A.
A definitive subdivision plan shall comprise original tracings in
black India ink on Mylar or tracing cloth and 10 copies of the complete
set of plans, contract prints shall be dark lines on white background
and shall conform to MGL c. 36, § 13A, and shall be 24 inches
wide and 36 inches long.
B.
The scale of plans shall be one inch equals 40 feet and of profiles
one inch equals 40 feet horizontal and one inch equals four inches
vertical. If multiple sheets are required, they shall be numbered
consecutively in the upper right-hand corner and they shall be accompanied
by an index sheet showing the entire subdivision. The index sheet
shall contain a key plan at one inch equals 100 feet or as approved
by the Board, indicating the location of each sheet.
C.
The plans shall bear the signature and stamp of a professional land
surveyor registered in Massachusetts, or for engineering or structural
drawings that of a professional engineer registered in Massachusetts,
space for the Planning Board endorsement, title block in approved
form, North arrow, and three-fourths-inch border.
D.
All cover sheets of reports, such as traffic or drainage, shall be
dated and stamped by a professional engineer registered in Massachusetts.
A.
The definitive plan submission shall contain the following information:
(1)
Locus map at one foot equals 800 feet scale; zoning district and
frontage requirement shown on cover sheet.
(3)
A list of abutters and their addresses based on the most recent tax
list, certified by the Plainville Assessors' office, including those
separated from the subdivision by a street or a watercourse, and those
in other towns but abutting the subdivision.
(4)
All contiguous property owned by the applicants shall be included
in the plan, including showing all existing structures, regardless
of whether or not a substantial portion of the applicant's land
remains undivided. Such remaining area shall be considered as a single
lot, requiring approval as a subdivision before further division of
the remaining area occurs. This information shall be provided on a
scale of one inch equals 200 feet, or as approved by the Board. The
plan shall show all existing structures.
(5)
Within the standard title block, the name of the subdivision, Town,
owner's name or names, engineer's or surveyor's name
and address, date, including revision dates if any, scales, graphic
and numerical, and sheet identification.
(6)
Any detail drawings, calculations, and test results required.
(7)
An original copy of the deed to the property certified by the Registry
of Deeds and a copy of the Assessors' plans and lot numbers, and of
any licenses, permits, or approvals needed to build the subdivision.
The Registry of Deeds and Assessors' information shall be stamped
and signed with the original signatures by the corresponding offices
for verification and submitted with the application.
(8)
The drawings shall include lot plans, street construction plans and
profiles; and if appropriate, easement plans and profiles, including
natural watercourses, and proposed topographic plans, and any detail
drawings of nonstandard design such as retaining walls, bridges, large
culverts, detention ponds, identification of the appropriate zoning
district(s) and the like.
(9)
Lines, angles of intersection, and radii of curves of existing and
proposed streets, ways, lots, easements, and public or common areas
within the subdivision. (The proposed names of proposed streets shall
be shown in pencil until they have been approved by the Board.)
(10)
Existing watercourses shall be shown, including intermittent
streams and ponds, and their proposed relocations, if any.
(11)
Sufficient data to determine the location, direction, and length
of every street and way, line, lot line and boundary line, and to
establish these lines on the ground.
(12)
Location of all permanent monuments properly identified as to
whether existing or proposed.
(13)
Location, names and present widths of streets bounding, approaching
or within reasonable proximity of the subdivision.
(14)
Location on the plan and draft language or easements for utilities,
drainage or any necessary off-site uses, improvements or structures.
In the case of any necessary off-street easements, such as for drainage,
water mains, or other needs, copies of the fully executed easements
must be provided to the Board prior to final plan approval.
(15)
Existing and proposed topography at two-foot contour intervals.
The Board may require additional information on abutting land, whenever
it is deemed necessary, to ensure compatibility of grades and drainage.
Reference benchmarks must be identified.
(16)
Existing profiles on the exterior lines and existing and proposed
profiles on the center line of proposed streets [all elevations shall
refer to National Geodetic Vertical Datum (NGVD].
