SECTION 1.00 - GENERAL PROVISIONS

1.01 ENACTMENT

These regulations are established under the authority of 24 V.S.A. Chapter 117, herein referred to as the Act.

1.02 PURPOSE

The purpose of these regulations is to provide for orderly growth and coordinated development in the Town of Shaftsbury with respect to the comfort, convenience, safety, health, welfare of the people; to implement the Town Plan, to assure conformance with the municipal zoning regulations,' and to regulate the approval and filing of subdivision plats.

SECTION 2.00 - GENERAL PLANNING STANDARDS

2.01 PURPOSE

No subdivision of land shall be made and no land in any subdivision shall be sold, transferred in ownership, or contracted to be sold or leased, and no street construction shall be started until a subdivision permit has been granted by the Commission and other required local and state permits have been issued.  The subdivider shall familiarize himself with all state and town regulations relative to health, buildings, roads and other pertinent issues so that he is aware of the obligations and standards expected.  The subdivider may avail himself of the assistance of the Commission before preparation of the application or plans.  Standards for the design and layout of necessary public improvements not otherwise provided for in this bylaw shall conform to the standards set by the agencies having jurisdiction over the improvements.

2.02 CHARACTER OF LAND FOR SUBDIVISION

Land considered for subdivision shall be of such character that it can be used for building purposes without danger to public health, or safety, or to the environment.

2.03 NATURAL RESOURCES

The Commission is charged with ensuring the  conservation of natural, rural, and scenic  resources of Shaftsbury, while allowing uses permitted by the Zoning Bylaws.  Particular attention will be given to the following:

1.             The development or subdivision of  lands, containing significant agricultural, forest, public water supplies, wildlife habitat, and/or mineral and earth resources shall be planned to minimize impacts on these resources.

2.             Vital and valuable resources and other assets of a community nature shall be identified and protected by      

                the Commission.  These include:

                A.            Streams: year-round watercourses shall be preserved in a free-flowing state with a buffer of at          

                                least 50   feet maintained between the stream bank and development.

                B.            Hillsides, Mountains, and Ridgelines: Development shall be carefully planned through proper

                                siting of structures and protection of natural vegetation to minimize environmental damage and       

                                visual impacts, particularly in areas where natural slopes exceed 20% and on sites prominently         

                                exposed to public views.

                                During construction, builders shall utilize conservation practices which minimize erosion, lessen     
                                impact on roads, streams, wildlife habitats, and prevent other environmental hazards.

                C.            Wetlands: Any development that would significantly impact any of the wetland benefits   

                                noted in the Town Plan (Section 5.2.3) shall not be permitted.

                D.            Aquifers and Recharge Areas: Shall be protected from activities or development that would              

                                adversely affect the quantity or quality of available groundwater.

2.04 AGRICULTURAL LAND

Agricultural land is an important component of the working landscape of the Town.  To promote agricultural uses and the retention of productive farms and agricultural land, development of open lands containing primary or secondary agricultural soils should be configured to minimize the encroachment of residential uses on agricultural land.  The following guidelines should be used in subdivision design:

1.          The right to use land for agricultural purposes adjacent to any subdivision should be guaranteed through the imposition of right-to-farm covenants.

2.          Building sites should be designated to minimize impact on prime agricultural fields.  The Planning Commission may require designation of building envelopes and/or adherence to appropriate provisions of Section 6.0 of these regulations in order to achieve proper siting of houses in developments containing prime agricultural soils.

3.          Boundaries of subdivision lots should follow existing natural divisions such as fence lines, streams, etc. to minimize the fragmentation of tillable fields or pastures.

2.05 LOT LAYOUT

The layout of lots shall be appropriate for the intended construction and shall conform to the requirements of the municipal zoning regulations.  Consideration in lot layout shall be given to topographic conditions,aesthetics, surface and ground water resources, fragile (natural resource and natural hazard) lands as identified in the Town Plan, important agricultural land and soil conditions.  Lot layout shall not result in an undue modification of the natural conditions of the land.  Lots should be configured as regular shapes; unusual or unusable extensions from regular shapes shall be avoided.  Lot length shall not exceed four times lot width.

