A.
Project types. There are four subdivision types, each
with its own set of procedures:
(1)
Minor lane residential development entails simplified
procedures for certain subdivisions of not more than three lots.
(2)
Major residential development requirements of Chapter 70, Zoning, apply to all residential subdivisions of more than eight lots; a special permit is required.
(3)
Nonresidential subdivision differs procedurally
from residential subdivision in that Massachusetts law requires nonresidential
subdivisions to go through a preliminary plan, while for residential
developments that is optional.
(4)
A standard project would be one of not more
than eight lots in a residential district, not seeking the minor lane
residential development procedural exemptions.
B.
Applicant team. All parties benefit if the subdivision
is considered in all its elements from the start. Applicants are encouraged
to involve from the beginning not only the land surveyor and engineer
legally required for subdivision filing, but also related development
professionals, such as wetland scientists, architects and landscape
architects, who will eventually be retained to help in meeting the
design guidelines of this chapter, to assure integration of land planning,
site planning and building design.
C.
Relationship to zoning; major residential developments.
(1)
Major residential developments as defined by Chapter 70, Zoning, (more than eight lots) will require a special permit. The special permit and the subdivision plan approval under this chapter are both acted upon by the Planning Board. While there is no mandated sequencing between the special permit and subdivision actions, in the usual case the following will be appropriate.
(a)
Presubmission review, to discuss informally
the entire approach.
(b)
Preliminary subdivision plan submittal and special
permit application simultaneously. Information requirements for both
are at a comparable level of specificity, and each provides information
for the other.
(c)
Special permit and preliminary plan decisions,
each of which may include conditions which impact how the definitive
plan is to be shaped.
(d)
Definitive plan submittal.
(e)
Definitive plan decision, which also may impose
conditions.
(2)
Decision deadline extensions and conditional
approvals will be used to reconcile any relational difficulties imposed
by statutory timing rules.
D.
Relationship to zoning; minor lane residential development. minor lane residential developments must obtain a special permit from the Planning Board prior to definitive plan approval of the minor lane by the Planning Board. The suggested sequence of special permit and definitive plan actions are the same as that for major residential developments, listed in Subsection C above.
Before investing in extensive professional design
efforts for subdivision plans and their formal submittal, it will
often prove useful to review informally the proposed development of
a parcel of land with the Planning Board, in order that general approaches,
choice of subdivision type, possible use of minor lane residential
development procedures and potential problems can be freely explored.
Simple sketches, which need not be professionally prepared, will assist
the discussion and might show some but not all of the information
shown on a preliminary plan. In some cases this presubmission review
may eliminate the need for a preliminary plan.
A.
When preliminary plan is required. A preliminary plan
of a subdivision must be submitted for any proposed nonresidential
subdivision, and may be submitted for any proposed residential subdivision.
B.
Submittals. Any person who seeks approval of a preliminary
plan of a subdivision shall make submittals as follows:
(1)
Application form submittals. Submit one copy
of the application (Form B)[1] each to the Planning Board (through the Town Clerk), the
Town Clerk (by delivery or certified mail) and the Board of Health.
[1]
Editor's Note: Form B is included at the end of this chapter.
(2)
Plan submittals. Submit nine copies of the preliminary
plan to the Planning Board through the Planning Administrator, who
shall distribute copies to the Board and to the Board of Health, Conservation
Commission, Inspector of Buildings, Fire Department, Police Department
and Department of Public Works (DPW).
(4)
Supplementary submittals. In addition to those
items required to be submitted, it is requested that the following
be furnished to the Planning Board:
(a)
A narrative statement of project approach, including
selection of the subdivision type (Appendix A)[2] or types to be followed.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(b)
A locus plan of the subdivision, showing its
street configuration in relation to the surrounding area and to zoning
district boundaries, at a scale of one inch equals 1,000 feet.
(c)
Preliminary findings of the environmental analysis,
if one is expected to be required at the definitive plan stage.
(d)
A list of waivers requested.
C.
