[Amended 11-3-1994; 8-7-1997]
A. 
Prior to investing in extensive professional design efforts for subdivision plans, it will often prove useful to review the proposed development of a parcel of land with the Planning Board, in order that general approaches and potential problems can be freely explored. Pencil sketches, which need not be professionally prepared, will assist the discussion and might show some but not all of the information shown on a preliminary plan. The Board will not discuss a particular parcel of land without written consent of the landowner(s).
B. 
Pre-application consultations between the applicant and the staff of the Town is recommended. The following rules apply for pre-application consultations:
(1) 
All correspondence must be sent through the Planning Board office or a copy shall be provided to the Planning Board.
(2) 
The Town staff will review applications in an attempt to avoid unnecessary deficiencies in the application and promote efficiency in the formal review and hearing process. Staff may also be requested to review an application for its thoroughness and completeness; however, staff will not be responsible for assuring the accuracy, completeness or thoroughness of any application submitted for review. It is the responsibility of the applicant to assure that the application to be submitted to the Board for its review is thorough, complete and accurate.
A. 
Submission. A preliminary plan of a subdivision may be submitted by the landowner or owner's representative to the Board and to the Board of Health for discussion and approval, modification or disapproval by the Board. The submission of such a preliminary plan shall be made on Form B, Application for Approval of a Preliminary Plan, and will enable the subdivider, the Board, the Board of Health and other municipal agencies and owners of properties abutting the subdivision to discuss and clarify the problems of such subdivision before a definitive plan is prepared. Therefore, it is strongly recommended that a preliminary plan be filed in every case. Three full-size (24 inches by 36 inches) prints and 20 reduced (11 inches by 17 inches) prints of the preliminary plan shall be submitted in accordance with the procedures set forth in § 381-4G, together with filing fees as specified in Part 3, Fees, of this chapter, to cover the costs of processing and review. The applicant shall give written notice to the Town Clerk by delivery or by registered mail that such preliminary plan has been submitted, stating the date of such submission.
[Amended 7-5-2000]
B. 
Contents.
(1) 
The preliminary plan shall be drawn 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) 
The subdivision name, boundaries, North point, date and scale.
(b) 
The name and address of the record owner, applicant and designer, engineer or surveyor.
(c) 
The 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) 
The location, names and present widths of streets bounding, approaching or near the subdivision.
(f) 
Existing topography of the land in a general manner, based upon the most recently published United States Geological Survey map, including contour lines which are shown on the Zoning Map as boundaries of any Conservancy District, and other contours when required by the Board.
(g) 
A proposed system of drainage, including existing natural waterways, in a general manner both within and adjacent to the subdivision.
(h) 
Approximate boundary lines of proposed lots, with approximate areas and dimensions.
(i) 
Estimates of the grades of proposed streets or profiles when required by the Board.
(j) 
Major site features such as existing stone walls, fences, buildings, large trees or wooded areas, rock ridges and outcroppings, swamps and water bodies.
(k) 
A locus map at 1,000 feet to one inch.
(l) 
Any wetland areas and buffer zones subject to protection under the Wetlands Protection Act, MGL C. 131, § 40, and Chapter 215, Wetlands, as may be amended from time to time. The wetland areas shown on the plan shall be consistent with the Conservation Commission's confirmation of the wetlands delineation.
[Amended 7-5-2000; 4-3-2003]
(m) 
A proposed building envelope and line clearly showing the proposed limit of disturbance and specimen trees to be saved.
[Added 7-5-2000]
(n) 
Approximate location of existing structures, including house numbers, within a one-hundred-foot distance of the parcel to be subdivided.
[Added 4-3-2003]
(2) 
The preliminary plan should be accompanied by a statement of existing zoning and any easements, covenants or restrictions applying to the area proposed to be subdivided.
(3) 
During discussion of the preliminary plan the complete information required for the definitive plan (§ 381-8B, Contents) and the financial arrangements (§ 381-8F, Performance guaranty) will be developed.
C. 
Field trip. After the regular Planning Board meeting at which a subdivision plan is first discussed, the Planning Board may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his representative. In order to facilitate field inspection and review of the site of the proposed subdivision, temporary staking will be required along the center line of all proposed roads in the subdivision in time for such field trip or, if impractical, the Planning Board shall permit a suitable alternative procedure.
D. 
Preliminary plan approval.