2.06 DENSITY OF DEVELOPMENT AND SUITABILITY OF LAND

Residential density should maintain a level of density compatible with land capability.  While the intensity of use is established in the municipal zoning regulations, the actual density permitted on any site may be further limited by the Planning Commission if significant portions of the site have severe limitations for development.  Factors that may limit development include: remoteness, access by narrow or seasonal roads or inadequate infrastructure, topographic limitations,  soils rated severe for percolation or erodability, or important agricultural soils.  Land subject to periodic flooding, poor drainage, or other hazardous conditions should not contain any portion of land designated for a building site.

2.07 EROSION CONTROL

An erosion-control plan shall be prepared as part of the approval process which details procedures that will be used to: (1) minimize the potential for increased runoff to surface waters, (2) minimize the potential for erosion and siltation of drainageways, and (3) stabilize exposed soils.

2.08 GROWTH MANAGEMENT

A subdivision shall not cause an undue impact with respect to the ability of the community to provide municipal or educational services.  If, after consulting with the school board, the superintendent of schools, and municipal officials, the Planning Commission determines that the subdivision will result in a rate of growth whereby the Town cannot adjust financially or provide necessary services, the Planning Commission may impose conditions to limit the impact of the project and/or require the time phasing of project to mitigate undue impact.

SECTION 3.00 - STREET STANDARDS

3.01 STREET LAYOUT

Streets shall be logically related to the topography so as to produce usable lots, reasonable grades, good drainage, and safe intersections in relation to the proposed use of the land to be served by such streets.

3.02 NEW STREETS      

Any new street within a subdivision shall meet the following minimum requirements whether intended for acceptance by the Town or not:

1.          Gradient: All roads shall have a maximum grade of 8% and a minimum grade of 2%, as provided for in the Town's policies and specifications for highways.  A grade of over eight (8%) percent may be accepted under certain conditions only, if the Select Board finds it would be in the best interest of the Town, but nothing over twelve (12%) percent will be accepted.

2.          Access:

A.            All lots within a subdivision shall have at least 50 feet of frontage on a public street or be served by a permanent easement or right-of-way of at least 50 feet in width.  Such access shall be legally recorded, improved to the standards set forth herein, free from mortgage and with all drainage rights provided.  The Planning Commission may approve a permanent easement or right-of-way not less than 20 feet wide serving one lot only, and legally recorded along with the provision that the single lot will not be further subdivided.

                B.            Rights-of-way serving lots which do not front on an existing public or private street shall not           

                                intersect said existing street at intervals less than 300 feet, unless the Planning Commission              

                                determines that a greater interval is appropriate based upon the resulting character of the lot(s)                                                                                       

                through which the rights-of-way pass.  Proposed roads within a development shall, where possible, be designed to provide an open (non-closed) system with at least two entrances onto existing public roads in order to promote safety and efficient road maintenance.

            C.            When a parcel to be created has no available access, but is adjacent to other holdings of the            

                                applicant, the access requirements preceding may be waived, provided that, as a condition of the    

                                waiver, the following language is made a term of any contract of sale or lease of the parcel and is     

                                recited in any deed and contained upon the final plat for filing purposes:

                        "The parcel may not be developed or conveyed:

                                (1)without first receiving approval by the Shaftsbury Planning Commission pursuant to     

                                section 3.02 (2) of the Shaftsbury Subdivision Regulations; or

                                (2)unless the parcel is conveyed to the owner of an adjacent parcel, the two parcels are     

                                legally and effectively merged, and the resulting combined parcel complies with all              

                                applicable regulations.

             D.               The Planning Commission may require that the development of three or more abutting lots be          

                                designed to reduce direct access to a highway from the lots individually, with a maximum of one      

                                direct access for every two lots.

E.                      Anytime access to a parcel is by means other than a public road, a maintenance agreement in a form acceptable to the Planning Commission shall be required.

