A separate storm water management report shall be submitted together with the definitive subdivision plans. The report shall be prepared in accordance with the applicable provisions of section 6.14 and Appendix VIII of these Regulations.

5.4.1 Applicability: Any subdivision of a residential subdivision which creates frontage for six (6) or more lots, and all non-residential subdivisions, shall be accompanied by eight (8) copies of an Environmental and Community Impact Analysis. The Board may require portions of this Analysis be carried out for shorter roads if, in their opinion, the sensitivity of the land, neighborhood or infrastructure warrants the investigation. The Environmental and Community Impact Analysis shall clearly and methodically assess the relationship of the proposed development to the natural and man-made environment of Ipswich. This report shall be prepared by professionals qualified, experienced, and, as applicable, licensed, in their fields. Such professionals may include Registered Professional (Civil) Engineers, Traffic Engineers, Architects, Landscape Architects, Land-Use Planners, Hydrogeologists, Hydrologists, Biologists and other environmental professionals. The applicant shall bear the cost of this analysis.

5.4.2 Purpose: This analysis shall be a guide to the Planning Board in its deliberations and will build into the Board's decision-making process consideration of the environmental and community impacts of the proposed development.

5.4.3 Concerns to be Addressed: For each of the components of the Environmental and Community Impact Analysis listed under paragraph 4 below, each of the following concerns must be separately addressed:

a. The Environmental and Community Impacts of the Proposed Development - The primary and secondary environmental and community impacts, both beneficial and adverse, anticipated as a result of the proposed development; this section shall include all impacts resulting from the construction phase as well as those resulting from the projects completion;

b. Adverse Impacts which cannot be avoided should the proposed development be implemented - The report shall describe the kinds and magnitudes of adverse impacts which cannot be reduced in severity or which can be reduced in severity but not eliminated;

c. Alternatives to the proposed development - The report shall develop, describe, and objectively weigh alternatives to the proposed development which are allowed by the Zoning By-law; and

d. Measures to be used to minimize adverse environmental and community impacts - Corrective and protective measures which will be taken, as part of the project, to minimize adverse impacts shall be described in detail.

5.4.4 Topics to be Evaluated and Level of Detail Required: The Applicant, as part of a Preliminary Subdivision Plan submitted in accordance with the requirements of Section IV, shall provide a draft Environmental and Community Impact Analysis. The draft shall address all pertinent aspects of Section 5.4. The Planning Board, upon review of the draft Environmental and Community Impact Analysis, shall specify which of the following topics shall be evaluated in detail, within the Definitive Plan submittal. If no preliminary subdivision plan is submitted, the Environmental and Community Impact Analysis shall evaluate all of the following topics:

5.4.4.1 Natural Environment

a. Air and Noise Pollution - The impact of local air quality and noise from the proposed development (including traffic generated from the development), both during and after construction, shall be evaluated; for larger developments (over 30 dwelling units) the Planning Board may require detailed technical reports of such impacts;e

b. Water Pollution - The impact of storm water run-off on adjacent and downstream surface water bodies and sub-surface ground water shall be evaluated; dangers of flooding as a result of increased down stream runoff, especially peak runoff; and the impact of the proposed project on water table levels shall also be analyzed;

c. Land - Compatibility of the proposed development with existing soils; the impact of any soils or other such materials to be removed from or added to the site; and the potential dangers and impacts of erosion and sedimentation caused by the proposed development;

d. Plants & Wildlife - The impact that the proposed project may have on wildlife habitat and on any rare or endangered plant or animal species known to exist in the area;

e. Water Supply - The average and peak daily demand and the impact of such demands on the ground water; and

f. Sewage Disposal - The average and peak daily disposal and the impact of each disposal on the ground water.

5.4.4.2 Man-Made Environment

a. Existing Neighborhood Land Use - Compatibility with adjacent or nearby existing land uses, or approved private development plans, if known, for adjacent or nearby land use changes to occur during the life of the proposed development; if not compatible, reasons therefor shall be detailed; and

b. Zoning - Compatibility of proposed development with the purposes of the Protective Zoning By-Law and the Zoning district(s) within which the site is located.

