Paid Advertisement
|
|
Paid Advertisement |
|
|
|
Kingston Subdivision Rules: Page 1 |
To Advertise Call 781-585-0037 |
|
|
|
|
KINGSTON SUBDIVISION RULES AND REGULATIONS Page 1 of 2
SECTION 1.0. AUTHORITY, PURPOSE AND EFFECT 2.3. Source of Information Required 2.4. More Than One Building for Dwelling Purposes on a Lot 2.5. Fee and Costs 2.6. Compliance With These Rules and Regulations and Waivers 2.7. Compliance With Zoning Bylaw 2.8. Criteria for Board Action 2.9. Other Required Plans
SECTION 3.0 PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS SECTION 1.0. AUTHORITY, PURPOSE AND EFFECT 1.1. Authority 1.1.1. Under the authority in the Planning Board of the Town of Kingston by Section 81-Q of Chapter 41 of the General Laws, said Board hereby adopts these rules and regulations governing subdivision of land in the Town of Kingston. 1.2. Purpose 1.2.1. These subdivision regulations have been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the Town by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and insuring sanitary conditions in subdivisions and in proper cases parks and open areas. The powers of the. Planning Board and of the Board of Appeals under these regulations shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning by-laws; for securing adequate provision for water distribution, sewerage, drainage, underground utility services, fire, police and other municipal equipment, protection of natural water sources, flood control wetland areas, and other requirements where necessary in a subdivision; for protecting, promoting and enhancing the natural beauty and amenities of the Town; and for coordinating the ways in a subdivision with each other and with the ways in neighboring subdivisions. 1.3. Effect 1.3.1. The following rules and regulations shall from and after the effective date thereof govern the subdivision of land within the Town of Kingston and no person shall subdivide land in the Town of Kingston after such effective date without complying with these regulations and first obtaining from the Planning Board either approval of the Definitive Plan for the proposed subdivision or the endorsement "Approval Under the Subdivision Control Law Not Required" upon such plan. The effective date is when the Board has notified the Register of Deeds and the Recorder of the Land Court of their adoption. SECTION 2.0 GENERAL 2.1. Definitions 2.1.1. Where the terms below are defined also in Chapter 41, Section 81-L, the definition in said Chapter shall govern, unless a contrary intention clearly appears. In addition, the following words shall have the following meaning: 2.1.2. As used in these rules and regulations, the following words or terms shall have the following meanings: Applicant. A person, as hereinafter defined, who applies for the approval of a plan of a subdivision or a person who applied under Section 3.0. "Applicant" shall include an owner, or his agent or representative, or his assigns. (See Chapter 41, Section 81-L, GL.) Bench Mark. A mark made in a durable object of known position and elevation as a reference point. Bikeway. A way designed for travel on a bicycle or similar unpowered vehicle. Board. The Planning Board of Kingston. Certified By. Certified by or endorsed by the Planning Board, as applied to a plan or other instrument required or authorized by the subdivision control law to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Planning Board, or by its chairperson or clerk or any other person authorized by it to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and Recorder of the Land Court, signed by a majority of the Board. (Section 81-L of Chapter 41. G.L.) Common Driveway. Any drive, right-of-way or private way which provides access to two (2) lots but which does not qualify as a street for determining frontage under Chapter 40A and 41 of the General Laws of Massachusetts. Designer. A Professional Civil Engineer, Landscape Architect or Land Surveyor registered to practice in Massachusetts. All work defined as professional engineering or surveying shall be done by or under the direct supervision of a registered professional engineer or surveyor. Develop. To construct a street, install utilities, erect a house or other structure, or in any way to improve a lot substantially. Developer. A person (as hereinafter defined) who develops under a plan of a subdivision approved under Section 3.0. of these Rules and Regulations. Easement A right acquired by public authority or other person to use or control property for a utility or other designated public purpose. Frontage. The linear extent of a lot measured in a continuous line along the street right-of-way from the intersection of said right-of-way with one side lot line to the intersection with the other side lot line of the same lot, but not including any portion thereof devoted to a right-of-way or a driveway serving more than one lot or dwelling unit. Frontage must provide vehicular access to the lot from the right-of-way counted for frontage unless otherwise approved by the Planning Board on a Definitive Plan submitted in accordance with Chapter 41, General Laws or approved by the Planning Board in the same manner as a Definitive Plan. (See also Section 2.7.1.) General Laws. (Abbreviated G.L.) The General Laws of Massachusetts. In case of a rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification. Lot. An area of land in one (1) ownership with definite boundaries used, or available for use, as the site of one (1) or more buildings and buildings accessory thereto. (Section 8 I-L of Chapter 41 G.L.) Low Density Area. An area where the lots are used for single family dwellings and where each lot is at least thirty thousand (30,000) square feet. Monument. A permanent marker to indicate a boundary. Municipal Service. Services such as sewers, water drains, water pipes, gas pipes, electrical lines, telephone lines, fire alarm system, cable, similar systems and their respective appurtenances. (Section 81-L of Chapter 41 G.L.) Owner. As applied to real estate, the person holding the ultimate fee simple title to a parcel, tract or lot of land, as shown by the record in the appropriate Land Registration Office, Registry of Deeds or Registry of Probate. Person. An individual, or two (2) or more individuals, or a group or association of individuals, a partnership or a corporation having common or undivided interests in a tract of land. Plan: Approval Not Required. A plan of a proposed subdivision or re-subdivision of land prepared and submitted in accordance with Section 3.0. with the appropriate application to the Planning Board meeting all of the requirements for Approval Not Required. Plan: Definitive. The plan of a proposed subdivision of land prepared and submitted in accordance with Section 3.0. to the Board for approval (with appropriate application) to be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board, and such plan when approved and recorded; all as distinguished from a preliminary plan. Plan: Preliminary. A plan of a proposed subdivision. or re-subdivision of land prepared and submitted together with the appropriate application in accordance with Section 3.0. to facilitate the proper preparation of a definitive plan. Planned Residential Development: A development in accordance with Section 5.3. of the zoning Bylaw of the Town of Kingston. Planning Board Agent. Town employee or consultant authorized by the Planning Board to review subdivisions and administer the regulations. Recorded. Recorded shall mean recorded in the Registry of Deeds of Plymouth County, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court. (Section 81-L of Chapter 41 G.L.) Registry Of Deeds. Registry of Deeds shall mean the Registry of Deeds of Plymouth County, and when appropriate, shall include the Land Court. (Section 81 -L of Chapter 41 G.L.) Roadway. That portion of a way which is designed and constructed for vehicular travel. Rules and Regulations. The Rules and Regulations Governing the Subdivision of Land. Sidewalk. A way within the street right-of-way, generally parallel to the street, designed for use by pedestrians. Standard Specifications. "The Commonwealth of Massachusetts, Department of Public Works, Standard Specifications for Highways and Bridges", 1988 edition, as amended. Street. A way either shown on a definitive plan submitted, approved and recorded in accordance with the subdivision control law or otherwise qualifying a lot for frontage under the subdivision