Town of Wakefield, MA Procedure for Submission and Approval of Preliminary and Definitive Plans

A preliminary plan, showing the proposed subdivision in a general way, submitted by the applicant for discussion and approval by the Board, enables the applicant, the Board and other Town agencies to discuss and clarify the problems of such subdivision before a definitive plan is prepared. Although not required, it is recommended that a preliminary plan be filed in every case.

It is recommended but not required that the applicant or his engineer submit the preliminary plan to the Town Engineer for his review prior to submission to the Planning Board.

Filing procedure.

Application for preliminary approval shall be made on Form B[1] to the Board, accompanied by seven copies of the preliminary plan and a .pdf format electronic file of and plan and application, prepared as prescribed in Subsection C.

[Amended 9-11-2007]

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

The preliminary plan shall be accompanied by a filing fee in accordance with Article II. Such fee shall be used to partially defray the cost of processing and reviewing the preliminary plan.

The preliminary plan shall not be deemed to have been submitted to the Board until the application, seven copies of the plan and filing fee have been delivered to the Planning Board, and are fully completed in accordance with these rules and regulations.

The applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission for such approval of a preliminary plan to the Planning Board, and accompanied by a copy of the completed Form B application.

Form and contents. The preliminary plan shall be drawn on tracing paper with pencil at a scale acceptable to the Board, and shall show:

Subdivision name, boundaries, North point, date, scale, legend, locus plan, and the title "Preliminary Plan."

Name of record owner and subdivider and the stamp of a registered professional engineer and/or land surveyor as required by the provision of Chapter 112 of the General Laws.

Names of all abutters, as determined from the most recent local tax list, including map and lot numbers as shown on the Wakefield Assessor's plans.

Existing and proposed lines of streets, ways, easements, and any public area within the subdivision.

(5)

The location, size and elevations of all existing and proposed utilities within and adjacent to the proposed subdivision.

(6)

Boundary lines of all proposed lots, with approximate area and dimensions.

(7)

Location, names, and present pavement and layout widths of all adjacent streets and rights-of-way.

(8)

Topography, with two-foot contour intervals, using the NAVD88 as a reference datum.

(9)

Profiles of proposed streets showing existing and proposed grades along the center lines.

(10)

The location of the top and toe of proposed slopes adjacent to the proposed roadways.

(11)

In areas considered in the opinion of the Board to be swampy, or areas wherein the natural groundwater table is known to be high, or in areas subject to intermittent flooding, the cellar floor elevations of existing and proposed structures shall be established and shown on the plans.

(12)

When, in the opinion of the Board, existing soil conditions are unsuitable for the construction of roadways or building thereon, punchings or other means suitable to the Board to determine the depth of the unsuitable material shall be taken and the location of hard bottom shall be shown on the profiles.

(13)

Where sewer is not available, percolation tests may be required as directed by the Board. Two copies of a report showing the location and results of the tests are to be submitted to the Board before approval of the preliminary plan. Tests are to be conducted as required by 310 CMR 15.00 (Title V).

Approval or disapproval.

The Board may approve the preliminary plan, with or without modification, or it may disapprove said plan, stating the reason for its disapproval in accordance with MGL c. 41, § 81-u. One copy of the plan shall be returned to the applicant. Approval, if given, does not constitute approval of a subdivision, but does facilitate the procedure in securing final approval of the definitive plan.

Planning Board shall act on the preliminary plan within 45 days of the date of submission. Any plan submitted to the Board in advance of a definitive plan which does not conform to the minimum requirements pertaining to a preliminary plan specified in MGL c. 41, § 81-L, shall not be so designated, nor shall such plan be given approval by the Board.

§ 320-10 Definitive plan.

Submission.

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

(a)

Seventeen copies of the definitive plan set and drawing files in .pdf and CAD formats compatible with the Town of Wakefield's CAD systems and 17 copies of the application and any drainage, traffic or other documents and .pdf files of same.

[Amended 9-11-2007]

(b)

A filing fee in accordance with Article II.

(c)

A properly executed application on Form C,[1] and designer's certificate on Form D.[2]

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

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

(d)

A reproduction of the work plan showing traverse lines, all traverse data and other information pertinent to the design.

