[HISTORY: Adopted by the Planning Board of
the Town of Middleton 3-25-1987. Amendments noted where applicable.]
A.
Authority. Under the authority vested in the Planning
Board of the Town of Middleton by MGL c. 41, § 81Q, said
Board hereby adopts these amended "Rules and Regulations Governing
the Subdivision of Land in the Town of Middleton, Massachusetts."
B.
Purpose. These rules and regulations have been enacted
for the purpose of protecting the safety, convenience and welfare
of the inhabitants of the Town of Middleton, by regulating the laying
out and construction of ways in subdivisions providing access to the
several lots therein, but which have not become public ways, and ensuring
sanitary conditions in subdivisions and in proper cases parks and
open areas. The powers of the Planning Board and of the Board of Appeals
under the Subdivision Control Law[1] shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, panic and other emergencies; for ensuring compliance with the applicable provisions of the Zoning Bylaws; for securing adequate provisions of water, sewerage, drainage, underground utility services, fire, police, and other similar municipal equipment and streetlighting and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in Middleton and with the ways in neighboring subdivisions. It is the intent of the Subdivision Control Law that any subdivision plan filed with the Planning Board shall receive the approval of the Planning Board if said plan conforms to the recommendation of the Board of Health and to the rules and regulations of the Planning Board pertaining to the subdivision of land; provided, however, that the Planning Board may, when appropriate, waive, as provided for in § 250-15B, such portions of the rules and regulations as is deemed advisable.
[1]
Editor's Note: See MGL c. 41, §§ 81K
to 81GG.
C.
Planning Board procedures.
(1)
Regular meetings of the Planning Board are held on
the dates and times as posted with the Town Clerk. Except for sessions
as provided for in MGL c. 39, § 23A, as amended, meetings
of the Planning Board shall be open to the public to attend.
(2)
Anyone wishing to meet with the Board shall do so by appointment. To secure an appointment, all applicants shall notify the Clerk of the Board in writing by at least the Thursday before a regularly scheduled meeting. In such notice, the applicant shall state his name, address and a brief outline of the nature of the business to be discussed with the Board. The same procedure is recommended for applicants desiring to submit plans in accordance with the provisions of §§ 250-3B and 250-4A of these rules and regulations. Any person attending an advertised public hearing may address the Board at the pleasure of the Chairman without prior notice, and in doing so shall state his name, address and person representing, if any.
(3)
All other actions of the Board shall require a majority
vote of all the members. In the event of there being less than a quorum
present at any scheduled meeting, the Chairman shall reschedule a
meeting as soon as practical thereafter.
(4)
All meetings of the Board shall be conducted formally
under the direction of the Chairman. In the absence of the Chairman,
a vote of the Board shall appoint an acting Chairman. A majority of
the members of the Board shall constitute a quorum, but less than
a majority may vote to adjourn, subject to the meeting being rescheduled
as provided above.
As used in these rules and regulations, the
following terms shall have the meanings indicated:
The owner or his agent or representative or his assignee
submitting a plan for approval under these rules and regulations.
The Planning Board of the Town of Middleton.
The horizontal distance between the side boundaries of a
lot, measured along the exterior line of the way or street serving
as legal access to the lot.
An area of land in single ownership, with definite boundaries
used, or available for use, as the site of one or more buildings.
An individual, or two or more individuals, or a group or
association of individuals, a partnership, a corporation or any other
legal entity having common or undivided interests in a tract of land.
A street which, in the opinion of the Board, is being used
or will be used as a thoroughfare within the Town of Middleton, which
will connect communities or which will otherwise carry a heavy volume
of traffic.
A street which, in the opinion of the Board, is being used
or will be used primarily to provide access to abutting lots and which
will not be used for through traffic.
A street intersecting one or more minor streets and which,
in the opinion of the Board, is used or will be used to carry substantial
traffic from such minor street(s) to a major street or community facility,
and normally including a shopping center, industrial park, a large
subdivision, a group of subdivisions, and any principal circulation
street within such developments, or a street which will connect subdivisions.
The division of a tract of land as defined in MGL c. 41,
§ 81L.
The Superintendent of the Division of Public Works for the
Town of Middleton, his representative or a person appointed by the
Board of Selectmen to that position serving for the Planning Board.
The Zoning Bylaws and Zoning Map of the Town of Middleton,
as amended.[1]
A.
Approval of definitive plan a condition of undertaking
subdivision.
(1)
No person shall make a subdivision of any land in
the Town of Middleton unless he has first submitted to the Board for
its approval a plan of such proposed subdivision, showing the lots
into which such land is to be divided and ways already existing or
which are to be provided by him for furnishing access to such lots,
and the Board has approved such plan in the manner hereinafter provided.
After the approval of a plan the location and width of ways shown
thereon shall not be changed unless the plan is amended, but the number,
shape and size of the lots shown on a plan so approved may, from time
to time, be changed without action by the Board, provided that every
lot so changed still has frontage on a public way or way shown on
a plan approved in accordance with the Subdivision Control Law of
at least such distance and other requirements of the Zoning Bylaws
required for the erection of a building on such lot.
(2)
No person shall proceed with improvements, or the
sale of lots in a subdivision, or the construction of ways, or the
installation of municipal services therein, unless and until a definitive
plan of such subdivision has been approved by the Board as hereinafter
provided.
B.
Plan believed not to require approval.
(1)
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 believes
that his plan does not require approval under the Subdivision Control
Law may submit his plan, original, drawn on polyester film sepia,
five copies, and an application fee of $50 plus $100 per new lot created
with his application Form A,[1] in duplicate, to the Board, accompanied with the necessary
evidence to show that the plan does not require approval. Said person
shall file, by delivery or registered mail, a notice with the Town
Clerk stating the date of submission to the Board and a copy of said
application.
[Amended 9-10-2014]
[1]
Editor's Note: Form A is included as an attachment to
this chapter.
(2)
If the Board determines that said plan does not require
such approval, it shall, without a public hearing, endorse forthwith
on the plans the words "Planning Board Approval under Subdivision
Control Law Not Required." Such action shall not be construed to indicate
compliance with the provisions of the Zoning Bylaws. Said plan shall
be returned to the applicant, and the Board shall notify the Town
Clerk of its action.
(3)
If the Board determines that the plan does require approval under the Subdivision Control Law, it shall give written notice of its determination stating its reason(s) to the Town Clerk and the applicant within 14 days and return the applicant's plan. If the Board fails to act upon a plan filed under this Subsection B within 21 days after its submission, it shall be deemed to have been determined that approval under the Subdivision Control Law is not required.
[Amended 9-10-2014]
[Amended 9-10-2014]
All applicants are urged to have their plans reviewed by the
Board's designee prior to submitting them to the Board.
A.
