[Amended 3-31-1987]
A.
Submission of plan. Any person who wishes to cause
to be recorded in the Registry of Deeds or to be filed with the Land
Court a plan of land and who believes that his plan does not require
approval under the Subdivision Control Law may submit his plan and
eight contact prints and one copy of a properly executed Form A, to
the Community Planning Commission accompanied by the necessary evidence
to show that the plan does not require approval. In addition to the
above eight contact prints, the applicant should provide a duplicate
Mylar of the plan if the subject property is located on a way in a
subdivision that has not been accepted by Town Meeting as a public
way. Said person shall file by delivery or registered or certified
mail a notice with the Town Clerk stating the date of submission for
such determination accompanied by a copy of said application and describing
the land to which the plan relates sufficiently for identification.
If the notice is given by delivery, the Town Clerk shall, if requested,
give a written receipt therefor. Applications shall be accompanied
by a fee of $100, payable to the Town of North Reading, and shall
also include a copy of deed identifying record owner of property.
(1)
All lots shown on a plan presented to the Community
Planning Commission for endorsement under this section must have reasonably
feasible driveway access across the legal frontage on the street to
the building site. Determination as to feasibility of access via legal
frontage shall be made based on steepness of topography, presence/absence
of ledge, and presence/absence of wetland or FEMA Zone A floodplain
along the proposed driveway route from legal frontage to building
site. The applicant shall document compliance with this access via
legal frontage requirement on the plan. If compliance cannot be demonstrated,
submission as a definitive plan under these rules and regulations
is an alternative for the applicant.
(2)
Said plan shall be of minimum dimensions of 8 1/2
inches by 11 inches or a maximum size not to exceed 24 inches by 36
inches and shall contain the following information:
(a)
Identification of the plan by name and address
of owner of record and location of the land in question, cross-referenced
to page and parcel number of the Assessor's Maps.
(b)
The statement "Approval Under Subdivision Control
Law Not Required" and sufficient space for the date and the signatures
of all five members of the Commission.
(c)
Zoning classification and location of any zoning
district boundaries that may lie within the locus of the plan, including
identification of the Floodplain District and the Aquifer Protection
Districts.
(d)
In the case of the creation of a new lot, the
remaining land area and frontage of the land in the ownership of the
applicant shall be shown.
(e)
Notice of any decision of the Zoning Board of
Appeals, including but not limited to variances and exceptions regarding
the land or any buildings thereon. Said notation shall identify the
date of decision, the book and page of recording, along with a brief
description of the decision.
(f)
Abutters from latest available Assessor's records
unless the applicant has knowledge of any changes subsequent to the
latest available Assessor's records (see Form E, Certified List of
Abutters).
(g)
Distance to the nearest road or to other permanent
monument.
(h)
Location of all existing buildings, including
setback and side and rear yard designations.
(i)
A locus plan at 1,000 feet to the inch shall
be included on the plan.
(j)
Identification of all wetlands, based on a field survey, as defined in M.G.L. Chapter 131, Section 40, including all of the four subsets comprising "inland wetlands."
(l)
All property lines not abutting the applicant's
property and not directly related to the lot(s) being subdivided,
which may be shown on the plan, shall not be drawn as a continuous
solid line but rather with broken lines. Additionally, when an existing
lot line is being changed, the existing line shall be drawn with a
shaded, broken line and the new lot line shall be drawn with a solid
line. All existing and proposed lot lines shall be so labeled.
(m)
Certification by a registered land surveyor
pursuant to the requirements of M.G.L., Chapter 112.
B.
Endorsement of plan not requiring approval. If the
Community Planning Commission determines that the plan does not require
approval, it shall, without a public hearing, and within 21 days of
formal submission, endorse the plan.
(1)
The Community Planning Commission may add to such
endorsement a statement of the reason approval is not required. The
plan shall be returned to the applicant.
C.
Determination that plan requires approval. If the
Community Planning Commission determines that the plan does require
approval under the Subdivision Control Law, it shall, within 21 days
of the formal submission of the plan, so inform the applicant in writing
and return the plan. The Community Planning Commission shall also
notify the Town Clerk in writing of its action.
D.
Failure of Commission to act. If the Community Planning
Commission fails to act upon a plan submitted under this section or
fails to notify the Town Clerk and the person submitting the plan
of its action within 21 days after its formal submission, it shall
be deemed to have determined that approval under the Subdivision Control
Law is not required, and it shall forthwith make such endorsement
on said plan, and on its failure to do so forthwith, the Town Clerk
shall issue a certificate to the same effect.
A.
General. A preliminary plan of a subdivision may be
submitted by the applicant and eight prints of it shall be filed with
the Community Planning Commission, with properly executed application
and the necessary fee.
(1)
The applicant shall file by delivery or registered
or certified mail a notice with the Town Clerk stating the date of
formal submission (submitted plan) for such approval of a preliminary
plan, accompanied by a copy of a properly executed application Form
B. The submission of such a preliminary plan will enable the applicant,
Community Planning Commission, the Board of Health, the Public Works
Department, the Police Department, the Fire Department, the agent
to the Community Planning Commission and other town agencies and owners
of property abutting the subdivision to discuss and clarify the details
of such subdivision before a definitive plan is prepared. Therefore,
it is strongly recommended that a preliminary plan be filed in each
case. A properly executed application Form B shall be filed with the
preliminary plans submitted to the Community Planning Commission.
