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SECTION V. DEFINITIVE PLANS
DEFINITIVE PLANS

No person shall make a subdivision of any property or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless a Definitive Plan of such subdivision has been submitted to and approved by the Planning Board in accordance with this section.

A. Application

Any Applicant who desires approval of a Definitive Plan for the subdivision of property shall:

1.File with the Planning Board:
a.    A properly executed Form C (see Forms);
b.   The Definitive Plan printed on mylar transparency sheets, satisfying the form and content requirements set forth in Section V.B of these Rules and Regulations, with eight (8) contact prints thereof;
c.   A designer’s certificate, Form E (see Forms);
d.   An abutters list, Form J (see Forms), showing the names and addresses of all abutters to the property included in the Definitive Plan, as determined from the most recent Assessor’s list unless the Applicant has more recent knowledge of such abutters;
e.   A list of proposed street names, Form K (see Forms); and
f.    A filing fee (see Fee Schedule);
g.   A 3.5 inch computer disk or compact disk (CD) containing any computer generated information in the application, in a form acceptable to the Planning Board.

The date such completed application is delivered to the Planning Board shall be deemed to be the date of submission of the Definitive Plan, or if incomplete, the date of submission of a complete application.

2.  File with the Board of Health:
a. A copy of the Form C filed with the Planning Board; and
b.Three (3) contact prints of the Definitive Plan filed with the Planning Board.

3.   Give written notice to the Town Clerk, by delivery in hand or by registered mail, postage prepaid, of the filing of the Definitive Plan, accompanied by the original of the Form C previously filed with the Planning Board.  The written notice shall specify:

a. The date the Definitive Plan was filed with the Planning Board;
b. A description of the property to which the Definitive Plan is related, sufficient for identification thereof; and
c. The name and address of the owner of such property.

4.   Submit a copy of the written notice given to the Town Clerk, the Form C filed with the Planning Board, and signed copies of Form M-1 and M-2 (see Forms) to:

a. Water Commission, including additional requirements below
b.Department of Public Works
c. Fire Chief, including additional requirements below
d. Police Chief
e. Conservation Commission
f. Building Inspector
g. Sewer Commission
h. Town Engineer

5.   To enable the Water and Sewer Departments to prepare such comments in a timely fashion, the Applicant shall submit to the Department(s), together with the items specified in section V.A.4 of these Rules and Regulations, a plan showing in detail the proposed water and sewer service mains, as applicable, and a detailed utility impact study, prepared by a qualified professional engineer, showing:
a. The water and sewer system proposed within the subdivision, including analysis of flows, pressures, and other applicable hydraulic data; and

b. The proposed development’s impact on existing water and sewer facilities.
6.  To enable the Fire Chief to prepare such comments in a timely fashion, the Applicant shall submit to the Fire Chief, together with the items specified in section V.A.4 of these Rules and Regulations, documentation demonstrating:
a.  The quantity of water presently available at the site for fire suppression purposes.
b.  Compliance with applicable requirements of the current edition of the State Building Code and the General Laws affecting fire safety.

If any Town official or agency to whom notice is required to be given by this section requests copies of the plan, the Planning Board may require the Applicant to submit the plan to such Town official or agency.

B. Form and Content of the Definitive Plan

The Definitive Plan shall be drawn in black ink on one or more 24inch by 36inch mylar transparency sheets at a scale of 1inch to every 40feet or such other scale as the Planning Board may approve, except that sections and details may be shown to whatever scale as will ensure clarity.  If a Definitive Plan is drawn on multiple sheets, it shall be accompanied by an index sheet showing the entire proposed subdivision and a grid indicating the sheet number for each area of the plan.  Additionally, where multiple sheets are used, a “summary plan” shall be provided in which the entire subdivision layout and details are illustrated on one sheet so as to facilitate reference while in the field.

The Definitive Plan shall be adequate to determine readily the location, direction and length of every street and way line, lot line, boundary and municipal service facility within or adjacent to the proposed subdivision and to reproduce or locate them on the ground.  All bearings shall be true, magnetic, or grid, and the needle as shown on the plan shall so indicate. 