(e)

Copies of the legal notice of the public hearing, which must be advertised in a newspaper of general circulation in the Town of Wakefield at least 14 days, and then again seven days, prior to the public hearing. The legal notices must be paid for by the applicant and submitted to the newspaper on the Form O provided in these rules and regulations.[3] Before the legal notice is submitted for publication, the Planning Board or its designee must approve the notice.

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

(f)

A certified (by the Assessors) abutters list with stamped, addressed envelopes of each of the abutters.

(g)

A copy of any variance or exception made by the Zoning Board of Appeals applicable to the subdivision of the land or any buildings thereon.

(h)

A statement signed by a registered land surveyor stating that the relative error of closure is not greater than one to 12,000.

(i)

For any definitive plan involving the creation of 10 or more lots, 12 copies of a traffic impact report, prepared by a traffic engineering consultant approved by the Planning Board. Such traffic impact report shall include, at minimum, the following information:

The average daily traffic (ADT) to be generated by the project.

The ADT counts of all streets designated by the Planning Board. If there are significant seasonal variations in traffic flow, ADT counts taken during the peak season shall be included.

Morning, mid-day, and afternoon peak traffic counts of all streets designated by the Planning Board.

An analysis of the adequacy of the existing street system to provide safe and convenient access to the proposed subdivision. If system deficiencies are detected, recommendations for their improvement, along with cost estimates, should be included.

(j)

Documented evidence of provision for ownership and maintenance of open space shown on the definitive plan.

(k)

Estimates of the cost of performing the various items or required work shall be furnished on a separate sheet for consideration in determining the amount of bond to be furnished if a performance bond is to be filed (see § 320-11B). The estimates shall include unit costs and quantities, and be submitted in a form acceptable to the Planning Board.

(l)

If the applicant seeks a waiver of strict compliance with these rules and regulations, a description of such waiver request(s) as specified in § 320-30.

The definitive plan shall not be deemed to have been submitted to the Board until it and all the items required in the foregoing Subsection A(1)(a) to (l), inclusive, have been delivered to the Board at a regular or special meeting thereof, and accepted in writing by the Board as complying with the requirements of these rules and regulations.

Notice to Town Clerk. As required by statute, the applicant shall give written notice to the Town Clerk by delivery or by registered mail, postage prepaid, that he has submitted the definitive plan to the Board. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the name and address of the owner and of the subdivider and the date when such plan was submitted. Proof of said notice shall be submitted to the Board.

Form and contents.

[Amended 8-24-2004]

The definitive plan shall be prepared by a registered professional engineer and registered professional land surveyor, as required by law. The plan shall be submitted on D-size sheets (24 inches by 36 inches) at a horizontal scale of one inch to 40 feet (1" = 40') and vertical scale of one inch to four feet (1" = 4'), unless the Board approves another scale as more convenient.

NOTE: All the information listed below shall also be submitted on a computer disk in CAD format compatible with the Town of Wakefield's CAD systems and digital basemap, at least five business days before the Planning Board endorses the final plans. The applicant and the applicant's engineer shall sign a statement on the plans that the definitive plans are public documents and the Town of Wakefield may provide copies of the plans to subsequent owners, utility companies and contractors working on the land.

The Definitive Plan submission shall contain the following information:

(a)

General information. Each sheet of the plans shall have the following general information, which shall appear on each sheet:

Title block containing the name and section designation, if any, of the proposed development.

The name, address, phone number, fax number and email address of the applicant, and the property owner if not the same.

The name, address, phone and fax numbers, email address and manually signed and dated imprint of the Massachusetts professional registration stamp of the landscape architect, engineer, or land surveyor responsible for the preparation of each sheet./

If known at the time, the name, address, phone number, fax number and email address of the contractor who will work within the right-of-way or perform utility connections and/or installations.

It is the responsibility of the applicant to provide the Board with current contact information for the developer, engineer(s), landscape architect, surveyor and contractor. If contact information changes during the course of the project the Board shall be notified immediately.

[6]

A title for each sheet and a number for each sheet, with sheets consecutively numbered.

[7]

On each sheet, note all references and sources significant to the preparation of the document, including but not limited to, deeds, registered plans of land, board of survey, record utility plans, and all other pertinent sources of information.

