A.
The Board may require an applicant to submit documentation satisfactory
to the Board to prove the applicant's ownership of the subject property
and/or prove the agency, representative or assignee relationship.
The application shall include a municipal lien certificate showing
that no outstanding taxes or assessments are due on the subject property.
B.
Application.
(1)
Any person who submits a definitive plan of a subdivision to the
Planning Board for approval shall file with the Board:
(a)
An original of Form 4.
(b)
Nineteen copies of Form 4.
(c)
Twenty sets of plans.
(e)
A certified abutters list and two sets of mailing labels matching
the certified abutters list which can be obtained from the Assessor's
office (Assessor's office requires 10 business days to produce).
(f)
Required application fee and engineering and legal deposits.
(g)
Municipal lien certificate.
(h)
Original copy of Planning Board litigation policy statement
signed by both owner and applicant.
(i)
Form 7, Street Name Review Form.
(j)
A copy of Form 3 (submitted to the Town Clerk's office) with
the Town Clerk's stamp.
(k)
PDF submission of all plans and documents.
(2)
Nothing contained herein shall preclude the Planning Board from requiring
additional copies of prints as required.
C.
All definitive subdivision plan applications shall include a certification
as to the application's and plan's conformance, in every aspect, with
these rules and regulations, the Subdivision Control Law and the Cohasset
Zoning Bylaw and as to the accuracy of the application and plan, such
certification to be executed by a person registered in the Commonwealth
of Massachusetts as a Massachusetts registered professional land surveyor
or Massachusetts registered professional engineer. If the application
or plan fails to comply in any respect with these rules and regulations,
the Subdivision Control Law and the Cohasset Zoning Bylaw, the application
must be accompanied by a list, certified by such Massachusetts registered
professional land surveyor or Massachusetts registered professional
engineer, setting forth each and every rule and regulation with which
the application and/or plan does not comply, the nature of the noncompliance
and the reason therefor.
D.
The applicant, in accordance with MGL c. 41, § 81T, shall
give written notice to the Town Clerk by hand delivery or by certified
mail, utilizing Form 3 attached to these regulations. The notice shall
state the date the submission was made to the Planning Board. If such
notice is given by hand delivery, the Town Clerk shall, if requested,
give written receipt thereof to the person who delivered such notice.
The applicant shall also provide the Town Clerk with a copy of the
executed application form.
E.
As outlined in § 325-8, Consultants and fees, all costs of the services rendered and the work performed by the Planning Board and its staff in review of the proposed definitive subdivision plan, including without limitation administration and technical and legal review of the proposed definitive subdivision plan, are the responsibility of the applicant.
F.
A submission shall not be deemed complete and shall not be accepted
until the applicant has submit the required number of copies of the
Form 4 application, plans and other supporting documents, a municipal
lien certificate, the signed Planning Board statement of litigation
policy, a certified abutters list and two sets of mailing labels and
has provided the required application fee and deposit fee for engineering,
legal and Board expenses, unless the Board has waived the deposit
requirement in writing.
G.
Review by the Board of Public Health as to suitability of the land.
When a definitive plan of a subdivision is submitted to the Planning
Board, as provided in MGL c. 41, § 81O, a copy thereof shall
also be filed with the Board of Public Health which shall review the
plan in accordance with the Subdivision Control Law.
[Amended 5-24-2021 ATM by Art. 28]
The definitive plan submission shall consist of the definitive
plan and required supplemental information as follows:
A.
Definitive plan.
(1)
The definitive plan shall be prepared by a Massachusetts registered
professional engineer and Massachusetts registered professional land
surveyor and shall be clearly and legibly drawn at a scale of one
inch equals 40 feet in black permanent ink upon sheets of tracing
cloth or plan original 24 inches by 36 inches, with three-fourths-inch
borders, except the left border which shall be 1 1/2 inches.
(3)
All sheets making up the definitive plan shall contain the following:
(a)
Title (subdivision name), date of preparation and scale.
(b)
Name of owner of record and of applicant if other than owner
of record.
(c)
Name and address of the Massachusetts registered professional
land surveyor and Massachusetts registered professional engineer.
(d)
Certificates and seals of the Massachusetts registered professional
engineer and Massachusetts registered professional land surveyor who
prepared the sheet (including topographic information).
(e)
Certificate by the Massachusetts registered professional land
surveyor that all surveying conforms to the requirements of the Massachusetts
Land Court (not required on index sheet or detail sheet).
