SECTION 1: INSTRUCTIONS . . . 6

SECTION 2. PERSONAL WIRELESS COMMUNICATIONS FACILITIES . . 6

2.1 Determination of Exemption From Special Permit Requirement . 6

2.2 Pre-Application Conference . . . 6

2.3 Application Filing Requirements . . . 7

2.4 Co-location . . . . 11

2.5 Modifications . . . . 11

2.6 Monitoring and Maintenance . . . . 12

2.7 Abandonment or Discontinuation of Use . . . 12

2.8 Reconstruction or Replacement of Pre-Existing Nonconforming Personal Wireless Service Facilities . . . . 13

2.9 Performance Guarantees . . . . 13

2.10 Color . . . . 14

2.11 Equipment Shelters . . . . 14

2.12 Lighting and Signage . . . . 14

2.13 Historic Buildings . . . . 14

2.14 Comments From Other Boards . . . 15

2.15 Term of Special Permit . . . 15

SECTION 1: GENERAL

1.1 AUTHORITY . . . . 16

1.2 PURPOSE . . . . 16

1.3 DEFINITIONS . . . . 16

1.3.1. Subdivision . . . 16

1.3.2. Applicant . . . . 16

1.3.3. Owner . . . . . 16

1.3.4 CMD . . . . . 16

1.3.5 Board . . . . . 16

1.4 SUBDIVISION . . . . 16

SECTION 2: PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW

2.1. SUBMISSION OF PLAN . . . . 17

2.2. CONTENTS OF PLAN . . . 17

2.3. ENDORSEMENT . . . . 18

SECTION 3: PLANS REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW

3.1. PRELIMINARY PLAN . . . 19

3.1.1. Preliminary Conference . . . . 19

3.1.2. Filing Procedure for Preliminary Plan . . . 19

3.1.3. Contents of Preliminary Plan . . . 19

3.1.4. Groundwater Impact Assessment . . . 20

3.1.5. Approval or Disapproval of Preliminary Plan . . 20

3.2. DEFINITIVE PLAN . . . . 20

3.2.1. General . . . . . 20

3.2.2. Filing Procedure for Definitive Plan . . . 21

3.2.3. Contents of the Definitive Survey Plan . . . 22

3.2.4. Contents of Plans and Profiles .. . 25

3.2.5. Drainage Calculations and Run-off Plan . . . 25

3.2.6. Groundwater Impact Assessment . . . 25

3.2.7. Accompanying Documents . . . 26

3.2.8. Review by Other Boards and Commissions . . . 26

3.2.9. Conferences and On-Site Inspection. . . . 27

3.2.10.Public Hearing . . . . 27

3.2.11.Action . . . . . 27

3.2.13.Performance Guarantee . . . . 32

3.3. UTILITY PLANS . . . . 32

4.1. GENERAL . . . . . 33

4.1.1. Basic Requirements . . . . 33

4.1.2. Conformance to Master Plan . . . 33

4.1.3. Lot Size and Frontage . . . . 33

4.1.4. One Dwelling Per Lot . . . . 33

4.1.5. Protection of Natural Features . . . 33

4.1.6. Groundwater Protection . . . . 33

4.2. GRADING . . . . 34

4.2.1. Minimum Disturbance . . . . 34

4.2.2. Stabilization . . . . 34

4.2.3. Landscape Plan . . . . 34

4.2.4. Slope Easements . . . . 34

4.3. STREETS & DRIVEWAYS . . . 34

4.3.1. Location . . . . 34

4.3.2. Alignment . . . 35

4.3.3. Width . . . . . 35

4.3.4. Grade . . . . . 35

4.3.5. Street Trees and Planted Shrubs . . . 36

4.3.6. Curb Cuts . . . . 36

4.3.7. Dead-end Streets . . . . 36

4.4. DRAINAGE DESIGN . . . . 37

4.4.1. General . . . . . 37

4.4.2. Lot Drainage . . . . 37

4.4.3. Drainage Calculations . . . . 37

4.4.4. Drainage Criteria . . . . 38

4.4.5. Retention/Detention Basins . . . 38

4.4.6. Protection . . . . 39

4.5. EASEMENTS . . . . 39

4.5.1. Layout of Utility & Drainage Easements . . . 39

4.5.2. Water Course Easements . . . . 39

4.5.3. Slope Easements . . . . 39

4.5.4. Pedestrian Ways and Bridle Paths . . . 39

4.5.5. Conservation Restrictions . . . . 40

4.6. OPEN SPACE . . . . 40

4.6.1. Parks . . . . . 40

4.6.2. Topsoil and Grading Limitations . . . 40

4.7 SIDEWALKS AND TRAILS . . 40

4.7.1. General . . . . . 40

4.7.2. Design . . . . . 40

4.8. UTILITIES . . . . 41

4.8.1. General . . . . . 41

4.8.2. Installation . . . 41

4.8.3. Protection . . . 42

5.1 BASIC REQUIREMENTS . . . . 42

5.2 GENERAL . . . . . 42

5.2.1. Standard Specifications . . . . 42

5.2.2. Survey of Improvements as Installed . . . 42

5.2.3. Acceptance of Streets by the Town . . . 43

5.3 STREETS . . . . 43

5.3.1. General . . . . . 43

5.3.2. Clearing and Grubbing of Streets . . . 43

5.3.3. Excavation and Subgrade Preparation . . . 44

5.3.4. Gravel Base . .. . 44

5.3.5. Pavement . . . . 44

5.3.6. Street Embankments and Retaining Walls . . . 45

5.3.7. Curbs and Berms . . . . 45

5.3.8. Fire Protection . . . . 45

5.4 STORM AND SURFACE DRAINAGE . . . 46

5.4.1. General . . . . . 46

5.4.2. Pipes, Culverts and Drains . . . 46

5.4.3. Catch Basins and Manholes . . . 46

5.4.4. Responsibility for Subdivision Drainage . . . 47

5.4.5. Extension of Drains to Adjacent Properties . . . 47

5.5 SIDEWALKS . . . . 47

5.5.1. Location and Width . . . . 47

5.5.2. Sidewalk Drainage . . . . 47

5.5.3. Sidewalk Base . . . . 47

5.5.4. Sidewalk Pavement . . . . 47

5.5.5. Loaming and Seeding . . . . 48

5.5.6. Sidewalk Pavement at Street Intersections . . . 48

5.6 UTILITIES . . . . 48

5.7 GUARD RAILS . . . . 48

5.8 GRASS STRIPS . . . . 48

5.9 TREES . . . . . 48

5.10 STREET SIGNS . . . . 48

5.11 BOUNDARY MARKS AND MONUMENTS . . 48

5.12 STREET LIGHTING . . . . 48

5.13 FINAL CLEANING . 49

6.1 AUTHORITY . . . . 49

6.2 WAIVER OF COMPLIANCE . . 49

6.3 INSPECTIONS . . . . 49

6.3.1. General . . . . . 49

6.3.2. Required Inspections . . . . 49

6.4 REVIEW FEES . . . . 50

6.5 BUILDING PERMITS . . . . 51

6.6 MAINTENANCE . . . . 51

6.7 CHANGES IN THE DEFINITIVE PLAN . . . 51

6.7.1. Modifications . . . . 51

6.7.2. Minor Revisions . . . . 52

6.7.3. Subdivision Plan Reference . . . 52

6.8. RESCISSION AFTER TWO YEARS . . . 52

6.9 SEPARABILITY . . . . 52

6.10 AMENDMENTS . . . . 52

APPENDICES AND FORMS . . . . 59

SECTION 1: STATUTORY PROVISIONS . . . 53

SECTION 2: PURPOSE . . . . 53

SECTION 3: STREETS SUBJECT TO PROVISIONS OF SCENIC ROAD ACT . 54

SECTION 4: PROCEDURE TO DESIGNATE SCENIC ROADS . . 54

SECTION 5: DEFINITIONS . . . . 54

SECTION 6: CONSTRUCTION AND APPLICABILITY OF RULES . 55

SECTION 7: DESIGN STANDARDS FOR DRIVEWAYS . . 55

7.1. Curb Cuts . . . . 55

7.2. Stone Wall Removal Limitations . .. . 55

7.3. Tree Removal Limitations . . . 56

SECTION 8: PROCEDURES . . . . 56

8.1. Filing Instructions . . . 56

8.2. Tree Warden . . .. . 56

8.3. Notice . . . . 56

8.4. Timing . . . . 57

8.5. Decision . . . . 57

SECTION 9: CONSIDERATIONS . . . . 57

SECTION 10: ENFORCEMENT . . . . 58

10.1. Remedy for Failure to File . . . 58

10.2. Compliance . . . . 58

10.3. Authority . . . . 58

All applicants for a site plan review under Section 5.3 of the Zoning Bylaws or an exemption on minimum street frontage requirements under Section 4.4 of the Zoning Bylaws or other special permit requests from the Planning Board shall submit to the Planning Board a completed Petition for Special Permit on the form annexed hereto.

Applicants are required to pay for all associated and related costs.

a. In accordance with Section 5.8 of the Zoning By-Laws, all applications for the installation of wireless communications facilities shall be submitted to the Planning Board for either a Special Permit or a determination that the proposal qualifies for a lesser level of review and permitting as follows:

1. Whether the proposal needs only a building permit by virtue of meeting the standards specified in Section 5.8.4 of the Zoning Bylaw; or

2. Whether the proposal requires a Preliminary Site Plan Review as provided for in Section 5.8.4 of the Zoning By-Law;