[8]

The scale and graphic bar scale, and a north arrow (pointing upward to the top of sheet), the direction of which shall be the same for all sheets.

[9]

A legend denoting any traffic and pedestrian signs, abbreviations, linetypes and symbols used on the plan and not otherwise explained in the definitive plan set.

[10]

Construction notes on each sheet, specific to each discipline, that describes the proposed construction methods for the project.

[11]

A proposed "limit-of-work" line outside of which no land or natural features will be disturbed or trespassed upon.

[12]

All plans shall be drafted in a correct, readable and professional manner in a format compatible with the Town of Wakefield's CAD system and digital basemap.

[13]

All plans shall utilize the horizontal datum of the Massachusetts State Plane Coordinate System NAD83 and the NAVD88 vertical datum. All measurements shall be in feet (rounded to the nearest hundredth).

[14]

The datum shall be clearly stated on the plans. Control monuments on which the survey and plans are based shall be shown and must be referenced to either the National Geodetic Survey (NGS) to the State of Massachusetts and have an accuracy of at least Second Order, as defined by NGS.

[15]

The date of original preparation and the date of any subsequent revisions, with the revisions noted.

[16]

Space with five signature lines for endorsement by the Planning Board, with room for the signature of each of the five members, and the date of the endorsement below the signatures.

[17]

Space for the Town Clerk's certificate of no appeal and the date of that certification below the space for the Clerk's signature.

(b)

Specific information. The following information shall be shown on the plans identified below:

Existing conditions and demolition plan, to be certified by a registered Massachusetts professional civil engineer, and showing:

All requirements listed in General Information, § 320-10C(2)(a).

Existing contours at two-foot intervals with clearly labeled intermediate and index contours designated.

Existing spot elevations on a fifty-foot grid.

The location of all existing planimetric features or all features visible above ground that are to remain, be abandoned or removed, including but not limited to, building outlines, granite street monuments, edges of pavement and concrete, curbing, berms, gutters, painted and curbed islands, pavement markings, directional signage, retaining walls, sidewalks, ramps and fences.

Steep slopes (15% or greater) highlighted.

Surficial soil types delineated by Soil Conservation Service classification.

Rock outcroppings, with visible area greater than 100 square feet.

Location, caliper and species of all existing trees within the proposed subdivision with trunks over eight inches in diameter measured four feet from the ground surface (clearly delineate trees that will be removed).

All regulated resource areas as indicated in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40) and defined in 310 CMR 10.00, including, but not limited to, lakes, ponds, streams, wetlands, floodway, floodplains, riverfront and buffer zones.

Structures listed on the National Registry of Historical Places (as amended from time to time) on or adjacent to the site.

Context plan to be certified by a registered Massachusetts professional civil engineer, and showing all land within 500 feet of any part of the development tract that is the subject of the application and showing:

All requirements listed in General Information, § 320-10C(2)(a).

Outline of existing dwellings and principal buildings.

The existing land use of each lot and names of all abutters, as determined from the most recent local tax list, including map and lot numbers as shown on the Wakefield Assessor's plans.

All lot and right-of-way lines, in a general manner.

Existing contours at two-foot intervals with clearly labeled intermediate and index contours designated.

Principal natural features, as described in the existing conditions and demolition plan, but shown more generally.

Zoning district boundaries.

The location of recorded and proposed easements within or abutting the project site, and/or other property rights affecting the development.

Public facilities or property, such as conservation or recreation land, footpaths, bicycle paths, or streets.

Cross sections showing elevations of the lots to be developed and those on adjacent properties.

Property rights and dimensional standards plan, to be certified by a registered Massachusetts professional land surveyor, showing, where applicable:

All requirements listed in General Information § 320-10C(2)(a).

The length of each straight property line segment to the nearest one hundredth of a foot and the bearing thereof to the nearest five seconds.

The length, central angle, radius, length of tangent for each curved property line segment to the same degree of precision as the straight lines and clearly identifying each non-tangent curve.

Requirements for stopping and intersection sight distance shall be in conformance with the current addition of A Policy on Geometric Design of Highways and Streets published by the American Association of State Highway and Transportation Officials (AASHTO). Adequate intersection sight distance shall be solely within land under control of the applicant. The applicant may present appropriate easements from adjacent property owners.