control law. Street, Major. A street intercepting one (1) or more minor and/or secondary streets (s) and which, in the opinion of the Board, is used or will be used to carry a substantial volume of traffic (generally, over four hundred (400) vehicles per day) from such minor and/or secondary street (s) to a major street or community facility, and normally including a principal entrance street to a shopping center, industrial park, planned residential area, or a large subdivision, or group of subdivisions, and any principal circulation street within such subdivision. Street, Minor. A street which, in the opinion of the Board, is being used or will be used primarily to provide access to no more than ten (10) abutting lots and which is not designed to be used for through traffic. Street, Primary. A street which, in the opinion of the Board, is being used or will be used as a thoroughfare within the Town of Kingston or which will otherwise carry a heavy volume of traffic (generally, over fifteen hundred (1500) vehicles per day). Street, Secondary. A street which, in the opinion of the Board, which will normally carry between one hundred (100) and four hundred (400) vehicles per day. Subdivision. "The division of a tract of land into two (2) or more lots and shall include re-subdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law, if at the time when it is made, every lot within the tract so divided has a frontage on (a) a public way, or a way which the Town Clerk of the Town of Kingston certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or (c) a way in existence when the Subdivision Control Law became effective and having in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by the Zoning Bylaw. Conveyances or other instruments adding to, taking away from, or changing the size and shape of lots in such a manner as not to leave any lot so affected without the frontage above set- forth, or the division of a tract of land on which two (2) or more buildings were standing when the Subdivision Control Law went into effect in the Town into separate lots on each of which one (1) of such buildings remains standing, shall not constitute a subdivision." (Section 81-L of Chapter 4l G.L.) Subdivision Control. The power of regulating the subdivision of land granted by the Subdivision Control Law, Chapter 41, Sections 81 -A through GG inclusive, as hereinafter amended. Super Elevation. Super elevation is the decimal fraction of a foot of rise per foot of horizontal cross section. Town. Town of Kingston, unless otherwise specified. Trails. A path or track made by or reserved for the passage of persons and/or animal , usually through undeveloped land. Trees, Large. Trees twenty-four (24) inches or more in caliper four (4) feet above the ground. Walkway. A way designed for pedestrian use, not necessarily parallel to a travelled way, as contrasted to a sidewalk. Way. A way is synonymous with the terms road, street, highway and avenue, and shall denote any such line or route for passage, whether public or private. Way, Accepted. An accepted way is a way which has been accepted as a public way by vote of the Town. (See also 2.9.2.) Width. The width of a way shall be the width of the strip of land laid out, designated, acquired and/or dedicated for the use of such way. Such width includes the spaces for vehicular travel, sidewalks, edgestone and planting spaces where required. 2.2. Approved Plan Required 2.2.1. No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town, or proceed with the improvement for sale of lots in a subdivision, or the construction of ways, or preparation therefore or the installation of utilities and municipal services therein, unless and until a definitive plan of such subdivision has been submitted, approved and endorsed by the Planning Board as hereinafter provided (Amended November 30, 1998) 2.3. Source of Information Required 2.3.1. In those cases in which the land shown on the plan is abutted by land of an owner not the owner of the land as shown, the Board may require a-statement from the person who prepared the plan as to the source or sources of the information about the location of boundaries. A separate form for such statement will be furnished by the Board. Form D-Designer's Certificate (Appendix). 2.4. More Than One Building for Dwelling Purposes on a Lot 2.4.1. Not more than one (1) building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town, without the consent of the Planning Board. Such consent may be conditional upon the providing of adequate ways furnishing access to each such building and adequate improvements in the same manner as otherwise required for lots within a subdivision. 2.5. Fee and Costs. 2.5.1. There shall be a minimum filing fee for each plan application submitted to the Board for consideration, which fee shall be paid upon submission of the plan. 2.5.1.1. The fee for a plan submitted under Section 3.1. shall be one hundred ($100.00) dollars for the first lot division, and fifty ($50.00) dollars for each additional lot division thereafter shown on the plan. (Amended November 30, 1998) 2.5.1.2. The minimum fee shall be one ($1.00) dollars per linear foot of street shown within the subdivision on a preliminary plan, or a definitive plan if a preliminary plan is not submitted. 2.5.1.3. All expenses for advertising, mailing, notices, secretarial services, engineering, professional planning review and legal review as deemed necessary by the Planning Board, plans, construction, inspection, recording and filing of documents and all other expenses in: connection with a Preliminary Plan, Definitive Plan and development of a subdivision through the final inspection and approval, shall be borne by the applicant and shall be in addition to the filing fee. 2.5.1.4. The applicant shall place a sum in escrow with the Kingston Planning Board and the Town of Kingston in accordance with Massachusetts General Laws, Chapter 44, Section 53, to be used for the payment of these costs. The amount will be determined by the Planning Board based on estimates made from similar subdivisions and shall be added to as needed, within thirty (30) days of a request by a Planning Board. 2.5.2. Failure of the applicant to comply with the requirements of this Section shall be deemed adequate cause for disapproval of the plan. 2.5.3. Upon endorsement of a Definitive Plan, the developer shall place a sum 'in escrow with the Kingston Planning Board and the Town of Kingston in an inspection account to be used for the payment of inspection costs in accordance with the inspection schedule (See Section 6.4.). The amount will be determined by the Planning Board based on estimates made from similar subdivisions and shall be added to as needed, within thirty (30) days of a request by the Planning Board. Any sum remaining in escrow at the time of approval of the Definitive Plan shall be credited to this account. 2.6. Compliance With These Rules and Regulations and Waivers 2.6.1. All plans and all procedures relating to subdivisions and to plans not requiring approval shall conform in all respects to the provisions of these Rules and Regulations unless otherwise authorized by the Planning Board in writing when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. 2.6.1.1. Any such requests for waivers from these Rules and Regulations must be submitted by the applicant to the Planning Board in writing. Approval by the Board must be by vote and confirmed to the applicant in writing and shall become a part of the application. 2.6.2. All requirements of these regulations for a definitive plan shall be met except as may otherwise be provided for a planned residential area in the Zoning Bylaw. 2.6.3. No rules can effect size, shape, width, frontage or use of lots except that compliance with the requirements of the zoning bylaw will be required. 2.6.4. No lots shall be released until ten (10) copies of an approved, endorsed and recorded plan have been received by the Town Clerk. (Amended March 11, 1996) 2.7. Compliance With Zoning Bylaw 2.7.1. The Planning Board shall not approve or modify and approve any plan of a subdivision of land unless all buildings, structures and lots shown on said plan comply with the Zoning Bylaw of the Town of Kingston. 2.8. Criteria for Board Action 2.8.1. The Board in considering any proposed subdivision plan will be concerned with the requirements of the community and the best use of the land being subdivided. 