Submission requirements.
(1)
Preliminary plan. A preliminary plan is strongly recommended, but
not required, in order for all municipal departments and abutters
to discuss and clarify any questions or problems created by such subdivision
before a definitive plan is prepared.
(a)
A preliminary plan may be submitted to the Board by delivery
or registered mail to the Board care of the Town Clerk a completed
Form B (see Appendix)[1] and five copies of the plan. The date of delivery to the
Town Clerk will be the date of submission.
[1]
Editor's Note: Form B is included as an attachment to
this chapter.
(b)
A preliminary plan which is submitted to the Board must be accompanied
by a fee of $100.
(c)
The applicant shall, in any event, file a copy of Form B with
the Town Clerk.
(2)
Definitive plan. A definitive plan as required under § 250-3A of these rules and regulations shall be submitted to the Board for approval.
(a)
A definitive plan may be submitted to the Board by delivery
or registered mail to the Board care of the Town Clerk a completed
Form C (see Appendix)[2] and five copies of the plan. The date of delivery to the
Town Clerk will be the date of submission.
[2]
Editor's Note: Form C is included as an attachment to
this chapter.
(b)
The applicant shall, in any event, file a copy of Form C with
the Town Clerk.
(c)
A definitive plan which is submitted to the Board must be accompanied
by the following fees:
[1]
With a preliminary plan approved within the previous two years:
The fee shall be $2,000 plus $500 per lot shown on preliminary plan
and/or $1,000 per lot not shown on preliminary plan.
[2]
No preliminary plan approved: The fee shall be $2,000 plus $1,000
per lot.
[3]
Definitive subdivision modification requests under MGL c. 4181-W:
$200 plus $100 per lot changed.
B.
Review process.
(1)
Preliminary plan. The applicant may make a general presentation of
his preliminary plan on the submission date. This presentation should
be general in nature but also point out any unusual characteristics
of the proposed subdivision. Detailed discussion of this plan will
take place at a regularly scheduled meeting of the Board. At this
time, the municipal departments and the Board will have reviewed the
plan and visit and inspect the property of the proposed subdivision
as provided for in MGL. c. 41, § 81CC, as amended.
(2)
Definitive plan. The applicant may make a general presentation of
his definitive plan on the submission date. This presentation should
be general in nature and shall include a discussion of the environmental
impact and evaluation statement. The Board shall schedule a public
hearing on such definitive plan as soon as possible after the submission
date.
C.
Public hearings. Before action is taken on a definitive plan, a public
hearing shall be held by the Board. Notice of such hearing shall be
given by the Board in each of two successive weeks by advertisement
in a newspaper of general circulation in the Town of Middleton, the
first notice being not less than 14 days before such hearing or in
accordance with MGL c.41, § 81T, as amended. The Board shall
notify the abutters (as provided by the applicant in his submission)
to the proposed subdivision by certified mail.
D.
Action by the Board.
(1)
The Board may approve, disapprove or approve with modifications such
preliminary or definitive plan. The Board shall take such action on
a preliminary plan within 45 days after the submission date unless
such time for action has been extended by the applicant and the Board.
The Board shall take action on a definitive plan within go days after
the submission date unless such time for action has been extended
by the applicant and the Board. In cases where a preliminary plan
was not submitted the Board shall take action within 135 days unless
such time for action has been extended by the applicant and the Board.
In the case of disapproval, the Board shall notify the applicant of
the specific reason(s) for which the plan was disapproved.
(2)
The rules and regulations governing the subdivision of land in effect
at the time of submission of such preliminary plan shall govern a
definitive plan evolved from such preliminary plan, provided that
such definitive plan is submitted within seven months of the submission
of the preliminary plan.
(3)
The approval of a preliminary plan does not constitute approval of the layout submitted on the preliminary plan, but the preliminary plan shall serve as a guide to the applicant's preparation of a definitive plan which must be submitted as required under § 250-3A.
(4)
Notice of the Board's action must be given to the applicant
and Town Clerk within the time specified unless such time has been
extended by the applicant and the Board. The Town Clerk must be notified
of any such extension(s). Failure of the Board to act within the time
specified shall be considered as approval of such preliminary or definitive
plan as the case may be.
Subject plans submitted to the Board shall be
of minimum dimensions of 9 1/2 inches by 14 inches or a maximum
size not to exceed 24 inches by 36 inches, shall be drawn on polyester
film sepia and shall contain the following information:
A.
Identification of the plan by name of owner of record
and location of the land in question, cross-referenced to the Assessors'
Map number and parcel number.
B.
The statement "Approval Under Subdivision Control
Law Not Required" and shall provide sufficient space for the date
and signatures of a majority of the Board.
C.
Zoning classifications and location of any zoning
district boundaries that may lie within the locus of the plan.
D.
In the case of the creation of a new lot plan, the
remaining contiguous 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 building(s) thereon.
F.
Abutters from the latest Assessors' records unless
the applicant has knowledge of any changes subsequent to the latest
available Assessors' records.
G.
The distance to the nearest road or to other permanent
monument.
H.
Location of all existing buildings, including setback
and side and rear dimensions.
I.
A locus plan of sufficient scale to clearly indicate
the location of the property.
J.
The scale, date and the name, stamp and signature
of the registered land surveyor who prepared the plan.
K.
The lot being subdivided must show bearing and distance
of property lines. Curved lines shall have length of arc, radius and
central angle shown.
L.
Areas of all parcels being subdivided must be shown.
M.
The status of the roadway on which the lots have frontage
must be shown (i.e., public, county).
N.
Edges of existing traveled way and construction must
be shown to determine the adequacy of the way.
O.
North arrow shall be indicated on the plan with magnetic
or true designation.
P.
Indication of floodplain, if any, shall be shown on
the plan.
Q.
Statement that the plan conforms to the rules and
regulations of the Registry of Deeds must be noted on the plan.
R.
Space on the plan must be provided for Registry of
Deeds action.
[Added 6-10-2009, amended 9-10-2014[1]]
A.
Frontage requirement.
(1)
Prior to issuing a building permit for new construction, the Building
Inspector must obtain a determination from the Planning Board that
the lot upon which the building is being erected has frontage upon
a street.
(2)
The Zoning Bylaw defines a street as "a way which, in the reasonable
judgment of the Planning Board, has sufficient width, suitable grades,
and adequate construction to provide for the needs of vehicular traffic
existing and/or resulting from the development of abutting land and
for the installation of municipal services to such land(s) and/or
buildings located on or to be constructed on such land and which complies
with one of the following criteria: (1) a way which the Town Clerk
certifies is used as and maintained regularly and consistently as
a public way by the Town to the same extent to which other public
ways are maintained by the Town; or (2) a way shown on a plan previously
approved and endorsed by the Planning Board and recorded at the Registry
of Deeds; or (3) a way existing prior to the date on which subdivision
control was adopted by the Town."