(1) 
The Board shall, within 45 days, approve such preliminary plan, with or without modifications suggested by it or agreed upon by the person submitting the plan, or disapprove such preliminary plan with its reason therefor. One copy of the preliminary plan shall be returned to the subdivider. Such approval does not constitute approval of a subdivision but does facilitate the procedure in securing final approval of the definitive plan.
(2) 
The Board shall notify the Town Clerk of its action on each preliminary plan in writing within said forty-five-day period.
(3) 
Any plan submitted by a subdivider to the Board which does not conform to the requirements hereof pertaining to a preliminary plan shall not be so designated, nor shall such plan be given approval by the Board.
(4) 
The submission of the preliminary plan for examination by the Board shall not be deemed a submission of a definitive plan of a subdivision of land for approval by the Board under MGL C. 41, § 81L, and the action of the Board on such preliminary plan shall not prejudice its action on the definitive plan.
A. 
Submission.
(1) 
Any person who submits a definitive plan of a subdivision to the Board for approval shall file therewith the following:
(a) 
Three full-size (24 inches by 36 inches) prints of the definitive plan, dark line on white background, and 20 reduced (11 inches by 17 inches) prints of the definitive plan on eleven-by-seventeen-inch paper. Reduced prints will be referred by the Board to other Town officials for review.
[Amended 7-5-2000]
(b) 
Accompanying statements regarding zoning, easements, data on percolation tests and plans, specifications and profiles for water supply, sewerage and drainage as required in Subsection C below.
(c) 
A properly executed application form, designer's certificate and certified list of abutters in accordance with the forms on file with the Planning Board.
(2) 
Every application for approval shall be accompanied by the fees specified in Part 3, Fees, of this chapter. In the event that the Planning Board determines that expert technical opinion is necessary for unusual or special circumstances about a subdivision and its impact, the cost of that expertise shall be paid by the subdivider.
(3) 
The applicant shall file, by delivery or registered mail, written notice with the Town Clerk stating that a definitive plan has been submitted in accordance with MGL C. 41, § 81T, as amended, with the date of submission of the definitive plan, accompanied by a copy of the application. The applicant shall also file with the Board of Health two each of the definitive plan, application form and all accompanying statements and data required in Subsection C.
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. There shall be a one-inch margin for filing purposes left on one twenty-four-inch edge of each sheet. 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 to show details clearly and adequately. Profiles of proposed streets shall be drawn to the same horizontal scale as the plan and with vertical scale 10 times larger, unless otherwise authorized, and either on the same sheet as the plan or on separate tracing cloth of the same dimensions as the plan sheets. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The definitive plan shall contain the following information:
(1) 
A title stating the name of the subdivision, date including all revised dates; scales; and names and addresses of owner, subdivider, designer or engineer, all arranged in a title block in the lower right-hand corner of each sheet comprising the plan. Title of the development shall be approved by the Planning Board prior to submittal of the definitive plan. The name of the primary subdivision street shall be the same as the name of the subdivision. All street names shall be approved by the Town's public safety officials to avoid duplication or confusion with existing street names.
[Amended 4-3-2003]
(a) 
Station numbers should be included in the subtitle when the road and profile plan cannot be included on one sheet. Example: Plan and Profile of Maple Road (Stations 0+00 to 12+58.78).
(b) 
A bar scale shall be provided on all sheets.
(c) 
The sheet number and the total number of sheets is to be lettered in the lower right-hand corner of the title block on each sheet (example: Sheet 2 of 7). All sheets shall have the current revision date for ease of referencing.
(d) 
The official date of the preliminary plan submission shall be noted on the definitive plan.
(e) 
On each plan to be recorded the following statements shall be noted:
[1] 
Where the applicant elects to secure the construction of ways and the installation of municipal services by a covenant, there shall be a notation lettered on the lot layout plan, above the space for signatures, as follows: Approved (date) subject to the provisions set forth in a covenant, executed (date), to be recorded (registered) herewith.
[2] 
In the same space on the remainder of the sheets comprising the plan, there shall be lettered the notation: Approved (date) subject to the provisions set forth in a covenant described on Sheet 1.
(2) 
A locus map at a scale of 1,000 feet to one inch showing the proposed streets in relation to existing streets in the immediate vicinity and a reduced map showing the layout of the lots at a scale of 200 feet to one inch (to be used by the Board of Assessors to update the Town's maps).