2.8.1.1. Particular attention will be given to width, arrangement and location of streets, sanitation, drainage, size and arrangement of lots, open areas, parks, retention of major site features and to land uses which preserve the character of the Town. 2.9. Other Required Plans 2.9.1. Special permits and certain site plans, e.g., planned residential development, multiple dwellings and mobile home parks, which now or in the future require submittal and/or approval in the same manner as a Definitive Plan shall be submitted in accordance with Section 3.3., except for such items as the Planning Board waives in accordance with Section 6.1. and except that the Performance Guarantee shall be in accordance with Section 3.5.1.2.a, b and d, only. 2.9.2. Prior to acceptance by the Town private ways not shown on a Definitive Plan and approved by the Planning Board, which are submitted to the Planning Board under authority of Massachusetts General Laws Chapter 41, Section 811, shall comply with the following: 2.9.2.1. As built plans, legal descriptions and deeds shall be filed by the applicant as required in Section 3.3.15. 2.9.2.2. Except for items waived by the Planning Board in accordance with Section 6.1. the way (s) shall meet the Design Standards contained in Section 4.0. 2.9.2.3. Construction of the way (s) shall be in accordance with the applicable requirements of Section 5.0. 2.9.2.4. A maintenance bond shall be posted in accordance with Section 5.14. SECTION 3.0 PROCEDURE FOR THE SUBMSSION AND APPROVAL OF PLANS 3.1. Plan Believed Not To Require Approval 3.1.1. Submission of Plan 3.1.1.1. Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law shall submit the plan, the required filing fee, eight (8) contact prints and properly executed forms A and E (See Appendix) to the Planning Board at a regularly scheduled meeting accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination accompanied by a copy of said application and describing the land to which the plan relates sufficiently for identification. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor. 3.1.2. Form and Contents of Plan 3.1.2.1. Said plan shall be of the dimensions twelve by eighteen (12 x 18) inches, eighteen by twenty-four (18 x 24) inches, or twenty-four by thirty-six (24 x 36) inches and shall be prepared in such a manner as to meet the Registry of Deeds and/or Land Court requirements for recording and shall contain the following information: a.) Identification of the plan by name of owner of record "deed reference" and location of the land in question. b.) The statement "Approval Under Subdivision Control Law Not Required", and sufficient space for the date and the signatures of all five (5) members of the Board. c.) Zoning classification and location of any Zoning District Boundaries that may lie within the locus of the plan. d.) In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown. e.) Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances and exceptions, regarding the land or any buildings thereon. f ) A list of abutters from latest available Assessor's records unless the applicant has knowledge of any change subsequent to the latest available Assessors' records. Form E, Certified List of Abutters. g.) Names and status of private and public streets and ways shown on the plan. h.) Bearings and distances of all lines of the lot or lots shown on the plan and the distance to the nearest permanent monument. The plan shall show a minimum of three (3) permanent bounds. i.) The location of all existing buildings on the land shown on the plan or within fifty (50) feet of its boundaries including set back and side and rear yard designations as required by zoning. j.) Existing contours at five (5) foot intervals and the location of any topographic features which interfere with the use of the frontage for access. Contours shall be based on the U.S.C. & G.S. Datum. A benchmark shall be shown on the plan. k.) Location of all bounds, brooks, fences, walls and bodies of water, including, but not limited to, streams, brooks, water courses, ponds, lakes and other standing bodies of water. Said plan shall reflect the average annual high water level with respect to any such bodies of water. 1.) A locus map at a scale not to exceed one thousand (1000) feet to the inch. 3.1.3. Endorsement of Plan Not Requiring Approval 3.1.3.1. If the Board determines that the plan does not require approval, it shall without a public hearing and within twenty-one (21) days of submission, endorse on the plan the words "Approval Under the Subdivision Control Law Not Required." Such endorsement shall not be deemed to constitute any determination of compliance with requirements of the Zoning Bylaw. The Board shall also notify the Town Clerk of its determination. 3.1.3.2. The Planning Board may add to such endorsement a statement of the reason or reasons approval is not required. The original copy of the plan shall be returned to the applicant, who shall file it with the Registry of Deeds within six (6) months, and return a receipt of filing to the Planning Board within seven (7) months. These communications shall be sent by certified mail with return receipt requested. 3.1.4. Determination that Plan Requires Approval 3.1.4.1. If the Planning Board determines that the plan does require approval under the Subdivision Control Law, it shall, within twenty-one (21) days of the submission of the plan, so inform the applicant in writing and return the plan. The Planning Board shall also notify the Town Clerk in writing of its action. 3.1.5. Failure of Board to Act 3.1.5.1. If the Planning Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the person submitting the plan of its action within twenty-one (21) days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required, and it shall forthwith make such endorsement on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect. 3.2. Preliminary Plan 3.2.1. General 3.2.1.1. The submission of such a Preliminary Plan will enable the subdivider, the Planning Board, the Board of Health, the Superintendent of Streets, the Police Department, the Fire Department and other Town agencies and owners of property abutting the subdivision to discuss and clarify the details of such subdivision before a Definitive Plan is prepared. Therefore, it is strongly recommended that a Preliminary Plan be filed in each case. It is also recommended that a "Concept" meeting with the Planning Board be requested by the Applicant prior to the preparation of said plan and application to assure that the requirements of these Regulations are understood and will be met. 3.2.2. Filing Procedure 3.2.2.1. Any person who wishes to create a subdivision may submit a Preliminary Plan, which to be accepted as duly submitted, shall be submitted at a regularly scheduled meeting of the Board and the applicant shall include the following with the submission: a) The Preliminary Plan and eight (8) prints thereof; b) Properly executed Application Forms B, D & E; (Amended March 11, 1996) c) The minimum filing fee (See Section 2.5.). 3.2.2.2. Any person submitting a Preliminary Plan shall give written notice to the Town Clerk by delivery or registered mail; such notices shall identify the tract, the date of submission, and the name and address of the owner and applicant. (Use Forms B & C-C) (Amended March 11, 1996) 3.2.2.3. The applicant shall file five (5) contact prints with the Board of Health. The applicant shall obtain a receipt from the Board of Health. (Use Form C-3) (Amended March 11, 1996) 3.2.3. Contents 3.2.3.1. The Preliminary Plan shall be drawn on paper with pencil, at a suitable scale and to form a clear basis for discussion of the details of the subdivision and for preparation of the Definitive Plan, the Plan shall contain the following: 3.2.3.2. Subdivision name, boundaries, north point, date, scale legend, the title, "Preliminary Plan", and the name of the nearest existing way abutting the land in question as part of the deed. 3.2.3.3. Names and address of record owner, deed reference, subdivider and designer, engineer or surveyor, which shall appear in the lower right hand corner. 3.2.3.4. The names of all abutters, as determined from the last assessment, and, if the applicant has knowledge of changes in the list, to new abutters. Form E, Certified List of Abutters. 