The location of recorded and proposed easements within or abutting the project site, and/or other property rights affecting the development.

The location of any sections of the land to which the Town would be granted property rights, either by easement or transfer of ownership, for street, utility, conservation, recreation or other public purposes.

The proposed division of property into parcels in private ownership with lot areas clearly listed.

The proposed yard setback in feet for buildings and, if applicable, from a zoning district boundary, a brook or a pond, and, if applicable, the setback of a driveway or parking lot from lot lines.

Table of the upland areas for each lot and the upland area delineated on each lot as defined by the Wakefield Zoning Code.

Table of the coefficients of regularity for each lot as defined by the Wakefield Zoning Code.

The proposed boundaries and areas of any common open space or usable open space.

[l]

Proposed bounds, markers and/or monuments.

[m]

If applicable, a metes and bounds description.

[n]

If applicable, zoning district boundary lines and the Town boundary line.

[o]

Boundary lines, areas, and dimensions of all proposed lots with all lots designated numerically and in sequence. Lots not conforming to the Zoning Bylaws shall bear the following notation: "Lot # _____ shall not be used as a separate building lot."

Site construction plan to be certified by a registered Massachusetts professional civil engineer and show:

All requirements listed in General Information, § 320-10C(2)(a).

Clearly identify at least two benchmarks being permanent stone bounds or accepted equivalent that are outside the construction area.

The location of existing and proposed buildings.

All lot and right-of-way lines and easements.

All regulated resource areas as indicated in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40) and defined in 310 CMR 10.00, including, but not limited to lakes, ponds, streams, wetlands, floodway, floodplains, riverfront and buffer zones.

The location and dimensions of all existing and proposed planimetric features or all features visible above ground, including but not limited to, building locations, granite street monuments, edge of pavement, curbing, berms, gutters, painted and curbed islands, retaining walls, sidewalks, ramps, fences, landscaping and number of parking spaces (including individual rows and overall count).

The proposed location and dimensions of roadways, and if applicable, drives and parking areas, curb cuts, and driveway aprons.

Typical dimensions (i.e., setbacks, road width, road lanes, parking spaces, radii, etc.).

Road centerline stations designated at fifty-foot intervals and labeled at 100-foot intervals.

The location, area and characteristics of any proposed common open space or usable open space.

All existing and proposed utilities located at ground level such as, grates, manhole covers, and boxes. (No subsurface utilities to be shown on this plan.)

[l]

Proposed location of tree pits (four feet to five feet in diameter) for the planting of street trees. Tree planting details are to be shown on a separate sheet - see Subsection C(2)(b)[7] below.

[m]

Finished floor elevations and cellar floor elevations of existing and proposed structures.

[n]

All protected areas defined in the Wakefield Zoning Code and all protected areas proposed to be excavated, filled, or otherwise graded.

Utility plan and profile to be certified by a registered Massachusetts professional civil engineer; the profile shall match the plan and be located either above or below it for ease in locating corresponding points and show:

All requirements listed in General Information, § 320-10C(2)(a).

Accurately show the location of all proposed pits for street trees. The pits will be four feet to five feet in diameter.

The location and size of all existing and proposed utilities to be constructed on site, including but not limited to, sanitary sewer, stormwater drain, potable water, telephone, electric, cable, gas, hand-holes, streetlights, fire alarms, water gates, fire hydrants, catch basins, manholes, cleanouts, siphons and other appurtenances identifying the material, class or strength, length and size of the utilities, and the slope for each section thereof in percent. Note: The plans must be prepared using line types and weights, that are easily distinguished when copied in black and white. Before submitting this plan, the applicant's engineer should test print the plan in black and white to verify the various utilities are distinguishable and clearly legible. A legend is required.

All existing and proposed utility structures to show rim elevations and all pipe invert elevations, with each structure and pipe invert to have a unique identifier.

All proposed connections to the Town's utilities, and any special features, including, but not limited to, pipe lines, culverts or pumping stations, that might affect the ability of the Town to service the development.

The location of existing and proposed planimetric features or features visible above ground, including but not limited to, building locations, granite street monuments, edge of pavement, curbing, berms, gutters, islands, retaining walls, sidewalks, ramps, and fences.

In plan and profile, road centerline stations designated at fifty-foot intervals and labeled at 100-foot intervals.