(3)
For a lot which has frontage on one of the aforementioned ways, which
lot existed prior to the date on which subdivision control was adopted
by the Town (March 15, 1955), but does not meet the construction standards
described above (i.e., "sufficient width, suitable grades, and adequate
construction to provide for the needs of vehicular traffic existing...on
such land"), the Planning Board hereby adopts rules and regulations
by which an applicant may improve said way without submitting a definitive
plan under the Board's Rules and Regulations Governing the Subdivision
of Land in Middleton, MA.
B.
Applicability. Prior to implementing these rules, the Board must
find that the lot in question falls under the criteria described in
the above subsection. To make this determination, the Board requires
applicants to submit, as part of their application, the following
information:
(1)
Existence of lot prior to subdivision control. To demonstrate that
the lot in question existed prior to the date on which subdivision
control was adopted by the Town, the applicant shall provide a copy
of the recorded deed and plan (if any) as recorded in the Essex County
Registry of Deeds, which shows that the lot existed in its current
form prior to March 15, 1955.
(2)
Existence of way.
(a)
Town Clerk certification. If the applicant is attempting to
demonstrate that the lot in question has "frontage on a way which
the Town Clerk certifies is used as and maintained regularly and consistently
as a public way by the Town to the same extent to which other public
ways are maintained by the Town," then the applicant shall provide
a letter from the Town Clerk in which the above described certification
is made.
(b)
Previously approved plan. If the applicant is attempting to
demonstrate that the lot in question has "frontage on a way shown
on a plan previously approved and endorsed by the Planning Board and
recorded at the Registry of Deeds," then the applicant shall provide
a copy of the approved definitive subdivision plan or approval not
required (ANR) plan as recorded in the Essex County Registry of Deeds,
including the book and page number of said recording.
(c)
Existed prior to subdivision control. If the applicant is attempting
to demonstrate that the lot in question has "frontage on a way existing
prior to the date on which subdivision control was adopted by the
Town, then the applicant shall provide deeds, maps, and other documentation
which shows that the road in question existed prior to March 15, 1955,
and provide evidence that the road has a history of being used as
a traveled way.
C.
Submittal requirements. The applicant shall submit the following
to the Planning Board:
(1)
Three contact prints of a plan [Note: For an existing road that is adequate in all respects except that it lacks a proper surface, the Planning Board may determine that the plan does not need to be signed and stamped by a professional civil engineer, and need not contain the information described in Subsection C(1)(e), (f) and (g).] certified by a registered land surveyor per CMR 250, drawn to scale of at least one inch to 40 feet (or in lesser detail if approved by the Planning Board), signed and stamped by a registered land surveyor and civil engineer, and showing the following information:
(a)
Street name, boundaries, North point, benchmarks, date, scale,
legend, and title "Road Improvement Plan."
(b)
Names of the applicant, surveyor, and engineer.
(c)
Existing and proposed boundary lines of right-of-way.
(d)
Existing and proposed traveled way within the right-of-way.
(e)
Existing and proposed topography of street.
(f)
A locus plan of the subdivision at one inch equals 1,000 feet,
showing proposed street and its relation to the surrounding area.
(g)
Typical cross section at one inch equals five feet horizontal;
one inch equals one foot vertical. Typical cross section of road shall
show the width of layout; width and pitch of pavement, including berms
and shoulders; and the depth of base course and road pavements.
(h)
Signature block and a space for the date of endorsement.
(2)
A submittal fee of $300.
D.
Design standards. The design standards for road construction in the Town of Middleton are described in the Planning Board's Rules and Regulations Governing the Subdivision of Land in Middleton. As a general rule, however, roads constructed under this section (§ 250-6) need conform only to the following minimum standards. [Note: In some instances, conditions may warrant either stricter or less restrictive standards than those listed above; such standards may be imposed by the Planning Board in any particular case in which such standard(s) is in the public interest and not inconsistent with the intent and purpose of these regulations.]
(1)
The width of the street right-of-way shall be no less than 20 feet.
(2)
The minimum width of the traveled way shall be no less than 16 feet.
(3)
The maximum center-line grade shall be 12%.
(4)
When the grade exceeds 6% on the approach to an intersection, a leveling
area with a slope of not more than 4% shall be provided for a distance
not less than 50 feet from the intersecting street.
(6)
For a dead-end street, a "T" or "Y" shaped turnaround, of a design
satisfactory to the Planning Board.
E.
Road surface requirements. For a way to be of "adequate construction,"
it must be paved with bituminous concrete (asphalt) or macadam, and
be in good condition. However, in certain situations the Board may
allow a road surface such as lynn-pak, man-pak, processed gravel,
porous bituminous concrete, or other all weather surface, provided
that:
(1)
The way in question will be serving no more than one additional lot;
(2)
The grade of the way in question is not more than 5%; and
(3)
Any of the following three criteria are met:
(a)
The Conservation Commission has requested that the way in question
not be paved to minimize the impact of the road on the surrounding
wetlands; or
(b)
The way in question is an extension of, or located off of, a
public or recognized private way that is not paved with concrete,
bituminous concrete, or macadam, and which serves other house lots;
or
(c)
The way in question serves as frontage for at least one other
existing residential lot.
F.
Length of road improvement required. At a minimum, the applicant
shall improve the roadway to within the design and road surface standards
for a length equal to the required frontage for the lot in question.
Based on the condition of the remainder of the subject road, as well
as the condition of ways that provide access and egress to and from
the subject road, the applicant may be required to make additional
street improvement to ensure adequate access. The nature of said improvements
shall be determined by the Planning Board.
G.
Plan review and approval.
(1)
Plans submitted in accordance with the above requirements shall be
reviewed and acted upon by the Planning Board within 60 days of the
submittal. Prior to taking action the Board will hold a public hearing
to obtain public comment on the plan. The hearing shall be advertised
in a newspaper of local circulation at least seven days prior to the
hearing. The cost of advertising the public hearing shall be borne
by the applicant.
(2)
The Planning Board shall make a final determination on the application
no later than 60 days after submittal, and said decision shall be
filed with the Town Clerk within said time. If a plan is approved,
it shall be signed by the Chairman of the Planning Board or his/her
designee. If a plan is found to be unsatisfactory, the Planning Board
shall deny the application, and the reasons for denial shall be included
in the Board's decision. Once the applicant has addressed the
reasons for disapproval and submitted such to the Planning Board,
it may be approved by the Board without a public hearing.
H.
Recording of plan. The Planning Board's approval under these
rules and regulations shall not take effect until an endorsed copy
of the plan and decision, certified by the Town Clerk and executed
by the developer, has been recorded with the Essex County South District
Registry of Deeds. A certified copy of the recorded document shall
be submitted to the Board prior to the issuance of a building permit.