3.2.3.5. The locus of the land, drawn at a scale of one thousand (1,000) feet to the inch, shown on the plan with sufficient information to accurately locate the plan. 3.2.3.6. Existing and proposed lines of streets, ways, cartpaths, and/or rights of way, easements and public or common areas within the subdivision in a general manner. Proposed names and numbers of proposed streets shall be shown in pencil until they have been approved by the Planning Board after review by the Fire Chief and E911 Committee. 3.2.3.7. Proposed systems of sewage disposal, drainage including adjacent existing natural waterways and water installations, including easements, in a general way and adjacent existing natural waterways intended to receive drainage effluent. 3.2.3.8. Proposed locations of fire boxes, if any and hydrants. 3.2.3.9. The approximate boundary lines of proposed lots with approximate areas and dimensions with each lot numbered in accordance with the Kingston Board of Assessor's system. 3.2.3.10. Location, names and present widths of adjacent streets or streets approaching or within reasonable proximity of the subdivision. 3.2.3.11. Profiles of existing grades and approximate proposed finished grades of the streets and utilities at a vertical scale of one (1) inch to each four (4) feet, which may be submitted on separate sheets. 3.2.3.12. Existing and proposed topography, based on U.S. Coast and Geodetic Datum, at two (2) foot contour intervals for "gentle" slopes (zero (0) to five (5) percent) and five (5) foot contour intervals for "steep" slopes (more than five (5) percent). Bench mark shall be shown on the plan. 3.2.3.13. A sketch plan, acceptable to the Board, showing a possible or prospective street layout for any adjacent land owned or controlled by the owner or the applicant of the subdivision. 3.2.3.14. If the Preliminary Plan Application contains more than one (1) sheet or drawing, each sheet or drawing must be titled and numbered and an index showing the contents of each sheet or drawing inserted on the upper left hand comer of the "Preliminary Plan" layout, or as a separate sheet. 3.2.3.15. Major features of the land such as existing walls, fences, monuments, buildings, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways. Where available, aerial photographs may be required. 3.2.4. Additional Filing Requirements 3.2.4.1. Covenants or restrictions applicable to the area shown on the plan. 3.2.4.2. The zoning classification of land shown on the plan together with any zoning boundary lines within or near the subdivision, if any. 3.2.4.3. Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances and exceptions, regarding the land or any buildings thereon. 3.2.4.4. A written signed and dated document indicating waivers to these Regulation, which may be requested or desired, including the purpose or reason for such waiver. 3.2.5. Approval of a Preliminary Plan 3.2.5.1. The Preliminary Plan, when submitted, will be studied in order to determine whether it is in compliance with the requirements of design adopted by the Board (see Section 4.0). 3.2.5.2. The Planning Board may give such Preliminary Plan approval, with or without modification or suggestion, after the Board's review with the Board of Health, Conservation Commission, Water Department, Street Department, Police Department, Fire Department and the Planning Board Agent. Such approval does not constitute approval of the subdivision but facilitates the preparation of the Definitive Plan and obtaining final approval thereof 3.2.5.3. Approval shall be effective for seven (7) months or until a Definitive Plan evolving from the Preliminary Plan is filed, whichever comes first. Within forty-five (45) days after the submission of a Preliminary Plan the Board shall notify the applicant by certified mail that the plan has been approved, or that the plan has been approved with modifications suggested by the Board or agreed upon by the applicant, or that the plan has been disapproved. In the event of disapproval, the. Planning Board shall state the reasons for its disapproval in accordance with Section 81-U of Chapter 41. The Planning Board shall notify the Town Clerk of its. approval or disapproval as the case may be. After endorsement, the original of the Preliminary Plan will be returned to the applicant. 3.2.6. Disapproval of a Preliminary Plan 3.2.6.1. In the event of disapproval of a Preliminary Plan, the Planning Board shall state the reasons for its disapproval in accordance with Section 81-U of Chapter 41, G.L. and the original of the plan shall be returned to the applicant. 3.2.7. Failure of the Board to Act 3.2.7.1. If the Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the persons submitting the plan of its action within forty-five (45) days after its submission, it shall be deemed to have approval under the Subdivision Control Law and the Planning Board shall forthwith make such endorsement on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect. 3.3. Definitive Plan 3.3.1. General 3.3.1.1. The Definitive Plan shall conform substantially to the Preliminary Plan as approved but may constitute only that portion which is proposed to be recorded and developed at the time. The Planning Board may disapprove a Definitive Plan if it violates sound land use planning principles and design, even though all requirements hereinafter enumerated are met. The subdivision rules and regulations and zoning in effect at the time of the submission of the Preliminary Plan shall govern the Definitive Plan if it is duly submitted within seven months. 3.3.2. Filing Procedure 3.3.2.1. For a Definitive Plan to be accepted as duly submitted with these Rules and Regulations and the General Laws of Massachusetts, any person who submits a Definitive Plan of a Subdivision to the Planning Board for approval shall file with the Planning Board all the items required by Section 3.3. and unless previously filed with a Preliminary Plan, the minimum filing fee (see Section 2.5.). Such submission shall be simultaneously submitted, that is filed with the Town Clerk the day of the Planning Board meeting, at a regularly scheduled meeting of the Board and shall include, as a minimum, the following: a.) An original drawing of the Definitive Plan and twelve (12) contact prints thereof, dark line on white background. b.) Two (2) copies of a properly executed application Form C, Application for Approval of a Definitive Plan (see Appendix) including the time within which the applicant agrees to complete the ways and install the public utilities in the subdivision; Form D, Designer's Certificate (see Appendix); and a Certified List of Abutters, Form E, (see Appendix). (Amended November 30, 1998) 3.3.2.2. The applicant shall file by delivery or registered mail a notice to the Town Clerk (using Form C-C, with required materials) stating the date of submission of such application for approval, accompanied by a copy of the completed Application for Approval of Definitive Plan (Form C) and a copy of all information that was submitted to the Planning Board. (Amended March 11, 1996) 3.3.2.3. In accordance with Chapter 41, Section 81-0, Massachusetts General Laws, a written notice of submission shall be given to the Town Clerk by delivery or registered mail. Further, in accordance with Chapter 41, Section 81-0, Massachusetts General Laws, a copy of said plan shall be filed with the Kingston Board of Health. 3.3.2.4. The numbering of all subdivision lots and maps scales shall be consistent with the requirements of the Assessors' Office prior to formal submission to the Board to ensure consistency between applicant's and Town's records. (Amended January 29, 1996) 3.3.2.4. The applicant shall file five (5) contact prints with the Board of Health. The applicant shall obtain a receipt from the Board of Health. (Use Form C-3). (Amended March 11, 1996) 3.3.3. Plan Preparation 3.3.3.1. The Definitive Plan shall be prepared by a professional engineer and a land surveyor registered in Massachusetts and shall be clearly and legibly drawn in black, India ink upon tracing cloth, mylar or similar substance to the following standards: a.) The classification and precision of surveys shall conform to Class A or better of the most recent Land Court Manual of Instructions, Commonwealth of Massachusetts. It is required that all other survey and Definitive Plan preparation, where not herein specified, be guided by the Manual of Instructions. b.) The plan shall be at a scale of one (1) inch equals forty (40) feet, or such other scale as the Planning Board may accept to show details clearly and adequately. c.) Plans and profiles of each individual street shall be at a scale of one (1) inch equals forty (40) feet horizontal and one (1) inch equals four (4) feet vertical. d.) All elevations shall refer to the most recent U.S. Coast and Geodetic Datum. Sheet sizes shall be twenty-four (24) by thirty-six (36) inches including a two (2) inch border. All plans shall be accompanied by an index sheet at a scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200) feet depending on which plat of the Kingston Assessor's Atlas the proposed subdivision is located, showing the entire subdivision and adjacent streets, and dimensions of the lots and streets and lot numbers. e.) The Definitive Plan shall be drawn in accordance with the Rules and Regulations of the Plymouth County, Registry of Deeds. 