(f)
Certificate by the Massachusetts registered professional land
surveyor that all surveying conforms to the current requirements of
the Massachusetts Board of Registration of Professional Engineers
and Land Surveyors as described in 250 CMR 6.00, procedural and technical
standards for the practice of land surveying (not required on index
sheet or detail sheet or sheets without survey information).
(g)
Suitable space to record the action of the Board and the signatures
of the members of the Board on each sheet of the definitive plan.
(h)
Revision block suitable to record and describe revisions made
to the plan.
(4)
The subdivision plan shall contain the following:
(a)
North arrow.
(b)
Existing and proposed lines of streets, house numbers of existing
houses, rights-of-way, easements, and any public or common areas within
the subdivision. (The proposed names of proposed streets will be shown
in pencil until they have been approved by the Board.)
(c)
Location, names and present widths of adjacent streets or of
streets approaching or within reasonable proximity of the proposed
subdivision.
(d)
A locus plan at a scale of one inch equals 800 feet showing
the relationship between the subdivision and adjoining property within
a radius of 1/4 mile of the proposed subdivision.
(e)
Names of all owners of abutting land as determined from the
most recent local tax list, including owners of land separated from
the subdivision only by a street.
(f)
All lots with lot numbers designated numerically and in sequence.
The applicable minimum front, side and rear yard depth of each lot
as required by the Zoning Bylaw shall be shown by a dashed line.
(g)
Sufficient data including lengths, bearings, radii and central
angles to determine the exact location, direction and length of every
street line, lot line and boundary line and sufficient survey data
referred to existing permanent monuments such that these lines may
be readily established on the ground.
(h)
The Board, where it deems necessary, may require a permanent
elevation bench mark.
(i)
Location of natural waterways and water bodies within and adjacent
to the subdivision.
(j)
Location of existing or proposed paths, sidewalks, roads, and
rights-of-way over and across the subdivision.
(k)
The limit of previous approval by the Planning Board and the
date of such approval. If the subdivision adjoins a public way it
shall be so designated.
(l)
Zoning classification of the land shown on the plan and the
location of any zoning district boundaries that may lie within the
locus of the plan.
(m)
Location of all proposed survey monuments for the subdivision.
(n)
If the property that comprises the subdivision or any part thereof
has been examined, approved and confirmed by the Massachusetts Land
Court, such information shall be noted on the plan with case numbers
and other pertinent references, and the same requirement shall apply
to any abutting parcels of the applicant.
(o)
Identify any area(s) within the locus which lie(s) within a
Floodplain and Watershed Protection District or any other zoning overlay
district.
(5)
The topographic, utilities, grading and drainage plan shall contain
the following:
(a)
Location of all permanent monuments, identified as to whether
existing or proposed, natural objects such as waterways, wetlands,
detention ponds, trees over 12 inches in diameter, drainage courses,
large boulders or ledge outcroppings, stone walls, fences, buildings,
retaining walls, existing on-site disposal systems on the property
or within 50 feet of any proposed drains, one-hundred-year floodplain
and the like.
(b)
Locations of all proposed streets, lot lines and easements.
(c)
Existing and proposed contours, developed on NGVD base, at two-foot
intervals. Existing contours and detail shall meet National Map Accuracy
Standards for maps of one inch equals 40 feet. Where aerial photogrammetry
is used, check sections shall be taken and provided to demonstrate
map accuracy. Existing topographic information shall be based on recent
on the ground survey under the supervision of the registered professional
whose stamp is on the plan.
(d)
Location of all drainage structures with existing and proposed
spot grades where drainage meets existing conditions.
(e)
There shall also be shown any alteration of the pattern and
disposition of drainage without regard for its source. Direction and
size of all drainage culverts, open ditches and the like must be indicated.
(f)
Location of surface and subsurface explorations on the tract,
location and results of tests made to ascertain subsurface soil, rock
and groundwater conditions, depth of groundwater and the probable
area of disposal systems shall be indicated.
(g)
Location of existing or proposed municipal services.
(h)
Location of all proposed haul roads to be used during subdivision
construction.
(6)
The layout plan and profile shall contain the following:
(a)
A separate plan for each proposed street and easement, including
bridges, in the subdivision, at a horizontal scale of one inch equals
40 feet, showing for each such proposed street or easement: side lines,
center line, points of tangency, length of tangents, length of curves,
intersection angles, radii of curves, and the location of proposed
and existing permanent monuments and bench marks, together with all
lot lines, buildings and other major features within 40 feet of the
exterior lines of such street or easement. The layout plan shall also
show the size, material and location of all proposed drains, proposed
water mains, other existing and proposed municipal services and proposed
sewers within the street, together with their appurtenances.