(2)
At least 14 days prior to the first meeting scheduled
to discuss the preliminary plan, the applicant shall notify all owners
of property abutting the proposed subdivision that a preliminary plan
has been filed. The Community Planning Commission will supply the
applicant with notification form.
[Added 11-19-1980]
(3)
The Community Planning Commission may extend the forty-five-day
period permitted by statute between submission of a preliminary plan
and action thereon upon written request of the applicant.
[Amended 9-5-2000]
(4)
Until all required information and materials are submitted,
no legal subdivision submission will have taken place and the applicant
and the Town Clerk will be so notified in writing within 14 days of
the date of filing.
[Added 2-21-1980]
B.
Contents. The preliminary plan may be drawn on tracing
paper with pencil at a suitable scale, preferably 40 feet to the inch.
The plan shall be designated as a "preliminary plan" and shall provide
sufficient information to form a clear basis for discussion of the
details of the subdivision and for preparation of the definitive plan;
the plan shall contain the following:
(1)
The subdivision name, if any, boundaries, North point,
date, scale, legend and title "Preliminary Plan."
(2)
The names and addresses of the record owner of the
land and the subdivider and the name and address of the designer,
engineer, and surveyor who made the plan, which shall appear in the
lower right-hand corner.
(3)
The names of all abutters, as determined from the
last assessment, unless the applicant shall have more recent knowledge
of such abutters (Form E, Certified List of Abutters).
(4)
The existing and proposed lines of streets, ways,
easements and any public or common areas within the subdivision, in
a general manner.
(5)
Major features of the land such as existing walls,
fences, monuments, buildings, wooded areas, outcroppings, ditches,
swamps, water bodies and natural waterways.
[Amended 3-31-1987]
(6)
The proposed system of sewage disposal, water installation
and of drainage, including adjacent existing natural waterways.
(7)
The approximate boundary lines of proposed lots, with
approximate areas and dimensions.
(8)
The names, approximate location and widths of adjacent
streets approaching or within reasonable proximity of the subdivision.
(9)
The topography of the land with a five-foot contour
interval; or, in flat areas, of a two-foot contour interval. Water
bodies and their elevations shall be shown with the date of measurement.
(10)
The proposed names of the proposed streets and
a number on each lot on each proposed street.
(11)
The profiles of existing grades and approximate
proposed finished grades of the roadway and drain and other utilities.
(12)
Area of adjoining land and water of the applicant
not presently being subdivided.
(13)
The zoning classification of land shown on the
plan, including identification of the Floodplain District and Aquifer
Protection District Zones as overlays on the plan.
[Amended 3-31-1987]
(14)
Necessary engineering calculations to provide
information to the Community Planning Commission that fire protection,
vehicular traffic flow, and all other safety precautions are being
provided.
(15)
Show by shading or other methods the areas on
all lots that are to be excavated or filled.
C.
Approval. During the discussion of the preliminary
plan, the complete information required for the definitive plan, and
the financial arrangements will be developed.
(1)
The Community Planning Commission may give such preliminary plan approval, with or without modification or suggestions, after the Commission's review of data and comments from the Board of Health, Public Works Department, Police Department, Fire Department, and the Community Planning Commission agent. Such approval does not constitute approval of the subdivision but facilitates the preparation of the definitive plan and the securing of final approval thereof. One copy of the preliminary plan will be returned to the applicant. In the event of disapproval, the Community Planning Commission shall state the reasons for its disapproval in accord with Section 81-S of Chapter 41. It shall be the applicant's responsibility to submit or obtain enough data or material to obtain meaningful comments from all parties reviewing said plan.
A.
General.
[Amended 2-28-1980]
(1)
Any person who submits a definitive plan of a subdivision (submitted plan) to the Community Planning Commission for approval shall file with the Commission the following: All items required in Subsection A(1)(a) and (b) and Subsection B of this section and the minimum filing fee (see § 350-7) shall be submitted for a definitive plan to be "duly submitted" in accord with the General Laws of Massachusetts. Until all required information and materials are submitted, no legal submission will have taken place, and the applicant and the Town Clerk will be so notified in writing within 14 days of the date of filing.
(a)
Two original Mylar or linen drawings of the
definitive plan and eight contact prints thereof, dark line on white
background. One original drawing will be returned after approval or
disapproval.
(b)
A properly executed application Form C, Application
for Approval of a Definitive Plan, including the time within which
the applicant agrees to complete the ways and install the public utilities
in the subdivision; Form D, Designer's Certificate; and Form E, Certified
List of Abutters. Approval of all plans shall be upon the condition
that all ways shown thereon and public utilities required by the Commission
shall be completed and installed within the time so specified. The
Commission may decline to approve any plan unless the applicant agrees
to complete the ways shown thereon and install the public utilities
aforesaid within two years of the date of approval. If the ways in
any subdivision are not completed and the utilities aforesaid are
not installed within the time so agreed to by the applicant or so
required by the Commission, no such way shall thereafter be laid out,
constructed, completed or opened for public use unless and until a
new application is filed with and approved by the Commission. Ways
or portions thereof not completed within two years from the date of
approval by the Commission shall thereafter be completed in accordance
with the then-in-force construction standards of the Community Planning
Commission contained herein.
(2)
The applicant shall file by delivery or registered
or certified mail a notice with the Town Clerk stating the date of
submission for such approval and accompanied by a copy of the completed
Form C, Application for Approval of Definitive Plan.