5.4.4.3 Public Services

a. Schools - The expected impact on the school system, both elementary and secondary levels, and the number of students; projected school bus routing changes and projections of future school building needs resulting from the proposed project;

b. Police - The expected impact on police services, time and manpower needed to protect the proposed development and service improvements necessitated by the proposed development;

c. Fire - Expected fire protection needs; on-site fire fighting capabilities; on-site alarm or other warning devices; fire-flow water needs, source and delivery system and other needs shall be presented; fire department service improvements necessitated as a result of the proposed project shall also be discussed;

d. Recreation - On-site recreation provisions shall be detailed and off-site recreation demands shall be estimated; provision for public open space, either dedicated to the Town or available to its residents or employees shall also be described;

e. Solid Waste Disposal - Analysis of the projected volume and type of solid waste to be generated by the proposed development and methods of removal;

f. Traffic - The expected impact of traffic generated by the proposed development on area roadways; discussion shall include existing average and peak traffic volumes and composition, projected average and peak traffic generation and composition, intersection impacts and analysis of area roadway and intersection capacities; methodologies used to make projection shall be included; and

g. Highway - Projected needs, responsibility and costs to the Town of roadway maintenance shall be analyzed; impacts of construction equipment on area roadways shall also be discussed.

5.4.4.4 Aesthetics

i. Lighting - The type, design, location, function and intensity of all exterior lighting facilities shall be described; attention given to safety, privacy, security, and daytime and nighttime appearance shall be detailed; ii. Landscaping - Provisions for landscaping shall be described including type, location and function of all plantings and materials; and iii. Visual - Attention given to views into the site and from the site shall be described; included shall be long-distance views as well as views to and from adjacent properties.

5.4.4.5 Planning

Analyze the compatibility of the proposed development and its alternatives with the goals and objectives of the most recent Master Plan and the most recent Open Space Plan.

5.4.4.6 Traffic Impacts

The applicant shall provide an analysis of development impact which, at a minimum, includes the following:

a. The existing Level of Service (LOS - see definition below) of relevant road systems including quantitative and qualitative measurements of operational factors including speed, travel delay, freedom to maneuver and safety;

b. The expected change in the condition of relevant road systems as a result of the proposed development;

c. The comparison on a per-acre basis of the total vehicular traffic generation from the proposed development with: i) The existing and potential vehicular traffic generation from all other developments accessing relevant road systems; and ii) The vehicular traffic generation which would be expected to produce a LOS below LOS "C"; and

d. In determining the impact of vehicular traffic generation from a development, the following standards and definitions shall be used (unless the applicant demonstrates to the Planning Board that given the nature of the proposed project or applicable road systems, other standards are appropriate): i) Trip generation rates for land uses as listed in the most recent update of Trip Generation, Institute of Transportation Engineers, Washington, D.C.; and ii) Levels of Service: "Level of Service (LOS) is a term which traffic engineers use to define the various operating conditions that occur on a roadway or intersection when accommodating various traffic volumes; although LOS is a qualitative measure of traffic flow, it is an acceptable measurement for determining overall impact of development on roadway networks; LOS "A" is associated with relatively free-flow and average overall traffic speed in excess of 30 miles per hour; LOS "B" represents stable flow with minor delays and speeds of 25 miles per hour or greater; LOS "C" corresponds to the design capacity of a road system and indicates stable flow with delays, and speeds of 20 miles per hour or more; LOS "D", "E", and "F" correspond to decreasing abilities to travel greater than 15 miles per hour and correspond to the over-capacity of the road system.

5.4.4.7 Cost/Benefit Analysis

The Applicant shall provide a cost/benefit analysis of the development at full build-out; this municipal cost/benefit analysis should follow standard and usual procedures for measuring both the benefits to be derived and costs to be incurred by the Town of Ipswich as a result of the proposed development; this also should estimate net benefits or costs of non-quantifiable environmental impacts.

