No plan shall be accepted for review until all information necessary
for review, as described herein, is fully provided, unless this provision
is waived by vote of the Planning Board.
A.
Contents of filing for approval not required plans. Any person who
believes a plan does not require approval under the Subdivision Control
Law may submit such plan to the Planning Board for their endorsement
that such approval is not required by providing the Board with the
following:
(1)
An original plan on linen or reproducible Mylar and fourteen (14)
paper prints of the plan showing:
(a)
The area, frontage and dimensions of the lot or lots requiring
endorsement as approval not required.
(b)
The date of the plan, scale, North point and assessor's map
and parcel number.
(c)
The name(s) of the record owner and the applicant, and the name,
seal and signature of the surveyor.
(d)
Zoning classification, the location and area of wetlands and
land in the Conservancy District.
(e)
A locus plan at a scale of at least 1" = 2,000', containing
sufficient information so the land can be readily located, such as
streets bounding or near the property.
(f)
The name of the way(s) on which the lots front, information
as to public or private ownership of the way, and the physical condition
of the way including actual width, and surface type and condition.
(g)
House numbers for new or existing lots. Numbers for new lots
can be obtained from the Planning Department.
B.
Filing procedure. As provided in MGL Ch. 41, Section 81-T, every
person submitting a plan to the Planning Board for determination that
approval is not required shall give written notice to the Town Clerk
by delivery or by registered mail, that such a plan has been 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.
C.
Endorsement of approval not required plans. If the Planning Board
determines that the plan does not require approval, it shall, without
a public hearing, forthwith endorse on the plan the words "Planning
Board approval under Subdivision Control Law not required." If the
Board determines that the plan does require approval, it shall, within
twenty-one (21) days of the submission of said plan, so inform the
applicant and the Town Clerk and return the plan. No plan shall be
endorsed as not requiring approval under the Subdivision Control Law
and no subdivision plan shall be approved unless each building lot,
if any, to be created by such plan has adequate access as intended
under the Subdivision Control Law, MGL Ch. 41, Sections 81-K through
81-GG.
D.
Determination of adequacy of ways.
(1)
The Planning Board will normally consider that existing ways provide
adequate access when the layout, design and construction meet the
standards of the Orleans Subdivision Rules and Regulations.
(2)
The Planning Board will examine, for adequacy of access, ways within,
abutting, and without the plan submitted, which are involved in the
proposed access to that plan.
An applicant may submit a Sketch Plan to review the proposed
development of a parcel of land for informal discussion with the Planning
Board. This may consist of a sketch and may contain some, but not
all, of the information on a Preliminary Plan. This pre-submission
review is strictly voluntary, and has no legal status with respect
to protection from future changes in the Orleans Zoning Bylaw or the
Subdivision Rules and Regulations.
A Preliminary Plan must be submitted for any proposed nonresidential
subdivision and may be submitted for any proposed residential subdivision.
The submission of such a Preliminary Plan will enable the subdivider,
the Planning Board, and other municipal agencies and owners of abutting
property to discuss and resolve any problems of a proposed subdivision
before more extensive engineering costs are incurred. Therefore, it
is strongly recommended that a Preliminary Plan be filed in every
case.
A.
Contents of filing for Preliminary Plans. Any person who wishes to
submit a Preliminary Plan for approval may do so by providing the
Board with the following:
(1)
Sixteen copies of the plan showing:
(a)
The approximate boundaries, area, frontage and dimensions of
the lot or lots, and of any contiguous lots in common ownership whose
area or frontage would be altered by the plan and which would not
meet current zoning requirements.
(b)
The subdivision name, if any, North point, assessor's map and
lot numbers, date of the plan, scale, legend and the title "Preliminary
Plan."
(c)
The name and address of the owner of record, the applicant and
the designer, engineer, or surveyor.
(d)
The names and addresses of all abutters, as determined from
the most recent tax list.
(e)
The existing and proposed systems of drainage and utilities.
(f)
On lots where additional dwelling(s) could be permitted, the
topography of the land, using 2' contours, derived from an actual
survey.
(g)
Zoning classification, and locations and area of wetlands and
land in the Conservancy District, and land in Groundwater Protection
District 2.
(h)
A locus plan at a scale of at least 1" = 2,000', containing
sufficient information so the land can be readily located, such as
streets bounding or near the property.
(i)
The existing and proposed lines of any easements for utilities,
conservation, access or other purposes.
(j)
The name and boundaries of way(s) on which the lots front, and
the precise legal ownership of these ways.