I.
Completion of improvements. Upon the Chairman's endorsement
of the Road Improvement Plan, the applicant may proceed with the improvements.
The applicant shall notify the Planning Board or its designee when
the improvements are completed. Within 14 days of such notice, the
Planning Board or its designee, upon consultation with the Director
of Public Works, shall notify the applicant in writing as to whether
the road improvements have been satisfactorily completed. If they
are found to be unsatisfactory, the Planning Board or its designee
shall state the reasons in the letter to the applicant. Once the applicant
has addressed the reasons for disapproval to the satisfaction of the
Planning Board or its designee, the Planning Board or its designee
shall advise the Building Inspector that the roadway provides adequate
access to the applicant's lot.
A.
Basic requirement. A subdivider shall observe all design standards for land subdivision as hereinafter provided. These standards shall be considered minimum standards and shall be varied from or waived as provided for in § 250-16B.
B.
Conformance with Master Plan. Any proposed subdivision
should conform as far as practicable to the proposals and intentions
of the Middleton Master Plan as adopted in whole or in part by the
Planning Board unless substitute proposals may be shown to the satisfaction
of the Board to better serve the general area of the subdivision and
the Town.
C.
Compliance with zoning. The proposed plan shall be
in compliance with the existing Zoning Bylaws, as amended, particularly
relating to shape, area, width and frontage within a subdivision,
before the Board will grant approval.
D.
Access through another municipality. In case access
to a subdivision crosses land in another municipality, the Board may
require certification, from appropriate authorities, that such access
is in accordance with the Master Plan and subdivision requirements
of such municipality and that a legally adequate performance bond
has been duly posted to insure that adequate provision has been made
to handle prospective traffic.
E.
Reserve strips. Reserve strips prohibiting access
to streets or adjoining property shall not be permitted except where,
in the opinion of the Board, such strips shall be in the public interest.
F.
Further subdivision. In the event that a tract of
land is subdivided into larger parcels than ordinary building lots,
such parcels shall be arranged so as to allow the logical and economic
extension of streets, utility easements, drainageways and public areas
into such parcels.
G.
Resubdivision. The resubdivision of all or part of
land covered by an existing plan shall show clearly that area or areas
which are being replatted and shall show the file number of all previous
plans of these same areas with dates of filing. All areas last subdivided
more than seven years previous to the date of the application shall
be subdivided in accordance with the Zoning Bylaws in effect.
H.
Compliance with Stormwater Management Bylaw. A subdivider shall observe all design standards and plan requirements for Stormwater Management as required by Chapter 204 of the Town Code: Stormwater Management Bylaw. Requirements include, but are not limited to, a stormwater management plan, erosion and sediment control plan, and an operation and maintenance plan. Please refer to § 204-2D(13) of the Stormwater Management Bylaw for specific requirements for meeting the stormwater management permit exemption for subdivisions.
[Amended 9-10-2014]
I.
Number of dwellings per lot. Not more than one building
designed or available for use as a dwelling unit shall be erected
or placed or converted to such use on any lot in a subdivision or
anywhere else in Town without the consent of the Board unless allowed
by the Zoning Bylaws. Such consent may be conditioned upon providing
adequate ways and furnishing access to each site for such building
in the same manner as otherwise required for lots in a subdivision.
A.
Contents of preliminary plan.
(1)
A preliminary plan, which may be drawn in pencil,
shall be at one inch equals 100 feet or larger scale. It shall include
the following information:
(a)
The subdivision name, boundaries, magnetic North
point, date, scale, legend and title "Preliminary Plan."
(b)
The name(s) of the owner of record and the applicant,
the stamp and signature of a registered land surveyor, if surveying
information is shown, and the stamp and signature of a registered
professional engineer, if the plan shows the design of road pavements,
water pipes, sewerage or other utilities.
(c)
The names of all abutters, as determined from
the most recent tax list.
(d)
The existing and proposed lines of streets,
ways, easements, and any public areas within the subdivision in a
general manner.
(e)
The proposed system of drainage and utilities,
including adjacent existing natural waterways, showing the approximate
locations of all inlets, outlets, pipes and drains and other appurtenances
to the proposed drainage system.
(f)
The approximate boundary lines of all proposed
lots, with the approximate areas and dimensions, within the subdivision.
(g)
The names, approximate location, area and dimensions
of existing nearby streets and ways.
(h)
A topography plan of the subdivision with five-foot
contour intervals and including a clear and accurate disclosure of
the grades of the existing terrain adjacent to the subdivision.
(2)
The applicant shall also submit a plan showing the
location of the proposed subdivision drawn to scale as an insert on
the plan he submits.
(3)
It is also recommended that the following be shown
on a preliminary plan:
(a)
The approximate boundary lines of all existing
lots within the subdivision and those abutting the tract, with approximate
areas and dimensions.
(b)
The names, approximate location, area and dimensions
of existing nearby easements and public areas.
(c)
The proposed locations and depths of other municipal
services and utility installations where possible.
(d)
Existing outstanding features such as swamps,
ledge outcrops, ponds, watercourses, existing easements, walls, fences,
etc.
(e)
The location of the bench mark based on National
Geodetic Vertical Datum (NGVD).
(f)
The identification of changes in zoning districts
within the boundaries of the proposed subdivision.
B.
Approval of preliminary plan. After a preliminary plan has been reviewed as provided for under § 250-4B(1), the Board will take action as prescribed under § 250-4D, namely to approve, disapprove or approve with modifications such preliminary plan. The applicant is reminded that approval does not constitute approval of the subdivision.
A.
Contents of definitive plan.
(1)
The approval of a definitive plan is a condition of undertaking the subdivision of land as provided in § 250-3A. Such definitive plan shall be clearly and legibly drawn to a scale of one inch equals 40 feet. The plan shall be drawn in india ink (or an ink with equivalent cohesiveness) on polyester film sepia, single matte with a thickness of four mils and must have an opacity so as to allow consistent diazo and microfilm reproduction. The minimum letter size on plans presented for recording shall be 1/8 inch.
(2)
Drafting standards shall include the following: dimensions
shall be in feet and decimals to the nearest hundredth; bearings shall
be in degrees, minutes and seconds; the boundary of the subdivision
shall be indicated in a solid heavy line, existing topography in dashed
lines and proposed topography in solid lines; and if multiple sheets
are being used, they shall be accompanied by an index sheet properly
orientated and a title block on each sheet properly labeled and provide
space for revision dates. The plan shall be drawn to a scale of one
inch equals 40 feet.