3.3.4. Contents 3.3.4.1. The Definitive Plan shall contain the following information and any other information shown on the Preliminary Plan- a.) A title, appearing in the lower right-hand comer of the plan, showing the name of the subdivision, if any; the way or ways on which it is located; the legend; the date; scale; the owner and deed reference; the names and addresses of the applicant, and the names and seals of the designer, engineer and surveyor who made the plan. b.) North point, whether true or magnetic, benchmark, scale and boundaries of the subdivision. c.) The locus of the land drawn at one thousand (1000) feet to the inch shown on the plan with sufficient information to accurately locate the plan. d.) Key plan, showing location of the subdivision at a scale of one (1) inch equals one thousand (1000) feet and an accurate index plan at a scale of one (1) inch equals three hundred and thirty (330) feet or similar scale as shown on the individual Assessor's map on which the proposed development is located. e.) Location and ownership of abutting property as it appears on Form E, Certified List of Abutters (see Appendix), and if the applicant has knowledge of changes in the list, to the new abutters, including all abutting land owned by the applicant not presently being subdivided. f ) Major features of the land, such as existing waterways, swamps and water bodies, marshes, flood plains, natural drainage courses, walls, fences, buildings, large trees twenty-four (24) inch caliper or more, trails, public or common areas, wooded areas, outcroppings and ditches which exist on or rear the site at the time of survey. g.) Subsurface conditions on the tract, location and results of tests made to ascertain subsurface soil, rock and ground water conditions, depth to ground water, and location and results of soil percolation tests if individual sewage disposal systems are proposed (on a separate sheet). Percolation tests satisfactory to the Board of Health are to be taken on each lot within the subdivision. h.) Lines of existing and proposed streets, ways, lots with an area of each, lot numbers or other designation of each lot, easements, trails, and public or common areas within the subdivision and the centerline radius of all proposed streets. (The proposed names and numbers of proposed streets and lots shall be shown in pencil until they have been approved by the Planning Board). i.) 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 in accordance with the Massachusetts Highway Department practice. This shall include the lengths and bearings of plan and boundary lines of all subdivision lot lines including lot frontage on the streets, of the boundary lines of all streets and easements, and the length, radii, tangents, and central angles of all curves in lot lines and street lines. All angle points, or intersections of tangents along the street lines shall be shown. Areas of lots with lot numbers and the area and frontage on public ways as set forth in Section 81-L of Chapter 41 G.L. of adjoining lands of the applicant not included in the subdivision will be shown. j.) Base flood elevation data as shown in the A zone on the Kingston Flood Insurance Rate Map (FIRM), and the Flood Boundary and Flood Maps, on file with the Town Clerk,, Planning Board and the Inspector of Buildings. k.) Location of all permanent monuments properly identified as to whether existing or proposed. The distance and bearing to the nearest town, county or state monument on an accepted way and monuments at all points of curvature and changes in direction of street side lines, or where designated by the engineer retained by the Town. 1.) The zoning district classification of land shown on the plan and the location of any zoning district boundaries that lie within the locus of the plan and the applicable minimum frontage and front, side and rear yard depths for each lot as is required by the Zoning By-Laws. m.) Minimum building set-back lines on all lots and a sketch plan showing proposed house sites. n.) Location, names and present widths of streets or private ways bounding, approaching or within reasonable proximity of the subdivision, showing both roadway widths and rights-of-ways widths leading from the subdivision to the nearest public road. o.) Indication of all easements, covenants or restrictions applying to the land and their purposes, whether or not within the subdivision, including any decision on appeal or any variances or exceptions made by the Zoning Board of Appeals applicable to the subdivision of the land or any buildings thereon. p.) If the property that comprises the subdivision or any part or boundary thereof has been examined, approved, and confirmed by the Massachusetts Land Court, such information shall be noted on the plat with case numbers and other pertinent references to Land Court procedure, then the same requirement shall apply to any adjoining parcels of land of the applicant. q.) The location of all common drives accompanied by the proposed declaration of covenants, easements and restrictions. r.) Sheet number (s) from the Assessors' Maps. s.) Suitable space to record the action of the Planning Board and the signatures of all members of the Planning Board or officially authorized person (and all members of the Board of Health) including where appropriate the words "Deeds of easements to be recorded herewith" or the words "Approved subject to covenant conditions set forth in a covenant executed by dated, and to be recorded herewith". t.) In addition to the items in paragraphs h.) and i.) above the layout plans shall show sidelines, center lines, points of tangent, length of tangents, length of curves, intersection angles, and radii of the curve for each street in the sub-division, together with all buildings, walks, walls, drives and other existing fixtures, within one hundred (100) feet of the side lines of such street. The layout plan shall also show the proposed system of water supply and sewer, when applicable, include size, location and elevation of all storm drains, sewers and water mains and their appurtenances existing in or proposed for each street, the plan shall also show all underground utilities, gas, electrical, Cable TV and telephone widths legend. The layout plan shall have a center line in the layout measure to one hundredth (.01) of a foot and stations at one hundred (100) foot intervals in accordance with the practice of the Commonwealth of Massachusetts Highway Department. Each straight portion of the center line shall have a bearing and distance given on the center line. The point of curvature and point of tangent of all center line curves shall be indicated by center line stations and radii and length of all center line curves shall be given on the plan. Bounds shall be set at the point of curvature, center of cul-de-sacs and point of tangent of all side line curves and shall be described by bearing and off set from center line stations. All side line curves shall have the readings and length given on the plan. Permanent bounds shall be described from center line stations and shall occur at not greater than three hundred (300) foot intervals. in special cases the above procedure may be varied to meet existing conditions or requirements of the applicant by permission of the Planning Board. u.) Location of all the following improvements unless specifically waived in writing by the Board. street paving, sidewalks, street signs, street lighting standards, all utilities above and below ground, curbs, gutters, street trees, storm drainage, all easements, and fire alarm boxes. (On separate sheet.) v.) A legend denoting any signs and symbols used on the plan and not otherwise explained. x.) All existing roads, cartpaths, and rights of way. y.) If wetlands are present, the developer shall get an Order of Conditions from the Conservation Commission. z.) All subdivisions exceeding seven (7) lots must have a minimum of two (2) fully constructed ways connected to adequate public ways. The developer must show that the existing ways can handle the additional traffic. A traffic report may be deemed necessary by the Board. 