Town of Westminster, MA Procedures for Submission and Approval of Plans

Any person wishing to submit a definitive plan of land to the Planning Board for its approval shall submit to the Planning Board a copy of Form B-1 (see appendix).[1] A preliminary plan of a subdivision may be submitted by the subdivider to the Planning Board and to the Board of Health for discussion and approval, modification or disapproval by each Board. The submission of such a preliminary plan will enable the subdivider, the Planning Board, the Board of Health and others to discuss and clarify the problems of a subdivision before a definitive plan is prepared. Therefore, it is strongly recommended that a preliminary plan be filed in each case. A preliminary plan shall be submitted for any nonresidential subdivision.

[1]

Editor’s Note: Form B-1 is included at the end of this chapter.

Such a plan shall be submitted with eight prints at a regular Planning Board meeting. Notice of submission shall be sent to the Town Clerk in accordance with MGL c. 41.

Contents of plan. The preliminary plan shall show, in a general way, the proposed subdivision and shall include the following:

The subdivision name, North point, date and scale, legend and title "Preliminary Plan."

The name and address of the record owner of the land, and the names of the subdivider, surveyor and engineer.

(3)

The location and names of all abutters as determined from the most recent tax list or lists.

(4)

The location, names and present widths of existing and proposed streets in the immediate vicinity and within the plan, whether public or private.

(5)

The location and boundaries of existing areas dedicated to other public uses and the location and character of all easements, public or private, within or immediately adjacent to the plan.

(6)

Proposed lots and lot lines with approximate areas and dimension.

(7)

Proposed storm drainage systems.

(8)

Proposed public areas, if any, and easements.

(9)

The location of all existing and proposed water and sewer pipes indicating size of same.

(10)

Topographic plans of the subdivision, in a general manner, including a clear and accurate disclosure of the grades of the existing terrain adjacent to the subdivision, large trees and natural watercourses. Existing buildings, together with fences and walls, shall be shown.

(11)

Center-line profile of all proposed streets and ways.

§ 231-12 Definitive plan.

General. Any person submitting a definitive plan of a subdivision for approval by the Planning Board shall, either at a regularly scheduled meeting of the Board or by registered mail, file the following and shall comply with the requirements listed below. The Planning Board may require that all submission items, including plans, be submitted in electronic format compatible with the Town's current hardware and software:

Any person wishing to submit a definitive plan of land to the Planning Board shall submit to the Planning Board a copy of Form B.[1] Every applicant, after submitting a definitive plan to the Planning Board for approval, shall send to the Town Clerk a written notice, which may be Form B, by registered mail, postage prepaid, or by delivery, stating that he has submitted such plan, describing the land to which the plan relates sufficiently for identification and stating the date in the notice when the final plan was filed with the Planning Board, along with the name and address of the owner of such land. The Town Clerk shall, if requested, give written receipt thereof

[1]

Editor's Note: Form B is included at the end of this chapter.

Form B (see appendix) shall be signed and submitted by the owner or owners of all of the land within the proposed plan to the Planning Board at a regularly scheduled meeting.

(3)

The application shall also state all easements and restrictions to which the land within the plan is subject and all easements and restrictions appurtenant to such land or over the land of others. The application shall be accompanied by a plan on tracing cloth or Mylar with black permanent ink, together with eight black-and-white prints of the plan prepared by a land surveyor and engineer registered in the Commonwealth of Massachusetts.

(4)

A filing fee as determined by the most recent fee schedule. (See Appendix.)

(5)

An environmental and community impact analysis (if required).

(6)

All drafts of proposed easements for utility, drainage and right-of-way purposes.

(7)

A list of names and addresses of all abutters within 100 feet, certified by the Town Assessor that they appear as such on the most recent tax list.

(8)

Drainage calculations certified by the engineer who prepared them; groundwater levels and percolation rates within the proposed detention or retention basins.

(9)

A list of all requested waivers from these regulations.

The definitive plan shall not be deemed to have been submitted to the Board until the above-referenced items, together with the definitive plan and prints, have been delivered to the Board at a regular or special meeting thereof, and all are fully completed in accordance with these rules and regulations.

Public hearing. Upon determination by the Board that the application for approval of the definitive plan is complete, the Board shall set a date for the public hearing and so notify the applicant. Notice of the hearing shall be arranged by the Board, at the applicant's expense, by advertisement in a newspaper of general circulation in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing. Notice of the hearing shall be given to all owners of real estate abutting upon the land included in such plan or lying within 100 feet of any tract of land of the applicant, any part of which is included in the proposed plan, all as appearing on the most recent tax list, also to all mortgagees of record, if any, of the land within the proposed plan. The Planning Board shall arrange for the publication and transmission of the notices of the hearing. Actual costs will be billed to the applicant. Final endorsements will not be made until all hearing fees have been paid.