(3) 
Location of land.
(a) 
The zoning district or districts in which the subdivision is located. When the subdivision is in more than one district, the boundary line between districts is to be dimensioned on the lot layout plan(s) with adequate information to indicate it was determined in accordance with Chapter 218, Zoning, § 218-9.
(b) 
Where the owner or subdivider also owns or controls unsubdivided land adjacent to or across the street from that shown on the definitive plan, the applicant shall submit a sketch plan showing a possible or prospective street layout and the present drainage, natural and constructed, for such adjacent land, unless such a plan has already been submitted to the Board with a preliminary plan.
(4) 
Boundary lines of bordering adjacent land or of land across an adjoining street from property being subdivided and names of abutters thereof as determined from the most recent local tax list.
(5) 
Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision.
(6) 
Location, direction, names and present widths and grades of streets and public or private ways bounding, approaching or within reasonable proximity of the subdivision.
(7) 
Sufficient data to determine readily the location, direction and length of every street and way line, lot line and boundary line and to establish these lines on the ground. Curve data shall include chord and tangent data.
(8) 
Location and outline of all existing buildings and site features such as existing stone walls, fences, large trees or wooded areas, rock ridges and outcroppings, swamps, floodplain areas, water bodies and watercourses, including depth of water and direction of flow within or adjacent to the proposed subdivision.
(9) 
Existing and proposed topography, with two-foot contours based on mean sea level datum or at a suitable interval as required by the Planning Board, and those contour lines shown on the Zoning Map as bounding any Conservancy District and those contour lines shown on the Federal Emergency Management Agency Flood Insurance Rate Maps or Study as bounding the one-hundred-year floodplain within or immediately adjoining the proposed subdivision.
(10) 
Acreage of each lot and lot lines, bearings and length thereof in conformity with Chapter 218, Zoning, in each case. Each lot in its entirety shall be shown on one sheet of the definitive plan.
[Amended 7-5-2000]
(11) 
Location of existing and proposed monuments, hydrants, public utility facilities, water pipes, fire ponds and wells within the subdivision.
(12) 
Park or open areas suitably located for conservation, playground or recreation purposes within a subdivision, if any.
(13) 
Proposed storm drainage of land, including existing natural waterways and the proposed disposition of water from the proposed subdivision, shall be via adequate natural drainage channels or artificial means of disposal thereof.
[Amended 11-3-1994]
(14) 
Location and purpose of all existing and proposed easements with sufficient data, including lengths, bearings and curve data, necessary to determine their exact location.
(15) 
Location and species of proposed street trees and/or individual trees or wooded areas to be retained within 40 feet of the side lines of each street; planting plans showing the location, size and species of street trees and shrubs to be planted within the right-of-way of the proposed roads and in the center of the culs-de-sac.
[Amended 11-3-1994]
(16) 
Street plans and profiles which must show the percent of grade, radii and length of curves, the point of curvature and the point of tangency of curves.
(17) 
Street plans and profiles which must show, in addition to the proposed center-line grade, present elevations of the center line and both sides of right-of-way at fifty-foot stations, except in vertical curves which shall have proposed center-line grades at every twenty-five-foot station.
(18) 
Certification by a registered land surveyor or registered professional engineer that each lot complies with Chapter 218, Zoning, § 218-22G, Computation of lot area, of the Code of the Town of Groton. The one-hundred-fifty-foot-diameter circle within which there is no area subject to protection under the Wetlands Protection Act, MGL C. 131, § 40, as may be amended from time to time, shall be shown on the plan. The wetland areas shown on the plan shall be consistent with the Conservation Commission's confirmation of the wetlands delineation. All easements, except easements specifically serving the individual dwelling, shall not intersect with the one-hundred-fifty-foot-diameter circle.
[Amended 11-3-1994; 8-7-1997; 7-5-2000]
(19) 
Location of a minimum of two permanent bench marks.
(20) 
Endorsement.
(a) 
A space for the endorsement of the plan by a majority of the members of the Planning Board, as follows:
Approved
__________________
(date)
)
)
)
Being a majority of the Groton Planning Board
)
)
)
)
Endorsed
__________________
(date)
(b) 
No construction shall commence prior to endorsement by the Planning Board and evidence of recording the definitive plan and covenant at the Registry of Deeds is submitted to the Planning Board.