B.
Contents.
(1)
The definitive plan shall be prepared by a professional
engineer and land surveyor registered in Massachusetts and shall be
clearly and legibly drawn in black India ink upon tracing cloth. The
plan shall be at a scale of one inch equals 40 feet or such other
scale as the Community Planning Commission may accept to show details
clearly and adequately, and shall include plans and profiles of each
individual street at a scale of one inch equals 40 feet horizontal
and one inch equals four feet vertical. All elevations shall refer
to the United States Coast and Geodetic Datum. Sheet sizes shall be
24 by 36 inches including a one-inch border. All plans shall be accompanied
by an index sheet at a scale of one inch equals 100 feet or one inch
equals 200 feet showing the entire subdivision and adjacent streets
and dimensions of the lots and streets and lot numbers. This plan
shall indicate the Assessor's Map and parcel number on the land in
question.
(2)
The definitive plan shall contain the following information [Subsections B(2)(l) through (s) may be submitted on the same sheet as the definitive plan or on separate sheets]:
(a)
A title, appearing in the lower right-hand corner
of the plan, showing the name of the subdivision, if any, the date,
scale, the names and addresses of the applicant, and the names of
the designer, engineer and surveyor who made the plan, their seals
and signatures.
(b)
North arrow, benchmark, and boundaries of the
subdivision.
(c)
Location and ownership of abutting property
as it appears on Form E, Certified List of Abutters, unless the applicant
shall have more recent knowledge of such abutters, including all abutting
land owned by the applicant not presently being subdivided. A copy
of the deed of the land in question shall also be submitted.
(d)
Major features of the land, such as existing
waterways, swamp and water bodies, natural drainage courses, walls,
fences, buildings, wooded areas, outcroppings and ditches which exist
on or near the site at the time of survey.
[Amended 3-31-1987]
(e)
Lines of existing and proposed streets, ways,
lots, lot numbers or other designation of each lot, easements, and
public or common areas within the subdivision. (The proposed names
of proposed streets shall be shown in pencil until they have been
approved by the Community Planning Commission.) If the subdivision
consists of more than one section, all lot numbers shall be consecutive.
(f)
Sufficient data to determine the location, direction
and length of every street and way line, lot line and boundary line,
and to establish these lines on the ground. This shall include the
lengths and bearings of plan and boundary lines, of all subdivision
lot lines including lot frontage on the streets, of the boundary lines
of all streets and easements, and the length, radii, tangents and
central angles of all curves in lot lines and street lines. All angle
points or intersections of tangents along the street lines shall be
shown. Adjoining lands of the applicant not included in the subdivision
will be shown.
(g)
Location of all permanent monuments properly
identified as to whether existing or proposed.
(h)
Location, names and present widths of streets,
or private ways bounding, approaching or within reasonable proximity
of the subdivision, showing both roadway widths and right-of-way widths.
(i)
Indication of all easements, covenants or restrictions
applying to the land and their purposes, whether or not within the
subdivision, including any decision on appeal or variances or exceptions
made by the Zoning Board of Appeals applicable to the subdivision
of the land or any buildings thereon.
(j)
If the property that comprises the subdivision
or any part or boundary thereof has been examined, approved, and confirmed
by the Massachusetts Land Court, such information shall be noted on
the plat with case numbers and other pertinent references to Land
Court procedure, and the same requirement shall apply to any adjoining
parcels of land of the applicant.
(k)
Suitable space to record the action of the Community
Planning Commission and the signatures of the five members of the
Community Planning Commission.
(l)
Existing profiles on the exterior lines drawn
in fine black line, dotted for left and dashed for right side, and
proposed profile on the finished center line drawn in fine black solid
line of proposed streets at a horizontal scale of one inch equals
40 feet and vertical scale of one inch equals four feet or such other
scales acceptable to the Community Planning Commission. At least two
benchmarks are to be shown on plans and profiles, and grade elevations
at every fifty-foot station except in vertical curves which shall
be at every twenty-five-foot station. All existing and proposed intersections,
and sidewalks, shall be shown with all proposed grade elevations calculated.
Elevations are to be referred to U.S. Coast and Geodetic Survey. Gradient
shall be shown by figures expressed in percent. The plans and profiles
of all proposed roadways, at their interface with existing ways, shall
be sufficiently detailed to ensure proper and consistent mate-up of
proposed with existing facilities such as gutterline grades, berms,
sidewalks, grass strips, and off-road grading.
[Amended 3-31-1987]
(m)
Existing and proposed topography at two-foot
contour intervals and, by symbols, the highest known high water mark.
There shall also be indicated by differentiating symbols the contour
line four feet above said high water mark.
[1]
In a subdivision or similar proposal larger
than 50 dwelling units or larger than five acres, whichever is less,
the applicant shall supply base flood elevation data.
[Amended 2-28-1980]
[2]
The topographic plans shall clearly indicate the town's Floodplain District as defined in § 200-44 of the Zoning Bylaw. The town's Aquifer Protection District shall also be identified, if applicable, as defined in § 200-38 of the Zoning Bylaw. Additionally, clearly distinguishable boundaries shall outline the following:
[Amended 7-8-1986; 3-31-1987]
[a]
All unnumbered A and A1-A30 flood
zones as shown on the latest flood insurance rate map for the Town
of North Reading prepared by the Federal Emergency Management Agency.