Separate profiles for gutters on either side of the roadway showing existing and proposed elevations, using roadway centerline stationing designated at fifty-foot intervals and labeled at 100-foot intervals. The gutter line profiles shall be shown on the same drawing as the centerline profile, if possible.

The grade of the principal segments of the proposed street, showing the location of vertical curves and corresponding data.

Ledge and soil profiles, if available, or location and logs of test pits, borings or other subsurface investigations.

Section and elevation (facade) drawings are required of all drainage structures and all walls at a scale of 1" to 40' (one inch to 40 feet) or larger. The bottom footing elevation of drainge tanks and/or structures and walls and the top surfaces (including any fill material to be added on top of the structure) are to be shown in relation to the elevation (height) of the center line of existing and proposed roadways, the base of gutter and top of curb.

[Added 5-13-2008]

[6]

Grading plan to be prepared by a registered Massachusetts professional civil engineer and show:

All requirements listed in General Information, § 320-10C(2)(a).

Accurately show the location of all proposed pits for street trees. The pits will be four feet to five feet in diameter. If grading is planned within the drip line of existing tree canopies that are to be maintained, provide spot elevations of the existing and proposed grade at the drip line.

Existing and proposed contours at two-foot intervals, clearly labeled and with intermediate and index contours designated.

Elevations at top and bottom of features such as curbing and retaining walls.

Spot elevations for features such as swales, ponds, and basins.

Finished floor elevations and cellar floor elevations of existing and proposed structures.

If applicable, the grading plan shall also provide reasons for excessive fill or excavation (cut or fill greater than five feet) and cross sections of excavation or fill areas, with cut and fill calculations.

Existing and proposed spot elevations shown at any critical locations impacting sight distances.

All existing and proposed utilities visible at ground level, including but not limited to, grates, manhole covers, and boxes. (No subsurface utilities to be shown on this plan.)

[Added 12-14-2004]

[7]

Tree planting plan, to be certified by a registered Massachusetts professional landscape architect and show:

Proposed location of street trees and other proposed landscaping, noting the quantity, species, caliper, size of root ball and planting method. The planting details are to be shown on the detail sheet. NOTE: The Appendix includes a standard tree planting detail drawing.

Location, caliper and species of all existing trees with the subdivision with trunks over eight inches in diameter measured four feet from the ground surface. Clearly delineate trees that will be removed.

Using a shaded line type, lightly show all existing and proposed utilities, including subsurface utilities and structures.

[8]

Erosion and sediment control plan to be prepared by a registered Massachusetts professional civil engineer and show:

All requirements listed in General Information, § 320-10C(2)(a).

On-site drainage patterns and erosion and siltation controls both during and after construction phases.

Areas of soil disturbance.

Location, detail drawing, and specifications of controls used during construction to divert stormwater and to mitigate/eliminate sediments, contaminants, or pollutants. To be installed in accordance with, as updated from time to time, the "Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas, A Guide for Planners, Designers and Municipal Officials," prepared by Franklin, Hampden, Hampshire Conservation Districts dated March 1997.

Drainage patterns and slopes anticipated after major grading activities are completed (all slopes should indicate grading ration and flow direction).

Areas used for temporary storage (including measures to minimize run-on and migration).

Soil.

Materials storage.

Waste storage (hazardous, non-hazardous, dry, saturated).

Vehicle and equipment service and storage areas.

Location, detail drawings, and specifications for post-construction stormwater management practices, including but not limited to:

Landscaped areas and areas of hydro-seeding.

Drainage structures (open and closed).

Detention/retention/infiltration ponds or underground chambers.

[iv]

Water quality inlets or gross particle separators.

[v]

Catch basin hoods or oil/water separators.

[vi]

Other pollutant-removing structural and non-structural Best Management Practices (BMPs).

Narrative description (erosion and sediment control practices):

General practices and timing of implementation to match construction sequence;

Soil stabilization;

Practices to reduce tracking sediment onto private/public roads;

[iv]

Wind erosion control:

[A]

Dust control.

[B]

Sweeping.

[v]

Practices to minimize contact with stormwater.

[A]

Construction vehicles and equipment.

{1}	Maintenance.
{2}	Fueling.
{3}	Washing.

[B]

Materials.