[Amended 5-2-1996; 7-5-2000]
(c) 
On each plan to be recorded the following statements shall be noted:
"I ___________________________ Clerk of the Town of Groton, hereby certify that the notice of approval of this plan by the Planning Board has been received and recorded by this office and no appeal was received during the 20 days after such receipt and recording of said notice."
____________________________
Town Clerk
____________________________
Date
(21) 
Location of existing utilities, underground or overhead, including rim/gate/grate and invert elevations, pole number, size, type and any easements.
(22) 
Location of subsurface test pits and percolation tests as required by the Board. The Board will not normally require more than one pit per four proposed lots, locations to be selected after consultation with the Board of Health and the Conservation Commission. Test pits and percolation tests shall be performed at locations of leaching catch basins and detention basins. Test pits shall be performed during that portion of the year when groundwater is at its highest elevation.
(23) 
Location of required streetlights.
(24) 
A plan of the basic number of lots, as required in Chapter 218, Zoning, of the Code of the Town of Groton, § 218-26A(1),[1] submitted for all plans utilizing the provisions of flexible development.
[1]
Editor's Note: See now § 218-26E.
(25) 
Any wetland areas and buffer zones subject to protection under the Wetlands Protection Act, MGL C. 131, § 40, and Chapter 215, Wetlands, as may be amended from time to time. The wetland areas shown on the plan shall be consistent with the Conservation Commission's confirmation of the wetlands delineation.[2]
[Added 4-3-2003]
[2]
Editor's Note: Former Subsection B(25), concerning planting plans, was repealed 11-3-1994.
(26) 
Bridges, box culverts, deep manholes, retaining walls, headwalls and other special structures designed in accordance with good engineering practice acceptable to the Board and the Town's consulting engineer. Said design shall be provided on the definitive plans and prepared by professional engineer of the appropriate discipline.
(27) 
At culs-de-sac and/or where the pavement is not centered within the right-of-way, the geometry of both the center line of the pavement and the center line of the right-of-way.
(28) 
Location of existing wells, sewage disposal systems, drainage facilities, houses and other structures, including building numbers, within 100 feet of the parcel.
[Amended 4-3-2003]
(29) 
The location of the proposed house, driveway and proposed lot grading shall be shown for each lot within the subdivision. The proposed lot grading shall be shown on the plans so that the proposed stormwater management system can be properly evaluated.
[Added 11-3-1994]
(30) 
A proposed building envelope and line clearly showing the proposed limit of disturbance.
[Added 7-5-2000]
(31) 
Location of specimen trees to be saved.
[Added 7-5-2000]
(32) 
The proposed building numbering system shall be shown on the definitive subdivision plan. Endorsement of said plan by the Planning Board shall constitute the assignment of building numbers to the lots shown on the plan. The building numbering shall follow the numbering system as provided in the Street Naming and Building Numbering Regulations promulgated pursuant to Chapter 119, Buildings, Numbering of.
[Added 4-22-2010]
C. 
Accompanying statements and data.
(1) 
The definitive plan shall be accompanied by 10 copies of written statements on:
(a) 
Existing zoning and any easements, covenants and restrictions applying to the area proposed to be subdivided.
(b) 
Data and proposed arrangements for water supply, sewerage and sewage disposal, including all appurtenances, as required by the Board of Health.
(c) 
Drainage calculations prepared by the applicant's engineer, including design criteria, pre- and postdrainage areas and other information sufficient for the Board to verify the size of any proposed drain, swale, drain field, culvert, bridge or catch basin. Said calculations shall be made separately for each drainage facility, showing its location, the total upstream drainage area, the underlying soil types and the flow paths for the times of concentration, the design runoff, facility size, slope and capacity and the velocity of the water through it.
(d) 
Logs of results of all test pits made with the elevation of spring high groundwater and all percolation test results.
(e) 
The environmental impact of the proposed subdivision to be described according to the following outline:
[1] 
Physical environment.
[a] 
Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, scenic and historical features, stone walls, trees over 24 inches in diameter, trails and open space links and indigenous wildlife.
[b] 
Describe how project will affect these features.
[c] 
Provide a complete physical description of the project and its relationship to the surrounding area.
[2] 
Surface water and soils.
[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 the methods to be used during construction to control erosion and sedimentation (i.e., use of sediment basins and type of mulching, matting or temporary vegetation); describe approximate size and location of land to be cleared at any given time and length of time of exposure, covering of soil stockpiles and other control methods used. Evaluate effectiveness of proposed methods on the site and on the surrounding areas.