3.         Culverts:  Adequate drainage culverts, not less than eighteen (18) inches in diameter, must be installed at all necessary points.  Culverts may be of the corrugated or spiral type used for roadwork and all sections joined with bands recommended by the companies which manufacture the culvert.  If concrete culverts are used, they must be of an approved make with joints well cemented and meet the State specifications on concrete pipe.  All culverts must be installed well below the surface of the road with not less than sixteen (16) inches of gravel over the top.  An elliptical culvert of equivalent size to an eighteen (18) inch culvert may be used where necessary to obtain the necessary sixteen (16) inch covering of gravel.  All culverts must be installed with adequate pitch and proper ditches to carry run-off away from the road.

4.          Drainage: An adequate storm water drainage system for the entire subdivision area shall be provided, unless, in the judgment of the Commission, the natural topography and easy access to natural watercourses makes a storm drainage system unnecessary.  Storm drainage shall be carried to existing watercourses, or connect to existing storm drains.  If the storm water.drainage system creates a discharge over any adjacent property, the subdivider shall obtain an easement therefor from the adjacent owner and shall hold the Town harmless from any claims for damage resulting therefrom.

5.          Width of Traveled Portion and Shoulders: The width of the traveled portion shall be at least 20 feet, with a two-foot shoulder on each side of the traveled portion, Guard rails will be required as advised by the Road Foreman and/or Planning Commission.

6.              Road Composition:  Sub-grade is to be firm and free of excess moisture, and stabilized with 2” (or less in size) crushed gravel in any soft spots known to exist.  The road shall be constructed to one of the following standards:

                    Paved Road Base – well drained subsoil:

Sub-base of not less than 12” (after compaction) of 2” (or less in size) crushed gravel, and a top of 6” (after compaction) of workable, fine crushed gravel for the full shoulder-to-shoulder width – a total of 18 inches of gravel.

Paved Road Base – poorly or moderately drained subsoil:

Sub-base of not less than 12” (after compaction) of 6” (or less in size) bank run gravel placed on a full width stabilization mat, and a top of 6” (after compaction) of workable, fine crushed gravel for the full shoulder-to-shoulder width – a total of 18 inches of gravel.

There shall be a ditch along the outside of the toe of the shoulder which shall be lower than the bottom of the gravel.

7.          Dead-End Roads: Any road which is a dead-end road shall be provided with a place at the end for turning around equipment, school buses, and emergency vehicles.  A cul-de-sac may be used with a sixty (60) foot radius, minimum fifty (50) foot radius traveled area.  A “T” or a fish tail, minimum fifty (50) feet each arm may also be used.  Type of turnaround shall be reviewed by the Road Foreman.   Where dead end roads are a possibility in the development of adjoining land, road and utility r.o.w. must be extended to the outer property line of the parcel to accommodate potential future development.

8.          Paved Road Entrance: Any new road entering a paved highway or a paved town road must have a blacktop apron 24 feet in length from the edge of the highway it is entering.  The design of said apron is to be approved by the Road Foreman.

9.          Unpaved Road Entrance: Where paved access roads or driveways enter an unpaved town road, written approval by the Road Foreman is required for the distance the paving may extend into the right-of-way. (Generally, this will be along the edge that receives routine road maintenance.)  Where culvert repair or other road maintenance requires cutting and replacement of paving, that expense will be borne by the owners of the lots accessing that road.

10.                 The petitioner is also responsible for any road signs necessary.  All signs must be purchased from the Town of Shaftsbury and must conform to E-911 and the Manual of Uniform Traffic Control Devices (M.U.T.C.D.).  The name of a road shall be approved by the Select Board and the E-911 commission. 

The Planning Commission may impose other road design standards in order to ensure that slopes and horizontal and vertical curvature, embankments, and soil erosion precautions are adequate to meet the needs of the subdivision and protect the environment.  The Commission may seek the advice of a qualified engineer, the Road Foreman or the Board of Selectmen in making a determination under this subsection.