b. Applicants seeking a Determination of Exemption From Special Permit shall submit sufficient architectural and/or engineering drawings to the Planning Board to demonstrate that they meet the standards of Section 5.8.4. Such plans must include (but are not limited to) elevations indicating the planned exterior alterations to any existing building or structure and/or the elevations of any new building or structure; a site plan indicating the size and location of existing and proposed buildings or structures including any support equipment, fencing, landscaping, lighting, parking, access ways, etc.; a narrative description describing the proposed changes and explaining how they meet the standards of Section 5.8.4 of the Zoning By-Law; and the Form entitled Determination of Exemption From Special Permit for Wireless Communications.

Prior to the submission of an application for a Special Permit under Section 5.8 of the Zoning Bylaw, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed personal wireless communications facility in general terms and to clarify the filing requirements. The purpose of the conference is to inform the Planning Board as to the nature of the proposed personal wireless communications facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the location of the proposed facility, as well as its scale and overall design.

The following shall be included with an application for a Special Permit for all personal wireless communications facilities:

2.3.1 General Filing Requirements

a. Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included.

b. At least one licensed carrier and the landowner(s) of the proposed site of the personal wireless communications facility shall be applicants or co-applicants.

c. Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted.

2.3.2 Locus Plan Requirements

a. Identification of the subject property including the name of the nearest road or roads, street address, if any, and Assessors Map and Parcel number of subject property.

b. A map to scale prepared and stamped by a registered professional engineer or land surveyor showing the subject property and all properties (including lot lines) within 500 feet and the location of all buildings, including accessory structures, and driveways on all properties shown to the extent observable or determinable by Town or other records.

c. A map showing the locations of all pre-existing and proposed future personal wireless communications facilities in Sherborn and abutting towns for the applicant carrier, and all other pre-existing and proposed (to the extent determinable through public records) personal wireless communications facilities of other carriers in Sherborn and abutting towns.

2.3.3 Site Plan Filing Requirements

a. A vicinity plan prepared and stamped by a registered professional engineer or land surveyor at a scale of 1"=40’ (or at an alternate scale appropriate for the size of the property as may be approved by the Planning Board) showing the following:

1. Property lines for the subject property.

2. Property lines of all properties adjacent to the subject property within 500 feet.

3. Tree cover on the subject property and abutting properties distinguishing between coniferous and deciduous species, and indicating average height as measured by or available from a verifiable source, for a distance of 500 feet

4. Outline of all pre-existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property to the extent observable or determinable by Town or other records.

b. A Proposed Development Plan prepared and stamped by a registered professional engineer or land surveyor including the following:

1. Proposed location of antenna, mount, equipment shelter(s) and other appurtenant facilities.

2. Proposed security barrier around tower and/or equipment shelter, indicating type and extent as well as point of controlled entry.

3. Location of all roads, public and private, and utility easements on the subject property and on all properties adjacent to the subject property including driveways proposed to serve the personal wireless communications facility.

4. Distances, at grade, from the proposed personal wireless communications facility to each building on the vicinity plan.

5. Contours at each two feet above mean sea level for a distance of 500 feet around the proposed site.

6. All proposed changes to the pre-existing property, including grading, vegetation removal and planting, and temporary or permanent roads and driveways.

7. Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless communications facility.

8. Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight Lines" subsection below.

9. All conservation lands and conservation easements on the subject property or within 1000 feet of the proposed site.

c. Sight lines and photographs as described below:

1. Sight line representation. A sight line representation shall be drawn from the nearest point of the nearest public way within 500 feet and the closest facade of each residential building (viewpoint) within 500 feet (subject to the owner’s permission to do so) to the highest point (visible point) of the personal wireless communications facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is no residential building or public way within 500 feet, there shall be at least two sight lines from the closest habitable structures or public roads, if any.

2. Pre-existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet.

3. Proposed (after condition). Each of the pre-existing condition photographs shall have the proposed personal wireless communications facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed personal wireless communications facility is built.

4. Siting elevations. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:

(a). Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.

(b). Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.

(c). Any and all structures on the subject property.

(d). Pre-existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

(e). Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

5. Photographs, from multiple viewpoints, of any crane or balloon used to test visibility or viability of any proposed site.

2.3.4 Design Filing Requirements

a. Materials of the proposed personal wireless communications facility specified by generic type and specific treatment (e.g. anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

b. Colors of the proposed personal wireless communications facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

c. Dimensions of the personal wireless communications facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.

d. Landscape plan including pre-existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

e. During the application process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised, at the expense of the applicant, in a newspaper of general circulation in the Town at least one week in advance of the proposed date. At least one alternate date shall be published in the event inclement weather requires rescheduling. The Planning Board may, in its discretion, waive the advertising requirement if adverse weather conditions result in the cancellation of the test on both the original and alternate dates.

f. If lighting of the site is proposed, the applicant shall submit documentation from an engineer that the foot-candle level at the property lines shall not exceed 0.0.

2.3.5 Noise Filing Requirements

The applicant shall provide a statement certified by an acoustical engineer that the facility will comply with the noise standards of Section 2.6 (b).