Plan contents. The preliminary plan shall be clearly
drawn at a suitable scale, preferably one inch equals 40 feet but
not smaller than one inch equals 60 feet, on sheets not smaller than
81/2 x 11 inches or larger than 24 x 36 inches. The preliminary plan
shall show sufficient information about the subdivision to form a
clear basis for its review and for the preparation of the definitive
plan, and shall show:
(1)
The subdivision name, boundaries, North point, date, scale, legend, designation of subdivision type (see § 170-4.1) and title "Preliminary Plan."
(2)
The names of the record owner and the applicant
and the name of the designer, engineer or surveyor.
(3)
The names of all abutters from the most recent
tax list.
(4)
The existing and proposed lines of streets,
ways, easements and any public or common areas within the subdivision
in a general manner.
(5)
The proposed system of drainage, including adjacent
existing natural waterways, in a general manner.
(6)
The approximate boundary lines of proposed lots,
with approximate areas and dimensions.
(7)
The names, approximate location and widths of
adjacent streets.
(8)
The topography of the land in a general manner.
D.
On-site review. In order to facilitate field inspection
and review of the site of the proposed subdivision, it is desirable
that there be temporary staking along the approximate center line
of all proposed roads in the subdivision, or if that is impractical,
some alternative method of guiding on-site review.
E.
Planning Board Action. Within 45 days after submission
of a preliminary plan, the Board shall notify the applicant and the
Town Clerk either that the plan has been approved, or that the plan
has been approved with modifications suggested by the Board or agreed
upon by the person submitting the plan, or that the plan has been
disapproved, and in the case of disapproval, the Board shall state
in detail its reasons therefor. Approval of the preliminary plan does
not constitute approval of the subdivision.
A.
Applicability. Applicants may request that their proposals be reviewed under the minor lane residential development requirements, which are less stringent than those for a standard project. To qualify, a special permit must be obtained from the Planning Board, in accordance with § 70-7.1J of Chapter 70, Zoning, and the subdivision must comply with the requirements of Subsection B of this section, as well as with all design and construction standards contained in § 170-4.2 which are applicable to minor lanes.
B.
Limiting agreements.
(1)
Any plan approved under minor lane residential
development procedures must contain statements indicating that:
(a)
The way shown on the plan is intended to be
a private way which is to be owned and maintained by the owners of
the lots shown on the plan.
(b)
In the event the town should be requested to
either accept or maintain the way in the future, the owners of the
lots may be subject to betterment assessments for street repairs and/or
improvements.
(d)
No land shown on the plan may be further subdivided
until the way is improved to meet the applicable public roadway construction
standards of the Williamstown Subdivision Rules and Regulations then
in effect.
(2)
In addition, the date of the special permit issued under § 70-7.1J of Chapter 70, Zoning, and the book and page number where the special permit has been recorded shall be referenced on the plan, as well as deed references to any covenants, deed restrictions and/or agreements previously recorded or to be recorded with the definitive plan, relative to the ownership and maintenance of the private way.
C.
Minor lane residential development submittals. Submittals made for definitive plan approval under minor lane residential development procedures may omit as much of the material required under § 170-3.5 as the Planning Board may authorize in any specific case. However, the definitive plan must be in a form acceptable to the Registry of Deeds, or Land Court, and that plan or separate submitted documents must show the proposed center line profile of the proposed minor lane and the location of any wetlands. Proposed drainage, utilities and road design and construction must be made explicit.
A.
Submittals. Any person seeking approval of a definitive plan of a subdivision, except as authorized by the Planning Board under § 170-3.4C for minor lane residential development, shall submit materials as follows.
(1)
Basic submittals. Submit eight copies of the following to the Town Clerk as provided at § 170-2.2B(1). Copies will be distributed to the Planning Administrator, Conservation Commission, Inspector of Buildings, Fire Department, Police Department and DPW:
(a)
A narrative statement of project approach, including
selection of the subdivision type (Appendix A) or types to be followed,
and the means by which the guidelines of Appendix A[1] or types to be followed are to be implemented or, where
they are not, justification for why not.