(b)
The items above shall be supplemented where necessary by lines
on the plan showing the width and location of proposed roadways, planting
strips, gutters, light fixtures, hydrants, sidewalks, guardrails and
similar physical features. Directly above or below the plan of each
proposed street or easement, a profile shall be drawn at a horizontal
scale of one inch equals 40 feet and a vertical scale of one inch
equals four feet showing for such street or easement existing center-line
grades in fine black solid line, existing exterior left side line
in fine black short dash line, existing exterior right side line in
fine black long dash line, and proposed finished center-line grades
in heavy solid line. Proposed and existing grade elevations shall
be shown by figures at beginning and end of the street or easement
at fifty-foot station intervals and at the beginning and end of all
vertical curves. Proposed stations and station equations shall be
shown by figures at the beginning and end of the street or easement.
Rates of gradient in percentage shall also be shown. All elevations
shall refer to National Geodetic Vertical Datum (NGVD). Profiles shall
also indicate the location of any intersecting public or private ways,
and the location of existing and proposed storm drains, including
water mains, sewers, or other municipal services and their appurtenances,
invert locations of all manholes, pipe ends, catch basins and changes
in slope. Existing septic systems within 50 feet of the edge of the
roadway layout shall also be shown.
(c)
On the same sheet or on a separate sheet, there shall be drawn
cross sections of the proposed street, properly located and identified
by station number, at such intervals along the street as will indicate
adequately any variations in its section.
(7)
The cover sheet shall consist of:
(a)
A locus plan at a scale of one inch equals 800 feet showing
the relationship of the subdivision to adjoining property within a
radius of 1/4 mile of the proposed subdivision.
(b)
An index of other sheets in the plan.
(c)
A space reserved for revision dates on the sheet.
(d)
A statement under the space for revision dates as follows: "The
latest revised date contained in this set of plans is (date)."
(e)
If the entire site cannot be shown on one sheet, an index plan
shall be drawn on the cover sheet (or on a separate sheet) at a scale
agreed to by the Board. The index plan shall show lots, streets and
street stationing conforming to the layout plan and profile. The identity
of lots by house number should also be shown if available.
(8)
The detail sheet shall contain details indicating the proposed construction
of all catch basins, manholes, channels, swales, headwalls, endwalls,
flared ends, hydrants, roadways, sidewalks, bikeways and all other
improvements required by these regulations and by the Planning Board.
B.
Required supplemental information for a definitive plan submission.
(1)
Environmental impact and evaluation statement. The applicant shall
also submit with the definitive plan 20 copies of an environmental
impact statement, the purpose of which is to enable the Board to determine
the methods which are to be used by the applicant to promote the environmental
health of the community and to minimize adverse effects on the natural
resources of the Town. In preparing the statement, the applicant should
refer to the Soil Survey Maps and Manual, by the Natural Resources
Conservation Service, United States Department of Agriculture, for
this Town. The statement should include specific references to the
appropriate plans and maps. The statement should be a technical document
with references for all comments whenever possible. In reviewing the
statement, the Board strongly encourages the applicant to consider
the health and safety of the inhabitants of the area; the degree to
which water is recycled back into the ground; the effect on flow and
quality of surface and ground waters; the effect of drainage upon
adjacent properties; the preservation or promotion of wildlife refuges,
historic sites, and unique geological, botanical and archaeological
features; existing or potential trails and accesses to open space
areas; and the extent to which the design utilizes natural features
and orientation to foster energy-conscious design. The Planning Board
may waive any section, or sections, of the statement which it deems
inapplicable to the proposed project. The developer should discuss
the requirements with the Board prior to the submission of a definitive
plan. The statement shall 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 subdivision will affect these features.
[3]
Provide a complete physical description of the subdivision and
its relationship to surrounding area.
(b)
Surface water and soils.
[1]
Describe location, extent and type of existing watercourses,
ponds, vernal pools and wetlands, including existing surface drainage
characteristics, both within and adjacent to the subdivision, noting
any current problems in the area.
[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, including a 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 shore lines, marshes
or seasonal wet areas;
[g]
Any existing or proposed flood control or wetland
easements; and
[h]
Estimated increase of peak runoff caused by altered
surface conditions, and methods to reduce runoff by allowing surface
water to seep into the ground.