(k)
For the portion of ways used as frontage for the subdivision,
the approximate location of the way within the right of way, physical
condition of the way including actual width, surface type, depth of
surface materials, condition, sight distance, grade and width of right
of way. For proposed and existing roads used for access that do not
meet the standard for eleven or more homes, an analysis of the total
number of homes that could use the road for access is required.
(l)
The approximate boundaries and the physical condition proposed
for ways that will be constructed to provide access, including actual
width, surface type, depth of surface materials, condition, sight
distance, grade and width of right of way.
(3)
A fee as indicated in fee schedule attached payable when the application
for Preliminary Plan approval is submitted.
B.
Filing procedure.
(1)
As provided in MGL Ch. 41, Section 81-S, in the case of a subdivision
showing lots in a Residential Zoning District, any person, before
submitting a Definitive Plan for approval, may submit to the Planning
Board and the Board of Health a Preliminary Plan, and shall give written
notice to the Town Clerk by delivery or by registered mail, that such
plan has been submitted.
(2)
In the case of a nonresidential subdivision, any person shall submit
to the Planning Board and the Board of Health a Preliminary Plan,
and shall give written notice to the Town Clerk by delivery of by
registered mail, that such has been submitted.
C.
Approval or disapproval of Preliminary Plans. Within forty-five (45)
days after the submission of a Preliminary Plan, the Planning Board
shall notify, by certified mail, the applicant and Town Clerk either
that the plan has been approved, or that the plan has been approved
with modifications suggested by the Planning Board or agreed upon
by the person submitting the plan, or that the plan has been disapproved.
In the case of disapproval, the Planning Board shall state in detail
its reasons therefor.
D.
Protection from subsequent changes in Subdivision Rules and Regulations.
As provided in MGL Ch. 41, Section 81-Q, the Subdivision Rules and
Regulations in effect at the time of submission of the Preliminary
Plan shall govern the Definitive Plan evolved from a Preliminary Plan,
provided the Definitive Plan is duly submitted within seven (7) months
from the date of submission of the Preliminary Plan and said Definitive
Plan is ultimately approved.
A Definitive Plan shall conform substantially to any prior,
recently approved Preliminary Plan. In conformance with the requirements
of the Registry of Deeds and Land Court, a Definitive Plan shall be
prepared by a registered land surveyor.
A.
Contents of filing for Definitive Plans. Any person who submits a
Definitive Plan to the Planning Board for approval shall file with
the Board the following:
(1)
An original drawing of the Definitive Plan and sixteen (16) full
scale prints thereof, including thereon the following information:
(a)
The boundaries, area, frontage and dimensions of the lot or
lots, and of any contiguous lots in common ownership whose area or
frontage would be altered by the plan and which would not meet current
zoning requirements. Street numbers can be obtained from the Planning
Department and should be shown on the plan.
(b)
The subdivision name, if any, North point, assessor's map and
lot numbers, date of the plan, scale, legend and the title "Definitive
Plan."
(c)
The name and address of the owner of record, the applicant and
the designer, engineer, or surveyor.
(d)
The names and addresses of all abutters, as determined from
the most recent tax list, certified by the Board of Assessors.
(e)
The existing and proposed systems of drainage and utilities.
(f)
If no Preliminary Plan has been submitted, the topography of
lots where additional dwellings could be permitted, using 2-foot contours,
derived from an actual survey.
(g)
Zoning classification, and locations and area of wetlands and
land in the Conservancy District for each lot.
(h)
A locus plan at a scale of at least one 1" = 2,000', containing
sufficient information so the land can be readily located, such as
streets bounding or near the property.
(i)
The existing and proposed lines of any easements for utilities,
access or other purposes. The location, ownership and expiration of
any conservation restrictions or easements.
(j)
The name and boundaries of way(s) on which the lots front, and
the precise legal ownership of these ways.
(k)
For all ways involved in access for the proposed subdivision,
whether within, abutting or without the subdivision back to public
ways, the location of the way within the right of way, physical condition
of the way including actual width, surface type, depth of surface
materials, condition, sight distance, grade and width of right of
way. For proposed and existing roads used for access that do not meet
the standard for eleven or more homes, an analysis of the total number
of homes that could use the road for access is required.
(l)
The boundaries and the physical condition proposed for ways
that will be constructed to provide access, including actual width,
surface type, depth of surface materials, condition, sight distance,
grade and width of right of way.
(m)
Lengths and radii of all curves in lot lines and street lines.