3.03 EXISTING PRIVATE STREETS

That portion of any existing private street serving three or more lots shall be improved to meet the standards cited in Section 3.02.

3.04 EXISTING PUBLIC STREETS

If the access road to the subdivision is less than the standard for the class of road so designated, the Commission may require the subdivider to improve the access road to the standards cited in Section 3.02. The commission may also require the subdivider to make arrangements for maintenance of the access road satisfactory to the Commission until such a time as the Board of Selectmen may reclassify the road.  In the case of subdivisions requiring construction of new streets, any existing street which provides either frontage to new lots or access to new streets shall meet the minimum standards established by the Town of Shaftsbury for such street.  Where a subdivision requires undue expenditures to improve existing town streets to conform to minimum requirements, the Commission may disapprove such subdivision until the Selectmen shall certify that funds for the improvements have been assured.

3.05 DEDICATION TO THE TOWN

Any street intended for dedication to the Town shall be constructed to meet the requirements in the Town's policies and specifications for town highways, established by the Road Foreman and Board of Selectmen.  Acceptance of such streets shall be at the discretion of the Board of Selectmen.

3.06      DEFERRAL OF STREET REOUIREMENTS

1.          The Planning Commission may waive the requirements of Sections 3.02 - 3.04, except the requirement for          

             right-of-way width.  Waivers may be granted only to subdivision streets serving no more than three lots.         

2.          Any waiver of the street standards granted by the Planning Commission shall be recited in any deed for any lot served by such street in the form as follows:

                "The access road serving this lot does not meet the established minimum requirements of the Town of          

                Shaftsbury Subdivision Regulations in regard to gradient, width, sub-base materials, or other design              

                criteria,   and therefore the use of this road for residential purposes is not recommended-"

SECTION 4.00 - WATER SUPPLY & WASTEWATER DISPOSAL

4.01 GENERAL

Wherever feasible, it is recommended that projects subject to the jurisdiction of these rules connect to approved municipal water and sewer facilities.  For projects proposing on-site water supply and sewage disposal, these rules are intended to: prevent the creation of health hazards; prevent surfacing sewage or the pollution or contamination of drinking water supplies, groundwater and surface water; ensure the availability of an adequate supply of potable water; insure the provision of adequate drainage as related to the proper functioning of sewage disposal or water supply systems; and insure that facilities are designed and constructed in a manner which will promote sanitary & healthful conditions during operation and maintenance.

Granting of a permit or certification of compliance under these rules does not relieve the project owner of the responsibility for satisfactory functioning of the systems approved, nor limit his/her responsibility or liability under other statutes or rules.

4.02 REQUIREMENTS

The following requirements shall have been met before final approval is granted by the Planning Commission:

1.          If applicable, a State subdivision, water supply & wastewater disposal, exemption, and/or deferral of permit shall have been granted by the Department of Environmental Conservation,

             Agency of Natural Resources.

2.             For each lot within a subdivision, and/or the creation or extension of a commercial enterprise, a site-specific sewage treatment & disposal system design by a professional engineer or certified site technician shall have been submitted to and approved by the Shaftsbury Building Inspector.  The design shall meet the requirements of subchapter 10 of chapter 5 of the Vermont Health Regulations.  Such design and accompanying information shall be made available for the use of subsequent purchasers of each property.  Inspection of the system installation shall occur in accordance with SC10,C5,VHR, and construction shall be supervised by the Shaftsbury Building Inspector and by a professional engineer or certified site technician, who shall report, in writing to the Commission, that construction was completed in conformance with the approved plans, specifications, and permit conditions.  This certification shall be the responsibility of the property owner at the time of installation.

3.          Water supplies intended to utilize the North Bennington Public Community System will meet the requirements as to ability to service, design, and construction established by the Town of Shaftsbury Water Board, and shall be approved by the Water Board Supervisor.