In addition to the requirements for Preliminary Plans, documented in Section IV. B, the Definitive Plan shall contain the following additional information:

1.   A locus map of the proposed subdivision drawn to a convenient scale between 1”=800’ and 1”=200’ inclusive to show on one sheet all of the proposed subdivision, all other adjacent land of the applicant and other adjacent properties to the nearest existing street in every direction.  Important ground features such as brooks, public areas, lot lines, easements and streets only need be shown in a general manner and labeled.  No dimensions need be given except where of specific importance in evaluating the subdivision.  The limits of the proposed subdivision shall be indicated by a heavy line and existing and proposed features should be distinguished by different lines, labeling or other methods;

2.  Each sheet of the plan set shall identify each drawing with reference to the matter shown thereon, and the title “Definitive Plan”

3.  Deed references and the date or dates of acquisition of the property and the name of current or former owners of abutting properties.

4.  Existing and proposed topographic contours shall be shown on the same drawing whenever excavation or fill in excess of two feet depth will be necessary at any lot in the subdivision.  Said contours shall be shown in two-foot intervals using dashed lines for existing and solid lines for proposed contours.  The contours must correspond to the existing and proposed grades of street shown on profile drawings. All elevations shall be North American Vertical Datum (NAVD) of 1988, and shall list and, where possible, show the bench marks used and their elevations;

5.  The proposed names of all streets within the proposed subdivision, shown in pencil until the Planning Board has approved them.  All proposed streets or ways shall be tied into the layout of the nearest acceptable local, county or state road;

6.  Reference to any required documents such as covenants or easements shall be inscribed on the plan; existing and proposed easements, covenants or restrictions applying to the property, together with a statement of the purpose thereof, including setbacks and other dimensional requirements set forth in the Rutland Zoning Bylaw;

7.  Suitable space to record the action of the Planning Board, including space for reference to any considerations or limitations of approval, the date, the signatures of the members of the Planning Board, and the Town Clerk’s certificate of no appeal;

8.  Existing and proposed drainage systems within or in the vicinity of the proposed subdivision, accompanied by drainage calculations prepared, stamped and signed by a registered professional engineer.  The drainage calculations and/or plan shall include design criteria, drainage area, soil borings and test pit logs, seasonal high groundwater table, and other information sufficient for the Planning Board to verify the adequacy of any proposed drain, drainfield, culvert, catch basin, detention stormwater management facility, or bridge, and to verify compliance with Department of Environmental Protection Stormwater Management Guidelines;

9.  Proposed provisions for handling any surface water that drains onto streets adjacent to the proposed subdivision or onto any property not owned by the Applicant, in such a manner as to not create drainage problems;

10.  Street and utility construction plans and profiles for each street, consisting of the layout plan of the street within the subdivision or beyond it to the limit of the proposed construction necessary to provide adequate access and connection of municipal services, and of a profile matching the layout and located whether above or below it for ease in locating corresponding points.
a. The plan shall show all street sidelines, centerlines, corner roundings, turnarounds (clearly identifiable as permanent or temporary), showing the length of each straight segment to the nearest one hundredth of a foot and the bearing thereof to the nearest five seconds or arc, and the length, central angle, radius, length of tangents for each curved segment to the same degree of precision as the straight lines and clearly identifying all nontangent curves.  The centerline of the roadway shall coincide with the centerline of the right-of-way.  Centerline stations shall be designated at 100-foot intervals and at or opposite points of tangency, angles in street line, manholes, catch basins and culverts.
b. The plan shall also show and clearly identify as such all existing and proposed construction features, such as pavement, walks, curbing, drains, catch basins, manholes, water mains, other underground conduits where known, retaining walls, traffic islands, grass plots, bituminous berms and gutters. 
c. The profile shall show the existing sidelines and existing and proposed centerlines with elevations every 50 feet and at all high and low points, and all proposed drains, catch basins, manholes, cleanouts, siphons and other appurtenances identifying the material, class or strength, and size of drains and the rate of grade for each section thereof in percent and giving centerline stations and invert elevations of all catch basins, manholes, cross drains or culverts.  The lines and figures relating to the proposed centerline and to proposed drains, water mains and their appurtenances shall clearly defined and/or labeled on the plan[  ]SECTION V.A.B.[PJB/JCM1].
d. All crossings of wetland resource or stream areas must have a detailed cross-section prepared with the following information:  depth of organic soils, proposed limits of work and excavation, culvert location and size, and any other available data pertinent to the design of the crossing.
e. The location of all existing monuments and significant property features including natural objects and surfaces such as stone walls, buildings, structures, historic sites, wells, subsurface sewage disposal systems, wetland resource areas, 100 year flood plain boundaries, natural drainage courses, waterways and bodies of water.