(n)
Where any waiver of the Subdivision Rules and Regulations is
requested, the applicant shall provide a description of all dimensional
standards proposed to be waived, and proposed dimensions for the way
where a waiver is requested. The applicant shall also state how the
waiver is in the public interest and not inconsistent with the Subdivision
Control Law, as required by MGL Ch. 41, Section 81-R.
(o)
Sufficient data to determine the location, direction, and length
of every street and way line, lot line and boundary line and to establish
and reproduce these lines on the ground, to be noted in accordance
with requirements of the Registry of Deeds or Land Court.
(p)
The location of all permanent monuments, properly identified
as to whether existing or proposed, and monuments at all points of
curvature and changes in direction of street side lines. Said monuments
shall be at least five by five (5x5) inches in cross section and thirty-two
(32) inches in length. New monuments will contain ferrous reinforcing
rods.
(q)
Watercourses, marshes, coastal banks, coastal dunes, wetlands,
large trees 18" and above in diameter, measured at breast height (DBH),
and other significant natural features.
(r)
A plan showing the size and location of existing and proposed
water mains and their appurtenances and existing and proposed surface
drains and their appurtenances. If town water is not available, the
shortest distance in a direct line to the nearest 8" water main shall
be shown, measured from the closest point on the property to the water
main.
(2)
For proposed roads and for areas of panhandle lots proposed for use
as access, three copies of profiles drawn as follows:
(a)
Profiles shall be drawn with a horizontal scale of one (1) inch
to forty (40) feet.
(b)
Profiles shall be drawn with a vertical scale of one (1) inch
to four (4) feet.
(c)
Profiles shall be drawn with existing center-line elevations
shown every fifty (50) feet.
(d)
Profiles shall be drawn with proposed center-line grades and
elevations, with elevations shown every fifty-foot station.
(e)
Profiles shall be drawn with rates of gradient shown.
|
The Planning Board may also require profiles for roads or portions
of roads providing access to the subdivision where a waiver of the
Subdivision Rules and Regulations is required.
|
(5)
A fee as shown in the fee schedule below, payable on submission of
the application.
(6)
A development schedule for the completion of specific phases of the
development may be required by the Planning Board. Failure to meet
such schedule will be cause for the Planning Board to rescind its
approval and require a new public hearing before resumption of work.
B.
Filing procedure. As provided in MGL Ch. 41, Section 81-T, every
person submitting a Definitive Plan to the Planning Board for approval
shall give written notice to the Town Clerk by delivery or by registered
mail, that such plan has been 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. The Planning Board shall circulate
copies of the proposed plans to the Board of Health, Conservation
Commission, Traffic Study Committee, Building Inspector, Water Department,
Police Chief, Fire Chief, Board of Selectmen and Open Space Committee
for their review and comment.
C.
Environmental Analysis.
(1)
(2)
Contents. Much of the information required can be obtained through
the Orleans Planning Department or Conservation Commission. The scope
of such analysis shall include the following information relative
to impacts and their mitigation:
(a)
Effects of proposed development on important wildlife habitats
and outstanding botanical features and ways of avoiding or mitigating
such impacts. Minimum information to be shown shall include endangered
species habitat as identified by the Mass. Natural Heritage Program
or another state or federal agency or recognized conservation organization
with available information concerning endangered species of plants
or wildlife;
(b)
Capability of soils to support proposed development, and proposed
erosion control efforts, including vegetative cover.
(c)
Visual analysis including impact on views from existing public
ways and public waters and methods used to give prominence to natural
over man-made features in the landscape, or reasons for not doing
so. Minimum information to be provided shall include location of any
scenic easements, and views shown on maps in Orleans' Open Space,
Conservation and Recreation Plan;
(d)
For subdivisions where development could occur within three
hundred feet (300') of a wetland or containing two (2) or more lots
with land within Groundwater Protection District 2, analysis of surface
vs. underground drainage system alternatives, examine effects upon
the basin water budget and upon the concentration and speed of transport
of contaminants;
(e)
For subdivisions containing two (2) or more lots with land within
Groundwater Protection District 2, an analysis of the impact upon
ground and surface water quality and level including estimated phosphate
and nitrate loading on groundwater and surface water from septic tanks,
lawn fertilizer and other activities within the development.
(f)
Relationship to the requirements of MGL C. 131, Sections 40
and 40A, the Wetlands Protection Act.
D.
Approval/disapproval and endorsement of Definitive Plans.
(1)
Review by the Board of Health as to suitability of the land. The
Board of Health shall, within forty-five (45) days after the filing
of a Definitive Plan, report to the Planning Board, in writing, its
approval or disapproval of said plan. In case of disapproval, it shall
make specific findings, the reasons for them and, where possible,
make recommendations for adjustments. The Planning Board shall not
take action on the Definitive Plan until said report of the Board
of Health has been received or forty-five (45) days has elapsed without
such report having been received.