2.3.6 Radiofrequency Radiation (RFR) Filing Requirements

The applicant shall provide the following:

a. A statement signed by a licensed RF engineer that the proposed or existing transmitting facility does or will comply with FCC radiofrequency emission guidelines for both general population/uncontrolled exposures and occupational/controlled exposures as defined in FCC rules (as they may be amended or updated from time to time).

b. A statement or explanation as to how the personal wireless service provider determined that the transmitting facility will comply, e. g., by calculation methods, by computer simulations, by actual field measurements, etc. Actual values for predicted exposure should be provided to further support the statement. An exhaustive record of all possible exposure locations is not necessary, but, for example, the "worst case" exposure value in an accessible area could be mentioned as showing that no exposures would ever be greater than that level. Reference should be given to the actual FCC exposure limit or limits relevant for the particular transmitting site.

c. An explanation as to what, if any, restrictions on access to certain areas will be maintained to ensure compliance with the public or occupational exposure limits. This includes control procedures that are established for workers who may be exposed as a result of maintenance or other tasks related to their jobs.

d. A statement as whether other significant transmitting sources are located at or near the transmitting site, and, if required by the FCC rules, whether their RF emissions were considered in determining compliance at the transmitting site.

2.3.7 Federal Environmental Filing Requirements

a. The applicant shall present a copy of any Environmental Assessment (EA) that may be required by the FCC through its administration of the National Environmental Policy Act (NEPA) via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I).

b. If no such EA needs to be submitted to the FCC, documentation of that fact must be submitted.

c. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless communications facility that are considered hazardous by the federal, state or local government.

2.3.8 Alternatives Analysis

All applications for new tower locations shall be accompanied by a narrative statement endorsed by a qualified radiofrequency engineer explaining why the proposed location (or locations) was (were) selected. Such statement shall include supporting documentation demonstrating that no feasible alternative location within the Town of Sherborn was available. For locations outside Overlay District 1, such statement shall include additional supporting documentation demonstrating that at least three alternative scenarios to provide comparable service utilizing existing structures, locations within Overlay District 1, and/or camouflaged facilities were considered and rejected.

a. Licensed carriers shall share personal wireless communications facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless communications facilities that are stand-alone facilities. All applicants for a Special Permit for a personal wireless communications facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:

1. A survey of all pre-existing structures that may be feasible sites for co-locating personal wireless communications facilities;

2. Contact with all other carriers for wireless communications operating or licensed to operate in Sherborn or abutting Towns, and

3. Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

b. In the event that co-location is found to be not feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location.

c. If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless communications facility at full build-out.

d. If the Planning Board approves co-location for a personal wireless communications facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the Special Permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit.

A modification of a personal wireless communications facility may be considered equivalent to an application for a new personal wireless communications facility. Applicants for such modifications shall appear before the Planning Board to present its proposed modifications in order that the Board may determine whether the modifications are substantial and require the submission of a new Special Permit application

a. After the personal wireless communications facility is operational, the applicant shall submit to the Planning Board copies of any documents required by the FCC to demonstrate compliance with its RF emission standards.

b. After the personal wireless communications facility is operational, the applicant shall submit, within 10 days of any request from the Town in response to complaints received, documentation that noise emissions from the facility, measured at its property plane, do not exceed 50 decibels from 10:00 PM to 7:00 AM or 55 decibels from 7:00 AM to 10:00 PM. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the foregoing standard. In the event these standards are not met, appropriate noise inhibiting measures shall be implemented and compliance with the standards demonstrated within 30 days of the initial request for documentation.

c. The carrier(s) operating the wireless communications facility and/or its owner shall maintain the personal wireless communications facility. Such maintenance shall include, but shall not be limited to, painting, structural integrity and landscaping.

a. At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless communications facility, such carrier will notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless communications facility shall be considered abandoned if the annual certification required in Section 2.9 d. is not received within 10 days of its due date. If the Town suspects that a facility is abandoned, it may request a confirmation of continued operations at any time, and a facility shall be considered abandoned if no such confirmation is received within 30 days of the request.

b. Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless communications facility within 12 months from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

1. Removal of antennas, mount, equipment shelters and security barriers from the subject property.

2. Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

3. Restoring the location of the personal wireless communications facility to its original condition, except that any landscaping and grading shall remain.

c. If a carrier fails to remove a personal wireless communications facility in accordance with this section of this Bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. As provided for in Section 2.9 (c), the Planning Board will require the applicant to provide security, in an amount set by the Planning Board, prior to issuance of the Special Permit to cover costs for the removal of the personal wireless communications facility in the event the Town must remove the facility.

Personal wireless service facilities that were in existence at the time of adoption of this Bylaw may be reconstructed, altered, extended or replaced by Special Permit, provide that the Planning Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the pre-existing non-conforming structure. In making such a determination, the Planning Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts.

a. Insurance in a reasonable amount determined and approved by the Planning Board after consultation at the expense of the Applicant with one (1) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance shall be filed with the Town Clerk.

b. An initial bond to cover annual maintenance for the access road, site tower(s), antennas, and related equipment will be posted in an amount approved by the Planning Board.

c. Security shall be established prior to the issuance of a Special Permit to ensure that funds are available for the removal of the wireless communications facility and restoration of the site to as close to its original condition as is feasible. Such security shall consist of special cash account, held by the Town, and dedicated to the specific purpose of removing and disposing of the wireless communications facility and restoring its site. The account shall be established by the Town upon receipt of the funds from the applicant in an amount determined by the Planning Board after consultation with an appropriate consultant (at the expense of the applicant). At the discretion of the Planning Board, a comparable security such as a letter of credit may be substituted for the cash account.

d. Annual certification as to continuing operations and compliance with applicable standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the Planning Board by the Special Permit holder, no later than January 31 of each year.

a. Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.

b. Wireless communications facilities shall be of an appropriate color to minimize visibility. The colors may vary by site, type of facility and/or location of each portion of the facility in relation to its immediate environs.

Equipment shelters for personal wireless communications facilities shall be designed consistent with one of the following design standards:

a. Equipment shelters must be located in underground vaults; or

b. Equipment shelters must be designed consistent with traditional materials, color and design of the area.

c. Equipment shelters must be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and /or wooden fence acceptable to the Planning Board.

a. Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.

b. Signs shall be limited to those needed to identify the property and the owner and warn of any danger.

c. All ground mounted personal wireless communications facilities shall be surrounded by a security barrier.

a. Any personal wireless communications facilities located on or within a historic structure (a structure listed or eligible for listing on the State or National Register of Historic Places) shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building; or

b. Notwithstanding the foregoing, approval, where required, of the Sherborn Historic District Commission or the Massachusetts Historic Commission shall constitute compliance with this Subsection 2.13.

The Planning Board shall request comments from the Town Forest Committee for any proposed locations within Town Forest, or from other boards of commissions as may be relevant (e.g. Cemetery Commission for locations near a cemetery, Open Space Committee for locations near the Bay Circuit Trail).

A Special Permit issued for any personal wireless communications facility shall be for a maximum initial term of 5 years. Such permits shall be renewable for additional maximum terms of five years upon application by the Special Permit holder at least 90 days prior to the expiration of a current term. Renewal applications shall contain documentation that the conditions of the original Special Permit (or any previous renewals) were met and maintained during the previous term.

 

 

Pursuant to General Laws, Chapter 41, Section 81Q, the Planning Board of the Town of Sherborn has adopted the following Rules and Regulations governing the subdivision of land in the Town of Sherborn.

These Rules and Regulations Governing the Subdivision of Land in Sherborn have been adopted for the purposes set forth in MGL Chapter 41, Section 81M as amended.

1.3.1. Subdivision. A division of land into two or more lots in such a manner as to constitute "subdivision" as defined in MGL Ch. 41, Section 81-L, as amended from time to time.