11.  The size and location of existing and proposed water mains, sewer lines, storm drains and appurtenant facilities for water, sewer and other municipal services within or in the vicinity of the proposed subdivision;

12.  Detail drawings:  any special construction features, deviating from or not covered by standard specifications, shall be shown on detail drawings.  Such detail drawings may be incorporated as part of a utility plan or profile information as to dimensions, locations, inverts, rim elevations, elevations, materials, etc., of all construction details involved.  The requirement for detail drawings shall be applicable, but not limited to, bridges, culverts, structurally stabilized slopes, utility piping encased in concrete, ditches and brooks shaped or constructed to a definite cross-section, dams and spillways, steps within the exterior lines of the street and similar construction features;

13.  Construction details of appurtenances, structures, and/or utilities and other pertinent information, as approved in conjunction with the approval of the Definitive Plan;

14.  A plan for the control of erosion and sedimentation, if required by Section VI.L of these Rules and Regulations;

15.  A plan for maintenance of the subdivision roads, right-of-ways, and easements for the time prior to acceptance by the Town.  The maintenance plan should include provision for the maintenance of roads including pavement, soil settling problems, street sweeping, snowplowing, maintaining vegetative stabilization; maintenance of right-of-ways and easements; erosion controls, fall leaf cleanup, catch basin and drainage systems components, including detention and retention basins, maintenance and cleaning, and other provisions as determined to be necessary by the Planning Board in consultation with the Department of Public Works Superintendent.

16. A statement on the plan or a narrative indicating the volume of earth to be removed; this requirement shall not preclude compliance with the Town of Rutland Earth Removal bylaw;

17.  A narrative statement of any variances, special permits, exceptions or other decisions issued for the property or for any existing or proposed building or structure thereon by any official Rutland Board or Commission or a court of competent jurisdiction; and including any zoning overlay districts.

C.  Traffic and Safety Study

In addition to the submissions required by section V.A of these Rules and Regulations, the Planning Board may require an Applicant to submit a traffic study of the proposed subdivision.  Such study shall conform to the scope specified by the Planning Board and shall be submitted, at least 15 days prior to the scheduled public hearing on the proposed subdivision, to the Planning Board, the Department of Public Works, the Fire Chief and the Police Chief for their review and comment, either on Form M-1 or otherwise.

 D.  Other Information

The Planning Board may require the Applicant to furnish such additional information as may, in the opinion of the Planning Board, be necessary to evaluate the feasibility of the proposed design of the subdivision.  Such information may include the results of any tests or copies of calculations used in design, reasons for excessive fill or excavation, crosssections of excavation of fill areas, copies of agreements granting the Applicant rights essential to development of the land and construction work involved, including the right of access over existing ways, or any analysis of environmental impacts prepared pursuant to M.G.L. c.30, §§6162H or other relevant statutes.