(2)
Public Hearing. Before approval, modification and approval, or disapproval
of the Definitive Plan is given, a public hearing shall be held by
the Planning Board. Notice of such hearing shall be given by the Board
in each of two (2) successive weeks by advertisement in a newspaper
of general circulation in the Town of Orleans, the first notice being
not less than fourteen (14) days before such hearing, in accordance
with MGL Ch. 41, Section 81-T.
(3)
Certificate of Approval and Statement of Conditions. After the hearing
required above and after the report of said health board or officer
or lapse of forty-five (45) days without such report, the Planning
Board shall approve, or, if such plan does not comply with the Subdivision
Control Law or the Rules and Regulations of the Planning Board, modify
and approve or disapprove such plan. The Planning Board shall file
a certificate of its action with the Town Clerk, and send notice of
such action by registered mail, postage prepaid, to the applicant
at his address stated on the application. Approval, if granted, shall
be endorsed on the original drawing of the Definitive Plan by the
signatures of a majority of the Board, but not until the statutory
twenty-day appeal period has elapsed, following the filing of the
certificate of the action of the Board with the Town Clerk, and said
Clerk has notified the Board that no appeal has been filed. Approval
of the Definitive Plan does not constitute the laying out or acceptance
by the town of streets within a subdivision and shall so state on
the Definitive Plan. Notice of such action, or of an agreed extension
of the time for such action, must be provided by the Planning Board
to the Town Clerk within ninety (90) days following the date of submission
of the plan if it follows action on a Preliminary Plan or one hundred
thirty-five (135) days following the date of submission in cases where
no Preliminary Plan was submitted.
E.
Modification, amendment or rescission of Definitive Plans. In accordance
with MGL Ch. 41, Section 81-W, the Planning Board, on its motion or
on the petition of any interested person, shall have the power to
modify, amend or rescind its approval of a plan of a subdivision or
to require a change in a plan as a condition of its retaining the
status of an approved plan.
F.
Performance guarantee. Before endorsement of its approval of a Definitive
Plan, the Planning Board shall require that the construction of ways
and the installation of municipal services be secured by one of the
methods listed below, or a combination of methods which, from time
to time, may be varied by the applicant upon approval of the Board:
(1)
Bond. By a proper bond, sufficient in the opinion of the Planning
Board to secure performance of the construction of ways and the installation
of municipal services required for lots in the subdivision shown on
the plan, and the Planning Board may require that the applicant specify
the time within which such construction shall be completed.
(2)
Deposit. By a deposit of money or negotiable securities sufficient
in the opinion of the Planning Board to secure performance of the
construction of ways and the installation of municipal services required
for lots in the subdivision shown on the plan, and the Planning Board
may require that the applicant specify the time within which such
construction shall be completed.
(3)
Covenant. By a covenant, executed and duly recorded by the owner
of record, running with the land, whereby such ways and services shall
be provided to serve any lot before such lot may be built upon or
conveyed, other than by mortgage deed; provided, that a mortgagee
who acquired 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 that provided
that no lot shall be built upon until such ways and services have
been provided to serve each 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 Planning 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,
as per MGL Ch 41, Section 81-U(3).
(4)
Mortgage Agreement. By delivery to the Planning Board of an agreement
executed after the recording of a 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, which agreement shall be
executed by the applicant and the lender and shall provide for the
retention by the lender of funds sufficient in the opinion of the
Planning Board and otherwise due the applicant 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.
(5)
Release from surety or covenant. Following full or partial completion of the improvements described under Section 192-6 of these regulations, security may be either fully or partially released by the Planning Board as provided in MGL Ch. 41, Section 81-U. Partial release shall be granted only if the released portion provides for traffic circulation and utility installation pending completion of the unreleased portion, in a reasonable manner. Normally, the Planning Board will consult the Highway Manager and Water Superintendent prior to authorizing a lot release.
G.
Maintenance Agreement. In the case of subdivisions using existing
or proposed sub-standard roads for access, a Maintenance Agreement
shall be required prior to endorsement of a Definitive Plan. The Planning
Board may require Maintenance Agreements for any subdivision roads.
These Maintenance Agreements shall provide for periodic trimming of
trees and brush to maintain a 14' x 14' minimum clearance for emergency
vehicles, grading, filling potholes or eroded areas, and other work
which must be performed on a regular basis to maintain the road surface.