{1}	List of materials to be delivered and stored;
{2}	Describe methods to minimize amounts of materials stored on site;
{3}	Describe methods for secondary containment;
{4}	Describe chemical storage methods;

All existing and proposed utilities visible at ground level, including but not limited to, grates, manhole covers, and boxes. (No subsurface utilities to be shown on this plan.)

[Added 12-14-2004]

[9]

Detail plan(s).

All requirements listed in General Information, § 320-10C(2)(a).

Each detail shall be numbered and cross-referenced with the plan where the detail is utilized.

(c)

Supplemental information. The following information shall be included in the studies, analyses, tests or tabulations identified below:

Table of development data showing, if applicable:

Total land area;

Parcel areas;

Coefficients of regularity;

Upland areas;

Area in vegetated wetland;

Developable site area;

Length of street and area within street right-of-way;

Area in common or usable open space;

Areas covered with pervious and impervious surface; and

Impervious surface ratio.

Hydrologic and drainage analysis, to be certified by a professional registered Massachusetts civil engineer, and containing:

NOTE: Precipitation accumulations for design storms shall be determined through the Northeast Regional Climate Center publication RR93-5 (the "Cornell Study").

Executive summary explaining and tabulating pre-/post-runoff rate and volume conditions, including all assumptions.

Overview plan and description of existing and proposed drainage basin and site conditions.

Overview plan and description of proposed stormwater management system.

Test pit results, soil classification, percolation rate, hydraulic conductivity of soil where infiltration systems are designed and method and results for determination, and groundwater elevation.

Plan of pre-development conditions showing contours (two-foot interval), extent of drainage areas, soil types, direction of flow, path of flow (used to determine TC), existing structures and utilities, as well as any other pertinent information.

Plan of post-development conditions with all pertinent information.

Specific design points to compare pre-/post-conditions.

Detailed information on determining times of concentration (tc) for each location in the system where runoff flow rate is calculated, include showing tc path on a two-foot contour watershed map with boundaries; sheet-shallow concentrated and open channel paths lengths and calculated slopes.

Pre- and post-stormwater discharge conditions for each drainage pattern/design point for the two-, ten-, twenty-five-, and 100-year storm events; conditions should include for each discharge location (and a summation for the overall site) hydrographs showing depth and rate of flow, as well as identifying total volume of discharge.

Detailed design of the stormwater piping system sized to handle peak flow generated from the twenty-five-year storm event.

Detailed design of the on-site stormwater management system sized to remediate the net increase in runoff and volume of stormwater generated by the twenty-five-year storm event.

[l]

Evaluation of the downstream/off-site impacts of the proposed project's stormwater generated from the 100-year storm event.

[m]

Any charts, graphs, printouts of computer input and output file, and other sources of information used or referenced in the calculations.

[n]

Identify and discuss any computer output warnings or errors and the significance of each on the evaluations.

[o]

The use of infiltration for the discharge of stormwater to below-ground shall be evaluated addressing the following:

The ability of the bottom of the infiltration system to percolate water or the downward infiltration;

The ability of the underlying soil to transport the water to the surrounding groundwater system; and

The ability of the groundwater system to accept the water. This approach should not only account for hydraulic conductivity of the soils, but should also evaluate the actual flow path of these subsurface flows, and backwater gradients to the infiltration system. It should be demonstrated that under peak infiltration design conditions there would be a free-discharge (non-backwater influenced) from the infiltration system to the subsurface. The Town Engineer can be contacted to further discuss an acceptable approach to this analysis.

[p]

A stormwater management system maintenance plan, responsible party(s) and funding.

Soil surveys, test pits, test borings, and permeability testing to be prepared by a civil engineer, to determine the suitability of the soil for the proposed streets, drainage and utilities, to be taken at 100-foot intervals at the proposed station points as described in the site construction plan, and to be taken in areas designated for infiltration/recharge on a 10' x 10' (ten-foot by ten-foot) grid interval. The boring locations and results shall be submitted as a separate document as well as shown on the plans.

Private easement and/or covenant agreements, where slopes or utilities will extend outside of the subdivision onto or through land of abutters, the applicant shall satisfy the Board that written agreements have been made with the abutters.