E.   Report of the Board of Health

Within 30 days of the submission of the Definitive Plan, the Board of Health shall report to the Planning Board, in writing, its approval or disapproval of the Definitive Plan, or recommendations for modification thereof or conditions to be required thereof.  In the event of disapproval or recommendation for modification or conditions, the Report shall include specific findings of fact in support of the Board of Health’s conclusions.

a.  If the proposed subdivision is to be serviced entirely by the Rutland Sewer System, failure by the Board of Health to report to the Planning Board within 30 days of the submission of the Definitive Plan shall be deemed to constitute approval of the Definitive Plan by the Board of Health.

b.  If the proposed subdivision is not to be serviced entirely by the Rutland Sewer System, a permit to construct a subsurface sewage disposal system to service each lot not proposed to be so serviced shall be obtained from the Board of Health, and a condition shall be inscribed on the Definitive Plan as follows:  “No building or structure shall be placed or built on any lot not serviced by the Rutland Sewer System without a subsurface sewage disposal system permit from the Rutland Board of Health.”

F.  Comments of Other Town Officials

Within 30 days of the submission of the Definitive Plan, any of the Town officials and commissions to whom notice is required to be given by Section V.A.4 of these Rules and Regulations may submit a Form M to the Planning Board including any recommendations for approval, disapproval or modification of the Definitive Plan, or conditions recommended to be required thereof.

1.   In the event that any such Town official or commission fails to submit such Form M, the Applicant shall submit a written statement to the Planning Board that:
a.  The Applicant has offered to meet with such official or commission to discuss the Definitive Plan; and
b.  The official or commission has declined to meet with the Applicant or has identified no problems with the proposed subdivision.

2.   Where appropriate, the Form M submitted by the Water Department shall comment advising the Planning Board regarding the availability of an adequate water supply; whether the Applicant should be required to install dry wells or other particular water facilities; and the approximate estimated cost of construction of such facilities and of connecting to the Town water system where feasible. 

3.   Where appropriate, the Form M submitted by the Sewer Commission shall include comments advising the Planning Board regarding the availability of sewage disposal capacity to service the proposed subdivision; whether the Applicant should be required to install particular sewer facilities; and the approximate estimated cost of construction of such facilities and of connecting to the Town sewer system.

4.   Where appropriate, the Form M submitted by the Department of Public Works (DPW) shall include comments advising the Planning Board regarding the approvals that the DPW will require in connection with the subdivision; any improvements to existing streets and ways that are made necessary by the development of the proposed subdivision; and the approximate estimated cost of construction of such improvements and of the streets and ways shown in the Definitive Plan.

5.   Where appropriate, the Form M submitted by the Fire Chief shall include comments advising the Planning Board regarding the Definitive Plan’s proposed street names and configurations, hydrant locations, special water supply facilities, water flow tests and any other matter pertaining to the safety and welfare of the public. 

6.   Where appropriate, the Form M submitted by the Police Chief shall include comments advising the Planning Board regarding the Definitive Plan’s proposed street names and configurations, and any other matter pertaining to the safety and welfare of the public.

7.   Where appropriate, the Form M submitted by the Conservation Commission shall include comments advising the Planning Board regarding the approvals that the Conservation Commission will require in connection with the subdivision.

G.  Public Hearing

Upon determination by the Planning Board that the application for approval of the Definitive Plan is complete, the Planning Board shall set a date for the public hearing and so notify the Applicant.  Notice of the hearing shall be arranged by the Planning Board, at the Applicant’s expense, by advertisement in a newspaper of general circulation in Rutland in each of two successive weeks, the first publication being not less that 14 days before the day of the hearing, and by mailing, by certified mail, return receipt requested, not less than 10 days before the date of hearing, a copy of the advertisement to all abutters and parties in interest. 

H.   Performance Guarantee

Prior to endorsement of its approval of a definitive plan, the Planning Board shall require that the construction of ways and the installation of municipal services, including drainage, be secured by any one or combination of the methods described in paragraphs 1 – 4 below and consistent with the provisions of M.G.L. c. 41 §81-U. The penal sum of any such bond held under paragraph 2 or any deposit held under paragraph 3 or any amount of funds retained pursuant to an agreement under paragraph 4 shall bear a direct and reasonable relationship to the expected cost including the effects of inflation, necessary to complete the subject work.