(17)
Proposed layout (including plans, profiles and grading) of street
construction, storm drainage, water supply and sewage disposal systems,
electric, telephone, fire alarm and cable TV, and access roads to
detention basins.
(18)
Landscaping and planting plan, showing treatment of all planting
strips, roadway islands and medians, and disturbed slope areas by
species, location, size and quantity.
(19)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development.
(20)
A sketch plan showing a feasible, prospective street layout
for any adjacent unsubdivided land owned or controlled by the owner
or applicant of the subdivision, unless such a plan has already been
filed with the Board. In the case where the applicant does not own
or control any contiguous land, a statement to this effect shall appear
in the application.
(21)
Size and location of existing and proposed storm drains, water mains, utilities and their appurtenances, including hydrants, within and adjacent to the subdivision. (Refer to design standards, Article VI, herein.) The applicant shall submit calculations for the determination of all waterway openings to justify culvert and drain sizes as hereinafter set forth. Such calculations shall be prepared by a Massachusetts registered professional engineer.
(22)
Location of approved percolation test pits and deep observation
pits, if any, in accordance with the rules and regulations of the
Board of Health. Whether or not septic systems are proposed, general
soil logs and groundwater profiles shall be shown based on on-site
observation pits and/or wells and/or percolation tests. Soil logs
shall be sufficient in detail to show the depth of organized matter
subsoil thickness, and depth to bedrock (up to eight feet), as well
as percent composition of soil and subsoil types. Locations of test
pits shall be adequately distributed throughout the land area to the
satisfaction of the Planning Board, providing at least one test hole
per every two lots, and one per each 500 feet of proposed roadway.
Additional test holes and test pit locations shall be developed through
consultation with the Board or Board's consultant as may be required
by the specific conditions on the site.
(23)
Location of proposed sewage disposal facilities with the elevation
of the bottom of the leaching bed or trenches shown.
(24)
An erosion control and construction management plan showing
the construction methods, scheduling (including any necessary or proposed
phasing of work), winter stabilization measures, and location of necessary
water pollution and erosion control measures.
(25)
In case a tract is subdivided into parcels larger than normal
building lots, the Board may decline to approve the plan unless such
parcels are arranged so as to allow the opening of proper future ways
and logical and proper subdivision.
(26)
Streetlights shall be in place prior to issuance of occupancy
permits. The layout shall be as per the Street Light Committee. Location
of the streetlight pole within the right-of-way shall be as shown
on the plate for the respective street cross section.[2] Cost of installation and operation shall be borne by the
applicant until acceptance by Town of Plainville as a Town road.
[2]
Editor's Note: Plates are included at the end of this chapter.
(27)
A list of all waivers granted by the Board, shall be preceded
by the following statement: "Except for the following waivers (if
any) granted by the Planning Board, this plan conforms to the Subdivision
Rules and Regulations of the Town of Plainville."
(28)
Slope limits shall be shown on the plan, and easements shall
be granted to the Town for construction of all slopes and/or retaining
walls.
(29)
The following notations are to be provided on the first page
of all definitive subdivision plans:
|
Subject to a covenant duly executed dated the _____ day of __________,
2____, running with the land, to be duly recorded by or for the owner
of record.
| ||
|
This plan is subject to all conditions of the Plainville Planning
Board Certificate of Action dated __________ filed with the Plainville
Town Clerk on __________ and herewith recorded as a part of this plan.
| ||
|
I hereby certify that there has been no appeal taken to this
Planning Board action during the twenty-day statutory appeal period.
| ||
|
Date:
| ||
|
Town Clerk, Town of Plainville
| ||
B.
Traffic impact assessment. The following guidelines identify the
general information to be included in the traffic impact assessment
submitted to the Town of Plainville's Planning Board. Particular
projects may warrant that additional information also be included.
(1)
Project description. A brief description of the proposed project
and study area. Prior to the start of the study, written approval
from the Planning Board identifying the study area shall be obtained.
(2)
Existing conditions. 1) Provide physical characteristics, including
jurisdictional responsibilities, of each roadway within the study
area; 2) Traffic volumes shall be examined covering the study area.