                Proposed on-site systems will adhere to the standards of the water supply rule, Chapter 21 of the     Environmental Protection Rules, Agency of Natural Resources, and will ordinarily utilize those   provisions of Appendix A, Part 11, Small Scale Water Systems, of said rules, regarding  design and        

                construction of potable water supplies, storage, and distribution systems.  Such designs and accompanying

                information shall be made available for the use of subsequent purchasers of each property.  Inspection of     

                the system installation shall occur in accordance with said rules, and construction and development of on-   

                site supplies shall be by a licensed well contractor, who, upon completion, shall supply a copy of the well     

                log to the Commission.  Complying with installation requirements shall be the responsibility of the  

                property owner of record.

4.          Any property development requiring the commission's approval which is located on a lot containing an            

             existing structure may be exempted from the requirements of Sections 4.02 and 4.03 provided:

                ~              an adequate potable water supply is present;

                ~              a functioning on-site sewage disposal system is present which is not causing pollution or a health

                                hazard (to be certified by a professional engineer or certified site technician);

                ~              there will be no increased water usage; and

                ~              all portions of the existing wastewater treatment and disposal system are located at least 100 feet                                                                                    

                                from any newly created lot line.

4.03            DEFERRAL OF WATER SUPPLY AND WASTEWATER DISPOSAL REQUIREMENTS

1.          The owner of an unimproved lot of land may waive his/her development rights thereto involving the construction, placement or erection of. any building or structure, the useful occupancy of which would require the installation of water supply and wastewater disposal facilities.  The Commission may grant approval of permit with deferral provided that the owner waives his/her right to develop, as noted above, or to convey, by sale or by lease, the parcel of land without first meeting the requirements of subsection 4.02 of these regulations.  The terms and conditions of the deferral shall be binding upon all successors in title.  A parcel created under the provisions of this section shall not be resold unless a subdivision permit is obtained or the waiver of development rights is included in the deed or lease and notice of the purchaser's name and address is filed with the Commission prior to conveyance.

2.          Any waiver of development rights shall be made a term of any contract of sale or lease of the parcel, and shall be recited in any deed and be contained upon the final plat for filing purposes in the form as follows:

                "In order to comply with the Town of Shaftsbury Subdivision Regulations, the grantee shall not construct,  

                place, or erect a structure or building on the parcel of land created and/or conveyed herein, the useful            

                occupancy of which will require the installation of water supply and wastewater disposal facilities, without

                first complying with section 4.02 of said regulations.  By acceptance of this, the owner or grantee    

                acknowledges that this lot may not qualify for approval for development under the appropriate regulations,

                and that the Town of Shaftsbury Planning commission may deny an application to develop the lot."

3.          To remove the deferral encumbrance so imposed, the owner or purchaser of a parcel created under the provisions of this section who subsequently seeks to develop said parcel, must comply with the following:

            A.            New application must be made to the Planning Commission, indicating compliance with     

                                subsection 4.02 of these regulations;

                B.            The Planning Commission will review the proposal at a public hearing following public notice;

                C.            Should the subdivision permit be granted, a new plat, with the deferral language of subsection        

                                4.03(B) removed, must be filed as provided for in these regulations.

Upon successful completion of these conditions, the waiver of development rights clause may shall  be dispensed with in any subsequent deed.

SECTION 5.00 - APPLICATION & APPROVAL PROCEDURE

 5.01 APPLICABILITY

Application and approval is required for the division of a parcel of land into two or more lots.  Whenever any subdivision of land is proposed to be made, before any contract for sale of such subdivision or any part thereof is made, before any grading, clearing, logging, permit for erection of a structure in such proposed subdivision is granted, the subdivider shall apply in writing to the Planning Commission for and secure approval of the proposed subdivision.

The sale, exchange, or other transfer of parcels between adjoining lot owners, where such transaction does not create additional building sites or cause any existing lot to be made noncomplying regarding density and dimensional requirements, shall not be considered a subdivision.  The Commission requires review and approval of such transaction and shall consider the proposal, presented in accordance with Section 5.04 of these regulations at a regularly scheduled meeting following a fifteen day period after public notice.  The resulting parcel configuration shall be required to illustrate that no additional lot was created, but rather, that the description of the adjacent parcels are rewritten with the adjustment reflected.  Proposed deed descriptions showing merged parcels are required to accompany the plans.  Compliance with Section 5.09 is also required.