1. Final Approval with Covenant:  The Applicant may request approval of a Definitive Plan on condition that no lot in the subdivision be sold and no building erected thereon, until specified improvements are constructed and installed so as to serve the lot or lots adequately, or alternatively until such time as a bond as described in paragraph 2 below is posted and approved.  Such condition shall be referred to on the plan and recorded in the Registry of Deeds.  Nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the planning board. The Applicant shall promptly send a copy of the covenant (Form D), showing the book and page on which it is recorded, to the Planning Board. 


2.  Final Approval with Proper Bond: Before approval of a subdivision, or following approval with Covenant as described above, the Applicant shall post a bond, sufficient in the opinion of the Planning Board, to cover the cost, plus 10 percent of all or any part of the improvements specified in Section VII of these Rules and Regulations. 

3.   Final Approval Secured by Deposit of Money:  Before approval of a subdivision, or following approval with Covenant as described above, the Applicant shall deposit money or negotiable securities in an amount determined by the Planning Board to be Letters of credit shall not be acceptable.  Passbooks shall be accompanied by a properly executed assignment of the funds to the Town of Rutland.  A Deposit of money to a Town escrow account, or a Money Market Savings account may also be used if and only if opened in the name of the Town of Rutland or alternatively jointly with the party posting the bond and the Town, with a requirement for two signatures for any withdrawal or closure. (See Form G)

4.   Final Approval Secured by Tri-Party Agreement:  Before approval of a subdivision, or following approval with Covenant as described above, the Applicant may deliver to the Planning Board an agreement executed after the recording of a first mortgage covering the premises shown on the plan given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the Planning Board and otherwise due the applicant, to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work, and shall further provide that in the event the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be available for completion.

5.   Phased Bonding:  Ordinarily, the Planning Board will require a bond amount covering the cost of construction of all roads and other improvements within the proposed subdivision, but it may permit a bond amount covering the cost of construction of only a portion of the roads and other improvements if, in the opinion of the Planning Board, safe and convenient vehicular circulation can be provided by such portion, including a temporary turnaround if required by the Planning Board.  Where only a portion of the entire approved subdivision is bonded, no lots will be released in portions of the subdivision not covered by the bond until such bond is received for those portions.  An estimate may be requested from the Planning Board; the estimate will remain effective for 90 days.  The estimate will reflect the cost for the Town to complete the work under adverse conditions, which may necessitate legal fees, public bidding, additional staff time, etc.

6.   Approval of Form:  Such bond or other security shall be approved as to form and manner of execution by Town Counsel, and as to sureties by the Town Treasurer, and shall be contingent upon the completion of specified improvements within no more than one year from occupancy of the first house, or date of deposit agreement, whichever is earlier.  Failure to complete such improvements may constitute grounds for rescission of approval of the Definitive Plan.

7.  Release:  A Covenant shall not be released until such time as all required improvements specified in Section VII are complete or other conditions of the covenant are satisfied, or alternatively such time as a Bond or money is posted or a Tri-party agreement is executed.  When the Applicant has completed or partially completed the required improvements specified in Section VII for any work in the subdivision that is covered by a bond, the Applicant may request in writing stating reasons therefor, a release or reduction in the amount of the security related to said work.  If the improvements have been completed to the satisfaction of the Planning Board, it will then execute and deliver to the Applicant such release, Form H (with provision of surety) or Form H-1 (with certificate of performance), which shall be recorded in the Registry of Deeds. Thereupon, the conditions relating to such lots as released shall terminate.

If the Applicant requests in writing, a release of conditions to said lots, and the Planning Board determines that said construction or installation has not been completed to its satisfaction, it shall specify to the Applicant, in writing, the manner in which said construction or installation fails to comply with its Rules and Regulations or the conditions of its approval of the Definitive Plan. If the Planning Board fails to respond within 45 days after the receipt of a request for release of conditions, all obligations under the bond shall terminate by operation of law, any deposits shall be returned and any such covenant shall become void.  In the event that said 45day period expires without such specification, or without the release and return of the bond, or the deposits, or the release of the covenants, the Town Clerk shall issue a certificate to the effect, duly acknowledged, which may be recorded.[  ]C. Traffic and Safety StudyD.E.F.G.H.[PJB/JCM2]. 