3.3.4.2. Profiles shall be shown on a separate sheet, as follows: a.) A horizontal scale of one (1) inch to forty feet. b.) A vertical -scale of one (1) inch to four (4) feet. c.) Existing center line in fine black solid line with elevations shown every fifty (50) feet. d.) Existing right side line in fine black dash line. e.) Existing left side line in fine black dotted line. f.) Proposed center line grades with elevations shown every fifty (50) foot station, except that in vertical curves elevations shall be shown at twenty-five (25) foot station and at PVC and PVT. g.) Rates of gradient shown. h.) Size and location of existing and proposed water mains and their appurtenances as required by the Water Department and surface drains and their appurtenances. i.) Directly below the layout plan of each street a profile shall show existing and proposed grades along the centerline of the street, together with figures of elevation of fifty (50) foot intervals along vertical uniform grade, and at twenty-five (25) foot intervals along vertical curves. Profiles shall be plotted at forty (40) feet to the inch horizontally, and four (4) feet to the inch vertically, and drawn in accordance with the Massachusetts Highway Department. The drainage and sewerage systems shall be shown on a profile and inverts of all manholes, catch basins, culverts shall be given to one hundredth (.01) foot. The plan shall show when the system begins and terminates to existing systems when applicable. All elevations given shall be referenced from either the United States Geodetic Base. j.) All existing and proposed intersections and sidewalks, bikeways and walkways shall be shown with all proposed grade elevations calculated. Elevations are to be referred to the Town Datum (United States Coast and Geodetic Survey). Gradients shall be shown by figures expressed in percent. 3.3.4.3. A Contour Plan showing the following: a.) Existing and proposed topography at two (2) feet contour intervals and by symbols the highest known high water mark of the last five (5) years. There will also be indicated by differentiating symbols the contour line four (4) feet above said high water mark. b.) Grading details shall indicate proposed street grades and elevations, building site grades and elevations and drainage patterns throughout the subdivision sufficient to determine the approximate balance between cut and fill. There shall be a general note indicating the disposition of topsoil on the site, which note shall include how topsoil will be handled in areas of cut and fill; how soil will be stockpiled, if applicable; the minimum amount of topsoil to be redistributed to the site; and that no topsoil will leave the site except in accordance with the Kingston Earth Removal Bylaw. 3.3.4.4. A Utility Plan showing the follows: a.) Size and location of existing and proposed water supply mains and their appurtenances, hydrants, sewer pipes and their appurtenances and/or storm drains and their appurtenances, proposed grade elevations, and easements pertinent thereto, and the design, size and location of sewage disposal systems and their appurtenances, dimensions of gutters, including data on borings and percolation tests made, and method of carrying water to the nearest watercourse or easements for drainage as needed, whether or not within the subdivision. b.) If surface water drains will discharge onto adjacent existing streets or onto adjacent properties not owned by the applicant, he shall clearly indicate what course the discharge will take, and shall present to the Board evidence from the Highway Department, the engineer to the Board or the owner of adjacent property that such discharge is satisfactory and permitted by public or private ownership of adjacent street or property. c.) The Plan shall include invert and rim elevations of all catch basins and manholes together with surface elevations of all waterways within the subdivision at one hundred (100) foot intervals and approximate depth of water at these points. Surface elevations and approximate -depth of water shall be shown at each point where drainage pipe ends at a waterway. Drainage calculations prepared by the applicant's engineer, including design criteria used, drainage area and other information sufficient for the Board to check the size of any proposed drain, culvert or bridge. d.) Location of proposed street lights and sidewalks and pedestrian lighting, if required, and transformer pads. e.) If a package treatment plant or waste water treatment plant is proposed, the applicant shall submit a plan showing the size, location, design, and provisions for maintenance. 3.3.4.5. Drainage Calculations shall be shown as follows: a.) Drainage calculations prepared by a Registered Professional Engineer shall be submitted in a suitable form to substantiate proposed drain pipe sizes along with amplifying plans outlining drainage areas within and affecting the subdivision. A plan shall also be submitted showing the route followed by all drainage discharging from the subdivision to the primary receiving watercourse or other large body of water. Drainage design shall be based on the methods contained in the United States Soil Conservation Service Urban Hydrology for Small Watersheds, Technical Release Number 55 which may be obtained from the Soil Conservation Service or referred to in the office of the Planning Board. 3.3.4.6. A Tree Plan shall be prepared as follows: a.) Location and species of proposed street trees and location of trees to be retained with trunks over six (6) inches in diameter, measured four (4) feet above the finished ground level, located outside of the street right-of-way line of existing or proposed streets not closer than five feet (5) or more than ten (10) feet from said right-of-way line. 3.3.4.7. Cross Sections shall be shown as follows: a.) A typical section of the proposed street shall be drawn to a scale of one (1) inch to four (4) feet and shall be properly located and identified by station number, at such intervals along the street as will adequately indicate any variations in its section, supplemented where necessary by lines on the layout plan showing the width and location of proposed roadways, grass plots, gutters, sidewalks, utilities (storm drains, water mains and sewer mains, if any) and similar physical features; provided, however, that where all cross-sections of the street will coincide with the appropriate cross-section shown on the Board’s Typical Cross-Section Plus (Schedules B and C), such agreement may be indicated by proper notation on the layout plan, and- the cross-section drawing may be omitted therefrom. b.) Cuts or fills in excess of six (6) feet of roadway locations resulting in lots being more than six (6) feet above or below grade of the roadway shall be substantiated by the submission of cross sections showing the proposed grading within two hundred (200) feet of the roadway on both sides. Cross sections should be drawn to a scale of one (1) inch = four (4) feet horizontally and vertically. 3.3.4.8. A Tabular Summary shall be prepared: a.) In tabular form for the total area in square feet and acreage of the subdivision plan as submitted. See Form L. 1.) The total area which is being subdivided. 2.) The total area of lots. 3.) The total of areas dedicated for street purposes, drainage, sewer or utility easements. 4.) The total of areas reserved for park, schools, and other public use. 5.) The total area reserved for open space as defined in the Town of Kingston Zoning Bylaws. 3.3.4.9. An Environmental Impact Statement shall be filed in accordance with Schedule E with each definitive plan submission. (Amended January 29, 1996) 3.3.4.10. An Erosion/Sedimentation Control Plan shall be prepared including the following: a.) A clear outline of the areas and type of control proposed. b.) A general note indicating the developer's responsibility to maintain erosion/sedimentation controls during construction and until sale of the lots involved, including the frequency of maintenance. c.) Appropriate details of erosion/sedimentation control devices. d.) The outline of any areas, including drainage ways, steep slopes and proposed stockpile of topsoil that shall be restored and/or seeded immediately. e.) A general note stating that temporary ground cover or erosion/siltation control shall be established on any unbuilt lots where required by the Planning Board. 