[b]
The wetland boundaries as shown
on the Town of North Reading Wetlands Map prepared by Habitat Institute
in 1976 and filed with the Town Clerk on September 5, 1985.
[c]
Calculated areas of the one-hundred-year
flood level for postdevelopment conditions if different from that
for existing conditions as identified in Subsection B(2)(m)[2][a]
above.
(n)
Size and location of existing and proposed water
supply mains and their appurtenances, hydrant, sewer pipes and their
appurtenances and/or sewage disposal systems, storm drains and their
appurtenances, and easements pertinent thereto, and dimensions of
gutters, including data on borings and percolation tests made, and
method of carrying water to the nearest watercourse or easements for
drainage as needed, whether or not within the subdivision. If surface
water drains will discharge onto adjacent existing streets or onto
adjacent properties not owned by the applicant, he shall clearly indicate
what course the discharge will take, and shall present evidence to
the Commission that the discharge is satisfactory and permitted by
public or private ownership of adjacent street or property and does
not cause any detrimental effects to public or private property. Where
surface or subsurface drainage is proposed to discharge into an existing
drainage system, the adequacy of existing drain system shall be evaluated
for adverse impact down to the ultimate point of discharge to a significant
natural watercourse such as Martin's Pond or the Ipswich River.
[Amended 7-8-1986]
(o)
Calculations prepared by a registered engineer
to substantiate proposed drain pipes sizes. The computations shall
be based on the current standard of design used by the Department
of Public Works and conform with the Master Plan on Drainage. All
surface runoff computations shall be formulated using the modified
soil cover complex method of the Soil Conservation Service. Design
storm frequencies of two, five, 10, 25, 50, and 100 years shall be
evaluated for both existing and postdevelopment conditions. A zero
increase in the peak rate of runoff for all storms analyzed shall
be maintained by utilizing measures such as retention, detention or,
preferably, by induced infiltration where soil conditions permit.
Additionally, every attempt should be made to sustain existing runoff
volumes by either minimizing the creation of impervious areas or by
increasing postdevelopment times of concentration. Runoff volumes
for each analysis conducted shall be clearly reported in the drainage
calculations for Community Planning Commission consideration.
[Amended 7-8-1986]
(p)
Proposed street trees shall be indicated on
the profile sheets and shall be planted in at least 1/2 cubic yard
of loam in the front grass strip at a spacing to be determined by
the Community Planning Commission depending upon the tree species.
A list of acceptable trees is available in the Community Planning
Commission office. The developer will be responsible for ensuring
survival of said trees for a period of 18 months after street acceptance.
[Amended 7-8-1986]
(q)
Cross-sections typical of each street, roadway
and sidewalk to be constructed.
(r)
Location of proposed streetlights and sidewalks.
(s)
Necessary engineering calculations to provide
information to the Community Planning Commission that fire protection,
vehicular traffic flow, and all other safety precautions are being
provided.
(t)
In tabular form as follows for each sheet of
the subdivision plan as submitted:
[1]
The total area which is being subdivided on
each sheet.
[2]
The total number and area of lots included on
each sheet.
[3]
The total of areas dedicated for street purposes,
drainage, sewer or utility easements on each sheet.
[4]
The total of areas reserved for parks, schools,
and other public use on each sheet.
|
SUBDIVISION NAME:
| |||
|
SECTION NO. ________ SHEET NO. _________
| |||
|
1.
|
Total area of original tract shown on this plan
equals ____.
| ||
|
a.
|
Area in lots (Nos. 1 through 6, etc.) equals
____.
| ||
|
b.
|
Area in streets (A-B-C, etc.) equals ____
| ||
|
c.
|
Area reserved for parks, schools, ___ etc.,
equals ___.
| ||
|
Total area of subdivision (should equal No.
1 above) ____.
| |||
|
d.
|
Street-Station ____ to Station ____ equals ____.
| ||
|
e.
|
Street-Station ____ to Station ____ equals ____.
| ||
|
f.
|
Street-Station ____ to Station ____ equals ____.
| ||
|
Total area of streets (should equal "b" above)
____.
| |||
|
g.
|
Sewer Easement:
| ||
|
Station ____ to Station ____ equals ____.
| |||
|
h.
|
Drainage Easement:
| ||
|
Station ____ to Station ____ equals ____.
| |||
|
i.
|
Utility Easement:
| ||
|
Station ____ to Station ____ equals ____.
| |||
|
j.
|
(other):
| ||
|
Station ____ to Station ____ equals ____.
| |||
(u)
As a part of the definitive plans, there will
be submitted an overall drainage plan with topographic details for
the subdivision and all areas within the total drainage area plus
the area of ultimate disposal drawn with India ink on tracing cloth
(or another method suitable for reproduction). A separate plan, or
as part of the above plan, shall be included for the water system
as it pertains to the Master Water Plan. The above requirements may
be on one plan or on two separate plans, with complete details of
the drainage and the water system. Approval by the Department of Public
Works must be obtained for their concurrence on the overall water
system plan.
C.