Additional information. If the Planning Board believes it is necessary to evaluate the feasibility of the proposed design of the development, or to determine compliance with the requirements or intent of these regulations, the Board may require specialized engineering or environmental analyses to be prepared at the expense of the applicant (see § 320-7).

Review by Board of Health. When a definitive plan of a subdivision is submitted to the Planning Board for approval, a copy thereof shall be filed with the Board of Health by the applicant.

Review by other Town officials. The Planning Board will transmit copies of the definitive plan to other Town officials for review and comment. Before the definitive plan is approved, the Planning Board will request written statements from the following departments or commissions:

Department of Public Works, as to the design of the street and water system, location of easements, monuments, drainage system, the sewer system, and any other relevant matters.

Fire Department review. Fire Department as to the location of hydrants, emergency access, adequacy of fire flow, installation of alarm systems, and any other relevant matters.

Police Department review. Police Department as to traffic and any other relevant matters.

Municipal Light Department review. Municipal Light Department as to utilities, streetlights, and any other relevant matters.

(5)

Building Inspector review. Building Inspector as to compliance with the Wakefield Zoning Bylaws.[4]

Editor's Note: See Ch. 190, Zoning.

(6)

Conservation Commission review. Conservation Commission as to potential involvement with MGL c. 131, § 40, and the effects of the subdivision on streams, wildlife and similar considerations within the scope of the Commission.

Public hearing. Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the Board, notice of the time and place of which and of the subject matter, sufficient for identification, shall be given by the Board at the expense of the applicant by advertisement in a newspaper of general circulation in the Town of Wakefield once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing, and by mailing, at the expense of the applicant, 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 tax list.

Approval of a definitive plan.

After the public hearing, the definitive plan will be studied by the Board to determine its conformity with any approved preliminary plan, and its compliance with the design standards and other requirements of these rules and regulations. Within 90 days after the submission of such plan, the Board will take final action thereon by approving, modifying and approving, or disapproving such plan. Approval of the plan shall not be deemed to be the laying out or acceptance by the Town of any street shown thereon.

The action of the Board in respect to such 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. 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. After the definitive plan has been approved, but before endorsement, the applicant shall furnish the Board with one additional print of the plan on mylar and two paper prints thereof dark line on white ground, which shall include all modifications, if any.

The full text of all covenants and stormwater management system maintenance plans shall be shown on the approved plans.

Any person applying for a street opening permit to connect a proposed new subdivision to an existing street must have filed .pdf files with the Town of the complete, endorsed set of definitive subdivision plans, .pdf files of any covenants and Form G[5] covenant bearing proof of recording at the Southern Middlesex District Registry of Deeds.

[Amended 9-11-2007]

Editor's Note: Form G is included as an attachment to this chapter.

§ 320-11 Performance guarantee.

Election by applicant.

An applicant may elect to complete a subdivision under either a performance bond, conditional approval contract, or lender's guarantee of performance, and shall notify the Board of his choice at the time of submission of the definitive plan. Execution of the performance bond, conditional approval contract or leader's guarantee of performance must be completed before endorsement of the definitive plan by the Board.

Securing the performance of the required improvements by a performance bond, or lender's guarantee of performance, will allow the applicant to construct structures prior to the release of the performance bond or guarantee. Prior to the issuance of a building permit, however, the street providing access to the proposed structure shall be paved with, at a minimum, a binder course of Class I bituminous concrete, satisfactory to the Town Engineer, all utilities must be installed and accepted by the Department of Public Works, the drainage system must be complete and operational, a hydrant shall be in working condition within 250 feet of the proposed structure, and all structures (gates, catch basins, manholes, etc.) shall be set flush with the binder pavement.

Performance bond.

If he so elects, the applicant shall file with the Board a bond (see Form E or F)[1] conditioned on the completion of all required improvements within two years from the date of endorsement of the definitive plan, unless the Board in the particular instance approves a different period of time; said bond to be in sufficient sum, in the opinion of the Board, to cover the cost of construction of such improvements and so drawn as to insure their satisfactory completion.

Editor's Note: Forms E and F are included at the end of this chapter.

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.

After completion of the subdivision and certification that the work has been completed to the satisfaction of the Board and in accordance with the definitive plan as approved, the applicant may request discharge of the bond. In the case of an approved subdivision plan under development, which has two means of access, the Board shall not release a surety bond or security for a portion or section of the subdivision under development unless there is provided and constructed first, except for a dead end street, two means of access to said portion or section.