(3)
Definitive plans shall contain the following information:
(a)
The subdivision name, boundaries, magnetic North
point, date of submission, legend and scales on each sheet; suitable
space to record the action of the Board and Board of Health; suitable
space for the Town Clerk's certification; reference to any covenant
to be recorded with the plan; and a plan at a scale of one inch equals
800 feet showing the location of the proposed subdivision as an insert
on the plan.
(b)
The name and address of the owner of record,
the name and address of the applicant, the stamp and signature of
a registered land surveyor and the stamp and signature of a registered
professional engineer.
(c)
The existing and proposed lines of streets,
ways, lots, easements, waterways and public or common areas within
the proposed subdivision. (The proposed street names shall be shown
in pencil until they have been submitted by the applicant and approved
by the Board of Selectmen. This must be done before final approval
can be granted.) The purpose of easements shall be indicated.
(d)
A sketch on each lot indicating that a structure
can be erected in accordance with the requirements of the Zoning Bylaws.
(e)
The location of all permanent bounds properly
identified as to whether existing or proposed. All bench marks shall
be tied to and employ the National Geodetic Vertical Datum (NGVD)
system.
(f)
The locations, names and present widths of streets
bounding, approaching or within reasonable proximity of the subdivision.
(g)
Existing and proposed topography at two-foot
contour intervals.
(h)
The length, radii, bearing and central angles
to determine the exact location, direction and length of every street
and way line, lot line and boundary line.
(i)
The zoning classification(s), including floodplain
zones of the area as indicated on the Flood Insurance Rate Map (FIRM),
as amended, and referred to in § 235-29 of the Zoning Bylaws.
(j)
Any watercourses, marshes, ledge outcrops, walls,
fences, and other significant natural features.
(k)
The size and location of existing and proposed
storm drainage, sanitary sewerage and water supply systems.
(m)
The storm drainage system, including invert
and rim elevations of all catch basins and manholes, together with
surface elevations of all waterways within the subdivision at one-hundred-foot
intervals and the approximate depth of water at these points. Surface
elevations and approximate depth of water shall be shown at each point
where a drainage pipe ends at a waterway.
(n)
The location of all of the following improvements unless specifically waived as provided for in § 250-16B: street paving, sidewalks, street signs, streetlights, all utilities, above and below ground, curbs, gutters, street trees, storm drainage, public sewerage, if appropriate, all easements and fire alarm boxes.
(o)
The profiles of proposed streets indicating
the following information:
[1]
A horizontal scale of one inch equals 40 feet.
[2]
A vertical scale of one inch equals four feet.
[3]
Existing center line in fine dashed line with
elevations shown every 50 feet.
[4]
Proposed center-line grades and elevations,
with elevations shown every 50 feet, except that in vertical curves
elevations shall be shown at twenty-five-foot stations.
[5]
All elevations and bench marks shall refer to
the National Geodetic Vertical Datum (NGVD).
[6]
Rates of gradient shall be shown.
[7]
Size and location of existing and proposed water
mains and their appurtenances and surface drains and their appurtenances.
[8]
Profiles shall show vertical location of drainage
lines and other utilities as well as required new waterways. Sizes
of all pipes shall be shown as well as inverts of all pipes at each
manhole or catch basin, together with the invert elevations and rim
elevation of each manhole or proposed drainage line within the subdivision
or roadways.
(p)
The cross section of typical sewer manhole and
drainage manhole.
(q)
The computations used in designing the storm
drainage system.
(r)
Any special construction details or detailed
drawings or other pertinent information which the Board may request
as is necessary to evaluate the feasibility of the proposed design
of the subdivision.
(s)
A certification clause signed by the preparer
stating that he/she has conformed to the rules and regulations of
the Registry of Deeds in preparing the plan.
B.
Environmental impact and evaluation statement.
(1)
The applicant shall submit with his definitive plan
an environmental impact statement, prepared by a registered professional
engineer, the purpose of which is to enable officials of the Town
to determine the methods which are to be used by the applicant to
promote the environmental health of the community and to minimize
adverse effects on the natural resources of the Town.
(2)
The statement should include specific references to
the appropriate plans and maps. The statement should be a technical
document with references for all comments whenever possible.
(3)
In reviewing the statement, the Town boards will consider
the degree to which water is recycled back into the ground; the maintenance
and improvement of flow and quality of surface waters; the preservation
or promotion of wildlife refuges, historic sites, unique geological,
botanical and archaeological features, existing or potential trails
and accesses to open space areas; and the health and safety of the
inhabitants of the area.
(4)
The Board may waive any section or sections of the
statement which it deems inapplicable to the proposed subdivision.
The applicant should discuss the requirements with the Board prior
to the preparation of the statement.
(5)
The statement shall include the following:
(a)
Physical environment.
[1]
A description of the general physical conditions
of the site, including amount and varieties of vegetation, general
topography, unusual geologic, scenic and historic features, trails
and open space links and indigenous wildlife.
[2]
A description of how the subdivision will affect
these features.
[3]
A complete physical description of the subdivision
and its relationship to the surrounding area.
[4]
A description of the method to be used during
construction to control erosion and sedimentation and shall include,
but not be limited to, the use of sediment basins and the type of
mulching, matting or temporary vegetation; a description of the approximate
size and location of land to be cleared at any given time and the
length of time and exposure; and other control methods used.
(b)
Human environment.
[1]
A tabulation of proposed buildings by type,
size (number of bedrooms, floor area), and ground coverage and a summary
showing the percentage of tract to be occupied by buildings, parking
and other paved vehicular areas and usable open space.
[2]
A description of the type of construction and
building materials to be used, if known.
[3]
A description of the estimated traffic flow
at peak periods and the proposed circulation pattern.
A.
Suitability of land.
(1)
No definitive plan of a subdivision of land shall
be approved unless, after investigation and consultation with the
Board of Health, the Board determines that the land can be used without
danger to the public health.
(2)
The Board of Health shall report to the Board, in
writing, its approval or disapproval of said plan within 45 days after
the submission date. In cases of disapproval, the Board of Health
shall make specific findings and the reasons for them and, where possible,
make recommendations for adjustments. Failure of the Board of Health
to make such a report shall be deemed approval by the Board of Health
and shall be so noted on the plan. When the definitive plan shows
that no municipal sewer is to be installed to serve any lot, approval
of the Board of Health shall not be treated as nor deemed to be approval
to construct an individual sewerage system on any lot.
(3)
The following minimum requirements shall be met in
compliance with the National Flood Insurance Program:
(a)
All public utilities and facilities, such as
sewer, gas, electrical and water systems, shall be located and constructed
to minimize or eliminate flood damage; and
(b)
Base flood elevation (the level of the one-hundred-year
flood) data shall be provided for proposals greater than 50 lots or
five acres, whichever is the lesser, for that portion within the Floodplain
District.