[c] 
Describe the permanent methods to be used to control erosion and sedimentation. Include a description of:
[i] 
Any areas subject to flooding or ponding.
[ii] 
Proposed surface drainage system.
[iii] 
Proposed land grading and permanent vegetative cover.
[iv] 
Methods to be used to protect existing vegetation.
[v] 
The relationship of the development to the topography.
[vi] 
Any proposed alterations of shorelines, marshes or seasonal wet areas.
[vii] 
Any existing or proposed flood control or wetland easements.
[viii] 
Estimated increase of peak runoff caused by altered surface conditions and methods to be used to return water to the soils.
[d] 
Describe completely sewage disposal methods. Evaluate impact of disposal methods on surface water, soils and vegetation.
[e] 
Calculate the amount of cut and fill required for site development to determine the amount of excess earth material, if any, to be removed from the site.
[Added 8-7-1997]
[3] 
Subsurface conditions.
[a] 
Describe any limitations on proposed project caused by subsurface soil and water conditions and methods to be used to overcome them.
[b] 
Describe procedures and findings of percolation tests conducted on the site.
[c] 
Evaluate impact of sewage disposal methods on quality of subsurface water.
[4] 
General impact. Summarize briefly environmental impact on entire Town, with supporting data and comments.
(2) 
A copy of the Soil Conservation Service Map, with site perimeter delineated and listing of soil types, shall be submitted.
(3) 
The definitive plan shall be accompanied by 10 copies of a written list of requested waivers, with reasons why those waivers would permit a superior design, that would be in the public interest and not inconsistent with the purpose and intent of the Subdivision Control Law.
[Added 5-2-1996]
(4) 
GIS submission standards. For ANR, subdivision and as-built plans, the applicant shall submit a CD-ROM or DVD containing geographic data in accordance with the Standard for Digital Plan Submittals to Municipalities (Version 1.0) issued by the Office of Geographic and Environmental Information (MassGIS) in 2006, or the most recent edition of this publication. This publication, or any succeeding edition of this publication, is hereby incorporated as part of these regulations. The publication may be accessed via the MassGIS website (http://www.mass.gov/mgis/standards.htm).
[Added 3-22-2007]
D. 
Review.
(1) 
Board of Health as to suitability of the land.
(a) 
The applicant will file with the Board of Health two prints of the proposed 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 lots shown on such plan cannot be used for building sites without injury to the public health or is unsuitable because of drainage conditions, and include such specific findings and reasons therefor in such report and, where possible, shall make recommendations for the adjustment thereof. The extent of soil evaluation shall be determined by the Board of Health. The tests which may be required include deep test holes, percolation tests and test borings, and the number of tests required shall be determined by the Board of Health investigator. The applicant shall provide a working plan suitable for use during a site walk which shall show all traverse points and other site features such as cartpaths and interior stone walls to assist in plan orientation in the field.
(b) 
Notwithstanding the above, a permit to construct an individual subsurface absorption area for sewage 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 inscribed on the definitive plan as follows: "No building or structure shall be built or placed on any lot without a permit from the Board of Health."
(2) 
Other Town officials.
(a) 
Before approval of the 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, and for the facilities, below:
[1] 
The planning consultant or engineer designated by the Board as to the design of the street system, location of easements and design of the sewerage, water and drainage systems, including appurtenances.
[2] 
The Tree Warden, as to location, size and species of street trees.
[3] 
The Fire Department for location of hydrants and other required fire-fighting appurtenances.
[4] 
The Wastewater Committee as to the layout and extent of sewer design or the lack thereof.
[5] 
The Town of Groton Water Department or West Groton Water Supply District as to layout and extent of the water distribution system or the lack thereof.
[6] 
Any other appropriate Town official.
(b) 
The Board may require the applicant to obtain the written statements for Subsection D(2)(a)[2] through [6] above.
(3) 
Public hearing. Before approval, modification or disapproval of the definitive plan is given, a public hearing shall be held by the Board. Notice of such hearing shall be given by an official publication of the Town or in a newspaper of general circulation in the Town, once in each of two successive weeks, the first publication being not less than 14 days before the day of such public hearing. A copy of said notice shall be mailed to the applicant and to all owners of land submitted on Form D, Certified List of Abutters.