Review by Board of Health as to suitability of the
land. At the time of filing of the definitive plan with the Community
Planning Commission, the applicant shall also file with the Board
of Health one contact print of the definitive plan, dark line on white
background, together with such information in the nature of percolation
tests and deep test holes as the Board of Health may require, plus
the information required on Schedule B, Board of Health Review.[1] Proof of submittal of definitive plan to the Board of
Health shall accompany the definitive plan filing with the Community
Planning Commission. The Board of Health shall within 45 days after
the filing of the plan report to the Community Planning Commission,
in writing, approval or disapproval of said plan. If the Board of
Health disapproves said plan, it shall make specified findings as
to which, if any, of the lots shown on such plan cannot be used for
building sites without detriment to the public health, and include
such specific findings and the reasons therefor in such report, and,
where possible, shall make recommendations for the adjustment thereof.
Every lot shall be provided with a sewerage system or sewer connection
satisfactory to the Board of Health.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
D.
Review by other town officials. The Community Planning
Commission may transmit copies of the definitive plan to town officials
other than the Board of Health as follows: one copy each to the Town
Counsel for review of easements and agreements; the Department of
Public Works; the Building Inspector; the Fire Department; the Police
Department and the Community Planning Commission agent.
(1)
Before the definitive plan is approved, the Community
Planning Commission may request written statements from the above
officials with regard to the proposed improvements in the following
respect:
(a)
Town Counsel as to the form of easements, covenants
and performance guarantees.
(b)
Department of Public Works and/or the Community
Planning Commission agent as to the design of the street system, location
of easements, monuments, drainage system, water system, and, if applicable,
the sewage system.
(c)
The Fire Department as to location of hydrants,
and with regard to safety requirements.
(d)
The Police Department as to street safety.
E.
Soil survey and percolation tests. Where appropriate,
the Community Planning Commission may require, at the expense of the
applicant, soil surveys and/or test borings to establish the suitability
of the land for the proposed storm drainage system and proposed street
construction. Such soil surveys and tests must be filed with all plans
for nonresidential subdivisions or multifamily residences.
F.
Public hearing. Before taking action to approve, approve
with modifications, or disapprove a definitive plan, the Community
Planning Commission shall hold a hearing at which parties in interest
shall have an opportunity to be heard, in person or by agent or attorney.
Notice of the time and place of such hearing and of the subject matter,
sufficient for identification, shall be published in a newspaper of
general circulation in the town once in each of two successive weeks,
the first publication to be not less than 14 days before the date
of the hearing and by mailing a copy of such advertisement to the
applicant and to all owners of land abutting the land shown on the
plan and shown on the most recent tax list.
(1)
The procedure that the Community Planning Commission will follow with regard to approval, disapproval or modification of the final plan submitted by the applicant will be that as set forth in Chapter 41, Section 81-U, of the General Laws, as amended. In summary, the Commission, after receiving the final plan and profiles, will review the same to determine whether they are in compliance with its adopted rules and regulations and the Zoning Bylaw.[2]
(2)
Before final approval of the plan, the applicant shall
comply with all applicable regulations and rules of the Department
of Public Works and the Board of Health not otherwise covered by these
rules and regulations. Specific reference is made to the specifications
for sewerage systems, which shall conform with the rules and regulations
of the Board of Health.
(3)
Before final approval of the plan, the applicant shall establish that the lots in the definitive plan are in conformity with the North Reading Zoning Bylaws, and failure of the lots to comply will be adequate grounds for disapproval of the definitive plan (Chapter 41, Section 81-Q, of the General Laws, and amendments thereto). The Commission may, as a condition of granting a permit under Section 81-Y, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the town. In such event, the Commission shall endorse such conditions on the plan to which they relate; or set forth a separate instrument, attached thereto, to which reference is made on such plan and which shall, for the purpose of the Subdivision Control Law, be deemed to be a part of the plan.
(4)
Before final approval of the plan, all necessary permits under Chapter 131 of the General Laws as written or revised, and from the Massachusetts Department of Public Works, and any other state agency shall be obtained and copies forwarded to the Community Planning Commission.
(5)
Notations shall be made on the plans of any revisions
and the date revisions were made. A letter shall also accompany the
plans fully describing all revisions in detail.
(6)
Following endorsement by the Community Planning Commission,
the applicant shall supply a duplicate Mylar of the sheets to be recorded
and the original Mylar of all other sheets and nine prints of the
signed plan. All legal documents shall be marked for return to the
Community Planning Commission by the Registry of Deeds. Additionally,
the applicant shall provide a copy of the approved definitive plan
on computerized floppy disk using either AutoCad-12 or a compatible
drafting program. In the event an applicant cannot provide said disk,
funds sufficient to cover the costs of digitization of said definitive
plan shall be provided in lieu thereof.
[Added 3-31-1987; amended 5-24-1994]
G.
Certificate of approval. The action of the Community
Planning Commission in respect to such plan shall be by vote, copies
of which shall be certified and filed with the Town Clerk and sent
by special delivery, registered or certified mail, return receipt
requested, to the applicant.
(1)
If the Community Planning Commission modifies or disapproves
such plan it shall state in its vote the reasons for its action and
shall rescind such disapproval when the plan has been amended to conform
to the rules and regulations and recommendations of the Community
Planning Commission.
(2)
Final approval, if granted, shall be subject to the
construction specifications contained herein and shall be endorsed
on the original drawings of the definitive plan by the signatures
of a majority of the Community Planning Commission after the Town
Clerk has notified the Community Planning Commission that no notice
of appeal has been filed with that office.