1.3.2. Applicant. Applicant shall include an owner or his agent or representative, or his assigns.

1.3.3. Owner. Owner shall mean the owner or owners of record of all land included within the subdivision as shown by the records of the Registry of Deeds for the Southern District of Middlesex County or the Middlesex South Registry District of the Land Court.

1.3.4. CMD. CMD shall mean the Community Maintenance and Development Department.

1.3.5. Board. Board shall mean the Planning Board.

1.4.1. 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 or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a Definitive Plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided.

1.4.2. No subdivision shall be approved unless it complies with these Regulations and with the applicable provisions of zoning and other Town bylaws and regulations and of the General Laws of the Commonwealth of Massachusetts, or unless, in the opinion of the Board, such subdivision meets the requirements of public safety, including reasonable precautions against possible natural disasters, of traffic safety and convenience, of adequate water supply, storm water drainage and sewage disposal and is designed with due regard to the rights, health and welfare of Sherborn's inhabitants, including the residents of such subdivision. Proposed subdivisions shall conform to over-all development plans adopted by the Planning Board and shall adhere to the principles of correct land use, sound planning and good engineering.

1.4.3. The approval of a subdivision by the Board does not affect any rights others may have in or over the land to be subdivided, nor does it give the Applicant the right to perform work on land owned by others. The Board is entitled to rely upon the accuracy of the information submitted by the Applicant. The acquisition of necessary rights and the presentation of complete and correct information to the Board are responsibilities of the Applicant and the failure to do so, including the failure or inability to obtain all necessary permits, licenses, releases or rights may constitute a reason for the disapproval or recision of approval of a subdivision plan.

Any persons who wish 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 the plan does not require approval under the subdivision control law because the plan does not constitute a subdivision, shall:

a. Schedule Planning Board review by contacting the Town Planner to be placed on the agenda of an upcoming meeting.

b. Fill out Form A as indicated on the Form (see Appendix)

c. File, by delivery or registered mail, a notice with the Town Clerk. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land.

d. Submit to the Town Planner the following:

-- A completed Form A and four (4) copies

-- A completed original Mylar plan of land and five (5) copies at a scale of 1"-40', or at an alternate scale appropriate for the size of the property as may approved by the Planning Board.

-- One 1"-200' scale copy of plan of land.

-- One (1) copy of a plan of land showing the existing boundaries of the land at the same scale as the plan indicating the proposed changes.

-- Filing fee as specified in Schedule C (check payable to Town of Sherborn)

2.2. CONTENTS OF PLAN

Each plan shall contain the following information:

a. Existing and proposed boundary lines, dimensions and areas (in square feet or to the nearest 1/100 of an acre) of all lots, the boundary lines of which are to be changed or shown without change.

b. Title, north point, date of survey, date of plan and date of each revision, if any, Assessor's map number and lot number, and scale legend.

c. Name of owner of record, and name, address, signature and imprint of the seal of the registered engineer or registered land surveyor preparing the plan.

d. Names of the owners of all abutting lots from the current Assessors' records.

e. Indication of the Zoning district or districts and district boundary lines, if any, coinciding with or intersecting any lot line.

f. Existing and proposed lines of streets, ways, and easements with an indication on the plan of their intent and whether they are public or private.

g. Existing and proposed public or common areas, if any.

h. Location of all existing buildings on proposed lots and abutting lots.

i. Indication of the floodplain district, if any, within or in close proximity to the proposed lots.

j. Existing and proposed permanent boundary markers, and existing stone walls.

k. Limits of any wetlands subject to State or local jurisdiction, located on or adjacent to the property.

l. A vicinity map showing all other adjacent land of the Applicant and other adjacent properties as far as the nearest existing street in every direction. The vicinity map may be a copy of the Assessors' maps.

m. A figure indicating total frontage, and a dimension illustrating width at the front setback line shall also be shown on plan.

n. Frontage and area of any remaining adjoining land owned by the Applicant.

o. Notice of any special permits/variances issued which affect the proposed change in lot lines.

p. Deed reference of record owner by Book and Page number and Land court Certificate number if applicable.

q. Printed legend for Planning Board endorsement in the following form:

Approval under the Subdivision Control Law not required.

SHERBORN PLANNING BOARD

Date 20____

q. The following statement shall appear below the space for the signature for the Planning Board: "The above endorsement is not a determination by the Planning Board as to conformance with zoning requirements."

If the Board finds that the plan meets the requirements of this section and does not require approval under the Subdivision control Law, at least a majority of the members of the Board shall endorse the plan without a public hearing and return the original thereof to the Applicant within the time period required by MGL Ch. 41, Section 81-P from the date of submission of the plan. If the Board shall determine that in its opinion the plan requires approval under the Subdivision Control Law, it shall give written notice of its determination to the Town clerk and to the Applicant within such statutory period.

3.1.1. Preliminary Conference

In order to insure full compliance with these Rules and Regulations and thereby facilitate the preparation, submission and processing of preliminary plans and definitive plans requiring approval under the Subdivision Control Law, the Board invites any owner intending to subdivide his land to request an informal preliminary conference with the Board prior to his submission of a preliminary or definitive plan.

3.1.2. Filing Procedures for Preliminary Plan

Any person submitting a preliminary plan shall file five (5) copies thereof with the Planning Board together with a fully executed Application Form B, and shall simultaneously file two (2) copies with the Board of Health. On a related but separate matter of compliance, Applicants should reference the Board of Health Regulations Section II "Public and Environmental Health Review Regulations for Other than a Single Family Dwelling on a Single Lot". After delivery of the plan and the above forms to the Board, the Applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission of said plans for approval, together with a copy of Form B and a copy of the plans as submitted. Such notice shall describe the land sufficiently for identification and shall state the name and address of the owner.

3.1.3. Contents of a Preliminary Plan

A preliminary plan shall contain the following information:

a. Subdivision name and title "Preliminary Plan".

b. Names and addresses of record owner, Applicant, subdivider, and seal and signature of the engineer, surveyor or landscape architect preparing the plan.

c. Subdivision boundaries, north point, date, Assessor's map number and lot number, and scale legend.

d. Boundary lines of existing and proposed lots with areas, dimensions, and bearings.

e. Delineation of floodplain districts and wetland areas as determined under Ch. 131, Sect. 40 (Mass Wetland Protection Act) and regulations thereunder, and under the Town of Sherborn's Wetlands Bylaw and any regulations thereunder, within or adjacent to the subdivision.

f. Delineation of existing buildings and other site features, including but not limited to, existing driveways, cart paths, trails, fences, walls, stone walls, wooded areas, large trees over 12" in diameter, rock ridges and outcroppings.

g. Existing and proposed topography at two (2) feet contour intervals showing the elevation of the tops of rises, hills or hummocks and of water courses and ponds. Existing and proposed contours on preliminary plan are to tie in with existing and proposed contours on individual lot plans.

h. Existing and proposed drainage systems including the approximate location and size of all proposed inlets, outlets, pipes, drains, detention/retention ponds, and drainage easements within or appurtenant to the subdivision.

i. Proposed locations of municipal services and utility installations.

j. The lines of all existing and proposed streets and ways, including proposed connections, if any, with existing or proposed streets or ways on adjoining land.

k. The boundaries of all proposed easements or public or common areas within the subdivision and notations indicating the purposes thereof.

l. The lines and grades of existing streets for a minimum of 500 feet either side of each proposed subdivision street intersection with the existing street.

m. Proposed street names.

n. The names of all abutters as determined from the most recent Assessors' list.

o. A separate transparent reproducible plan at a scale of 1" = 600' showing the following:

1. Boundaries of existing streets and ways, and easements which bound, approach or are in reasonable proximity to the subdivision in solid lines.