5.5.1 Application Review: Within fourteen (14) days after the filing of the Definitive Plan Application (Form C) with the Board, the Board's Designee shall notify the Board and the applicant in writing of any missing or incomplete information in the application. At that time, the applicant may withdraw an incomplete application by notifying the Board and the Town Clerk, in writing, of the decision to withdraw the application from consideration.

If the applicant withdraws the application, the filing fee shall be forfeited.

If the applicant does not withdraw an incomplete application within seven (7) days of notification of incompleteness, the Board shall proceed to advertise and hold a Public Hearing on the application as submitted. No additional information or materials shall be accepted for review after the receipt of application is acknowledged by the Board without their express written consent. If the Board approves the acceptance of additional submission materials, the applicant is required to formally amend the application with amendment materials being provided to the Town Clerk, the Board of Health and the Board.

5.5.2 Public Hearing: Upon determination by the Board that the application for approval of the Definitive Plan is complete, or that it is incomplete and the applicant has failed to withdraw or seek to formally amend the application, the Board shall set a date for the public hearing and so notify the applicant.

Notice of the hearing shall be arranged by the Board or the Board's Designee, at the applicant's expense, by advertisement in a newspaper of general circulation in Ipswich in each of two (2) successive weeks, the first publication being not less than fourteen (14) days before the day of such hearing: and by mailing, return receipt requested, not less than ten (10) days before the date of the hearing, a copy of the advertisement to all owners of land abutting upon the land included in the plan as appearing on the most recent tax list.

5.5.3 Report of the Board of Health: The Board of Health shall submit a written report to the Board within forty-five (45) days after the plan is filed. Said report shall indicate approval or disapproval of said plan and, in the event of disapproval, shall make specific findings in the report, and where possible, shall make recommendations for adjustment. Failure to report within forty-five (45) days after filing shall be deemed approved by the Board of Health. If the proposed subdivision is to be serviced by the Ipswich sewage system, failure to report within forty-five (45) days after filing shall also be deemed approved by the Board of Health.

Extreme care shall be practiced in the layout of a subdivision in unsewered areas. The extent of soil evaluation shall be determined by the Ipswich Board of Health Agent based on the Town of Ipswich Soils Maps and whatever other soil information is available. The tests which may be required include deep hole test holes, percolation tests and test borings, and the number of tests required shall be determined by the Board of Health Agent.

Before any building construction may commence on a lot, a permit to construct an individual subsurface absorption area must be obtained from the Board of Health for each such individual lot not served by the Ipswich sewage system, if required; moreover, a condition shall be inscribed on the plan as follows: "No building or structure shall be built or placed on any lot without a permit from the Board of Health, if such a permit is required."

5.5.4 Plan Review by Other Town officials: Prior to approval of any Definitive Plan, the Board shall give due regard to the reports of the Town Planner, the Town Engineer, the Director of Public Works, the Director of Public Utilities, the Director of Public Safety, the Fire Chief, the Conservation Commission and any technical expert hired by the Board.

Where any deviations from the design requirements specified by these Rules and Regulations or the Town of Ipswich's design standards and construction specifications are indicated on the plan, the Board's designee shall so notify the Board and shall provide a written statement approving or disapproving said deviation.

The Board's designee shall also provide a recommendation of the proper amount of security as required in Section 6. This recommendation shall be based on information provided by the Applicant on the cost of performing the various items of work described in the plans. Due to the fact that the Board is using the security as assurance of project completion, the Board may, at their reasonable discretion, factor in administrative costs, applicable prevailing wage schedules, engineering and inspection services and a contingency for the project.