(4)
Where any portion of a proposed subdivision lies within
a wetland area, the Board may request the Conservation Commission
to make a written report to the Board prior to disposition of the
plan.
B.
Suitability of design of system of ways. The Superintendent
of Public Works shall advise the Board as to the adequacy of the proposed
streets within the proposed subdivision. No definitive plan shall
be approved unless the ways and streets shown on the plan comply with
the following requirements, and they shall be constructed in accordance
with the standards specified in the Appendix.[1]
(1)
Location and alignment.
(a)
The street system shall conform to the approved
preliminary plan, if any.
(b)
All streets in the subdivision shall be designed
to provide safe vehicular travel. Consideration shall be given to
the attractiveness of the layout in order to obtain the maximum livability
and amenity of the subdivision.
(c)
All streets which are part of the main highway
system of the subdivision shall, as far as possible, be contiguous
with existing links in the existing Town system and shall provide
a convenient system, with connections adequate to ensure free circulation
of vehicular travel.
(d)
Connections with incomplete extensions of adjacent
ways shall be accomplished. When adjoining property is not subdivided,
temporary dead-end streets shall be laid out to the perimeter of the
subdivision to permit future projection and shall conform to the provisions
for alignment, width and grade that would be applicable to such streets
if extended. Such dead-end streets shall be provided with a turnaround.
(e)
Cul-de-sac streets shall not exceed 500 feet
in length and shall be provided with a turnaround which shall have
a property line diameter of 120 feet.
(f)
The minimum center-line radii of streets shall
be 100 feet. Adequate sight distance shall be provided for all streets
and intersections.
(g)
No street shall intersect any other street at
less than a sixty-degree angle.
(h)
Streets entering opposite sides of another street
shall be laid out either directly opposite each other or with a minimum
offset of 250 feet between their center lines for major and secondary
streets and no less than 125 feet between their center lines for minor
streets. Intersections of major and secondary streets with existing
major streets will not normally be allowed at intervals of less than
400 feet. Subdivisions of more than 25 lots will be required to have
more than one access to an existing secondary street or to a proposed
secondary street which is to be built in conjunction with the proposed
subdivision.
(i)
The sight distance at the intersection of all
streets shall be 300 feet in either direction measured from the side
lines of the intersecting streets.
(2)
Width.
(a)
Major streets shall have a minimum right-of-way
of 60 feet.
(b)
Secondary streets shall have a minimum right-of-way
of 50 feet.
(c)
Minor streets shall have a minimum right-of-way
of 40 feet.
(d)
Property lines at all right-of-way intersections
shall be cut back to provide for a curb radius on the roadway of not
less than 25 feet, except where the angle of intersection varies more
than 10° from a right angle, in which case the radius of the curve
connecting the acute angle may be less and the opposite radius must
be correspondingly greater.
(3)
Grades.
(a)
The minimum grade for all streets shall not
be less than 1%.
(b)
The maximum grade at all intersections shall
be 2% desirable, but shall not exceed 3% for a distance of 64 feet
from the beginning of intersection.
(c)
The maximum grade for major streets shall not
be more than 6%.
(d)
The maximum grade for secondary streets shall
not be more than 9%.
(e)
The maximum grade for minor streets shall not
be more than 9%.
(4)
All street names shall be approved by the Board of
Selectmen prior to the Board granting approval of a definitive plan.
(5)
Driveways.
(6)
Sidewalks. A bituminous sidewalk shall be constructed
on both sides of all streets within a subdivision in accordance with
the standards in the Appendix. At each intersection a wheelchair ramp
shall be constructed which must be approved by the Building Commissioner.
(7)
Easements.
(a)
All easements shall have a minimum width of
30 feet and the limit located by bearing and dimension, with the exception
of watercourses.
(b)
Streams and watercourses shall be provided with
a drainage easement conforming substantially to the line of its course,
but not less than 30 feet in width. Parallel streets or pedestrianways
and/or appropriate access may be required in connection therewith.
The relocation of streams or watercourses into open channels or covered
culverts shall be kept to a minimum. Any stream diversion or relocation
shall be done in accordance with the Massachusetts Wetlands Protection
Act,[2] and the applicant shall be required to obtain approval
of the Middleton Conservation Commission.
[2]
Editor's Note: See MGL c. 131, §§ 40
and 40A.
(c)
Utility easements shall generally follow the
rear or side lot lines.
(d)
Sight distance easements shall be required at
all intersections and conform to § 235-32J of the Middleton
Zoning Bylaws, the purpose of which is to eliminate the installation
of solid fences and shrubbery or any obstruction which would impair
the sight distance.
[1]
Editor's Note: The Construction Standards
are included as an attachment to this chapter.
C.
Suitability of design of surface water drainage system.
A definitive plan of a subdivision shall include a detailed system
designed to adequately dispose of surface water and to provide for
minimum of subsequent maintenance. The design shall be governed by
the following requirements and shall be constructed in accordance
with the standards in the Appendix.[3]
(1)
Content. A drainage plan prepared by a registered
professional engineer and showing existing and proposed streets, lots,
five-foot contours and other pertinent data; the drainage limits and
acreage of the area tributary to each stormwater inlet and culvert;
location and type of inlets proposed; and location, size, length,
invert elevations and slope of proposed drains and culverts. Structural
details of inlets, manholes, pipes, headwalls and all other drainage
structures required to complete the plan shall be attached and meet
the Commonwealth of Massachusetts standards.
(2)
Drainage design and criteria.
(a)
The basis for design of drainage systems shall
be by the rational method. The hypothetical rainfall for the design
and analysis of storm drainage structures shall be as follows: ten-year
storm for roadway structures; twenty-five-year storm for all culverts
and open channel flow; and one-hundred-year storm for drainage systems
for which ponding or storage basins are designed or encountered. The
above rainfall frequency curves will be in accordance with the United
States Technical Paper 40 or most recent publication from the United
States Weather Bureau.
(b)
The Commonwealth of Massachusetts standard catch
basin will be used and assumed, for design purposes, to receive a
maximum of 1.5 cubic feet per second with the required granite curb
inlet.
(c)
Runoff quantities shall be determined by the
Rational Formula under conditions of full development or other methods,
if approved by the Superintendent of Public Works.
(d)
Velocities in storm drains shall not be less
than 2.5 feet per second and no greater than eight feet per second.
(e)
Street drainage pipes shall be a minimum of
12 inches in diameter. Culverts shall be a minimum of 18 inches in
diameter.
