2.06: Implementation of an Approved Definitive Subdivision Plan

1. Purpose and Process. 974 CMR 2.06 describes the process of implementing an endorsed Definitive Plan, As-Built Plans and Performance Guarantees.

2. 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 of services (974 CMR 1.00).

3. 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 as public ways, the developer shall execute an instrument transferring to the MassDevelopment valid, unencumbered title to all sanitary sewers, stormwater drains, water mains, and all appurtenances thereto constructed and installed in the subdivision and conveying to the 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 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, 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 ten feet 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 developer and his successors in title to a portion of land or street in the subdivision of responsibility to complete all construction, as required by developer's covenants and agreements with the MassDevelopment, and to thereafter maintain all streets and utilities in a satisfactory condition until they are accepted by the MassDevelopment.

   (c) Acceptance by the DEC of the improvements required for a Definitive Plan does not constitute the laying out or acceptance of by the MassDevelopment of any streets or paths within a subdivision.

   (d) The Applicant shall retain title to the fee of each street, path, or easement in or appurtenant to the subdivision until conveyed to and accordingly accepted by the MassDevelopment; and the Applicant shall maintain and repair the roads and drainage improvements in a manner satisfactory to the DEC during that period.

   (e) If the Applicant declared the intent to offer the right-of-way and other access easements to the MassDevelopment, the Applicant shall submit all necessary documentation for street acceptance, including Street Acceptance Plans in a form acceptable to the DEC, MassDevelopment, and Registry of Deeds, legal descriptions, easements, list of owners and mortgagees of lots having rights in the street, and any grants of rights necessary, for use by the DEC and MassDevelopment for formal acceptance of the way.

4. If the Applicant chooses not to offer the right-of-way and other access easements to the MassDevelopment, this shall be noted on the Definitive Plan and the Applicant will have proposed and implemented mechanisms for perpetual maintenance.

5. Endorsed and As-Built Plans.
   (a) Upon endorsement of a Definitive Subdivision 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 prepare and submit As-Built Plans at the same scale as the street 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.

6. Street Acceptance Plan.For streets proposed to be offered as public ways, 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. 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 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 way;

   Additional pertinent information as may be required by the Director or the DEC shall be provided on the plan. Such plans shall be accompanied by deeds, easements, and other appropriate documentation required for the conveyance of the way.