Average annual weekday volumes shall be shown for 24 hours and the
a.m. and p.m. peak hours in all cases. When applicable peak seasonal
adjustments should be made; 3) Relative accident data for the three
most recent years available shall be included to identify problem
locations; 4) An existing conditions capacity and level of service
analysis shall be computed for the roadway network. The performance
indicators (i.e., delay, v/c ratio and queue length) shall be included
in this section. These analyses shall be performed using the 1985
Highway Capacity Manual, Special Report 209 published by the Transportation
Research Board (related computer software for intersection analysis
should include the capacity of intersections: CTPS' Cinch program
or FHWA supported HCM software).
(3)
Site traffic forecast. Anticipated peak hour and daily site traffic
generated by the development on roadways within the study area shall
be quantified. This should include a discussion on the distribution
of site-generated traffic as it relates to the existing street system.
All traffic impact assessments should include traffic generated by
other developments within the study area that have received state/local
approval in part or in whole.
(4)
Future conditions:
(a)
Future conditions capacity analysis (i.e., v/c, LOS, delay,
queue) shall be computed for no-build and build, with and without
mitigation measures. Future conditions should consider background
traffic growth on an annual average basis.
(b)
Signal warrant analysis shall be performed, if applicable.
(c)
A review of the impact of entrances relative to AASHTO standards
for subdivision roadways on the adjacent roadways shall be included
(including sight lines for entering and merging traffic at street
intersections).
(5)
Mitigative measures. Description of proposed mitigation measures
for any potential adverse impacts identified in the traffic impact
assessment.
C.
Environmental impact:
(1)
The applicant shall submit environmental impact data, the purpose
of which is to enable the officials of the Town to determine what
methods are used by the applicant to promote the environmental health
of the community and to minimize adverse effects on the natural resources
of the Town.
(2)
The aim of the environmental review process is to enable the Town
boards to encourage sound environmental design to the fullest extent
allowed by law, by considering the degree to which water is recycled
back into the ground; the maintenance and improvement of the flow
and quality of surface and ground waters; the preservation or promotion
of wildlife refuges, historic sites, important geological, botanical
and archaeological features, existing or potential trails, and access
to open space areas; and the health, safety, and convenience of the
inhabitants of the Town. It is understood, however, that this review
process does not in itself enlarge the permissible scope of review
under existing laws such as the Subdivision Control Act.[3]
[3]
Editor's Note: See MGL c. 41, § 81K et seq.
(3)
The Planning Board may waive any section, or sections, of the required
data which it deems inapplicable to the proposed project.
(4)
The data supplied should include the following:
(a)
Physical environment.
[1]
Describe the general physical conditions of the site, including
amounts and varieties of vegetation, general topography, unusual geologic,
scenic, and historical features; trails and open space links; and
indigenous wildlife.
[2]
Describe how the project will affect these features.
[3]
Provide a complete physical description of the project, and
relationship to surrounding area.
(b)
Surface water and soils.
[1]
Describe location, extent, and type of existing water and wetlands,
including existing surface drainage characteristics, both within and
adjacent to the project.
[2]
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.
[3]
Describe the permanent methods to be used to control erosion
and sedimentation. Include description of:
[a]
Any areas subject to flooding or ponding;
[b]
Proposed surface drainage system;
[c]
Proposed land grading and permanent vegetative
cover;
[d]
Methods to be used to protect existing vegetation;
[e]
The relationship of the development to the topography;
[f]
Any proposed alterations of shorelines, marshes,
or seasonal wet areas;
[g]
Any existing or proposed flood control or wetland
easements;
[h]
Estimated increase of peak runoff caused by altered
surface conditions, and methods to be used to return water to the
soils.
[4]
Completely describe sewage disposal methods. Evaluate impact
of disposal methods on surface water, soils, and vegetation.
(c)
Subsurface conditions.
(d)
Town services.
[1]
Describe locations and number of vehicles accommodated in parking
areas.
[2]
Describe effect of project on police and fire protection services.
[3]
Describe effect of project on Public Works Department services.
[4]
Describe effect of project on educational services.