[4]
Describe sewage disposal methods. Evaluate impact of disposal
methods on surface water, soils, and vegetation.
[5]
Provide complete drainage calculations for the proposed subdivision
and off-site drainage improvements, if any; calculations to include:
[a]
Topographic map showing all watershed areas referred
to in the drainage calculations, the subdivision perimeter, the subdivision
streets, and drainage structures.
[b]
Drainage calculations for development.
[c]
Other information necessary to check the adequacy
of the drainage design proposed and the impact of this design, both
upstream and downstream of the subdivision.
(c)
Subsurface conditions. A report on soil testing performed and
prepared by a Massachusetts registered professional engineer. The
purpose of the report shall be to supply soil data to the Planning
Board and assist in evaluating the design of the subdivision. The
report shall include the location of observation pits. Logs of such
observation pits shall be taken in accordance with the regulations
concerning pits as required in 310 CMR 15.00 of the Massachusetts
Sanitary Code, Subsection 15.102(3), Deep Observation Holes, prior
to submission of the definitive plan.
[1]
Describe any limitations on proposed subdivision caused by subsurface
soil and water conditions, and methods to be used to overcome them.
[2]
Provide logs and findings from soils tests and observation pit
excavations conducted on the site. At least one observation pit per
200 feet of road along the center line of road shall be dug and logged.
The observation pits have the purpose of supplying soil data to the
Planning Board to assist in evaluating the design and construction
cost of a subdivision. A log of such observation pits shall be taken,
in accordance with the applicable sections of regulations concerning
such pits as contained in 310 CMR 15.102 to 15.105 (the State Environmental
Code, Title 5), as amended, prior to submission of the definitive
plan. The minimum depths of such pits shall be as follows:
[3]
Evaluate impact of sewage disposal methods on quality of subsurface
water and increase/decrease in the elevation of existing water table.
(d)
Town services.
[1]
Describe estimated existing and proposed traffic flow at peak
periods and proposed circulation pattern and impact on area within
1,000 feet of the subdivision.
[2]
Provide at least one sketch plan of the site and abutting properties
within a minimum of 1,000 feet of the site whether or not owned by
the applicant showing possible or prospective street layouts for such
adjacent land.
[3]
Describe locations and number of vehicles accommodated in parking
areas.
[4]
Describe effect of subdivision on police and fire protection
services.
[5]
Describe effect of subdivision on Department of Public Works
services, including existing streets and storm drainage facilities.
[6]
Describe effect of subdivision on educational services.
[7]
Describe the effect of the subdivision on the Town water supply
and distribution system.
[8]
Describe the effect of the subdivision on Town parks, playgrounds
and recreational facilities.
(e)
Human environment. Provide a tabulation of proposed buildings
by type, size (number of bedrooms, floor area), ground coverage, and
a summary showing the percentage of the tract to be occupied by buildings,
parking and other paved vehicular areas and usable open space.
(f)
General impact. Summarize environmental impact on entire Town
with supporting reasons.
C.
Other required field work. To facilitate the review of the definitive
plan submission, the applicant shall stake the center line of the
proposed roadway at one-hundred-foot intervals. The applicant shall
also stake locations and elevations of all drainage structures such
as flared ends and headwalls that must meet existing grades. Other
areas sensitive to the design evaluation may be required to be staked
after review of plans by the Board.
No modification, amendment, change or alteration shall be made in an approved definitive plan unless made in accordance with MGL c. 41, §§ 81O and 81W. For the purposes of this section, the definitive plan shall be defined to include without limitation all elements listed under § 325-18, Definitive plan submission contents, of these regulations. Any alteration in grades, drainage plans or other utilities shall constitute a change in the definitive plan.
Where the Planning Board has disapproved a definitive plan submission
for stated reasons, the applicant may submit an amended plan which
purports to address the reasons for disapproval. Submission of such
an amended plan shall be governed by the provisions of this section.
A.
The applicant shall submit an amended plan within 20 days after the
decision of the Board to disapprove the definitive plan has been filed
with the Town Clerk.
B.
An amended plan under this section shall comply in all respects with the rules and regulations governing submission of a definitive plan as set forth in Article IV et seq. herein, including, without limitation, the filing of the required application and payment of all fees and deposits.
C.