(f)
Storm drain capacities shall be calculated by
the Manning Formula. Recommended "n" values are as follows:
|
Surface
|
"n"
| |
|---|---|---|
|
Reinforced concrete pipe
|
0.015
| |
|
Natural channels, clean, straight, no pools
|
0.030
| |
|
Natural channels, with weeds and stones
|
0.035
| |
|
Natural channels, winding, pools and shallows,
weeds and stones
|
0.045
| |
|
Natural channels, sluggish, weedy, with deep
pools
|
0.065
| |
|
Natural channels, very weedy and sluggish
|
0.112
| |
|
Man-made channels, smooth earth
|
0.018
| |
|
Man-made channels, firm gravel
|
0.020
|
(g)
Catch basins shall be installed at all intersections,
including those with existing streets, at all low profiles, at a maximum
spacing of 300 feet from other catch basins or from roadway crests.
Manholes shall be provided at points of change in grade, change in
direction, change in size of pipe or at points of entrance to the
system by pipes over four inches in diameter. The maximum spacing
of drain manholes shall be 300 feet. All storm drains shall have a
headwall or a supported flare pipe section at the entrance and exit
sections with an accepted section of riprap.
(h)
All material and construction methods used shall
meet the current Commonwealth of Massachusetts Department of Public
Works Standard Specifications for Highways, Bridges and Waterways
and the Town of Middleton general specifications as amended from time
to time.
(i)
Drainage pipe shall be reinforced concrete or
equivalent strength of properly engineered sizes and strength as approved
by the Superintendent of Public Works and shall have a minimum of
three feet cover in paved or other vehicular roads. Where material
other than reinforced concrete pipe is to be employed, the applicant
shall so state in a note on the plans submitted to the Board for approval.
(3)
Runoff computation. A stormwater runoff computation
for each section of drain culvert which includes the location of the
section, the increment and total area tributary to the section, the
percentage of impervious surfaces, the runoff per acre, the design
runoff and the size, slope, velocity and capacity of the pipe serving
the section in tabular form is to be included.
(4)
Terminations. All surface drainage shall terminate
into flowing water or into a riprapped ditch section if on subdivided
land or into a ditch section connected to flowing water except when,
in the opinion of the Board, such termination is undesirable. Sufficient
easements must be procured to comply with the requirement.
(5)
Pitch. The minimum pitch of all storm or surface water
drains shall be 0.5%, and the minimum size of pipe shall be 12 inches
in diameter.
(6)
Certification. A certificate signed by a registered
professional engineer shall be submitted, with his seal, which states
that the drains, culverts and appurtenances have been constructed
in accordance with the drainage plan. The certificate shall be submitted
after all drainage facilities have been completed and have been checked
and approved by the Engineer. An as-built plan shall be submitted
at this time and shall show all drainage structures as finally built.
Final approval of the drainage plan by the Board is contingent upon
receipt of the certificate and as-built plan.
[3]
Editor's Note: The Construction Standards
are included as an attachment to this chapter.
D.
Public open spaces and protection of natural features.
(1)
The Board may require that an area for open space,
parks or playgrounds be set aside within a proposed subdivision. Such
areas shall be of reasonable size, but generally not less than 5%
of the total area of the proposed subdivision. The minimum area acceptable
for this purpose shall be one acre. The Board may by appropriate endorsement
on the plan require that no building be erected upon such area for
a period of three years without its approval. This area shall be made
available for purchase by the Town with just compensation to the owner
thereof. Failure of the Town to purchase the land within three years
from the date of final approval shall free the owner from this restriction.
(2)
Any open space, park or playground shall provide at
least 50 feet of continuous frontage on a street, and pedestrianways
will normally be required to provide access from each of the surrounding
streets, if any, to which the open space, park or playground has no
frontage. Areas so designated shall be left in an undisturbed condition
unless otherwise agreed to by the Board.
(3)
Due regard shall be shown for all natural features,
such as large trees, watercourses, scenic points, historic sites and
similar community assets, which, if preserved, will add attractiveness
and value to the property.
Before endorsement of its approval of a definitive
plan, the Board shall require that the construction of ways, the installation
of municipal services and other require improvements be secured by
one, or in part by one and in part by the other, of the methods described
below. Which method may be selected and from time to time varied by
the applicant. In any event, the method selected must be approved
by the Town Counsel as to form.
A.
Bond or surety.
(1)
The applicant shall file a proper bond or a deposit
of money or negotiable securities in an amount sufficient to cover
the cost of all or any of the improvements required. The amount shall
be determined by the Board with the advice of the Superintendent of
Public Works. Said bond or surety to be deposited with the Town Treasurer-Collector.
(2)
Said bond or surety shall be solely in the name of
the Town of Middleton.
(3)
If the Board determines at any time during the construction
of the improvements that improvements have been installed in a satisfactory
manner in sufficient amount to warrant reduction in the face amount
of such surety, or the character and extent of the subdivision require
additional improvements, previously waived, or the cost of the improvements
has risen substantially and the performance guarantee is no longer
sufficient to cover costs, then, in each of the above cases, the Board
may modify its requirements for any or all such improvements, and
the face value of such surety shall thereupon be reduced or increased
by an appropriate amount.
B.
Covenant.
(1)
The applicant may request approval of the definitive
plan on the condition that a covenant running with the land has been
duly executed and recorded and so noted on the plan.
(2)
Such covenant shall provide that no lot may be sold
or built upon until all of the required improvements have been completed
and approved. The Board may set a two-year or other appropriate time
limit within which all construction must be completed.
(3)
The Board shall specify that failure to complete specified
construction within the applicable time for completion may result
in rescission of the plan upon a vote of the Board. The applicant
may request a time extension subject to the Board's review and approval.
C.
Tripartite agreement. The applicant shall deliver
to the Board 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 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.
D.
Reduction of bond or surety or release of covenant.
(1)
Upon the completion of the ways and the installation
of municipal services, the applicant shall so notify the Board and
the Town Clerk, by delivery or registered mail, requesting release
from such bond or surety or covenant. If the Board determines that
such construction and installation have been completed in accordance
with the specifications, it shall release such bond or surety or covenant.
The Board may require that an amount equal to 10% of the original
face value of the bond or surety remain on deposit with the Town Treasurer-Collector
for a period of one year from the date of completion. If construction
was secured by a covenant, the Board may require that an appropriate
amount be deposited with the Town Treasurer-Collector for a period
of one year following the release. Said deposit may be a bond or surety.
(2)
The Board, at its discretion, may condition such request
upon the submission of as-built plans.
(3)
The Board shall act upon such request within 45 days.
A.
The developer shall provide the Board with one set
of as-built drawings drawn on polyester film sepia and at the same
scale as the approved plan after the completion of the subdivision
or a portion of a subdivision showing the precise location of:
B.
The as-built drawings shall bear the stamp and signature
of a registered land surveyor.
A.
General.