[5]
Describe the effect of the project on the Town water supply
and distribution system.
(e)
Human environment.
[1]
Provide a tabulation of proposed buildings by type, size (number
of bedrooms, floor area), and ground coverage; a summary showing the
percentage of the tract to be occupied by buildings, parking and other
paved vehicular areas; and usable open space.
[2]
Describe type of construction, building materials used, location
of common areas, location and type of service facilities (laundry,
trash, garbage disposal).
[3]
State proximity to transportation, shopping, and educational
facilities.
[4]
Describe proposed recreational facilities, including active
and passive types, and age groups participating, and state whether
recreational facilities and open space are available to all Town residents.
(f)
General impact. Summarize briefly environmental impact on entire
Town with supporting reasons.
A complete definitive plan submission shall be transmitted to
the Board of Health on the same day as the submittal to the Planning
Board.
Every definitive plan shall be subject to the following fees:
A.
Administrative fee. An application fee as set forth in the Planning Board Fee Schedule (see Appendix N/Form N, included at the end of this chapter) will be assessed.
[Amended 3-14-2012]
B.
Consultant review/special accounts fee.
(1)
Every definitive plan shall be required to file the minimum review fee as set forth in the Planning Board Fee Schedule (see Appendix N/Form N, included at the end of this chapter) to establish an individual special account.
[Amended 3-14-2012]
(2)
Any change deemed to be significant by the Planning Board, such as
a new roadway location or connection, shall require a new submission
and filing fees/review fees as required above. The Board may, at its
discretion, waive filing fees where changes to plans are required
through circumstances beyond the control or design responsibility
of the applicant.
(a)
If this minimum amount is not sufficient to cover the entire
cost of the review, the Board shall adjust said special account as
required. Where specific conditions arising from the land or the nature
of the proposal necessitate the assistance of a planning, engineering,
traffic, soils, services to assist the Board in analyzing a project
to ensure compliance with all relevant laws, ordinances, bylaws and
regulations, the Board may require that applicants pay a "review fee"
consisting of the reasonable costs incurred by the Board for the employment
of outside consultants engaged by the Board to assist in the review
of the application.
(b)
Funds received by the Board pursuant to this section shall be
deposited with the municipal Treasurer who shall establish a special
individual account for this purpose. Expenditures from this special
account may be made at the direction of the Board without further
appropriation. Expenditures from this special account shall be made
only in connection with the review of a specific project or projects
for which a review fee has been or will be collected from the applicant.
Failure of an applicant to pay all review fees shall be grounds for
denial of the application or permit.
(c)
Review fees may only be spent for services rendered in connection
with the specific project from which they were collected. Accrued
interest may also be spent for this purpose. At the completion of
the Board's review of a project, an excess amount in the account,
including interest, attributable to a specific project shall be repaid
to the applicant or the applicant's successor in interest. A
final report of said account shall be made available to the applicant
or the applicant's successor in interest. For the purpose of
this regulation, any person or entity claiming to be an applicant's
successor in interest shall provide the Board with documentation establishing
such succession in interest.
(d)
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Board of Selectmen, providing that
such appeal is taken within seven days of notification of the Board's
appointment of the consultant. The applicant shall be accountable
for any changes incurred by the review consultant until proper notification
of an appeal, within the seven-day appeal period, has been filed with
the Town Clerk. The grounds for such an appeal shall be limited to
claims that the consultant selected has a conflict of interest or
does not possess the minimum educational degree in, or related to,
the field at issue or three or more years of practice in the field
at issue or a closely related field. The required time limit for action
upon an application by the Board shall be extended by the duration
of the administrative appeal. In the event that no decision is made
by the Board of Selectmen within one month following the filing of
the appeal, the selection made by the Board shall stand.
(e)
The applicant is responsible for preparing notices to abutters
by certified mail, return receipt requested. The prepared notices
shall be then verified by the Board or Board's agent before being
mailed by the Board's agent. Return receipts are to be addressed
to the Planning Board for future verification. The prepared notices/certified
mailing shall be delivered to the Board or Board's agent not
less than 10 days before the date of the hearing. All other expenses
including, without limitation, recording fees and filing fees for
documents, and cost for sampling and/or testing required by the Board
or its agent shall be paid solely by the applicant.