Lender's guarantee of performance. In cases where land in a subdivision has been mortgaged to secure construction funding, and the mortgage recorded, the Planning Board may, at its option, release lots from the operation of a covenant upon delivery to the Board of an agreement with the Planning Board, which agreement shall be executed by the Planning Board, which agreement shall be executed by the applicant, Planning Board and the lender, and shall provide for the retention by the lender of sufficient funds otherwise due the applicant to secure the construction of ways and the installation of municipal services, and to make such funds available to the Town to complete the required construction in the event of the Town to complete the required construction in the event of the developer's failure to perform the required work according to schedule incorporated in such agreement. The form and manner of execution of said agreement shall be subject to approval by the Town Counsel (see Form N).[2]

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

Conditional approval contract.

Under this procedure, the Board may approve a definitive plan on condition that no lot in the subdivision shall be sold and no building shall be erected or placed on any lot until the improvements necessary to adequately serve such lot, in accordance with these rules and regulations, have been satisfactorily constructed and installed.

If the applicant elects to accept this procedure, he shall execute and deliver to the Board before final approval of the definitive plan, a conditional approval contract (Form G)[3] to construct and install the required improvements. Such contract shall be recorded, at the expense of the applicant, at the Middlesex South Land Registry District, and shall be binding upon the land within the subdivision.

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

Upon completion, to the satisfaction of the Board, of all the improvements necessary to adequately serve all lots within the subdivision or, if so requested by the applicant, any particular lots, the Board will issue a certificate of such performance, and, upon the approval by the Board and due recording or registering of such certificate, the conditions applicable to the lots described therein shall terminate.

§ 320-12 Conveyance of utilities and easements to Town.

Before the Board will release a surety bond or deposit, or, in the case of conditional approval, issue a certificate of performance, the applicant shall execute an instrument, substantially in the form of Form H,[1] transferring to the Town, without cost, valid unencumbered title to all underground utilities, sanitary sewers, and water mains, and appurtenances thereto, constructed and installed in the subdivision or portion thereof to be approved, and conveying to the Town, without cost and free of all liens and encumbrances; perpetual rights and easements to construct, inspect, repair, renew, replace, operate and forever maintain underground utilities, sanitary sewers, and water mains, with any manholes, pipes, conduits, drainage in, through and under the whole of all streets in the subdivision or through and under the whole of all streets in the subdivision or portion thereof to be approved, and if any such underground utilities, sanitary sewers, or water mains have been constructed and installed in land not within such streets or subdivision, then in, through and under a strip of land extending five feet on one side of the center line and fifteen feet on the other side of such underground utilities, sanitary sewer, or water main.

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

§ 320-13 Evidence of satisfactory performance.

Before the Board will release a surety bond or deposit, or, in the case of conditional approval, issue a certificate of performance, the applicant shall obtain and submit to the Board written evidence that the required work has been completed to the satisfaction of the Town Engineer.

The applicant shall submit an as-built plan in accordance with § 320-16D of these rules and regulations and in conformance with the existing record system of the DPW Water, Sewer, and Highway Divisions.

§ 320-14 Security to be retained.

[Amended 1-25-2005]

Surety estimates to complete the subdivision are subject to approval by the Planning Board with guidance from the Town Engineer. All surety estimates will reflect the cost to the Town to complete the work proposed by the developer; therefore, the estimates will include the cost of a third-party engineer preparing bid documents for work needed to complete the project and unit prices for each element of the work. All unit prices will be based on projected cost of publicly bidding the work to private contractors. The cost of the third party engineering services to prepare the bid documents, supervise the bid process and monitor the work as completed will be included in the total surety estimate, said amount at least 25% of the estimated construction cost or an amount set by the Planning Board based on a third party proposal for the engineering services. If the definitive subdivision plan is amended, a new total surety estimate will be required.

The Planning Board will not release more than 50% of the total surety estimate to complete the subdivision without the submission of:

A street acceptance plan (developer to retain ownership of the street and convey ownership to the Town);

Payment of the sewer inflow and infiltration removal fee;

Copies of the recorded covenants, easements and related documents;