After the Public Hearing the Board will approve, modify and approve or disapprove the plan as submitted. Criteria for action by the Board shall be the following: a) completeness and technical adequacy of the plans and supporting materials; b) determination that development at the proposed location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible traffic hazards, or environmental degradation which could be avoided or ameliorated through an alternative plan; c) conformity with the design and construction standards described in these Rules and Regulations and in attached Appendices; d) conformity with all applicable zoning requirements; e) consistency with the purposes of the Subdivision Control Law as described in M.G.L. c.41, s.81M.

Following such action, and within ninety (90) days of receipt of the Definitive Plan, the Board shall file a certificate of its action with the Town Clerk and send notices of its action by certified mail to the applicant. In the event a Preliminary Plan has not been filed, or in the event that a Preliminary Plan previously had been filed and disapproved by the Board, the Board shall file a certificate of vote within one hundred thirty-five (135) days of receipt of the Definitive Plan.

5.6.1 Time Extensions: Further time, as may be agreed upon by the Board and the applicant, may be allowed for the Board's decision. Such time extensions shall be at the written request of the applicant and such notice(s) of time extension shall be filed forthwith by the Board with the Town Clerk.

5.7.1 Performance Guarantee - Construction Element: Before endorsement of approval, the Board shall require that timely construction of improvements indicated on the Definitive Plan be secured by one, or in part by one and in part by another, of the methods described in sections 5.7 a.,b., and c. which method(s) may be selected and from time to time may be varied by the applicant. The sufficiency of the amount and type of the security shall be determined by the Board, based on the costs of construction. The Board shall, at their reasonable discretion, include provisions for administrative costs applicable prevailing wage schedules, and contingency to cover the costs of completion should the Board be required to complete the construction. The alternative methods of security are as follows: a) by a proper performance bond or deposit of money or negotiable securities, in an amount to be determined by the Board to be sufficient to cover the cost of the construction of the ways and the installation of municipal services. Each bond or deposit shall be computed on the basis that such construction and installation be completed within such period of time as the Board shall determine. Each bond and/or-deposit agreement and/or security filed shall be approved as to form, manner of execution and sureties by the Town Manager or his designee. (See Forms D and E for the suggested forms.) b) by covenant running with the land, which shall be executed and recorded by the owner of record, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed by other than mortgage deed, provided, that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such, premises or part thereof may sell any such lot, subject, to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed. (See Form F for suggested form.)

In order to determine if the lots are adequate security, the Board may require appraisal(s), completed by a licensed appraiser, of the lots to be held as security. Said appraisal(s) shall be at the sole expense of the applicant. c) by delivery to the Board of an agreement executed by the applicant and the lender after recording of the first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant by the lender. This agreement shall provide for retention by the lender of funds sufficient in the opinion of the Board to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work, and shall further provide that in the event the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be available for completion.

Any covenant given under the preceding paragraph and any condition required by the Board of Health or Health Agent shall be either inscribed on the plan or contained in a separate document, referred to on the plan.

5.7.2 Performance Guarantee -- Fees for Inspectional Services:

Before endorsement of approval, the Board shall require the Applicant to submit a cash deposit or an irrevocable letter of credit in a form acceptable to the Board, of a sum sufficient to guarantee payment for the services of the Board's subdivision inspector. The amount of this deposit or letter of credit shall be determined, and may be revised from time to time, by the Board, exercising its reasonable judgment.

The Board's approval of a Definitive Subdivision Plan, if granted, shall be endorsed on the plan only after the expiration of the twenty (20) day appeal period and after certification of the Town Clerk that no appeals have been taken.

Following recording of the endorsed plan and Board's written decision at the Essex South District Registry of Deeds or the Land Court by the Applicant, the Applicant shall provide the Board with four (4) complete sets of prints of the recorded plan, four copies of the recorded written decision and one copy of the recorded covenants and restrictions or other required documents. The Board shall transmit one set of plans and one written decision each to the Building Inspector, the Town Engineer and the Subdivision Inspector.