2. Boundaries of proposed streets, ways, easements and public or common areas in broken lines.

3. Name of subdivision, north point and scale legend.

3.1.4. Groundwater Impact Assessment

The Board may require that the following be submitted where such information is necessary to evaluate the plan because of special circumstances of the proposal or its location;

a. Location of aquifers, recharge areas, or watersheds for existing or potential drinking water supplies.

b. Maximum groundwater table elevation and direction and velocity of groundwater flow.

c. Projection of nutrient loading (nitrate-nitrogen concentrations) in groundwater downgradient of the subdivision in the water resources protection district.

d. Analysis of open and closed drainage system alternatives, examining effects upon the recharge of aquifers and the quality of groundwater and surface water.

3.1.5. Approval or Disapproval of Preliminary Plan

After submission of a preliminary plan and within the period set forth in Section 81-S of the Mass. General Laws, both the Planning Board and the Board of Health shall notify by certified mail the Applicant and Town clerk that the plan has been approved, or that the plan has been approved with modifications suggested by either Board or agreed to by the Applicant, or that the plan has been disapproved. In the case of disapproval, each board so disapproving shall state in detail its reasons therefor. Approval of a preliminary plan shall not constitute approval of the proposed subdivision by either Board.

3.2.1. General

The term "Definitive Plan" as used in these Rules and Regulations shall mean a plan of a subdivision within the meaning of the Subdivision Control Law prepared by a professional engineer, land surveyor or landscape architect registered in Massachusetts.

The objectives of a Definitive Plan are:

1) presentation of detailed and specific plans, of the construction documents type, for the development of the subdivision,

2) provision of a specific plan for reference in granting a certificate of action and a special permit with subdivision plan approval.

The Planning Board encourages thorough analysis and resolution of design issues in the preliminary plan stage prior to submission of the Definitive Plan. At the time of the filing of the Definitive Plan, it should be accurate, correct and complete on the day of submission and based on a clear direction as to a design acceptable to the Board. Any deficiencies and inaccuracies shall be grounds for denial of the Definitive Plan.

It is recommended that a licensed design professional be responsible for the coordination of the elements of the Definitive Plan, prepared by other professionals.

3.2.2. Filing Procedure for Definitive Plan

Any Applicant submitting a Definitive Plan for approval shall comply with the following filing requirements:

a. File with the Planning Board the following:

1. An original drawing of the Definitive Plan, one (1) mylar and eight (8) contact prints thereof in dark lines on white background (Section 3.2.3.).

2. The original and eight (8) contact prints of the locus plan (Section 3.2.3.u).

3. The original and eight (8) contact prints of the profile plan (Section 3.2.4.).

4. Three (3) copies of the drainage calculations and drainage run-off plan (Sections 3.2.5.).

5. Three (3) signed copies of the report of subsurface conditions and soil percolation tests (Sections 3.2.6.(a)).

6. Three (3) signed copies of the statement concerning filling or earth removal (Section 3.2.6.(b)).

7. Three (3) certified copies of certain recorded instruments and plans affecting the subdivision (Section 3.2.6.(c)).

8. Three (3) conformed copies of instruments establishing easements in contiguous land (3.2.6.(d)).

9. Three (3) properly executed copies of each of the following forms:

(i) Application Form C

(ii) Designer's Certificate (Form D)

(iii) List of Abutters (Form E)

(iv) Covenant (Form F) (1)

10. One (1) 1" = 200' scale copy of the Definitive Plan.

11. A filing fee payable to the Town of Sherborn in an amount indicated in the attached fee schedule. A statement signed by the engineer or surveyor preparing the Definitive Plan setting forth the computation of the filing fee shall accompany such payment.

b. Give written notice to the Town Clerk, by delivery or by registered mail, postage prepaid, that the Applicant has submitted such Definitive Plan to the Planning Board, together with a copy of Form C and a copy of the Definitive Plan as submitted. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land.

A Definitive Plan shall not be considered to have been submitted until the Applicant has filed with the Town Clerk a notice stating the date of submittal. If the notice is given by delivery, the Town clerk shall give a written receipt or a dated stamp of receipt on a copy of Application Form C.

c. Such plan shall be considered submitted, unless within 21 days of such delivery the Board determines that the application is incomplete because it does not contain the information required in Section 3.2.4 of these Regulations or the proper procedure was not followed. If the application is considered incomplete, the Planning Board shall notify the Applicant and the Town Clerk in writing.

d. File with the Board of Health, at the time of filing the Definitive Plan with the Planning Board, three (3) copies of each plan and document as submitted to the Planning Board along with the Board of Health filing fee.

e. At the same time as the submission of the Definitive Plan to the Planning Board, the Applicant shall have made application for all other local, state, and federal permits or approvals required for the construction of streets, easements, utilities, and other improvements in the subdivision as provided in these Regulations. Evidence of such filing, or inquiry, in the form of a copy of such application, and of any action by other agencies, shall be submitted to the Planning Board with the application for the Definitive Plan.

f. An Applicant may withdraw a Definitive Plan upon written request which is approved by vote of the Board.

g. Upon submission of the Definitive Plan the Planning Board shall retain custody of the original transparencies on mylar or linen of the proposed Definitive Plan. If the Applicant wishes to revise the Definitive Plan after its original submission, the Planning Board shall release the original transparencies only after receipt of a written request for an extension of time for the Board to act upon the application of at least 45 days, to begin the date the plans are returned.

h. Subsequent submission of a revised Definitive Plan may be handled in the same manner as an original submittal, including the payment of an additional fee for review of the alternate or revised plan. Submission of a plan, which in the opinion of the Board, is so substantially revised as to constitute a new application shall be treated as a new application and will be accepted for processing only upon a written request from the Applicant for the withdrawal of an earlier application.

3.2.3. Contents of the Definitive Plan

The Definitive Plan shall be clearly and legibly drawn in india ink or laser plotted on 4 mil double sided mylar or 3 mil single sided mylar to a scale of 1" = 40' on sheets measuring 24" X 36" and shall comply with the recording requirements of the Register of Deeds or of the filing requirements of the Land Court, in the case of registered land. If multiple sheets are used, they shall be accompanied by an index sheet of the same dimensions drawn to an appropriately reduced scale. The Definitive Plan shall be prepared in accordance with the 1971 Land Court Manual of Instructions as amended and shall contain the following:

a. Subdivision name, perimeter boundaries, north point, Assessor's map number and lot number, names and addresses of the record owner and the subdivider and name, address, signature and imprint of the seal of the registered civil engineer and registered land surveyor preparing the plan;

b. Proposed boundaries, north point, date of survey, date of plan and date of each revision thereto, scale legend and land area table showing the total acreage of the subdivision and the total acreage included in each of the following categories:

(i) building lots,

(ii) streets and ways

(iii) utility, drainage and other easements,

(iv) recreation and conservation sites,

(v) all wetland areas including brooks, ponds and other water bodies,

(vi) other categories, if any;

c. Names of all abutters as they appear on the most recent Assessors' list;

d. Side and center lines of all proposed streets, ways, and passageway easements, and sidelines of proposed driveways, including connections with existing or proposed ways on adjoining land. Numbered station locations shall be marked along the center lines of all streets at one hundred (100) foot intervals and at all changes in direction. If the plan contains dead-end streets, provision for future access to existing or previously approved streets or to adjoining land which is not yet subdivided shall be shown. Lines shall be indicated by bearings referred to the north point. Relative error of closure shall conform to the requirements of the 1971 Land Court Manual of Instructions as amended;

e. Accurate dimensions, bearings, length and radius of arc, tangent (or chord) distances, central angles of curves and such other data as may be required to determine readily the precise location of every street and way line and width, lot boundary, easement line, common or public area boundary, and to establish these lines on the ground;

f. Permanent boundary markers properly identified as to whether existing or proposed, the number and locations of which shall comply with Section 5.11;

g. Location, names and present widths of streets bounding, approaching or within reasonable proximity to the subdivision;

h. Location, purpose, dimensions, and center line courses of all drainage and utility easements, existing or proposed, and location, purpose and dimensions of all passageways, bridlepaths, trails and other easements, existing or proposed;

i. Proposed street names inserted in pencil on the original Definitive Plan and profiles;

j. A closed traverse of the whole subdivision and of every street and lot within the subdivision;

k. Location and outline of all existing buildings and site features including, but not limited to, large trees (diameter 12 inches, three feet above ground level) within the proposed right of way and/or building envelope, existing walls, fences, wooded areas, rock ridges, and outcroppings; all wetland resource areas subject to local jurisdiction (bogs, swamps, marshes, water courses, ponds and floodplain areas) within or adjacent to the subdivision;

l. Indication of the zoning districts within which the subdivision is located;

m. Zoning district boundary lines and floodplain district lines, if any, located within or in close proximity to the subdivision;

n. Minimum building setback lines on all lots as determined by Section 4.2 of the Sherborn Zoning By-Laws;

o. Location and description of all proposed and existing drainage facilities, including the size, type and location of storm sewers, manholes, catch basins, pipes, culverts, headwalls and drainage ditches, detention/retention ponds and other incidental and special facilities;

p. Existing and proposed topography at two (2) foot contour intervals prepared from a topographical field survey, showing the elevation of the tops of rises, hill, hummocks, and ledge outcroppings, the bottoms of all low points , bowls and swales, and boundaries of wetlands as determined under Ch. 131, Sect. 40 (Mass Wetland Protection Act) and regulations thereunder, and under the Town of Sherborn's Wetlands Bylaw. Elevations and two (2) permanent bench marks shall be based on, in the same datum as, and referenced to U.S. Coast and Geodetic Survey Monuments. Existing and proposed contours on the Definitive Plan are to tie in with existing and proposed contours on individual lot plans;

q. Location of sidewalks and delineation of natural terrain features, including trees six (6) inches or more in diameter, to be preserved in areas between the proposed roadway and the right of way lines;

r. Typical cross sections of each street;

s. Printed legend for endorsement of the Board's approval in the following form:

"This plan is approved on condition that no lot in the subdivision shown hereon shall be sold until the streets, ways, municipal services and utilities are constructed in accordance with the terms and conditions of an agreement dated ____________ , 20__, between the Town of Sherborn acting through its Planning Board and ____________________________(1) a copy of which agreement is recorded herewith and subject to conditions imposed by the Board of Health and to the recording of this plan and said agreement with the Middlesex South District Registry of Deeds (or Land court) on or before __________________, 20__.

_____________________________

_____________________________

_____________________________

_____________________________

_____________________________

Being a majority of the Sherborn Planning Board

Date _____________, 20__"

(1) Insert name of each owner of land within the subdivision.

t. Printed legend for the Town Clerk's endorsement in the following form:

"I, Town Clerk of the Town of Sherborn, hereby certify that notice of approval of this plan has been received and recorded at this office and no notice of appeal was received during the twenty (20) days next after the receipt and recording of such notice.

_______________________ ____________________________

Date Town Clerk"

u. A separate transparent reproducible locus plan at a scale of 1" = 600" showing the following:

1. Boundaries of existing lots, streets, ways, easements and public or common areas which bound, approach or are in reasonable proximity to the subdivision in solid black lines;

2. Boundaries of the subdivision and of all proposed lots, streets, ways, easements and public or common areas in broken lines;

3. North point and scale legend;

4. Name of subdivision, name of each owner and subdivider, date of plan and name, signature and imprint of seal of the engineer or surveyor preparing the plan.

3.2.4. Contents of Plans and Profiles

Profiles shall be drawn in ink or laser printer on 4 mil double sided mylar or 3 mil single sided mylar at a vertical scale of 1" = 4' and a horizontal scale of 1" = 40' and corresponding sections of the street survey plan shall also be shown at the same horizontal scale on each profile sheet. Profiles shall show the following:

a. The centerline of all proposed streets, ways, drains, sewers, headwalls, and waterways, together with cross sections of all headwalls, under drains, drainage ditches, open channel brooks and other water courses. See Appendix, Schedule B, Typical Sections.

b. The existing ground surface profiles along the centerline and each sideline of proposed streets.

c. Elevations and two permanent bench marks based on, in the same datum, and referenced to U.S. Coast and Geodetic Survey monuments;

d. Proposed drainage system showing the types and sizes of all pipes, catch basins, manholes, culverts and headwalls, the invert and rim elevations of all catch basins and manholes, the approximate surface elevation at 100-foot intervals, of all waterways within the subdivision and at each point where a drainage pipe ends and the approximate depth of water at these points;

e. Rates of gradient of all streets, ways, drainage pipes, culverts and waterways shown in percentage figures at each change in grade;

f. Legend:

1. Existing surface at center line in fine black solid line;

2. Existing surface at right side line in fine black long dash line;

3. Existing surface at left side line in fine black short dash line;

4. Proposed surface at centerline in heavy line with grade elevations shown at every 50-foot station along vertical tangents and at every 25 foot station along vertical curves.

5. Proposed grades in percent along vertical tangents and vertical curve data.

3.2.5. Drainage Calculations and Run-off Plan

Drainage calculations and run-off plan shall be certified by a registered professional engineer to substantiate the proposed pipe sizes and adequacy of design of the subdivision drainage system prepared in compliance with Section 4.4.

3.2.6. Groundwater Impact Assessment

The Board may require that the following be submitted where such information is necessary to evaluate the plan because of special circumstances of the proposal or its location;

a. Location of aquifers, recharge areas, or watersheds for existing or potential drinking water supplies.

b. Maximum groundwater table elevation and direction and velocity of groundwater flow.

c. Projection of nutrient loading (nitrate-nitrogen concentrations) in groundwater downgradient of the subdivision in the water resources protection district.

d. Analysis of open and closed drainage system alternatives, examining effects upon the recharge of aquifers and the quality of groundwater and surface water.