3.3.4.11. Soil Surveys and Percolation Tests a.) Subsurface conditions on the tract, location and results of tests made to ascertain subsurface soil, rock and ground water conditions, depth to ground water, and location and results of soil percolation tests if individual sewage disposal systems are proposed (on a separate sheet) and the suitability of the land for the proposed storm drainage installations, individual sewage disposal systems, if any, and proposed street construction shall be submitted. Such soil surveys and tests must be filed with all plans for non-residential subdivisions or multi-family residences. Percolation tests satisfactory to the Board of Health are to be taken on each lot within the subdivision. b.) Test pits, borings or soundings shall be taken along the center line of each street shown on the plan at intervals of at least every two hundred (200) feet and at locations such as cut sections and areas of questionable foundation material where the subsurface conditions may be, in the opinion of the Planning Board or its Agent, factors affecting the quality and service life of the street. Test pits shall not be back-filled until the applicant has been notified by the Planning Board or its Agent that all necessary inspection and sampling has been completed. Where borings are used, samples shall be taken at five (5) foot intervals and at each change in strata. Soundings shall be taken areas of unsuitable material for the purpose of determining the hard bottom contours. Test pits and boring, where required, shall extend to a minimum depth of five (5). feet below the street profile grade or to bedrock, whichever is less. The applicant shall indicate, on the plan, a proposed layout of the subsurface exploration program complete with location, spacing and type of exploration proposed. c.) Soil surveys when required by the Planning Board or its Agent shall include a test excavation not less than seven (7) feet below finished grade at a frequency of one (1) per lot, location of which must be shown on the contour plan, and a report thereon; a percolation test at a' frequency one (1) per lot, location of which must be shown on the contour plan, and a report thereon. Percolation tests shall be in accordance with Article XI of the Commonwealth of Massachusetts Sanitary Code. d.) Natural watercourses and ponds may not be altered, filled, drained or relocated. Any pond that has been in existence for over twenty-five (25) years shall be deemed to be a natural pond. e.) Flood plain, marshes or seasonal wet areas may be included as part of a lot, but may not be altered, filled, drained or relocated and may not be used for building sites, sewerage disposal areas or ways. f ) All lots in a subdivision shall be laid out with the minimum areas required by the Zoning Bylaws to be exclusive of the areas of any pond with such lots. 3.4. Procedures 3.4.1. Staking 3.4.1.1. To facilitate review of the Definitive Plan by the appropriate authorities, at the time of filing of the Definitive Plan, the applicant shall stake the center line of all proposed streets at a minimum of every one hundred (100) feet with the center line stations and the cut or fill dimensions to finish grade marked on the stakes. 3.4.2. Review by Board of Health as to Suitability of the Land. (See Schedule F) 3.4.2.1. At the time of filing of the Definitive Plan, the applicant shall also file with the Board of Health two (2) contact prints of the Definitive Plan, dark line on white background, together with such information in the nature of percolation tests and deep test holes as the Board of Health may require plus the information requested on Schedule F, Board of Health Review. The Board of Health shall within forty-five (45) days after filing of the plan report to the Planning Board in writing approval or disapproval of said plan. if the Board of Health disapproves said plan, it shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building purposes without injury to the public health, and include such specific findings and the reasons therefore in such report, and, where possible, shall make recommendations for the adjustment thereof Every lot shall be provided with a sewerage system or a sewer connection satisfactory to the Kingston Board of Health and the Kingston Planning Board and/or their agents. 3.4.3. Review by Other Town Officials 3.4.3.1. The Clerk of the Planning Board will transmit copies of the Definitive Plan to Town Officials other than the Board of Health as follows: One (1) copy each to the Town Counsel for review of easements and agreements, if appropriate, the Highway Department, the Conservation Commission, the Water Department, the Fire Department, the Police Department, the Board of Selectmen, the Planning Board Agent and, if appropriate the Industrial Development Commission. 3.4.3.2. Before the Definitive Plan is approved, the Planning Board may request written statements from the above Officials with regard to the proposed improvements in the following respects: a.) Town Counsel as to the form of easements, covenants and performance guarantees. b.) The Highway Department, the Water Department and/or Planning Board Agent as to the design of the street system, location of easements, monuments, street lights, drainage system, water system, and, if applicable, the sewage system. c.) The Fire Department as to location of hydrants and the alarm system. d.) The Conservation Commission as to environmental impacts. e.) The Industrial Development Commission in the case of an industrial subdivision. 3.4.4. Common Driveway 3.4.4.1. When there are circumstances of traffic or topography which wan-ant a common driveway and when a common driveway is shown on the plan, before final approval of the plan the Planning Board must approve: a.) An agreement between the owner or developer and the Town of Kingston prohibiting the sale of lots and erection of buildings until such time as the common driveways have been constructed in accordance with the approved plan. b.) A declaration of covenants, easements and restrictions for the use and maintenance of said common drives. 3.4.5. Public Hearing 3.4.5.1. Before taking any action to approve, modify and approve or disapprove a Definitive Plan the Planning Board shall hold a hearing at which parties in interest shall have an opportunity to be heard, in person or by agent or attorney. Notice of the time and place of such hearing and of the subject matter, sufficient for identification, shall be published once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the date of the hearing, in a newspaper of general circulation in the Town of Kingston and by mailing a copy of such advertisement to the applicant and to all owners of land abutting the land shown on the plans and on the most recent tax list and to all owners of land abutting the land shown on the plans and on the most recent tax list and to all owners of land within three hundred (300) feet of a property line of a subdivision. (Amended March 11, 1996) 3.4.6. Planning Board Procedure 3.4.6.1. The procedure that the Planning Board will follow with regards to approval, disapproval or modification of the final plan submitted by the applicant will be that as set forth in Chapter 41, Section 81-U of the General Laws, as amended. In summary, the Board, after receiving the Definitive Plan and profiles, will review the same to determine whether they are in compliance with its adopted Rules and Regulations and the Zoning Bylaw. 3.4.6.2. The plan shall comply with all reasonable regulations and rules of the Highway Department and/or Selectmen, Water Department and the Board of Health not otherwise covered by these rules and regulations. Specific reference is made to the specifications for septic system which shall conform with the rules and regulations of the Board of Health. 