5.8.1 Filing of Notice of Modification, Amendment or Rescission: No register of deeds or recorder of the Land Court shall accept for record a notice of modification, amendment or rescission of approval of a plan of a subdivision unless such notice contains a statement by the Board that such modification, amendment or rescission does not affect any lot or rights appurtenant thereto in such subdivision which lot was conveyed or mortgaged in good faith and for valuable consideration subsequent to the approval of the subdivision plan.

5.9.1 Written Request: Upon completion of improvements required by these Regulations, the applicant may request either partial or full release of the bond, deposit or covenant by filing a statement of completion and a request for release to the Town Clerk and the Board. The statement shall include: a) written evidence from the subdivision Inspector and/or Board designee that the streets and drainage conform to the Board's requirements in accordance with the approved Definitive Subdivision; b) written evidence from the Subdivision Inspector and/or Board designee that the underground wiring, water mains, sanitary sewers, storm sewers, hydrants and/or other site improvements conform to the specifications and the Board's requirements in accordance with the approved Definitive Plan; c) written evidence from both the Subdivision Inspector and the Town Engineer that as-built and road layout plans have been submitted and reviewed; d) written evidence from the Subdivision Inspector and/or Board designee that the improvements have been exposed to one complete winter environment (Dec. 1 - April 30) without damage, or that damage, if incurred, has been repaired to the satisfaction of the Subdivision Inspector and the Town Engineer; and e) written evidence from the Tree Warden that installation of street trees and other plants as described in Section 6 have been completed satisfactorily, the plant materials are in healthy condition and that the warranty has been assigned to the Town.

5.9.2 Partial Release: Prior to final release of security, the Board may, at its discretion, grant up to three (3) partial releases from the required security for partial completion of improvements provided that: a) no reduction shall reduce the bond, deposit or covenant to a value below the estimated cost of completing the unfinished portions of the improvements; b) no lot shall be released from the covenant unless and until construction of ways and installation of municipal services up to and including the base course of asphalt to serve said lot both have been completed to the Board's satisfaction (See Forms D and E); c) no partial release of security shall be granted until the Board has received written verification from the Subdivision Inspector and/or the Board designee that substantially more than fifty percent (50%) of the required improvements have been completed satisfactorily; d) no partial release shall reduce the security by more than fifty percent (5%) of the amount being held at the time the release is requested; and e) no partial release of security shall be granted until the Board has received stamped record plans documenting construction completed to date.

5.9.3 Final Release of Security: If the Board determines that the required improvements have been completed in accordance with these Rules and Regulations, it may release the interest of the Town in any bond or deposit and return the bond or deposit to the applicant, or release the covenant by appropriate instrument. (See Forms D, E and F)

However, the Board shall retain security in an amount equal to at least 10% of the total cost of landscaping and street improvements to ensure construction adequacy against latent defects. Such security shall not be released until the fee in the road and any related instruments have been conveyed to the town and said road has been accepted at Town Meeting or until three years have elapsed since completion of improvements in accordance with the approved plans and associated conditions, whichever occurs first.

5.9.4 Refusal of Release: If the Board determines that required construction or installation has not been completed, it shall specify, in a detailed written determination, the items of construction or installation which fail to comply with its Rules and Regulations by notice sent by registered mail to the applicant, a copy of which shall be delivered to the Town Clerk. If the Board fails to so notify the Town Clerk and the applicant within forty-five (45) days of receipt of a request for release of security, as described in Section 5.9.1, the deposit or bond shall be returned and any covenant shall become void. In the event that the forty-five (45) day period expires without such specifications or without release of the security, the Town Clerk shall issue a certificate to such effect. (see Section 5.15)

Failure of an Applicant to record the Definitive Plan within six (6) months of its endorsement by the Board at the Essex South District Registry of Deeds or at the Land Court; or to comply with the construction schedule incorporated into the performance agreement; or to initiate construction of improvements in a subdivision within seven (7) years of the approval of the Definitive Plan; or to comply with all applicable Protective Zoning By-law requirements; or to comply with the approved plans and any conditions of approval; shall constitute grounds for rescission of approval in accordance with the requirements and procedures set forth in M.G.L. c.41, s. 81-W.