E. 
Performance guaranty. Before endorsement of approval of a definitive plan, the Board will require provision for the completion of construction of ways and the installation of municipal services in accordance with the rules and regulations of the Board. The subdivider shall file any executed easements required in § 381-14, Easements, and any executed covenants and restrictions necessary to secure the permanent legal existence of open land required in Chapter 218, Zoning, § 218-26, Open space residential development, before the Planning Board releases any lot to be built upon or conveyed other than by mortgage deed. The construction of ways and installation of municipal services within the period required by the Board shall be secured by one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the applicant:
[Amended 1-7-1993]
(1) 
Final approval with bonds or surety.
(a) 
The subdivider shall either file a performance bond or a deposit of money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Article IV not covered by a covenant under Subsection E(2) hereof. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Treasurer and shall be contingent on the completion of such improvements within two years of the date of the bond.
(b) 
Cost estimates for required work. If the applicant elects to file a performance bond rather than to secure the performance of the construction of ways and the installation of municipal services for lots shown on the subdivision plan, as hereinafter provided, the Board's agent shall prepare estimates of the cost of performing the various items of required work based on the current edition of the Means Catalog with 15% for contingencies and with an adjustment for two years' inflation incorporated in the bond estimate. Bond estimates shall include all provisions for construction and installation of drains, gas, sewer, electric, telephone, cable television, water and any other utility. These estimates will be used by the Board to determine the necessary total sum of the performance bond. The performance bond shall be annually updated to current prices.
[Amended 11-3-1994; 5-2-1996]
(c) 
The bond or security must be filed or deposited by the fee simple owner of the entire parcel of land shown on the subdivision plan or of the subdivision road(s) and all lots not previously released by the Planning Board.
[Added 7-5-2000]
(2) 
Final approval with covenant. The subdivider shall file a covenant acceptable to the Board, executed and duly recorded by the owner of record, running with the land, whereby conditions specified in the certificate of approval are met, and such ways and services as specified in Article IV shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board.
[Amended 7-5-2000]
F. 
Endorsement and recording.
(1) 
Certificate of approval.
(a) 
The action of the Board in respect to any definitive 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. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its action. The conditions of approval of the definitive plan including any waivers of this chapter granted by the Board and the conditions of any special permits or variances shall be printed on a recordable sheet of the approved definitive plan and shall be reviewed and approved by the Board prior to endorsement. The sheet containing said conditions and waivers shall be subsequently recorded as part of the definitive set. 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 action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed.
[Amended 5-2-1996]
(b) 
Final approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.
(2) 
Copies to be recorded.
(a) 
Within 30 days after the return of an approved plan, the applicant shall cause to be recorded in the Middlesex 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 or agreements, if any. Following plan approval, endorsement and recording, the applicant shall provide the Board with one polyester film reproducible, 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 transmitted to the Inspector of Buildings and the Highway Surveyor by the Planning Board. Clearing and grubbing operations cannot commence until the Board has received evidence that the applicant has recorded the approved definitive plan and accompanying covenants or agreements, if any, at the Registry of Deeds.
[Amended 5-2-1996]
(b) 
Failure to comply with the procedural and other requirements of these rules and regulations may result in rescission of the approval given hereunder by the Board.
G. 
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 covenant, issue a release of covenant), the applicant shall:
(1) 
File with the Board a certified copy of the layout plan of each street in the subdivision as built (or, in the case of approval with covenant, of the street or street serving the lots for which a release is desired). Certification shall be by a registered professional engineer or registered land surveyor and shall indicate that streets, including all lot bounds, storm drains, sewers, water mains, utilities and their appurtenances, have been constructed in accordance with said plan and are accurately located as shown thereon. The registered professional engineer or registered land surveyor shall also certify that the grades of all the lots have been established as shown on the grading plan and that said grades have been established so as not to create adverse drainage patterns onto adjoining lots or streets. The as-built plan shall be a street acceptance plan prepared in conformity with the rules and regulations of the Register of Deeds of the Commonwealth of Massachusetts. The as-built plan shall conform to the requirements of the Groton Electric Light Department, Sewer Department and Water Department.
[Amended 11-3-1994]
(2) 
Obtain and submit to the Board written evidence that the required improvements have been completed to the satisfaction of the official, and for the facilities listed below:
(a) 
The planting of any required street trees (by the Tree Warden).