3.4.6.3. Before final approval of the plan the applicant shall establish that the lots in the definitive plan are in conformity with the Kingston Zoning Bylaw. Failure of the lots to so comply will be adequate grounds for disapproval of the definitive plan. See Chapter 41, Section 81-Q of the General Laws, and amendments thereto. The Board may, as a condition of granting approval, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the Town. In such event the Board shall endorse such conditions on the plan to which they relate, or set forth a separate instrument attached thereto, to which reference is made on such plan and which shall for the purpose of the subdivision control law be deemed to be a part of the plan Before final approval all necessary permits under Chapter 131 of the General Law and from the Massachusetts Highway Department shall be obtained, and the applicant shall notify the Planning Board of any changes in the plan required by said permit or permits. 3.4.6.4. The Planning Board may extend the ninety (90) day period or the one hundred and thirty-five (135) day period, whichever is applicable, permitted by statute between submission of a Definitive Plan and action thereon upon written request of the applicant. 3.4.6.5. If the Board fails to act upon a Definitive Plan for a non- residential subdivision submitted under this section or for a residential subdivision for which a Preliminary Plan was submitted and acted upon by the Board, or forty-five (45) days have elapsed since the submission of the Preliminary Plan and the Board has taken no action thereon or fails to notify the Town Clerk and the persons submitting the plan of its action, within ninety (90) days after its submission, or within one hundred and thirty-five (135) days after its submission, for all other subdivisions, whichever is applicable, it shall be deemed to have approval under the Subdivision Control Law, and the Planning Board shall forthwith make such endorsement on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect. 3.4.6.6. The Board may decline to approve any plan unless the Applicant agrees to complete the ways shown thereon and install the public utilities aforesaid within two (2) years of the date of his Approval of Definitive Plan or such other time as the Applicant shall specify in writing. If the ways in any subdivision are not completed and the utilities aforesaid are not installed within the time so agreed to by the Applicant, no such way shall thereafter be laid out, constructed, completed or opened for public use unless and until a new application is filed with and approved by the Board. Ways or portions thereof not completed within the agree upon time shall thereafter be completed in accordance with the in force requirements and construction standards of the Planning Board, and with applicable General Laws. 3.4.7. Certificate of Approval 3.4.7.1. 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 registered, return receipt requested mail to the applicant. If the Planning Board modifies or disapproves such plan, it shall state in its vote the reasons for its action and shall rescind such modification and/or disapproval if the plan is amended to conform to the reasons for said Planning Board action and resubmitted to the Board within seven (7) months of the date of said action. Failure of the Applicant to so resubmit within the stated seven (7) month period shall void the plan an application. Any further action on a plan involving the area or any part thereof shall require a new Application in accordance with the Rules and Regulations in force at the time of the new Application. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Planning Board but not until the statutory twenty (20) day appeal period has elapsed following the filing of the Board's certificate of approval on Form C-1, or disapproval on Form C -2 (See Appendix), as the case may be, with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the Planning Board shall return the original to the applicant. 3.4.7.2. Approval of the Definitive Plan does not constitute the laying out or acceptance by the Town of streets within a subdivision. 3.4.7.3. The endorsement of plan approval by the Planning Board shall be valid for a period of two (2) years from the date of said approval or such other period of time as is specified in Section 3.5.1.3. Prior to the expiration of the said approval period, the developer and/or owner shall request in writing to the Planning Board an extension of time, if necessary. Failure to request an extension of time prior to the expiration of the said approval period shall result in the Planning Board notifying the Building Inspector that no additional building permits should be issued in said development. The request for extension shall state the reasons for said extension and also the length of time requested. Extension of time shall not in any case exceed one (1) year. Additional extensions after the first may be applied for but not until at least ten (10) months have expired on the extension in effect. 3.4.7.4 The applicant shall file the approved Definitive Plan and covenant, if any, at the Registry of Deeds, and shall file with the Town Clerk ten (10) copies of the approved, endorsed and recorded definitive plan and covenants. It shall be the Town Clerk's duty to distribute a copy of the plan and covenant, if any, to the following: Assessors, Planning Board, Town Clerk, Building Department, Board of Health, Water Commission, Highway Department, Conservation Commission, Police Department and Fire Department. (Amended March 11, 1996) 3.4.7.5. All approved definitive plans shall be endorsed within two months of their approval date, unless the plan has been appealed. Failure to obtain the endorsement within the required time period shall render the approval void. (Amended January 29, 1996) 3.4.7.6. All approved definitive plans shall be filed with the Registry of Deeds within six months of their endorsement by the Board. Failure to record an approved definitive plan within the required time period shall render the approval void. A notation to this effect shall be placed on the plan and on any accompanying decision. (Amended January 29, 1996) 3.5. Performance Guarantee 3.5.1. Before endorsement of the Board’s approval of a subdivision, the Board shall require that: 3.5.1.1. The subdivider shall specify in writing the time within which the construction of ways and installation of municipal services required in Section 5.0. shall be completed, which time shall be two (2) years unless the subdivider stipulates otherwise. 3.5.1.2. The subdivider shall secure the construction of ways and installation of municipal services by one, or in part by one and in part by another, of the following methods: a.) By a proper bond in a form acceptable to the Town Treasurer and sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of principal services required in Section 5.0. for lots in the subdivision shown on the plan. See Form F. b.) By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of municipal services required in Section 5.0. for lots in the subdivision shown on the plan. See Form G. 21 c.) By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the ways and services required in Section 5.0. shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed; provided, that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to all applicable portions of the covenant including that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that 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. See Form H. d.) By delivery to the Planning Board of an agreement (Tri-Partite) executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof 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, otherwise due the applicant, sufficient in the opinion of the Planning Board to secure the construction of ways and the installation of municipal services. Said agreement shall also provide 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 to the Town for completion. See Form M. 3.5.1.3. The subdivider shall submit an agreement, suitable for recording, executed by the Planning Board and the applicant setting forth the form of the guarantee and the stipulated time for completion of improvements as required in 3.5.1. and 2., which shall be recorded in the Registry of Deeds by the subdivider and a receipt therefore be delivered to the Planning Board. 3.5.1.4. The subdivider shall grant an easement to the Town for all proposed drainage areas, roads and utilities. The easement shall be suitable for recording. (Amended October 17, 1994) 3.5.2. Reduction of Performance Guarantee 3.5.2.1. The penal sum of any such bond held under 3.5.1.2. subparagraph a.) or any deposit held under subparagra |