3.2.7. Accompanying Documents

a. A report in writing certified by a registered professional engineer describing the subsurface conditions within the subdivision, including locations and results of all tests made to ascertain subsurface conditions within the subdivision, and on each proposed lot in the subdivision, provide locations and results of tests made to ascertain subsurface soil, rock and ground water conditions, depth to ground water and locations and results of all soil percolation tests conducted in accordance with the requirements of the Board of Health;

b. A statement in writing, signed by the Applicant and by the engineer and surveyor preparing the Definitive Plan, describing in detail any recent or contemplated filling, excavation, relocation or removal of earth, (including, but not limited to soil, loam, sand, clay or gravel) within the subdivision. With respect to each such filling or removal operation within the subdivision, including all filling, cutting and grading required in the construction of the subdivision streets and ways, the statement shall indicate, by reference to the definitive survey and profile plans, the approximate perimeter of the area affected thereby, the approximate amount of earth to be placed, relocated or removed and the changes in elevation resulting therefrom. Specific explanation is required on any fill to be added, if removal is also proposed, and such fill shall be "clean fill" and subject to review by the Conservation Commission;

c. Three (3) certified copies of all instruments and plans of record, if any, describing or delineating existing easements, covenants, agreements, and restrictions affecting any land within the subdivision;

d. Three (3) copies of agreement, if any, providing for the acquisition by the record owner of the subdivision of such rights and easements in land contiguous to the subdivision as may be necessary for the lawful discharge of water from the subdivision drainage system onto such contiguous land or for the extension to the subdivision of utilities or municipal services over, across or under such land;

e. Engineer's and surveyor's field notebooks, if requested by the Board.

3.2.8. Review by Other Boards and Commissions

a. The Planning Board shall promptly after the date a submission of a Definitive Plan is considered to be complete notify the following department and boards of such submission and request their review and recommendations.

Conservation Commission

Board of Health

Fire Department

Police Department

Building Inspector

Community Maintenance and Development Department

And such other department, boards, committees or commissions as it may consider appropriate, given the substance of the application.

b. Except for the Board of Health who shall report to the Planning Board within forty-five (45) days after receipt of the plan, all other departments and boards who are notified shall be given thirty-five (35) days after receipt of such notice to make a report to the Planning Board, in writing, of their recommendations.

The Planning Board shall not render a decision on the plan until forty-five (45) days from the date of such notice has expired or earlier if all reports are received.

c. Any report submitted to the Planning Board by a reviewing department or board shall be considered by the Planning Board in making its decision on a Definitive Plan. The Board may also request any department or board to review the plan with the Planning Board and/or to provide information regarding the Definitive Plan at the public hearing.

d. A copy of any report submitted to the Planning Board, by another department, or board as part of the review of a Definitive Plan will be furnished to the Applicant upon request.

3.2.9. Conferences and On-Site Inspection

a. After the application is considered complete, the Applicant may request conferences with the Board, as necessary.

b. Within 14 days of the date that an application is considered complete, the Applicant shall proceed to staking and preparation for the on-site inspection by the Board. Staking shall consist of placing stakes in the ground delineating the location of proposed ways, driveway centerlines and such other features as the Board may request.

The centerline of the proposed streets shall be marked with stakes at no more than 100 foot intervals with sufficient markings on said stakes to relate to the station locations as shown on the plan. After the staking, the Board will conduct a site inspection at a time to be arranged with the Board.

3.2.10. Public Hearing

a. Before approval, modification and approval, or disapproval, of a Definitive Plan is given, a public hearing shall be held by the Planning Board, notice of the time and place and of the subject matter, sufficient for identification and including the location of the proposed subdivision and the name of the Applicant, shall be given by the Planning Board at the expense of the Applicant by advertisement in a newspaper of general circulation in the Town of Sherborn, once in each of two successive weeks, the first publication being not less than fourteen (14) days before the day of such hearing, and by mailing a copy of such advertisement to the Applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent assessors list. (M.G.L. Chapter 41, Section 81T)

b. Prior to the endorsement of the Definitive Plan, the Applicant shall file evidence that he has paid the cost of providing required notice, and of conducting the hearing, if any. No plan shall be endorsed until such expenses have been paid.

c. The Applicant shall be given the opportunity to present his proposal at the public hearing.

3.2.11. Action

a. The Board will either approve, approve with modifications, or disapprove the Definitive Plan within the time set for Board action by M.G.L. Ch. 41, Section 81U.

b. The action of the Board, including any conditions of approval or specific reasons for disapproval, shall be stated in a Certificate of Action and filed with the Town Clerk and a copies sent by the Board to the Applicant by certified or registered mail.

Unless an appeal is taken to the superior court from the action of the Board and a written notice of such appeal is received by the Town Clerk within 20 days of the receipt by the Town Clerk of the certificate of action, the Planning Board shall endorse the approved Definitive Plan and refer thereon to any conditions of approval or to any instrument describing such conditions.

c. The approval by the Board of a Definitive Plan does not constitute a laying out or acceptance by the Town of the streets within the subdivision as public ways.

d. The Applicant shall be responsible for the expense of furnishing the Board, prior to recording, three sets of full size black or blue line prints and one set of 3 mil diazo mylars of all drawings comprising the Definitive Plan. Prior to the start of construction of a subdivision, the Planning Board shall cause to be recorded at the Applicant's expense, the Definitive Plan and all legal documents which relate thereto.

e. Unless otherwise waived, any such certificate shall be deemed to include without limitation the following:

1. The construction of all streets and ways and the installation of all municipal services shall be completed in accordance with these Rules and Regulations, within a period of two years from the date that the approved plan and this Subdivision Covenant are recorded/filed at the appropriate registry. During street construction, the Applicant shall conduct compaction testing as requested by the agent appointed by the Planning Board to oversee the subdivision or, if no agent, CMD.

2. Any sale, transfer or other transfer of ownership of rights or interests in all, or any part of, the subdivision property described in the approved Subdivision Plan shall include a condition that successors are bound to these General Conditions. In the event of the sale of the entire subdivision: 1) the Planning Board shall be provided with the name, the address and telephone number of the new owner and of the representative, if other than the owner, responsible for the project and 2) for projects in which construction is secured by covenant, a new covenant shall be executed by the new owner and recorded/filed at the applicable registry.

3. No construction work may be started until the Definitive Plan, the Certificate of Action, the Covenant (if applicable), and any required easements have been recorded/filed at the applicable registry.

4. After recording the documents listed above and before construction may begin, the following shall be completed:

a. Mark the proposed "limit of work" in the field, stake the location of the street, mark the trees to be preserved in the street rights-of-way, and schedule an appointment with the agent appointed by the Planning Board to oversee the subdivision or, if no agent, CMD for inspection by an authorized representative. The "limit of work" is defined as a point 5 feet beyond the extent of the cut slope, fill slope or other areas of grading necessary to construct the proposed subdivision street.

b. Make arrangements with the agent appointed by the Planning Board to oversee the subdivision or, if no agent, CMD for periodic inspections of work during the construction period.

5. The "limit of work" line shall remain marked until all construction is completed. The area outside the "limit of work line" shall be protected from damage or loss caused by construction activities by erecting barriers and avoiding stockpiles of earth materials on the root systems of trees during construction. The following is also required in relation to the limit of work line:

a. All workers shall be informed that no construction activity is to occur beyond this line.

b. The relocation of the line is not permitted without the prior written approval of the Planning Board or its representative.

c. The area outside the limit of work line shall be protected from damage during construction. The area outside the limit of work line shall not be used for the storage of building or earth materials, equipment, vehicles or construction debris or as a construction staging area.

6. The developer shall maintain a copy of the approved Definitive Plan and of any approved change orders and a copy of the Certificate of Action (and the Covenant, if applicable) at his/her normal place of business and on the site during construction. The developer shall provide a copy of the approved plans and the Certificate to any broker, agent, development entity, builder or attorney authorized to act in the subdivision, sale or rental of property within the subdivision and they shall maintain a copy of the plans and this Certificate and the Covenant at their normal place of business and furnish them to any person interested in purchasing a lot.

