Town of Fairhaven, MA Part 5 Procedures for Submission of Preliminary Plans

§ 322-13 Submission; contents; approval.

A. General.

(1) In the case of a subdivision showing lots in a residential zone, a preliminary plan is not required but is highly encouraged. In the case of a nonresidential subdivision a preliminary plan is required. A preliminary plan of a residential subdivision may be submitted by the applicant to the Board of Health and to the Planning Board for discussion and approval by the Planning Board. Preliminary plans are required for nonresidential subdivisions and must be submitted by the applicant to the Board of Health and to the Planning Board for discussion and approval by the Planning Board. The submission of such a preliminary plan will enable the subdivider, the Planning Board and other municipal agencies to discuss and clarify the problems of such subdivision before a definitive plan is prepared. The degree of review and effectiveness of a Planning Board's comments shall be in direct proportion to the accuracy and amount of information provided by the applicant on the preliminary plan.

(2) Staking of a subdivision. In order to facilitate on-site review by the various reviewing agencies, the applicant shall, at the time of filing of the preliminary plan, stake and brush cut to a minimum of five feet of the center line of all proposed ways in the subdivision and shall stake all points where lot lines intersect rights-of-way.

B. Submission. Preliminary plans shall include the following information and shall be filed with the Planning Board's agent.

(1) The applicant shall submit 10 prints of the plans, accompanied by two copies of a completed application Form B[1] and the appropriate fee.

[1] Editor's Note: Copies of Form B are available at the Planning Board's office and Town Clerk's office.

(2) The applicant must also file a print of the plan with the Board of Health, and must file with the Town Clerk a notice of the date of submission and a copy of the completed application Form B.

C. Contents. The preliminary plan shall be drawn at a scale of one inch equals 100 feet or greater on twenty-four-inch-by-thirty-six-inch sheets. Said plan shall show sufficient information about the subdivision to form a clear basis for discussion and for the preparation of the definitive plan. In addition, the plan shall show at least the following information:

(1) The subdivision name, boundaries, North point, date, scale, legend and title, "Preliminary Plan."

(2) A locus plan of the subdivision showing its relation to the surrounding area, at a scale of one inch equals 600 feet.

(3) The names of the record owner and the applicant and the name of the designer, engineer, or surveyor shall appear on the lower right-hand corner.

(4) The names of all abutters, as determined from the most recent local tax list.

(5) The names, approximate location and widths of adjacent streets.

(6) Zoning classification and location of any zoning district boundaries that may lie within the locus of the plan.

(7) The approximate boundary lines of proposed lots, with approximate areas and dimensions.

(8) The existing and proposed lines of streets, ways, easements, and any public areas within the subdivision in a general manner.

(9) The proposed system of water supply, sewage disposal and drainage control, including adjacent existing natural waterways, in a general manner.

(10) Major features of the land such as, but not limited to, existing walls, fences, monuments, structures, underground structures, utilities, wells, septic systems, large trees, wooded areas, rock outcroppings, wetlands, water bodies, natural waterways and drainage ditches.

(11) The existing and proposed topography of the land in five-foot contours.

(12) Elevation and limits of the base flood elevation.

(13) In the case of a subdivision covering less than all of the land owned by the subdivider in the area of the subdivision, a plan showing in a general manner the proposed overall development of all of said land.

(14) Vacant adjacent land buildout plan.

D. Approval.

(1) Within 45 days after submission of the preliminary plan, the Planning Board shall approve, or approve with modifications, or disapprove said preliminary plan, and in the case of disapproval, the Board shall state, in detail, the reasons for its disapproval.

(2) The Planning Board shall file its decision with the Town Clerk, and shall send a copy of said decision to the applicant.

(3) Approval of the preliminary plan by the Planning Board does not constitute approval of a subdivision, but does facilitate the procedure in securing approval of the definitive plan. In addition, such approval does not in any way authorize the owner to proceed with construction of roadways and/or other work in the subdivision.

(4) The Planning Board will not approve plans until issues relating to road layout, road alignment, intersections with existing streets, vehicular and nonvehicular connections to adjoining properties, and general project issues have been satisfactorily addressed. Other strictly engineering issues, such as detailed drainage, water and sewer engineering, may be addressed at the definitive stage. If the applicant does not provide engineering analysis at the preliminary stage, however, the Planning Board will not be able to provide feedback, and any approval is based on the applicant being able to satisfactorily address these issues at the definitive plan stage.