(3)
After the definitive plan has been approved and endorsed,
the Commission shall return one original to the applicant. The applicant
in turn shall provide the Commission with nine full sets of the signed
plans (dark line on white background contact prints).
(4)
The Community Planning Commission may extend the time
period permitted by statute between submission of a definitive plan
and action thereon upon written request of the applicant (Form S,
Extension of Time).
(5)
Approval of the definitive plan does not constitute
the laying out or acceptance by the town of streets within a subdivision
and does not signify that the subdivision may be constructed before
all safety and health standards have been met.
(6)
The original copy of the recorded covenant shall be
returned, following recording, by the Registry of Deeds to the Community
Planning Commission. Upon receipt thereof, the Commission will mail
a copy of said covenant to the applicant.
H.
Performance guarantee. Before endorsement of the Commission's approval of a definitive plan of subdivision, the applicant shall agree to complete the required improvements specified in Article V for any lots in a subdivision, such construction and installation to be secured by one, or in a part by one and part by the other, of the following methods which may, from time to time, be varied by the applicant with the written consent of the Community Planning Commission:
(1)
Approval with satisfactory security.
(a)
The applicant shall either file a tripartite agreement, a deposit of money, negotiable securities or a bank passbook, in an amount determined by the Community Planning Commission to be sufficient to cover the cost of all or any part of the improvements specified in Article V not covered by a covenant under Subsection H(2) hereof. Such bond, security or passbook, if filed or deposited, shall be accompanied by an appropriate and properly executed agreement prepared in the manner of Form F, G, and H or such other form as the Commission may require, and approved as to form and manner of execution by the Town Counsel and shall be contingent on the completion of such improvements within two years of the date of the approval of the definitive plan.
(b)
The tripartite agreement may be forfeited or
the term may be extended at the discretion of the Community Planning
Commission. If extended, the Community Planning Commission may, at
its discretion, request an increase or decrease of the amount deposited
to ensure sufficient bonding to cover the costs to complete the improvements,
including all costs associated with providing a clerk-of-the-works
to oversee said completion.
[Amended 3-31-1987; 6-18-2002]
(2)
Approval with covenant. The applicant shall file a Form I, Approval with Covenant Contract, or such other form of covenant as the Community Planning Commission requires, approved as to form and manner of execution by the Town Counsel, properly executed and duly recorded in the Registry of Deeds by the owner of record, running with the land, whereby such ways and services as specified in Article V, not covered by bond or deposit under Subsection H(1) hereof, shall be provided to any lot before such lot may be built upon or conveyed, other than by mortgage deed.
(3)
Additional conditions. Notwithstanding any of the
aforementioned provisions to guarantee performance, the Community
Planning Commission may require prior to endorsement of a definitive
plan and incorporate into its conditional approval of such plan additional
specific conditions, including, but not necessarily limited to, the
following:
[Added 3-31-1987]
(a)
Applicant shall submit proper and acceptable
deed for utility and drain easements. The grants of easements shall
contain a provision that the Town of North Reading shall not be responsible
for extensive landscaping such as replacement of trees and shrubs
in connection with maintenance of water mains, drainage facilities,
and/or utilities.
(b)
No lot shall be released from the statutory
covenant without first obtaining Board of Health approval for a sewage
system on the lot. Copies of all approved septic designs shall be
submitted by the applicant to the Planning Administrator for grading
approval. If, in order to obtain a permit for an approved disposal
system from the Board of Health, fill or grading is required to the
extent that, in the opinion of the Planning Administrator, the drainage
pattern would be adversely affected, then the Planning Administrator
may require an amended plan and revised drainage calculations. This
condition shall be included in the statutory covenant and a note shall
be placed on a recordable plan sheet.
[Amended 5-24-1994]
(c)
All drainage facilities and associated structures
(including iron pipe monumenting, loaming, and seeding) shall be completed
to the satisfaction of both the Conservation Commission and the Planning
Administrator prior to any lot releases. This condition shall be included
in the statutory covenant and a note shall be placed on a recordable
plan sheet.
[Amended 5-24-1994]
(d)
Any and all plans which may be approved by the
Conservation Commission pursuant to an Order of Conditions shall be
made a part of the definitive subdivision plan. The applicant may
substitute the Conservation Commission drainage/topo plans for the
definitive subdivision drainage/topo plans providing that the substituted
plans contain all information, drawings, and notes as are contained
on both the definitive subdivision submittal and the Conservation
Commission submittal. If there is any inconsistency between the submitted
subdivision plan and the plans as may be approved by the Conservation
Commission, the applicant shall submit an amended plan to the Community
Planning Commission for approval. Said amended plan shall be accompanied
by a cover letter setting forth any and all changes from the submitted
subdivision plan and shall include four sets of revised drainage calculations,
if applicable. A plan sheet to be recorded shall contain a note that
the applicant/developer shall comply with this item prior to commencement
of work within the jurisdiction of the Conservation Commission.
(e)
In the event that any portion of the covenant described in Subsection H(3)(c) above is waived by the Community Planning Commission, a certificate of compliance pursuant to M.G.L., Chapter 131, Section 40, from the Conservation Commission shall be required of the applicant prior to release of drainage bond money. Said certificate requires compliance with all items contained in any Order of Conditions that pertain to work involved in construction of roads and entire drainage system and any lot grading necessary to conform to the approved plans.