7. No construction activity in or adjacent to the subdivision, which may cause noise, vibrations, glare, dust, debris or other detrimental impact, which affects any adjacent lots, shall take place (i) prior to 7:00 a.m., (ii) after 5:00 p.m. (or sunset, whichever is later), or (iii) at any time on Sunday or on any national holiday.

8. As soon as possible during construction, all disturbed upland areas shall be brought to final finished grade and all slopes created as a result of cut or fill shall be stabilized to prevent erosion by either: (a) loaming and seeding in accordance with USDA Soil Conservation Service Guidelines for permanent stabilization, or (b) another way approved by the Conservation Commission and/or the Planning Board.

9. All debris, including stumps, and construction refuse shall be disposed of offsite, promptly and properly, and the construction site shall be maintained in clean condition.

10. Final contours, for the construction of the street, are to remain as shown on the Definitive Plan. Any desired change must be requested in writing and can be made only with the prior approval of the Board or, where authorized by the Board, the CMD. Such approvals shall not require a public hearing nor an amendment to the approved Definitive Plan.

11. Permanent bounds, as specified by the Town's standard details, shall be set at all angle points and at the beginning and end of each curve on the sidelines of the right-of-way. Permanent bounds shall be installed to delineate any easements offered to the Town in the same manner.

Iron pins or equivalent permanent markers or monuments shall be set at each corner of each lot and at each change of bearing on any lot line.

Temporary markers at the location of all permanent bounds, markers or, monuments, as noted on the approved Definitive Plan, shall be set prior to the construction of the street and the issuance of any building permit, including a foundation permit; but permanent bounds or monuments, shall not be installed, within the limit of work line, until all construction which might damage or destroy them is completed. The markers for each Lot must be permanently installed before a "Certificate of Occupancy" for any dwelling unit thereon will be issued.

12. Electric, telephone, and other types of transmission wires, such as cable television, and the provision for foundations for street lights with wiring in place, shall be installed underground to one side of the pavement, as shown in the typical section but not under the pavement. Utility crossings of subdivision streets required for utility system continuity shall be laid out in a manner that minimizes the crossings.

13. Prior to the installation of the binder course for the street, all underground connections that will be placed in the right-of-way, shall be made to the limits of the right-of-way. No trenching will be allowed within the right-of-way subsequent to the installation of the binder course. No building permit, except for a foundation permit, may be issued until this work is complete.

14. No building permit, including a foundation permit, shall be issued until:

a. All underground utilities are installed to the right-of-way line of the subdivision street.

b. The binder course is installed, except where winter weather conditions will not allow for the installation of the binder course. In that case, the Building Inspector may issue a limited building permit, limiting the work to the foundation, framing, closing in and roofing, and "rough" plumbing or electrical work, without the issuance of a full building permit, prior to the installation of the binder course. With this limited building permit, no work shall be allowed on insulation, or on the interior finish stage of construction, finish plumbing or finish electrical work until the installation of the binder course.

c. The location of the bounds on the subdivision street and on any easements are temporarily marked if the construction is not at the point where the permanent bounds may be installed.

15. After the installation of the binder course, no utility structure shall be left protruding in the right-of-way if the finish course cannot be placed before winter. If utility structures are up above the binder course as winter approaches, the utility structures shall be lowered to the binder course level without the use of temporary asphalt pavement.

16. The Applicant shall prepare and update an accurate and complete set of the construction plans showing each element "as built," and a signed set of the as built plans shall be delivered to the Board prior to release of final security. At the request of the Board, such as builts shall be confirmed for accuracy by an outside engineer at the Applicant's expense. Minor changes from the approved plan may be made in the field provided there is a written change order which must have the prior written approval of the appropriate Town supervising entities, as designated by the Planning Board for such purpose. A copy of all such change orders shall be furnished to the Planning Board and shall be maintained by the Applicant. These approved changes shall be included in the "as-built" plans.

17. The Applicant shall be responsible for maintaining, in a healthy condition, all new trees and shrubs planted within the right-of-way of the subdivision streets for a period of one year after planting. If the location and/or specie of the plants is changed from the approve landscape plan, by direction of the Trees Warden, the Planning Board or their representative, the new information shall be submitted in the form of a plan to the Planning Board upon completion of the planting. After one season, trees that are dead, damaged or not likely to survive in a healthy state, shall be replaced in kind and maintained for at least one additional season.

18. If, at any time, the construction of the subdivision is not in compliance with the approved plans, or any approved change order, the Certificate, and/or the Covenant, the Board may order that work on the construction of the subdivision be stopped, and request that the Building Inspector defer the issuance of any additional building permits or certificates of occupancy until the non-complying construction is corrected and brought into compliance. If the Board issues a stop work order, the Board, or its designees, may also: 1) require that additional surety be provided to allow for the correction of the noncomplying construction. 2) suspend or rescind the release of any, or all, lots which have not already been conveyed to a homeowner by filing a notice of such suspension or rescission in the Registry of Deeds.

19. The Board reserves the right to release the lots on an individual basis in relation to the amount of work that has been completed, and provided further that, if required by the Planning Board, adequate alternative surety has been made available.

3.2.12. Street Names

Street names shall be submitted to the Historical Commission for comment and be approved by the Planning Board to prevent duplication or close similarity to names of existing streets and to provide names in keeping with the character of the Town. Names reflecting geographic, natural or historical features are preferred to names of persons.

3.2.13. Performance Guarantee

No Definitive Plan will be approved until the Applicant has furnished surety as, required by law, to insure that all required improvements within or appurtenant to the subdivision will be made in compliance with these Rules and Regulations and in conformity to the approved Definitive Plan, as modified or amended by the Planning Board and/or the Board of Health. All such required improvements shall be secured by one, or in part by one and part by the other, of the two methods described in Sections 3.2.13 (a) and 3.2.13 (b), respectively, which the Applicant may vary from time to time at his election. (M.G.L., Chapter 41, Section 81U)

a. Method One - Performance Bond

A performance bond of the Applicant running to the Town of Sherborn secured by surety (Form H) or by money or negotiable securities deposited with the Town Treasurer (Form I or Form J) in such amount as the Board shall determine to be sufficient to cover the cost of completing the required improvements, or such portion thereof not secured by covenant under Section 3.2.13.b. Such Bond shall be conditioned upon full and satisfactory completion of all such improvements within such time as the Board shall determine, but in no event more than two years from the date of the Board's endorsement of its approval of the Definitive Plan.

b. Method Two - Covenant

A covenant running with the land duly executed by each record owner of the land within the subdivision. Such covenant shall be either inscribed on the Definitive Plan or be contained in a separate recordable document (Form F) referred to on the plan and shall provide in part that no lot shall be built upon or sold until all improvements required under these Rules and Regulations shall have been completed and approved by the Board as provided herein.

If the Applicant elects to secure performance by covenant, either in whole or in part, approval of the Definitive Plan by the Board will be made conditional upon (i) the recording of the Definitive Plan with the covenant (either endorsed on the plan or contained in the separate document) not later than 60 days after the Board's endorsement of its approval of the plan and (ii) completion of all required improvements within such time as the Board shall determine but in no event more than 24 months from the date of such endorsement.

The covenant, whether inscribed on the plan or contained in a separate document, shall contain a proviso that the construction of all streets and ways and the installation of all municipal services shall be completed in accordance with the applicable Rules and Regulations of the Board within ___?____ months¹ from the date of the Board's endorsement of its approval of the Definitive Plan, and that failure to so complete shall automatically rescind approval of the plan.