5.02 SKETCH PLAN SUBMISSION

Prior to submitting an application for subdivision, the applicant shall submit to the Administrative officer three copies of a sketch plan of the proposed subdivision which shall include: existing and proposed property lines; type, location, and size of existing and proposed streets, utilities, and existing structures; name and address of owner of record and applicant; and name of owners of record of adjacent properties.  The sketch plan shall be presented at a scale which adequately depicts natural features, proposed improvements and general site conditions.

The applicant or his authorized representative shall attend a meeting of the Planning Commission to discuss the requirements of these regulations, and to receive the commission's decision as to classification of minor or major subdivision category, as defined in Section 8.00 of these regulations.  The Commission shall study the sketch plan to determine its conformance to or conflict with the town plan and zoning bylaws; evaluate its compatibility with existing or proposed private or public developments; assess potential impacts to public facilities and services; and consider any special problems that may be encountered.  The Commission shall determine whether the sketch plan meets the purposes of these regulations and may make specific recommendations for changes; such recommendations to be made no later than the time of the next regular meeting of the Commission.

5.03 GENERAL APPLICATION PROCEDURES

The Administrative Officer shall provide to any applicant the necessary forms for any municipal permit, and will coordinate the municipal effort in administering its development review programs.  The Administrative Officer shall also inform applicants that they should contact the Agency of Natural Resources Permit Specialist for possible requisite state permits.

The applicant shall, within six months of the sketch plan approval and classification, proceed to file application on forms provided by the Administrative officer and prepared/approved by the Planning Commission.  Upon submission of the application, the applicant shall pay a fee in accordance with the schedule established by the Planning Commission and approved by the Board of Selectmen for the administration of subdivision review.  Included in said fee shall be the anticipated costs of any public hearing and/or warning expenses not otherwise provided for herein.  In addition, the applicant shall notify all adjacent landowners to the proposed subdivision, in writing, of the intent of application, including the date, time, and location of the first public hearing to be held by the Planning Commission; such notification to be mailed or delivered not less than ten days prior to the first public hearing.

Major subdivisions are required to meet procedures for submission and review of preliminary and final phases.  The preliminary stage is waived for minor subdivisions, which shall require only the submission of a final plat.

5.04            PRELIMINARY PLAT SUBMISSION REQUIREMENTS

Four copies of the preliminary plat shall be submitted at least ten days prior to the warned public hearing, conforming to the layout shown on the sketch plan plus any recommendations made by the Commission, and shall contain, or be accompanied by, the following information:

1.               Proposed subdivision name or identifying title;

2.               Name and address of owner of record, with deed identification, subdivider, and designer of the plat, said          

                designer to be qualified to perform such design under applicable regulations

                of the State of Vermont.

3.               Location and dimensions of all boundaries and area of entire parcel and/or contiguous parcels in single            

           ownership, whether or not all land therein is to be subdivided, along with location and dimensions of  

           proposed lot lines and areas of proposed lots;

4.               Location of existing and proposed easements, structures, watercourses and wetlands, wooded areas, and        

             other essential existing physical features;

5.               Names of adjacent landowners of record and evidence of notification, such as a certificate of mailing;

6.          Location and details of existing or proposed water mains, sewer lines, drainage ways, drainage structures;

7.          Applicable zoning designation and district boundaries;

8.          Existing street(s) names, rights-of-way boundaries and present widths, private ways, curb cuts and       intersections;

9.             Proposed street(s) 1imits, profiles, cross sections and construction specifications/details;

10.               Contours in sufficient detail to clearly indicate existing and proposed grades where proposed change in elevation will be five feet or more, and/or in order for the commission to properly evaluate specific aspects of the project, such as storm water drainage, landscaping, etc.;

11.                 Proposed connection with existing municipal water supply or proposed location of on-site water supplies.