The Planning Board may, at its discretion, waive strict compliance
with these rules and regulations. Where an amended plan has been submitted
under this section, the Board should avoid unnecessary duplication
of plans and/or supplemental information whenever possible.
D.
Any submission made under the provisions of this section shall be
governed by the rules and regulations, bylaws, and statutes in effect
at the time the amended plan is submitted.
A.
Within 21 days of receipt of a proposed definitive plan submission,
the Planning Board shall determine whether the submission is complete.
Incomplete filings shall be rejected and a written notification of
rejection and the reasons therefor shall be sent by certified mail
to the applicant with copies to the Town Clerk and Board of Public
Health. Mailing of this notification shall be made no later than 21
days after the Planning Board received the submission. (If the 21st
day falls on a Saturday, Sunday, or legal holiday, then the next business
day shall be the deadline.) If the notification has not been sent
as provided herein, then the submission shall be deemed complete.
The Planning Board shall retain the copies of the rejected filing
for its record.
[Amended 5-24-2021 ATM by Art. 28]
B.
An incomplete submission will not trigger the time periods set forth
in MGL c. 41, § 81U, for review of the plan by the Board
of Public Health or the Planning Board.
[Amended 5-24-2021 ATM by Art. 28]
C.
Acceptance of a definitive plan submission as substantially complete
does not imply that the submission meets the requirements of these
rules and regulations. After further review and comments by the Planning
Board, its agents, and/or other boards, supplementary information,
documentation or clarifications to the submission may be required.
A.
The Planning Board will transmit copies of definitive plan submissions that it deems substantially complete to such boards or committees as it deems advisable. The Planning Board will request of each official, board and commission to which it has transmitted a copy of the definitive plan a written statement with regard to the plan within 45 days of such submission. Such statements should address, where appropriate, the layout and design of the proposed subdivision and of the proposed municipal services therein; compliance with the Zoning Bylaw; applicability thereto of state and local regulations; and the impact, if any, of the proposed subdivision on matters within the purview of the particular committee. The applicant shall simultaneously file his proposed definitive plan with the Board of Public Health as required by MGL c. 41, § 81U, and § 325-17G of these rules and regulations.
[Amended 5-24-2021 ATM by Art. 28]
B.
Before approval, modification and approval, or disapproval of the
definitive plan is given, a public hearing shall be held by the Planning
Board, notice of the time and place of which and of the subject matter,
sufficient for identification, shall be given by the Planning Board
at the expense of the applicant by advertisement 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 hearing, or if there is no such newspaper in the Town then by
posting such notice in a conspicuous place in the Town Hall for a
period of not less than 14 days before the day of such hearing, and
by mailing a copy of such advertisement to the applicant and to all
owners of land abutting upon the land included in such plan as appearing
on the most recent tax list.
C.
Approval, modification or disapproval.
(1)
After the required hearing, but within the period specified in the
Subdivision Control Law after receipt of a complete definitive plan
submission, the Board shall take final action in accordance with said
law.
(2)
Before endorsement of the Planning Board's approval of a definitive plan of a subdivision, the applicant shall agree to construct the required improvements specified on the plans and in these rules and regulations, such construction to be secured by a performance guarantee as described in Subsection G.
D.
Certificate of approval. The action of the Board in respect to said
plan shall be by vote, copies of which shall be certified and filed
with the Town Clerk and sent by certified mail to the applicant. If
the Board modifies or disapproves said plan, it shall state in its
vote the reason for its action. Final approval, if granted, shall
be endorsed on the original of the approved drawings 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 in writing that no appeal has
been filed. The Board shall then return to the applicant the originals
of the definitive plan.
(1)
Within 30 days after the return to the applicant of the definitive
plan, as approved and endorsed, the owner shall obtain and furnish
to the Board three prints and one reproducible plan original of said
plan showing final endorsement. Prints and reproducible shall be black
line on white background. No lots shall be released and no bond reduced
by the Board until the applicant has filed with the Board the above
prints.
(2)
Approval of the definitive plan shall not be deemed to constitute
the laying out or acceptance by the Town of any streets within the
subdivision.
E.
Recording of plan. All sheets of the definitive plan shall be recorded
within 10 days after the definitive plan and covenant (Form 5 contained
in these rules and regulations), as approved and endorsed, have been
recorded at the Norfolk Registry of Deeds and, in the case of registered
land, with the recorder of the Land Court. The applicant shall notify
the Board in writing of the date of such recording, including book
and page or document numbers.
F.