Any such bond may be enforced and any such deposit may be applied by the Board for the benefit of the Town of Ipswich, as provided in M.G.L. c4l, s.81-Y, upon failure of the performance for which any such bond or deposit was given to the extent the reasonable cost to the Town of completing the construction and installation of the improvements.

The proceeds of any such bond or deposit shall be made available to the Town for expenditure to meet the cost and expenses of the Town in completing the work as specified in the approved plan. If such proceeds do not exceed one Hundred Thousand Dollars ($100,000.00), the expenditure may be made without specific appropriation under M.G.L. c.44, s. 53; provided, however, that such expenditure is approved in advance by the Board of Selectmen.

5.12.1 Acceptance: Approval by the Board of a Definitive Subdivision Plan shall not constitute acceptance by the Town of any street, sidewalk or other municipal service within the subdivision.

5.12.2 Ownership: The Applicant shall retain title to the fee of each street, path or easement in, or appurtenant to, the subdivision until conveyed to the Town and shall maintain and repair the streets and improvements in a manner satisfactory to the Town, acting by and through its Board, during this period. A notation shall be made on the plans which indicates the Applicant's ownership of said street(s) pending acceptance by the Town.

If the Town must maintain a portion of, or enter the subdivision for the purpose of public safety, emergency purposes, or otherwise, the Town reserves the right to charge the Applicant for services rendered.

Prior to final release of security, the Applicant shall submit to the Board and the Board of Selectmen all the necessary documentation for street acceptance including, but not limited to, plans in a form acceptable to the Registry of Deeds or the Land Court, a street layout plan, legal descriptions, easements, a list of owners and mortgagees of lots having rights in the street(s), and all other necessary grants, of deeds or instruments affecting a locus.

5.12.3 Maintenance by Applicant: The Applicant shall be responsible for maintaining in good repair all streets in the subdivision after release of the security, as required in section 5.7 and Section 5.9 or until the streets are accepted by the Town Meeting. To assure such responsibility, the Applicant shall guarantee the maintenance of the streets in the subdivision in a condition which meets all the requirements of these Rules and Regulations to the satisfaction of the Board, by posting with the Town a maintenance security, in an amount sufficient in the determination of the Board, to secure the aforesaid maintenance. The applicant shall be responsible for maintenance of all improvements within the street, from edge to edge of the right-of-way, as shown in Figure 1.

The Board may impose as a condition of approval on a Definitive Plan that construction of all ways and all installation of municipal services shown on the plan be completed within three (3) years of the date of approval. If the construction and installation is not completed within a three (3) year period, the approval shall automatically lapse and no way shall be laid out, constructed or opened for public use unless and until a new Definitive Plan application has been filed in accordance with the Rules and Regulations then in effect and the new plan has been approved by the Board.

The Board, its officers and agents, may, as far as they deem necessary in carrying out the subdivision control law, enter upon any lands and there make examinations and surveys or to place and maintain monuments and marks.

An accurate "as-built" or record plan and profile of the roadway(s) and associated site improvements, prepared by a registered professional engineer and registered professional land surveyor, shall be submitted to the Board after completion of the construction and prior to any partial release. Said plan shall indicate the record location of all municipal services as actually installed. Sufficient ties, including depths shown as profiles, for the proper and accurate identification and location, shall be provided. Additional information to be provided includes, but is not limited to, the location of each stump dump and/or spoil disposal area within the subdivision, location and size of sewer pump/lift stations, location and total storage provided of detention ponds, and other similar facilities.

The applicant shall submit a partial as-built drawing, with completed municipal services, for review and acceptance by the Board, before the placement of any pavement.

A statement shall be provided on the "as-built" plans that the information provided conforms to these regulations, to the design interfere of the design engineer and that any exceptions, exclusive of granted waivers, shall be noted on said plan.