(b) 
The placing of monuments and construction of all other required improvements and the performance of all other required work (by the Board or its designated agent).
(c) 
The streets and drainage in accordance with the approved definitive plan (by the Board or its designated agent).
(d) 
The underground wiring, water mains, sanitary sewers, storm sewers, hydrants, fire ponds and fire alarms in accordance with the approved definitive plan (by the Board, its designated agent and/or the appropriate department official). The as-built plan shall conform to the requirements of the Fire Chief, Groton Electric Light Department, the Highway Surveyor, Sewer Department and Water Department.
[Amended 11-3-1994; 4-3-2003]
(e) 
The exposure of the improvements to one complete winter environment (December 1 to April 30) without damage or, if damage has incurred, it has been repaired to the satisfaction of the Board. The roads have been properly maintained and plowed at the developer's expense to provide safe and adequate access to all occupied structures.
[Amended 7-5-2000]
H. 
Release of performance guaranty.
(1) 
Upon completion of the improvements required under Article IV security for the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the Town Clerk a written statement in duplicate that said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with the requirements of Article IV, such statement to contain the address of the applicant, and said Clerk shall forthwith furnish a copy of said statement to the Board. If the Board determines that said construction or installation has been completed, 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 issue a release of covenant in a form for recording. 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 and installation fail to comply with the requirements of Article IV, and, upon failure to so specify 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, any deposit shall be returned and any such covenant shall become void. In the event that said forty-five-day period expires without such specification, or without the release and return of the bond or the return of the deposit or release of the covenant as aforesaid, said Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.
(2) 
The Board will release from such covenants only those lots for which installation of ways and services has been completed in accordance with the rules and regulations set forth herein. Form J, Release of Covenant, may be submitted when applying for release of a lot from a covenant.
[Added 5-15-2003]
A. 
Purpose. The purpose of this section is to preserve scenic vistas now available on Groton's roads, minimize the number of driveway cuts onto scenic roads, reduce the amount of mature trees removed during the development process, and maintain Groton's rural character. This section provides an option for the development of a parcel of land under an alternative design, called a "residential compound," where and only where the Board determines that such residential compound will promote development of the parcel to promote these objectives.
B. 
Procedures. A residential compound plan shall be treated as a definitive plan for the purposes of the Subdivision Control Law. Because the residential compound plan contains various waivers from the otherwise applicable rules and regulations of the Planning Board, the approval of a residential compound is within the informed discretion of the Board pursuant to MGL C. 41, § 81R. Denial by the Board of a request to submit an application for a residential compound, or denial of an application for a residential compound, shall not be construed as denial of the right to subdivide the property, and the applicant shall retain all rights to submit a definitive plan pursuant to MGL C. 41, § 81U, and these rules and regulations. Applicants are advised to see § 218-20 of the Zoning Bylaw for provisions regarding reduced lot frontage within a residential compound.
C. 
Eligibility.
(1) 
Applicants may request that a proposal be handled as a residential compound plan (RCP). Prior to investing in extensive professional design costs for preparation of a RCP, 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 required herein.
(2) 
To qualify for consideration as a RCP, the subdivision must satisfy all of the following conditions; provided, however, that satisfaction of the following conditions shall only result in rendering the plan eligible for further consideration by the Board pursuant to this section and does not guarantee approval.
(a) 
The RCP must create at least two but not more than eight lots and have a minimum of 400 feet of frontage on an existing public way.
(b) 
All lots created by the RCP shall have ingress and egress to a common private way.
(c) 
Each lot shall have at least 50 feet of frontage on the common private way and shall contain 150% of the minimum area requirement for the district in which it is located.
(d) 
The common private way shall extend from a public way and shall end in a cul-de-sac, as described below.
(e) 
Not more than one RCP subdivision shall be created from a property, or a set of contiguous properties held in common ownership as of May 15, 2003. Documentation to this effect shall be submitted to the Planning Board along with the application for RCP approval.
(f) 
A buffer zone of at least 150 feet in width of indigenous vegetation shall separate any structures in the development from any adjacent public way. No vegetation shall be removed from this buffer zone after the development of the residential compound, nor shall any building, structure, or wastewater disposal system be placed therein.
D. 