(f)
All applications shall be accompanied by check payable to the
order of the Town of Plainville. All payments for any other costs
incurred shall be made within 30 days of the billing date.
Original tracings of the definitive plan shall be returned to
the applicant upon disapproval, or upon approval and endorsement after
the expiration of the appeals period, unless there is a court appeal.
Copies of the plan and all supporting materials will be retained by
the Town.
Within 45 days of receipt of the definitive plan, the Board
of Health shall report to the Planning Board approval or disapproval
of the plan and, in the event of disapproval, shall include in the
report specific findings as to which areas cannot be used as building
sites without injury to public health and, if appropriate, make recommendations
for adjustment. Such report of the Board of Health shall not be deemed
to be an approval of sewage disposal system on any lot or of the construction
of a disposal system or of building on any lot.
Before action on the definitive plan is taken, a public hearing shall be held by the Planning Board. Notice of the time and place of such hearing and of the subject matter thereof, sufficient for identification and including the location of the proposed subdivision, shall be given by the Board twice, the first time at least 14 days prior thereof, by publication in a newspaper of general circulation in the Town of Plainville. A copy of said notice shall be mailed to the applicant and to all owners of land abutting on the subdivision, as appearing on the most recent tax list [see § 540-53A(3) herein].
A.
Definitive plans submitted to the Planning Board for review under
the Town Clerk's stamp may not be revised without the consent
of the Board, and only as discussed in public session at the public
hearing. Any such changes shall be prominently noted on the plan set
cover sheet, and on any individual sheets affected to make clear the
plan of record on which the action of the Board is being requested.
Revision dates shall be shown on the cover sheet and on any sheets
with revisions.
B.
When resubmitting revised definite plans, the following shall be
provided: a written description of all changes made to the plans,
two extra copies of the plans with changes highlighted with yellow
marker, and the applicant shall address point-by-point in writing
any and all questions they received in correspondence from the Planning
Board and/or its consultants.
C.
Minor changes may be allowed by the vote of the Board at any time
after the public hearing, again with the required notations on cover
sheet and affected plan sheets. A "minor change" is defined by the
Board as a change which has no discernible impact outside the subdivision,
does not increase rates or volumes of stormwater runoff, does not
increase the amount of cut or fill required, or does not involve regrading
of more than two lots nor more than 200 linear feet of roadway within
the subdivision. The Planning Board shall determine, in its opinion,
if plan revisions are minor changes, or constitute major changes requiring
refiling and rehearing.
D.
The Board reserves the right to disapprove incomplete submissions
prior to posting of a public hearing, or at any time up to the closing
of the public hearing unless, in its opinion, review of the plan is
not hampered by the absence of required information. In the event
of such disapproval, the plan shall be returned to that applicant
as incomplete, and a copy of the certificate of disapproval filed
with the Town Clerk noting the reason for the Board's action.
The Board also reserves the right to retain any filing and review
fees, or to reimburse any portion of such fees to the applicant, based
on the extent to which the review was provided and to cover administrative
costs of filing, notification, distribution, etc.
Site preparation, tree cutting, filling and other work done
in anticipation of the subdivision plan approval should not be performed
prior to the submission and approval of a definitive plan. The Planning
Board reserves the right to disapprove any such work, to order restoration
of the site, and to assess fines as provided for in these regulations
upon filing of a Form B or C, preliminary or definitive plan application.[1]
[1]
Editor's Note: Said forms are included at the end of this
chapter.
A.
In the case of a residential subdivision where a preliminary plan
has been acted upon by the Planning Board or where at least 45 days
have elapsed since submission of the preliminary plan, an applicant
may file a definitive plan. The failure of a Planning Board either
to take final action or to file with the Town Clerk a certificate
of such action on the definitive plan within 90 days after submission,
or such further time as may be agreed upon at the written request
of the applicant, shall be deemed to be an approval thereof. Notice
of such extension of time shall be filed forthwith by the Planning
Board with the Town Clerk.
