Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: November 2013


2.06: Implementation of an Approved Definitive Subdivision Plan

  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 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 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 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;

      (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 plan. Such plan shall be accompanied by deeds, Easements, and other appropriate documentation required for the conveyance of the Way.

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