Upon receipt of notification of recording, the Board shall file one
print of the definitive plan with the Building Inspector. In accordance
with the Subdivision Control Law, where approval with covenant is
noted thereon, the Building Inspector shall not issue any permit for
the construction of a building on any lot within the subdivision without
receipt from the Board of a copy of the certificate of release of
lots (Form 6 contained in these rules and regulations).
G.
Performance guarantee. Before endorsement of its approval of a definitive
plan of a subdivision, the applicant shall agree to complete the required
improvements specified on the plans and/or in these regulations for
all lots in the subdivision, such construction and installation to
be secured by one, or in part by one and in part by the other, of
the methods set forth in the Subdivision Control Law.
H.
The Planning Board may condition its approval of a definitive subdivision
plan upon completion of the construction of all ways and installation
of all utilities in compliance with the approved plan and with the
Planning Board's Subdivision Rules and Regulations within two years
of the date of approval of the plan by the Planning Board or other
date authorized by the Planning Board. Failure to complete such construction
and installation of all ways and utilities within such two-year period
shall automatically rescind the Planning Board's approval of the plan
without need of further action by the Planning Board.
A.
Upon the completion of the construction of ways and the installation
of municipal services in accordance with these rules and regulations
and the approved plan, security for the performance of which was given
by bond, deposit or covenant, or upon the performance of any covenant
with respect to any lot, the applicant shall send by registered mail
to the Town Clerk and the Planning Board a written statement that
said construction or installation in connection with which such bond,
deposit or covenant has been given has been completed in accordance
with these rules and regulations and the approved plan, such statement
to contain the address of the applicant.
B.
If the Planning Board determines that said construction or installation
has been completed in accordance with these rules and regulations
and the approved plan, it shall release the interest of the Town in
such bond and return the bond or the deposit to the person who furnished
the same, or release the covenant by appropriate instrument, duly
acknowledged, which may be recorded.
C.
If the Planning Board determines that said construction or installation
has not been completed, it shall specify in a notice sent by registered
mail to the applicant and to the Town Clerk the details wherein said
construction or installation fails to comply with these rules and
regulations and/or the approved plan, and upon failure to do so within
45 days after the receipt by said Town Clerk of said statement from
the applicant, 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.
D.
In the event that said forty-five-day period expires without such
specification, or without the release and return of the bond or return
of the deposit or release of the covenant as aforesaid, the Town Clerk
shall issue a certificate to such effect, duly acknowledged, which
may be recorded.
E.
Neither reduction of surety nor release of lots pursuant to this
section shall relieve the applicant from his obligation to complete
the work in accordance with these rules and regulations and the approved
plan. Work discovered to be defective subsequent to reduction of surety
or release of lots shall be corrected by the applicant prior to final
acceptance of the work by the Planning Board.
Before the Board will release the interest of the Town in the
performance guarantee, the applicant shall file with the Board the
following:
A.
A certified copy of a separate layout plan and profile (with accompanying
cross sections and profile) showing as-built location for each street
and easement in the subdivision (or, in the case of approval with
covenant, of the street or streets serving the lots for which a release
is desired). Certification shall be by the Massachusetts registered
professional engineer and Massachusetts registered professional land
surveyor employed by the applicant at his own expense, and shall indicate
that all easements, streets, sidewalks, sewers, storm drains and water
mains and their appurtenances have been constructed in accordance
with the lines and grades of said plan and are accurately located
as shown thereon. Said plan shall be suitable for recording in the
Norfolk Registry of Deeds and shall conform to applicable layout plan
and profile requirements of these regulations.
B.
A statement in writing from the Board or its agent that all work
under its jurisdiction required by these rules and regulations has
been inspected and completed in each street in the subdivision (or
in the street or streets serving the lots covered by the surety),
including but not limited to storm drains, bridges and sidewalks,
and that it has approved the construction and materials used in the
performance of such work.
C.
A statement in writing from the Water Department and Sewer Department
that they have inspected and the applicant has completed each water
main and sanitary sewer and their appurtenances in accordance with
their requirements and that they have approved the construction and
materials used in the performance of such work.
D.
A written certification by the Board of Public Health that any requirements
of the Board of Public Health contained or referred to in the definitive
plan have been met.
[Amended 5-24-2021 ATM by Art. 28]
E.
Copies of or reference to the necessary instruments, executed by
the applicant, transferring to the Town all utilities and easements
as shown on the definitive plan unless this requirement is modified
under the terms of definitive plan approval.