approval with a covenant, issue a release of covenant:

(1)

As-built plans.

(a)

The applicant shall be responsible for filing with the Planning Board two copies of as-built plans of the ways of the subdivision, clearly marked as such. The as-built plan shall include the profile plan and shall meet the requirements as to format and content as given in Subsections B and C of this section for definitive plans. The as-built plans may be cloth reproductions of the definitive plans. The as-built plans shall represent the as-built conditions of all work and appurtenances constructed as a requirement of the subdivision and shall show all utilities installed as part of the subdivision.

(b)

The as-built plan shall be prepared by a registered professional land surveyor and shall meet the requirements of the Registry of Deeds or the Land Court as applicable depending upon the method of recording. Plans shall conform to the requirements of the Town Engineer and shall be suitable for recording the plan as a taking of the road by the Town. The plan shall include the location of the road layout, pavement, storm drain facilities, drainage easements, concrete bounds, driveways, fences, grades, and all other pertinent physical features within the road layout or drainage easements. A separate reproducible copy shall indicate below grade drainage facilities and utilities.

(c)

A compatible electronic file of the plan shall be submitted in accordance with the file format and coordinate system specifications listed in Appendix A [7] for accurately inputting plan information into the Town's geographic information system.

[7]

Editor's Note: Appendix A is included at the end of this chapter.

(2)

Certified inspection reports. The applicant shall furnish to the Board from the applicant's engineer, certified inspection reports in compliance with Article VIII, to the effect that all work required by these rules and regulations has been completed for each way in the subdivision (or way or ways serving the lots in question), and that the applicant's engineer has approved the methods of construction and the materials used in the performance of such work, at each stage of work.

(3)

Other reports required. The applicant shall obtain and furnish statements to the Planning Board, that all utilities have been installed in compliance with all the requirements of the following agencies:

(a)

From the Chief of the Fire Department a statement that the Chief has approved the installation of the hydrant system for each way in question and that the installation of the fire alarm cable and boxes has been approved by the Fire Chief.

(b)

From the Water Superintendent (if any) a statement that the Superintendent has approved the installation of the public water supply system to the development.

(c)

From the Tree Warden a statement that he has approved the location, size and species of street trees and that they have been planted.

(d)

From the Department of Public Works a statement that they have approved the installation of the sewer system as required by them.

(e)

From all other utilities a statement that they have approved the installation of the utilities as required by them.

Release of performance guarantee.

(1)

Upon the completion of the improvements as shown on the plan and as required herein, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant may request and agree on terms of release with the Board. The applicant shall send by registered mail to the Town Clerk and Planning Board a written statement in duplicate that the said construction or installation in connection with such bond, deposit or covenant has been completed in accordance with the requirements contained in these rules and regulations, such statement to contain the address of the applicant and the subdivision name and number.

(2)

If the Board determines that said improvements have been completed, and these rules and regulations have been complied with, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged, with a copy to the Building Commissioner. If the Board determines that said improvements have not been completed, and/or these rules and regulations have not been complied with, it shall specify in notice sent by certified mail to the applicant and the Town Clerk the details wherein said improvements fail to comply with its rules and regulations.

Reduction of bond or surety. Upon written application of the applicant stating reasons therefor, the penal sum of any such bond, or the amount of any deposit held hereunder may, from time to time, be reduced at the discretion of the Board, and the obligations of the parties thereto released by said Board in part. If release is by reason or covenant, a new plan of the portion to be subject to the covenant may be required.

One-year retainage period to insure adequate work.

(1)

At the time of the Board's release of the bond or the deposit to the person who furnished the same, the Board shall retain an amount not to exceed 10% of the total cost of the improvements to insure adequate construction and installation of the streets and utilities for 12 months, or until the streets are accepted by the Town, whichever comes first. The total cost of improvements shall be calculated by the Board's engineer. If the required improvements were secured by a covenant, at the time of the Board's release of the covenant the applicant shall post surety not to exceed 10% of the cost of improvements to insure adequate construction and installation of the streets and municipal services for the time period specified above.

(2)

Approximately 60 days before the expiration of the 12 months, the Planning Board's engineer shall inspect said streets and municipal services to determine whether or not it should recommend the release of the final 10%.

Time of completion.

(1)

Every applicant shall state in the application and in the development agreement, the time within which the applicant agrees to complete the proposed ways, and to install the drainage system, water pipes, gas pipes and electric lines, and all other utilities as required by the Board. The Board shall decline to approve any plan unless the applicant agrees to complete the ways shown thereon and install the utilities aforesaid within eight years of the date of approval of the application, unless a phased development schedule is approved by the Planning Board and incorporated into the development agreement. For the purposes of this section only, the one-year retainage period to ensure adequate work shall not be included in the eight-year completion time requirement.

(2)

The subdivision shall be completed and the as-built plans submitted within one year from the date of commencement of construction, unless a phased development schedule is approved by the Planning Board and incorporated into the development agreement. Construction is deemed to commence when clearing of vegetation within the proposed road layout begins.

(3)

In the event the work is not completed within the time set forth, or as extended, the subdivision plan approval shall be considered null and void.

Completion of the subdivision. The applicant shall maintain all the roads and utilities in the subdivision until the Planning Board finds that the subdivision is complete and executes Form M, the Certificate of Completion. [8]

[8]

Editor's Note: Form M is included at the end of this chapter.