12.           Proposed locations of any wastewater disposal systems, including location and results of test pits and         

percolation tests.

13.           Drainage plan, indicating provisions for collection and discharge of storm drainage;

14.           Soil classification, if required by the Commission, taken from U.S.S.C.S. delineation/designation;

15.           Landscaping plan, satisfying the requirements of Section 2.07 of these regulations at a minimum, and indicating proposed erosion control procedures;

16.           Vicinity map at a scale not greater than 1” = 1500’ , locating the outline of the entire parcel in relation to surrounding area, and including the nearest street intersection, if possible;

17.           Numerical and graphic scale with plan not to exceed a scale of 1” = 100’ , unless a smaller scale is approved by the Planning Commission, original and revision dates, magnetic and true north arrows;

In the case where a subdivision creates only one new lot and said lot comprises not more than 10% of the gross land area of the original parcel, the requirements of Section 5.04 shall apply only to the new lot and a sketch plan of the subdivision with original parcel boundaries shall be required.

5.05 REVIEW AND APPROVAL OF PRELIMINARY PLAT

The Commission shall consider the preliminary plat at a public hearing following a fifteen day public notice period, advertised and warned.

The Planning Commission shall review the impact of each major subdivision and determine that such subdivision:

1.             Will not result in undue water or air pollution.  In making this determination, consideration shall be given to: elevation of land in relation to flood plains, nature of soils and their ability to adequately support waste disposal, slope of the land and its effect on effluents, potential effects of construction and continued          

                activity on air quality, applicable state and local health and resource regulations.

2.             Does have sufficient water available for reasonably foreseeable needs of the development, and will not burden existing water supplies.

3.             Will not cause unreasonable soil erosion or undue reduction in the capacity of the land to hold water.

4.             Will not cause unreasonable highway congestion or unsafe conditions with respect to use of highways        

                existing or proposed.

5.             Will not have undue adverse impact on the scenic or natural beauty of the area, historic sites, or rare and irreplaceable natural areas.

6.             Maintains efficiency of allocation and distribution of street, facility, and utility installation, construction,      

                and maintenance.

7.             Will not cause unreasonable burden on the ability of the municipality to provide services, including               

                education, fire, rescue and police protection, solid waste disposal, water supply and wastewater disposal,     

                and road maintenance.

In light of findings made on these standards, the Commission may require reasonable modifications, impose conditions, and/or mandate appropriate phasing of the proposed subdivision.

Within forty-five days after the meeting on the preliminary plat, the Commission shall take action to approve, with or without modifications, or disapprove said preliminary plat.  The Commission shall state in its records any modifications which it will require, or the grounds for disapproval.  The records and preliminary plat shall also reflect the amount, surety, and conditions of any bonds which will be required before final approval.

Approval of a preliminary plat shall not constitute approval of the subdivision plat.  Prior to approval of the final subdivision plat, the Planning Commission may require additional modifications as a result of further review of the subdivision or as a result of new information obtained at any public hearing held pursuant to these regulations.

5.06 FINAL PLAT SUBMISSION REQUIREMENTS

Within six months of the preliminary approval for a major subdivision, or sketch plan approval for a minor subdivision, the applicant shall submit four copies of the final plat at least ten days prior to the public hearing, conforming to the layout shown on the preliminary plat and/or sketch plan plus any recommendations made by the Commission, and shall contain, or be accompanied by, the following information:

1.          All requirements for a preliminary plat as delineated in section 5.03;

2.          Evidence of acceptance of location, design, and specifications of proposed driveways, private streets and drainage plans by the Town Road Foreman, together with existing and proposed road profiles and cross-sections, construction plans, and specifications; also, acceptance by Board of Selectmen of streets intended for dedication to the Town;

3.             Evidence of approval by the Town Building Inspector of the design of those improvements required pursuant to section 4.00 (Water Supply and Wastewater Disposal), of these regulations and if applicable, copies of Vermont Agency of N