8.  Notwithstanding the provisions set forth in this section, no bonds shall be released until the provisions of Section VIII.E have been satisfied.

I.  Definitive Plan Approval

Within 90 days of submission of the Definitive Plan or 135 days if a Preliminary Plan has not been filed, the Planning Board shall approve the Definitive Plan with or without modifications suggested by the Planning Board and or Board of Health or agreed upon by the Applicant, or shall disapprove the Definitive Plan giving the reason or reasons for such disapproval. A Planning Board determination that an application is incomplete or that insufficient information has been supplied by the Applicant shall be grounds for disapproval.  In the event that the Board finds the submission incomplete, it may 1) allow the applicant to resubmit the application without prejudice, 2) agree to a continuation of the hearing in order to extend the time for making a decision, or 3) deny the application. 

The time within which the Planning Board must act on the Definitive Plan may be extended by the Planning Board upon written request of the Applicant or its agent and such notification request shall be filed with the Town Clerk.  The action of the Planning 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 delivery or certified mail to the Applicant.  If the Planning Board modifies or disapproves such plan, it shall state in its vote the reasons for such action.

J.  Certificate of Action

The Planning Board shall send a written certificate of its action to the Town Clerk within 90 days of submission of the Definitive Plan, 135 days if a Preliminary Plan has not been filed, or such later time as has been requested in writing by the Applicant.  Such certificate shall also be sent to the Applicant.

K.  Appeal Period, Record Plans

In accordance with M.G.L. c. 41 §81-V, final approval of a Definitive Plan, if granted, shall be endorsed on the mylar sheet(s) of the Definitive Plan by the signatures of the majority of the Planning Board, but not until 20 days has elapsed following the filing of the certificate of the action of the Planning Board with the Town Clerk and the Town Clerk has notified the Planning Board that no appeal has been filed.  Following such endorsement, the Planning Board shall require, at the Applicant’s expense, five (5) sets of all endorsed Plans and drawings submitted to the Planning Board in conjunction therewith, as approved, plus three extra key sheets, which plans and drawings shall be plainly marked “Records Plans.”  An electronic copy of Definitive Plans shall also be submitted to the Planning Board on a 3.5-inch disk or compact disk (CD).

One print of the plan shall be retained in the files of the Planning Board and other prints, with a notation on the Board’s action, shall be filed by the Planning Board with the Inspector of Buildings, the Town Clerk, the Board of Health and the Board of Assessors.

L.  Recording of Plans

The approved “record plan” and any supplementary documentation (including the Certificate of Action, Covenant and any other required forms) shall be recorded by the Applicant at the Worcester County Registry of Deeds.  The Applicant shall forward a copy of the approved plan and recording information to the Planning Board upon within 30 days.





I.J.K.L.[PJB/JCM1]red ink – expensive? And onerous?  Doesn’t reproduce in color – really necessary?

1.  [PJB/JCM2]Deleted Text:  Labor and Materialman’s Bond:  Irrespective of whether the Applicant follows paragraph 1 or 2 of this subsection, a labor and materialman’s bond shall be filed in an amount of at least fifty percent (50%) of the specified improvements.  Such bond shall be in one of the acceptable forms specified in paragraph 1 of this subsection. Contemporaneously with the filing of said bond, the Applicant shall submit to the Planning Board for approval a list of the contractor(s) or subcontractor(s) who will carry out any of the specified construction or installation work.  Thereafter, any amendments, additions, deletions, or substitutions to the approved list shall be submitted to the Planning Board for approval.

Prior to approving said contractor(s) or subcontractor(s), the Planning Board shall obtain the recommendations of the Consultant Engineer and Town Engineer, who in developing their recommendation, shall rely solely on applicable licenses and the ability, experience, and prior performance of the contractor/subcontractors in carrying out the type of work to be performed.



 
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