B.
In the case of a residential subdivision where no preliminary plan
has been submitted and a definitive plan has been submitted, the failure
of the Board either to take final action or to file with the City
or Town Clerk a certificate of such action regarding the definitive
plan submitted within 135 days after such submission, or such further
time as may be agreed upon at the written request of the applicant,
shall be deemed to be an approval thereof. Notice of such extension
of time shall be filed forthwith by the Board with the Town Clerk.
C.
The Planning Board shall act by approving said definitive plan subject
to specific conditions and modifications, if any, or by disapproving
said plan and listing in detail where the plan does not conform to
these rules and regulations, to the Subdivision Control Law,[1] or to Chapter 500, Zoning, of the Code of the Town of Plainville. Such action shall be contained in a certificate of action, signed by the majority of the Planning Board and mailed by registered mail to the applicant and transmitted to the Town Clerk within said 60 days or the agreed-upon extension period.
[1]
Editor's Note: See MGL c. 41, § 81K et seq.
D.
Approval in all cases is granted for a two-year period from the date
of such approval and if a development is not completed in its entirety
in that time, the applicant must again petition the Board for action
on the undeveloped portion.
(1)
If the report and recommendations of the Board of Health so require,
the approval shall be on condition that no building be placed on areas
designated by the Board of Health without its consent, and this condition
shall be listed in the certificate of action.
(2)
The Planning Board shall revoke its disapproval and approve the definitive plan, subject to appropriate conditions, if the applicant modifies the plan to conform to the rules and regulations and removes the reasons given for the original disapproval. Upon the submittal of the modified plan, the Board shall advertise and hold a new public hearing, mailing notice of the hearing to all recipients of the original notice of public hearings, and otherwise proceed in the manner provided for in the revision or revocation of approval (see § 540-62 below).
The Board may at any time on its own initiative or on petition
of any interested person, revise or revoke the approval of a definitive
plan or require a change therein as a condition of retaining the approved
status, including plans approved by predecessors of the current Board.
A.
Such revocation or revision of approval may be due to determination
by the Board that the original approval was based on incomplete or
incorrect information, or due to the developer's failure to begin
work in the subdivision within a reasonable time or to complete the
required improvements to the specifications and within the time stipulated
by the Board, or due to a change in zoning requirements (upon expiration
of the statutory exemption period), or for other reasons.
B.
The procedure for the approval of definitive plans shall, so far
as apt, be followed in revising or revoking approval, except that
no submittal of plans or filing fee shall be required, unless the
action is initiated by the applicant or his successors-in-title.
C.
The action of revoking or revising the approval of a definitive plan
shall not affect individual lots and rights appurtenant to them if
sold or mortgaged in good faith and for a valuable consideration subsequent
to the initial approval of the plan, without written consent of the
owner or mortgage holder thereof. Such action shall, however, apply
to the balance of the subdivision sold to a single grantee or to all
lots not released by the Board.
D.
The revocation or revision of approval shall take effect after a
new certificate of action has been recorded in the Registry of Deeds,
indexed, and noted on the original recorded plan or, in the case of
registered land, after the revocation or revision has been verified
or ordered by the Land Court.
E.
Revision of lot lines, easements, utilities, and other changes which do not affect the names, grades, or exterior lines of streets may be acted upon by the Board without public notice or hearing, subject to the consent of the affected owners and, when applicable, in accordance with Article IV of these regulations.
A.
Before the Planning Board endorses its approval and reference to
any conditions on the definitive plan and releases the plan to the
developer for Town Clerk's certification of no appeal and for
recording, the applicant must guarantee the construction of ways and
installation of municipal services and other required improvements
by one or some combination of the following methods, the choice of
method being with the applicant, who may vary if from time to time.
B.