Preparation of definitive plan. (Figures 1 through 8 are attached as part of these regulations.[2])

Surveying and drafting requirements.

The final or definitive plan shall be prepared by a professional civil engineer registered in Massachusetts from a field survey made by a competent land surveyor also registered in Massachusetts. This plan shall be clearly and legibly drawn on tracing cloth or Mylar. The size of the sheets shall be 24 inches by 36 inches in overall dimension with a one-and-one-half-inch margin on the left-hand side and one-half-inch margins on the other three sides. Both the registered engineer and land surveyor shall affix their stamps adjacent to the title block.

The plan shall be drawn on tracing cloth or Mylar in black India ink, except that the names of the streets and the proposed system of utilities may be drawn in pencil until the plan has been reviewed and instructions are given to ink all details prior to approval. After approval is given, the applicant is required to furnish to the Planning Board a duplicate of the plan on a reproduction master on transparentized waterproof cloth or on a polyester film material.

Drafting layout and form shall conform to the plans entitled "Figures 1 through 8.[3]"

[3]

Editor's Note: Figures 1 through 8 are included at the end of this chapter.

(d)

The horizontal scale shall be 40 feet to an inch, unless the Planning Board approves a more convenient scale. The vertical scale shall be four feet to the inch.

(e)

All surveying shall conform to the Technical Standards for Property Surveys of the American Congress on Surveying and Mapping. The land surveyor shall affix his stamp to the definitive plan with a statement that the survey conforms to these requirements.

(f)

All elevations shall be referred to mean sea level. Bench marks used in survey work shall be clearly located on the plan.

Contents of plan. The final or definitive plan shall contain the following:

Title block. A title in the lower right-hand corner, stating the name of the plan, if any, the scale, the name of the applicant, the registered land surveyor and the registered engineer who prepared the plan and shall conform to Figures 1 through 8.[4]

[4]

Editor's Note: Figures 1 through 8 are included at the end of this chapter.

The names, widths and exterior lines of proposed public ways, and the boundaries of other public areas with the plan.

The lines, boundaries, areas, lot numbers, and street numbers of all lots, sites or divisions under which the plan is to be divided. Street numbers shall be in accordance with the requirements of the Office of the Board of Assessors.

(d)

Data to determine readily the location, bearing and length of every street line, lot line and other boundary line shown on the plan, whether straight or curved, sufficient to reproduce the same on the ground. Bounds are to be set at every angle point and point of curvature of the proposed street lines and indicated on the plan. These are to be tied into existing bounds and street lines and shown on the plan.

(e)

Profiles of proposed streets shall show the rates of grade and the center-line elevations at fifty-foot intervals. The profile shall show sufficient data to properly identify the vertical curves used. Proposed gutter line grades shall be shown at twenty-five-foot intervals around the curves at intersections and continuing 100 feet therefrom. In addition, the existing ground profile at the proposed center line must be shown.

(f)

Existing topography, with two-foot contour intervals and details showing all fences, walls, building waterways and other natural drainagecourses, large boulders or out-cropping of ledge, trees and buildings within the subdivision or other natural objects of like importance and all of the features abutting each entrance to the subdivision. Topography plans may be submitted as a separate plan and may be drawn in pencil on tracing paper, but must conform in size and scale to the definitive plan, and a reproduction master as outlined under Subsection D(1), Surveying and drafting requirements, shall be furnished to the Planning Board.

(g)

Proposed topography within the subdivision as required by the Planning Board.

(h)

Size and location of existing and proposed water mains and their appurtenances, if applicable.

(i)

Size and location of existing and proposed sewers and their appurtenances; also, a profile showing rates of grade, if applicable.

(j)

Size and location of existing and proposed subsurface or water drains and their appurtenances; also, a profile showing rates of grade.

(k)

Size and location of existing and proposed electric, telephone and cable facilities.

(l)

The location and area of wetlands and the one-hundred-foot buffer zone.

(m)

The zoning classification of the property, including the delineation of all overlay districts, and the base flood elevations for all lots or parcels within the floodplain.

(n)

There shall be a table prepared and displayed in a convenient place on the plan showing the following:

[1]

Zoning district(s) in which the land is located.

[2]

The total area of the entire subdivision.

[3]

The number of building lots within the subdivision and the total area of all such lots.

[4]

The total area of all ways within the subdivision.

[5]

The total number of linear feet, measured along the center line, of all roadways and culs-de-sac proposed on the plan.