(f)
The as-built and acceptance plans shall be accompanied
by a certificate of compliance from a registered professional engineer
certifying that the grades on all the lots have been established in
general compliance with the drainage/topo plan as they may have been
revised by the approved septic system design plan, and that said grades
have been established so as not to create adverse drainage patterns
onto adjoining lots or streets and a note placed on the plan.
(g)
Deeds of conveyance shall contain and be subject
to a condition that the lot owner shall not cut any hardwood trees
within 15 feet of the street layout line without the owner/developer's
approval or until such street is accepted by the Town of North Reading
as a public way. This condition shall be contained in the supplementary
restrictive covenant and a note shall be placed on a recordable plan
sheet.
(h)
Every lot in the subdivision shall be served
by its own driveway. No common driveways will be allowed. Access to
the lot must be provided from the frontage on the proposed way shown
on the endorsed plan unless subsequently waived by the Community Planning
Commission. This condition shall be contained in the supplementary
restrictive covenant and a note shall be placed on a recordable plan
sheet.
(i)
Deeds of conveyance for all lots subject to
drain easements shall contain and be subject to a condition prohibiting
any structure, including a driveway, from being built on the easements
unless a waiver is granted by the Community Planning Commission. This
condition shall be included in the supplementary restrictive covenant
and included as a note on the plan.
(j)
The applicant shall submit a lighting proposal
and electrical distribution plan for the Community Planning Commission's
approval. Said plan shall be accompanied by a letter from the Reading
Municipal Light Department indicating the proposed lighting scheme
and level of illumination.
[1]
Additionally, the electrical distribution and
lighting scheme should be shown on the plan consistent with the lighting
proposal. The electrical distribution plan, streetlight locations,
and appropriate easements shall be applied to the plan and shall indicate
at what point the wiring will be brought underground.
[2]
All electrical, telephone and cable lines shall
be brought into the subdivision underground from the nearest supply
feed, as identified by the Reading Municipal Light Department.
[3]
Streetlight stanchions shall be placed within
the subdivision so as to accommodate street signs to be affixed thereon.
The Community Planning Commission may require additional street signs
and sign poles if it deems necessary.
(k)
Any deed conveying out a lot shall contain a
description reserving the fee in the roadways to the owner/developer.
This condition shall be contained in the supplementary restrictive
covenant and included as a note on a recordable plan.
(l)
Any deed conveying out a lot shall contain and
be subject to a condition that there shall be no driveways where stone
bounds are proposed. This condition shall be contained in the supplementary
restrictive covenant and a note shall be placed on a recordable plan
sheet.
(m)
Approval by the Community Planning Commission
of a plan shall not be treated as, nor deemed to be, approval by the
Board of Health for a permit for the construction and use on any lot
of an individual sewage system. No building or structure shall be
built or placed on any lot without the consent of the Board of Health.
(n)
Deeds of conveyance for all lots shall reserve
for the developer/owner or his successors in title, and/or the Town
of North Reading, a construction easement superimposed on all lots
intended to accommodate completion of all grading and of the entire
drainage system including but not limited to drainage structures,
lot grading, roadway sideslope stabilization, iron pipe monumenting,
loaming and seeding. Upon acceptance of the roadways and utilities
by the Town of North Reading, the easements will be terminated. This
condition shall be contained in the supplementary restrictive covenant
and a note shall be placed on a plan sheet.
(o)
Deeds of conveyance for any lots containing
any detention areas shall contain and be subject to a restriction
prohibiting altering or filling within the drainage easement areas
beyond the approved contours of the detention areas. This condition
shall be contained within the supplementary restrictive covenant and
included as a note on the plan sheet.
(q)
No lot will be released from the statutory covenant
unless the Planning Administrator is satisfied that the entire septic
system accessory to the principal dwelling is located entirely on
the principal use lot, including any slope grading as may be required
by Title 5 of the State Environmental Code (310 CMR 15.00). A plan
sheet to be recorded shall contain a note that the entire septic system,
including any required grading, shall be located entirely on the same
lot as the principal dwelling.
[Amended 5-24-1994]
(4)
Lot releases.
[Added 5-24-1994]
(a)
The Planning Administrator shall act as the
Community Planning Commission's agent in determining the eligibility
of and execution of any lot release request. The Planning Administrator
shall apply only those conditions imposed by the Community Planning
Commission in a conditional approval, covenant or supplementary restrictive
covenant.
(b)
No lot shall be released from the statutory
covenant or supplementary restrictive covenant unless the Planning
Administrator is satisfied that all conditions of said release have
been met.
(c)
Any decision by the Planning Administrator denying
a request for lot release may be appealed to the Community Planning
Commission. Any such appeal must be submitted on forms provided by
the Planning Office and must be accompanied by an application fee
of $100 to be considered complete. Appeals hearings will be scheduled
within 30 days of receipt of a complete application.
I.
Reduction of bond surety. The penal sum of any such bond, or the amount of any deposit held under Subsection H(1) above may, from time to time, be reduced by the Community Planning Commission and the obligations of the parties thereto released by said Commission in whole or in part. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required by the Commission.
J.