Criteria for Planning Board approval. The Planning Board may approve an RCP subdivision upon a determination that the RCP, as compared to an orthodox subdivision of the same parcel, is likely to:
(1) 
Reduce the number of lots having egress onto existing public ways;
(2) 
Reduce the number of lots having frontage on existing public ways;
(3) 
Reduce cut and fill in road construction and subdivision development;
(4) 
Promote public safety and welfare, particularly with regard to traffic and pedestrian safety;
(5) 
Be constructed in a manner which will minimize the visual impact of the development of the subject parcel of land as viewed from the public way providing access to the RCP subdivision, or from adjacent properties; or
(6) 
Produce less irregularly shaped or contorted lot configurations.
E. 
Application.
(1) 
In order to facilitate application for an RCP, the applicant shall submit a plan containing the following information, in a format acceptable to the Registry of Deeds and the Planning Board:
(a) 
Center line profile of proposed common private way;
(b) 
Location of any wetlands;
(c) 
Proposed drainage;
(d) 
Proposed utilities and road construction design;
(e) 
Proposed lot lines and building sites;
(f) 
Location of the one-hundred-fifty-foot buffer between the RCP building envelope(s) and adjacent public way(s);
(g) 
Names of abutters from the latest available Assessor's records.
(2) 
Such plan shall be prepared by a registered professional engineer, land surveyor, architect, or landscape architect, unless this requirement is waived by the Planning Board. The Planning Board reserves the right to request any information not set forth above but otherwise required for the submittal of a definitive plan.
F. 
Conditions. Any plan approved as an RCP must contain or refer to recorded covenants regarding each of the following;
(1) 
The common private way shall remain permanently a private way, which shall not be extended.
(2) 
The common private way shall not be connected to any other way except where it originates on a public way.
(3) 
All lots created by the RCP shall obtain access exclusively from the common private way and not the public way serving the locus.
(4) 
Ownership of any lot shown on the RCP shall constitute membership in a homeowners' association responsible for all liability, maintenance and snow removal from the common private way. This condition shall be placed in the deed to each lot. The documents establishing the homeowners' association and all deeds shall be approved as to form by the Planning Board's legal counsel prior to execution.
(5) 
The common private way shall be conveyed to the homeowners' association which shall permanently retain all rights in the common private way.
(6) 
The common private way does not meet the standards of the Town for acceptance for new ways and shall not be proposed for such acceptance.
(7) 
Owners of lots in the RCP shall be subject to betterments for common private way repairs and improvements, even though the common private way shall not be accepted by the Town.
(8) 
The homeowners' association shall indemnify, hold harmless and release the Town from liability for any damages resulting from an action brought by a third party or the association in any court due to the repair, use, or maintenance of the common private way.
G. 
Common private ways. Common private ways shall have:
(1) 
A staging area shall be provided to promote ease of access from the common private way to the abutting public way, and to minimize the discharge of water and sediment from the common private way onto the abutting public way. The staging area shall be at least 40 feet in length from the pavement on the public way, with a minimum width of 20 feet of pavement in accordance with the Subdivision Regulations, and sloped not more than six-percent grade for the 40 feet it extends from the pavement on the public way;
(2) 
A center-line intersection with the street center line of not less than 60°;
(3) 
A roadway surface, on that portion of the common private way extending beyond the staging area, of a minimum of eight inches of graded gravel, placed over a properly prepared base, graded and compacted to drain from the crown, where appropriate; provided, however, that the applicant may seek a waiver of this provision upon a demonstration that alternative construction standards meet the access and safety standards of this provision;
(4) 
Proper drainage appurtenances, where required, to prevent washout and excessive erosion, with particular attention to the staging area, so that water draining onto the street surface from the staging area is eliminated to the maximum extent feasible;
(5) 
A roadway surface, on that portion of the common private way extending beyond the staging area, with a minimum width of 16 feet for its entire length, with pullovers incorporated as may be required by the Board, and a minimum right-of-way width of 30 feet for its entire length;
(6) 
A turnaround or cul-de-sac of not less than 30 feet in depth and 40 feet in width provided at the end of the common private way;
(7) 
A buffer zone of not less than 30 feet in width of indigenous vegetation separating the common private way from any preexisting residential lot line.
H. 
Decision. The Planning Board shall render a decision regarding a RCP in accordance with the provisions of MGL C. 41, §§ 81U and 81R, and Subsection C herein. The Planning Board may grant a waiver from these requirements in granting any approval.