Current through Register 1531, September 27, 2024
(1)
Provision of Performance
Guarantee. Prior to endorsement by the DEC of a Definitive Plan,
the DEC shall require that the Applicant file with the DEC a performance
guarantee to secure the construction of ways and the installation and/or
extension of services.
(2)
Conveyance of Utilities and Services.
(a) Before the DEC will release a surety bond
or deposit, or in the case of a covenant, issue a Certificate of Performance
for subdivisions in which the ways and Utilities are proposed to be offered for
acceptance, the developer shall execute an instrument transferring to
MassDevelopment unencumbered title to all sanitary sewers, stormwater Drains,
water mains, and all appurtenances thereto constructed and installed in the
subdivision. The Developer shall also convey to MassDevelopment, without cost
and free of all liens and encumbrances, perpetual rights and Easements to
construct, inspect, repair, renew, replace, operate, and forever maintain such
sanitary sewers, stormwater Drains, water mains, and all appurtenances thereto
and to do all acts incidental thereto, in, through, and under the whole of all
streets and/or roads in the subdivision, and if such sewers, stormwater Drains,
water Drains, and water mains have been constructed and installed in land not
within such streets and/or roads, then in, through, and under the Easements, as
shown on the Definitive Plan, and where no Easements are shown, in, through,
and under a strip of land extending 10' in width on each side of the centerline
of all such sewer Drains and water mains.
(b) The above shall not be construed to
relieve the Applicant of responsibility to complete all construction, as
required by Applicant's covenants and agreements with MassDevelopment, and to
thereafter maintain all ways and Utilities in a satisfactory condition until
they are accepted by MassDevelopment.
(c) Approval by the DEC of the Improvements
required for a Definitive Plan does not constitute the laying out or acceptance
by MassDevelopment of any ways or paths within a Subdivision.
(d) The Applicant shall retain title to each
way, path, or Easement in or appurtenant to the subdivision until conveyed to
and accepted by MassDevelopment;
(3) If the Applicant chooses not to offer the
Right-of-way and other Access Easements to MassDevelopment, this shall be noted
on the Definitive Plan and the Applicant shall propose and implement mechanisms
for perpetual maintenance. Such plan shall include, but not be limited to snow
plowing and/or removal, ice control, and management and maintenance of
stormwater system(s), landscaping, sidewalks, paving and curbing signage,
Utilities and parking/traffic control.
(4)
Endorsed and As-built
Plans.
(a) Upon endorsement of a
Definitive Plan, the Applicant shall provide copies of the endorsed plan to the
DEC for its record and use. The plan shall also be submitted in a digital
format acceptable to the DEC.
(b)
As-built Plan. Upon completion of construction, and
before release of a performance guarantee, the DEC may require the Applicant to
prepare and submit As-built Plans at the same scale as the street and/or road
plans, which shall indicate all of the following:
1. Boundaries of the Right-of-way;
2. Location and elevations of roadway
Improvements;
3. Driveway
locations;
4. Permanent
monuments;
5. Location and inverts,
with elevation, of the required Utilities, hydrants and drainage including the
location, with ties, and depth of sewer and water laterals serving each
Lot;
6. Location of any other
underground Utilities, such as natural gas, electricity, telephone lines, and
street lighting;
7. Lot boundaries;
and,
8. Centerline stationing.
The Applicant's Surveyor or Engineer shall certify that the
ways and services as shown in the As-built Plans are complete and the As-built
Plans are accurate. The DEC shall accept the As-built Plans upon determining
that their content and form comply with
974 CMR
2.00.
(5)
Street Acceptance
Plan. For Ways proposed for acceptance, the Applicant shall have
prepared and submitted a Street Acceptance Plan prior to the final release of
the performance guarantee. Such plans shall be suitable for recording at the
Registry of Deeds and acceptable to MassDevelopment. At a minimum, a Street
Acceptance Plan shall contain the following information:
(a) Title block indicating the name of the
Subdivision, the name of the Public Way, the name and address of the Applicant,
the name and address of the Engineer and/or Surveyor, and the date of
preparation;
(b) Locus
map;
(c) The boundaries and area of
the Right-of-way; and
(d) The
location and identification of the owners of Lots and all properties abutting
the Public Way;
(e) Legal
descriptions and a list of owners and mortgagees of Lots having rights to the
Way. Additional pertinent information as may be required by the Director, the
DEC, or MassDevelopment shall be provided on the Street Acceptable Plan. Such
plan shall be accompanied by deeds, Easements, and other appropriate
documentation required for the conveyance of the Public Way.