Release of performance guarantee. Upon completion of improvements required and the submission of approved reproducible as-built drawings under Article V, security for the performance of any covenant with respect to any lot, the applicant may send by registered or certified mail to the Town Clerk and the Community Planning Commission a written statement that the said construction or installation in connection with which such bond, deposit or covenant was posted has been completed in accordance with the requirements contained under Article V, such statement to contain the address of the applicant. If the Community Planning Commission determines that said construction or installation has been completed, it shall notify the Town Treasurer and the Town Accountant on a properly executed release form that it releases the interest of the town in such bond or deposit and that it shall be returned to the person or persons who furnished same; or, in the case of covenant, it shall issue a written release of the covenant on a properly executed release form.
(1)
However, 10% of the value of the bond shall be held
by the town to ensure maintenance of streets and municipal services
for 18 months after completion of construction and installation or
until the streets are accepted by the town, whichever comes first;
after which date the town shall return the remainder of the bond,
if any, to the applicant.
(2)
Approximately 60 days before the expiration of the
18 months, the Community Planning Commission shall request an inspection
of said street or way or portion thereof to determine whether or not
defects have developed therein, and determine whether or not it should
recommend same to the Board of Selectmen for the laying out of said
street or way or portion thereof as a public way. If the recommendation
is in the affirmative, the Commission shall so advise the Board of
Selectmen forthwith, including in such recommendation, notification
that the 18 months for which the developer is responsible for maintenance
of said way or portion thereof will expire on a certain date and said
way may be laid out as a public way.
(3)
Upon the expiration of the period for which the applicant
is responsible for maintenance of said way, and if said developer
has complied with all the requirements of the Subdivision Control
Law and the Community Planning Commission rules and regulations as
set forth in an inspection report of said way and the Commission has
recommended to the Board of Selectmen that said way should be laid
out as a public way, any moneys held by said Commission for the maintenance
of said way shall be returned forthwith to the applicant.
(4)
Prior to releasing the town's interest in a performance bond or deposit or releasing the covenant, the Community Planning Commission shall receive from the applicant an acceptance plan (see Subsection K).
(5)
If the Community Planning Commission determines that said construction or installation has not been completed, it shall specify to the applicant, in writing by registered or certified mail, return receipt requested, the details wherein said construction and installation shall have failed to comply with requirements contained under Article V. Upon failure of the Community Planning Commission to act on such application within 45 days after the receipt of the application by the Town Clerk and the Community Planning Commission, all obligations under the bond shall cease and terminate by operation of law; any deposit shall be returned and any such covenant shall become void.
(6)
In the event that said forty-five-day period expires
without such specification or without the release and return of the
deposit or release of the covenant as aforesaid, the Town Clerk shall
issue a certificate to such effect, duly acknowledged, which may be
recorded.
(7)
Prior to release of security for performance which was given by bond, tripartite agreement, deposit or covenant, the applicant shall submit, at the following construction stages, a statement stamped and certified by either a registered professional engineer or a registered land surveyor (as delineated under § 350-3, Definitions) that the required improvements are built in conformity with the rules and regulations and the approved subdivision plan.
[Added 7-16-1984]
(8)
If the as-built certification of Subsection J(8)(a) or (b) below is performed by a registered land surveyor and if any of the requirement improvements are not in conformity with the approved subdivision plan or the rules and regulations, then said RLS certification and other appurtenant information shall be accompanied by a statement stamped and certified by a registered professional engineer describing the nonconforming construction and a statement, if appropriate or applicable, that in his opinion the described nonconforming construction and/or installation is equal to or better than what is required by the rules and regulations and the approved subdivision plan.
[Added 7-16-1984]
(a)
Underground utilities and drainage.
[1]
Prior to any backfilling, the applicant's registered professional engineer or registered land surveyor shall observe and certify that the as-built location and elevation of all underground utilities including, but not limited to, drainage, water and electrical, conform to the rules and regulations and the approved subdivision plan. In addition, the registered professional engineer or registered land surveyor shall observe and certify that the location, elevation and grading of the entire drainage system, including drainage easements, swales, retention/detention areas and all visual drainage appurtenances are in conformity with the rules and regulations and approved subdivision plan (see § § 350-23H for as-built plan contents). In any instance where the as-built construction is not in conformity, the registered professional engineer or registered land surveyor shall list the exceptions and attach a "red-lined, marked-up print" which shall consist of a print of the approved subdivision plan identifying those areas marked in red pencil, wherein the construction and/or installation is inconsistent with either the rules and regulations or the approved plan.
[2]
This "red-lined, marked-up print" shall also
include location ties for all individual lot water service curb boxes
within the subdivision.
[Added 3-31-1987]
(b)
Binder application. Following the binder application
and prior to any further roadway construction, the applicant shall
submit an as-built certification signed and stamped by either a registered
land surveyor or a registered professional engineer. Said certification
shall certify the roadway location, width, elevation and that the
center line of all roadways coincide with the center line of the street
right-of-way and that the preceding items conform to the rules and
regulations and the approved subdivision plan.
K.
Acceptance by the town. The applicant shall file with the Community Planning Commission a final plan (acceptance plan) drawn with India ink on Mylar and suitable for reproduction, of completed street or streets and any easements together with proper legal descriptions for initiating an article in the Town Meeting warrant pursuant to the acceptance of the ways by the Town Meeting (see § 350-23G), and upon acceptance by the Town shall grant a deed or easement to the Town of the streets as contained in the definitive plan; said deed or easement to be recorded by the Town Clerk upon acceptance of the streets by the Town Meeting. Additionally, the applicant shall provide a copy of the as-built plan on computer disk pursuant to Subsection F(6).
[Amended 5-24-1994]