[6]

The total area of wetlands within the subdivision.

[7]

The total area of open space within the subdivision (all land not included in ways or building lots).

[8]

The total number of bounds to be set.

[2]

Editor's Note: Figures 1 through 8 are included at the end of this chapter.

Approval.

The Planning Board, after the hearing, shall vote to approve, modify and approve or disapprove the plan within the time prescribed by law, or such greater time as has been agreed upon, and shall file forthwith a certificate of the vote with the Town Clerk and mail a copy forthwith to the applicant. If the definitive plan is prepared using a computer aided drafting program, an electronic copy of the final definitive plan (on a medium and in a format as directed by the Town Planner) shall be filed with the Planning Board at the time of endorsement.

The approval of the definitive plan or the completion of streets within any subdivision does not make the streets and ways set out on the plan "accepted streets."

Performance guaranty.

Required for approval. Before endorsement of its approval of a plan, the Planning Board shall require that the construction of ways and the installation of municipal services be secured by one, or in part by one and in part by another, of the methods described in the following Subsection F(1)(a), (b),(c) or (d), which method or combination of methods may be selected and from time to time varied by the applicant:

By a proper bond, sufficient in the opinion of the Planning Board to secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

By a deposit of money or negotiable securities sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal service required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

By a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgaged deed; provided, however, that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant, but not later than three years from the date of such deed.

(d)

By delivery to the Planning Board of an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient, in the opinion of the Planning Board and otherwise due the applicant, to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work and shall further provide that, in the event that the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be available for completion.

Release of performance guaranty.

When the applicant has completed the required improvements specified in these regulations, the applicant shall send, by registered mail, to the Town Clerk and the Planning Board, a written statement that the required improvements have been completed, such statement to contain the address of the applicant. Such statement shall be accompanied by two copies of a certificate by a designer, engineer, or land surveyor, as the case is appropriate, that the work has been completed to the extent described in the certificate and conforms in all details with the approved subdivision plan and these rules and regulations; or, if it does not so conform, such nonconformity shall be accurately described in the certificate. No bond, deposit, or covenant, or any portion or part thereof, shall be released by the Planning Board until it has been established that the work required has been completed in accordance with the approved plans and has been inspected and found satisfactory according to the standards of the Planning Board.

When the foregoing requirements have been satisfied, the Board will release all or part of the interest of the Town in such bond and return the bond or the deposit or execute and deliver to the applicant a release, which shall be in form for recording in the Registry of Deeds. Thereafter the conditions relating to such lots and so released shall terminate. Fifteen percent of the total cost of the road improvements, as determined by the Planning Board's engineer, shall be retained to guarantee the integrity of the road after being completed for one full year. If the Board determines that the required improvements have not been satisfactorily completed, it shall specify in a notice sent by registered mail to the applicant and the Town Clerk, the details wherein improvements fail to comply; but, upon failure by the Board to so notify the applicant within 45 days after receipt by the Town Clerk of the written statement from the applicant, obligations under the bond shall cease, any deposit shall be returned, and any such covenant shall become void, to the extent that it or they apply to the portion of the subdivision or lots for which a release was requested.

The applicant shall retain title to the fee of each street, path or easement in, or appurtenant to, the subdivision until conveyed to the Town. Prior to final release of security, the applicant shall submit all necessary documentation for street acceptance, including a metes and bounds description of the road and all easements, an as-built plan, and a draft of the proposed deed and any easements.

Expenditure of bonds. If deemed necessary by the Planning Board, the proceeds of any such bond or deposit shall be made available to the Town for expenditure to meet the cost and expenses of the municipality in completing the work as specified in the approved plan. If such proceeds do not exceed $100,000, the expenditure may be made without specific appropriation under MGL, c. 44, § 53; provided that such expenditure is approved by the Select Board.

[Amended 11-16-2021 STM by Art. 4]

As-built plans. An as-built plan and profile together with three copies thereof, shall be submitted to the Planning Board after completion of construction, or at such times or stages as required by the Planning Board. Such plan shall show drainage lines and structures, water mains, if any, underground gas, electric, telephone, and cable lines, and other appurtenances as actually installed with sufficient ties for proper identification. Street numbers shall be shown near the lots numbers, and circled. On the as-built plan the following must also be shown:

A diagram in ink shall show in plan view the complete drainage system, and municipal water and sewerage system, if any, as constructed in the subdivision. This plan shall show the stationing of all structures, such as manholes, catch basins, wye's etc. The invert elevations of all pipes at their outlets, as well as the pipe sizes and the type of pipe are to be given.