For the performance guarantees other than a covenant the required
amount, penal sum or value shall be determined by the Board. The developer
shall furnish the Board a reasonable itemized estimate of the cost
of performing the required work as of the end of the specified time
for performance, including a factor for inflation and contingencies,
but the Board may revise the figures based on other estimates to ensure
that the Town is adequately protected in the event of developer's
default. The time for performance shall be agreed to by the developer
and the Board; to minimize costs due to inflation and to reduce unsightliness
inherent in a construction site; it is recommended that the subdivision
be released in portions which can be completed in two to three years
each. In all instances a written instrument, signed by the developer
and, where applicable by the mortgage holder or surety company, shall
specify the lots released, the termini and scope of work to be performed,
and the specified time for completion and shall refer to the security
posted (see Appendix for a model agreement).[1]
(1)
A surety company bond given to the Town and approved by the Town
Treasurer or Town Counsel as to form.
(2)
A certified check, bank shares certificates, bank book (together
with an assignment to the Town assented to by the bank and a signed
withdrawal slip) or other readily realizable securities, deposited
with the Town and approved by the Town Treasurer as to value and form.
(3)
An agreement signed by the developer and the holder of the first
mortgage (lender), wherein the lender agrees to withhold construction
progress payments otherwise due the developer in accordance with an
agreed-upon schedule of disbursement, subject to the Planning Board's
approval of specified partial performance of the required work, and
to make such held-back money available to the Town to pay for the
completion of work in the event of the developer's failure to
complete it within the specified time.
(4)
A covenant given to the Town and recorded, that is a promise signed
by the developer not to sell or convey all of the specified lots except
by a mortgage deed, not to build on such lots, nor apply for building
or septic system permits therefor until the construction of ways and
installation of utilities to serve said lots have been satisfactorily
completed and a release from the restrictions of the covenant issued
by the Board. The time for the completion of work under a covenant
may be specified therein by the Board. The covenant shall run with
the land and be binding on the developer's heirs, assigns, and
successors-in-title. All lots not previously released may be conveyed
by a single deed, subject to the covenant. A mortgage holder who acquired
title to land subject to the covenant, whether through a foreclosure
or otherwise, may sell such land, subject to the prohibition of building
thereon until released by the Board.
(5)
The developer may from time to time furnish a bond or other security as provided in Subsection B(2) above, then request the release for sale and building of certain lots theretofore restricted by a covenant. The section of the subdivision affected and the lots released shall be enumerated in a surety agreement, which shall be recorded.
(6)
Upon partial performance in a satisfactory manner of the required
construction and installation, the Board will release specified lots
from the restrictions of the covenant or reduce the obligations of
the developer under a bond or other security and authorize the release
or return of part of the amount held to the developer, retaining an
amount sufficient to cover the cost of work still outstanding. Such
release or reduction shall be described in a certificate suitable
for recording.
(7)
Upon written request of the developer, submitted by registered mail
to the Board and the Town Clerk, to release all lots from the covenant
or to release and return the total amount of security held by the
Town, alleging that all required construction and installation have
been satisfactorily completed, the Board shall either release the
lots or the security held or reject the request and advise the Town
Clerk and the applicant by registered mail within 45 days of the request
that the required construction and installation have not been completed
and enumerate in detail the work not performed in accordance with
these rules and regulations.
[1]
Editor's Note: Forms D and E, pertaining to covenants, are
included at the end of this chapter.
The Building Inspector shall not issue a building permit for
any lot without verifying that the lot is either not in a subdivision
or, if in a subdivision, that the lot has been released by enumeration
in a certificate or a surety agreement, and further that no restriction
has been placed on such a lot by the Board of Health at the time of
definitive plan approval. Other officials shall advise the Board for
conveyances or other violations of a covenant or of conditions of
definitive plan approval. The Board may take such action as is provided
by law to enforce these rules and regulations and to enjoin said court
action initiated within one year of a violation.
Upon furnishing by the applicant of a performance guarantee,
the Board shall endorse the definitive plan and refer to conditions
of approval; the Town Clerk shall certify, if such is the case, that
the notice of the plan approval has been received and no notice of
appeal has been filed within 20 days after the receipt of the approval
notice; and the developer shall record the original tracing the plan,
the certificate of board action, and the Covenant or surety agreement
or file them with the recorder of the Land Court, if the definitive
plan comprises registered land.