(1)
All work performed as a consequence of these rules
and regulations shall be subject to the review of the Board, which
shall approve and accept or disapprove and reject each phase or portion
of such work and at completion shall recommend the acceptance of all
work or disapproval of the work with reasons therefor. The Board will
employ the Superintendent of Public Works to act as its agent in the
inspection of the work to ensure compliance with these rules and regulations
and to report to the Board his recommendations as to approval or disapproval
of the work. Such Superintendent or his designee shall make certain
inspections in order to check the adequacy of the work at various
stages prior to such work being covered by subsequent work. However,
the Board, the Superintendent or such other persons as may be designated
shall have the right to inspect the work at any time. Therefore, the
applicant shall at all times provide safe and reasonable access to
all parts of the work for inspection by the Board or its authorized
agents.
(2)
All work which has been disapproved or is not acceptable
to the Board shall be removed and replaced or otherwise corrected
to the point of complying with the requirements of the Board for acceptance.
Any work which has covered by subsequent work prior to acceptance
or is otherwise not available or obscured to the point of rendering
inspection of the work difficult shall be considered not acceptable
to the Board. Such subsequent work shall be removed as directed by
the Superintendent to ensure availability of the work to be inspected
as required.
(3)
The construction of the required improvements shall
be inspected by the Superintendent or authorized agent, and unless
approval of the work completed, including approval of materials used,
to each point has been given in writing, no further work shall be
commenced. Such inspections may include the taking of samples for
laboratory analysis or testing. In such cases, the applicant shall
ensure that the Superintendent is in no way hindered or obstructed
in the course of obtaining such samples. Where such samples are removed
from the completed work the applicant shall replace or restore such
work, to the satisfaction of the Superintendent, to its condition
prior to the taking of the sample.
(4)
The Superintendent may require certified copies of
delivery receipts or bills of lading or other certification as to
the description of materials used or incorporated in the work.
B.
Notification of the Superintendent.
(1)
The Superintendent or his designee will act as the
Board's representative and perform the inspections as required and
otherwise act as the Board's agent to ensure compliance with these
rules and regulations. The applicant shall keep the Superintendent
fully informed as to the status and progress of the work and shall
notify the Superintendent at least 48 hours in advance that the work
has progressed to a stage that an inspection is required.
(2)
In the event the Superintendent makes an inspection
of the work at the time designated and finds that such work is not
at the proper state of completion or that the work has been covered
or otherwise obscured, the Superintendent shall notify the applicant
and the Board as to the additional steps the applicant shall take
to complete the work to the point required or to the extent the work
shall be uncovered or exposed to full view.
(3)
The applicant shall be liable for all costs and fees
incurred by the Board as a result of performing these inspections.
The Superintendent shall determine the estimated costs of the inspections,
of which the applicant shall deposit 1/3 with the Town Treasurer-Collector
before commencing any required improvements. The applicant shall make
additional deposits as may be reasonably requested by the Board.
C.
Required inspections. The following inspections of
the required improvements shall be made by the Superintendent or authorized
agent. These inspections are the minimum required and may be in addition
to any others that the Board may require. The applicant shall notify
the Superintendent when work is to be done so that he may inspect
the work in progress.
(1)
Upon completion of all clearing, grubbing and excavation
and all work incidental to the preparation of the roadway. No fill
shall have been placed at the time of this inspection.
(2)
Upon completion of the drainage system but prior to
backfilling.
(3)
Upon completion of the installation of municipal services
but prior to backfilling. The inspection of a municipal service shall
be made by the agency responsible for the particular service. Each
such agency shall notify the Superintendent of approval or disapproval
of such installation.
(4)
Upon completion of backfilling the drainage system
and utility installations and upon completion of the compaction of
fill as may be required to bring the roadways to their proposed grades.
The applicant shall notify the Superintendent as to the source of
fill and provide him with samples. No backfilling or filling such
take place until the Superintendent has notified the applicant of
his approval of the material to be used.
(5)
Upon completion of each course of the bituminous concrete
roadway surface.
(6)
Upon completion all work required on sidewalks, curbing,
grass plots, side slopes, monuments, bounds and street signs.
(7)
A final inspection shall be made upon completion of
all subsequent work as required, including the final cleanup.
D.
Superintendent's report.
(1)
The Superintendent shall submit a completed written
report to the Board for each way in the proposed subdivision. Such
report shall contain all information which will enable the Board to
make a decision and shall describe any special problems or situations
which may arise during the construction of the required improvements.
(2)
The Superintendent will make progress reports to the
Board that the work has been performed in accordance with these rules
and regulations and the definitive plan. He shall inform the Board
as soon as practical that the work is not acceptable with the reasons
therefor.
(3)
If during the progress of the work the Superintendent
finds it unacceptable and uncorrected, he shall immediately stop the
work and notify the Board. Only the Superintendent or his designee
shall have the authority to stop the work.
No changes or alterations, except as provided
for in MGL c. 41, § 81O, shall be made in an approved definitive
plan without first resubmitting the changes to the Board for approval.
Any alteration in grades, drainage plans or other utilities shall
be deemed to constitute a change in a definitive plan.
A.
Approval of a definitive plan shall not of itself
constitute the laying out or acceptance by the Town of any way shown
on such plan as a Town way, or the establishment as a public improvement
for which the Town is responsible any park, playground, reserved area
or other work or improvement shown on the plan.
B.
The ways shown on such plan shall not become public
ways unless and until laid out and accepted as Town ways under the
provisions of MGL c. 82, §§ 21 to 24 inclusive.
A.
Authority.
(1)
The Board shall be the administrative agency of the
rules and regulations and shall have all the powers assigned it by
MGL c. 41, §§ 81A to GG.
(2)
Applicants aggrieved under the subdivision control
process may appeal their case to the Essex County Superior Court or
the Land Court.
(3)
The Board may assign as its agents appropriate Town
agencies or officials and may from time to time hire professional
assistance to review plans and inspect improvements, at the cost of
the applicant.
(4)
The Board, on its own motion or on the petition of
any party of interest, shall have the right 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.
B.
Waiver of requirements.
(1)
The applicant may request that specific requirements
of these rules and regulations and construction standards be waived.
Such requests must be made in writing at the time of submission of
a definitive plan. If the Board determines, in its opinion, that the
waiving of any specific requirement is in the public interest and
not inconsistent with the Subdivision Control Law, it may grant such
request(s). Any requests so granted must be noted on the definitive
plan.
(2)
In granting such request(s), the Board may require
such alternative conditions as will serve substantially the same objective(s)
as the rule or regulation or standard waived.
C.
Validity. If any section, paragraph, sentence, clause
or provision of these rules and regulations shall be adjudged not
valid, the adjudication shall apply only to the material so adjudged,
and the remainder of these rules and regulations shall be deemed valid
and effective.
D.
Amendments. These rules and regulations or any portion
thereof may be amended, supplemented or repealed from time to time
by the Board, on its own motion or by petition, after a public hearing.