[1]
Editor's Note: Appendix is included at the end of this chapter.
(b)
The definitive plan, as described at Subsection B of this section. The original definitive plan drawing should be provided only if and when actual signing of the plan takes place.
(c)
Street plans and profiles of every proposed
street, as described at Subsection B(3) of this section.
(d)
A locus plan of the subdivision, showing all the information required for such plans at § 70-8.2B(1) of Chapter 70, Zoning.
(e)
At the same scale as the definitive plan, for a nonresidential subdivision, a development plan, showing all information required for a site plan under § 70-8.2B(2) of Chapter 70, Zoning.
(f)
Drainage plans, calculations and computer printouts
(if any), documenting the adequacy of all proposals, to include water
table data to evaluate the necessity of underdrains and to determine
detention basin bed elevations; soils data to substantiate curve number
determinations for SCS Method calculations; inflow/outflow hydrographs
for pre- and post-development conditions at all critical locations,
including detention basins; pipe size calculations; and description
of on- and off-site effects of a one-hundred-year storm.
(g)
Where connection to the public water system
is not proposed, information indicating why such connection is not
feasible, description of provisions to be made for water for fire
fighting, and information adequate to allow determination of compliance
with requirements regarding potable water quality and quantity.
(h)
A list of other permits that will be required,
e.g. Conservation Commission order of conditions.
(i)
Any required estimates for utilities.
(j)
An erosion control plan, indicating the erosion
control measures to be employed, including description of locations
of temporary stockpiles, spoil areas, temporary drainage systems,
slope stabilization techniques and sediment basins, and narrative
description of how erosion is proposed to be controlled.
(l)
Construction details and specifications and
typical road cross section.
(m)
A statement of all waivers of the regulations
which are being sought.
(2)
Additional submittals to the Planning Board.
(a)
If requested, traverse notes, evidence of ownership,
language of any easements, covenants or deed restrictions applying
or proposed to apply to the area being subdivided, and rights and
easements obtained for utilities or drainage outside of the subdivision.
(b)
Two (2) copies of properly executed application
Form C.[2] or types to be followed.
[2]
Editor's Note: Form C is included at the end of this chapter.
(c)
A filing fee as specified in the Table of Fees
available from the Town Manager.
(d)
A consultant fee, if determined necessary by the Board, to be utilized as provided at § 170-2.8.
(e)
A list of names and mailing addresses for all
abutters as they appear on the most recent local tax list, including
property owners on the opposite side of any streets abutting the subdivision.
(f)
A description of the property and the proposal,
suitable for advertising.
(g)
Certification by an attorney that submittal
of the plan by the applicant has been agreed to by owners of all of
the land included in the plan.
(3)
Town Clerk submittals. Submit to the Town Clerk
by delivery or registered or certified mail a copy of the completed
application Form C.[3] or types to be followed.
[3]
Editor's Note: Form C is included at the end of this chapter.
(4)
Board of Health submittals. File the following
with the Board of Health one copy of a properly executed Form C or
types to be followed.
B.
Definitive plan contents.
(1)
The definitive plan shall be prepared by a registered
professional engineer (civil) and a land surveyor licensed to practice
in Massachusetts, and shall be clearly and legibly drawn in media
acceptable to the Registry of Deeds. The plan shall be at a scale
of one inch equals 40 feet, or such other scale as the Board may authorize
prior to submittal to show details clearly and adequately. Sheet sizes
shall be not larger than 24 x 36 inches. If multiple sheets are used,
they shall if feasible show each lot in its entirety on one sheet,
and shall be accompanied by an index sheet showing the entire subdivision
at a scale of one inch equals 200 feet.
(2)
The definitive plan shall contain the following
information:
(a)
The subdivision name, boundaries, North point,
legend, date, scale and indication of zoning districts.
(b)
The name and address of record owner, applicant,
registered engineer and registered surveyor, their stamps, and the
names (and stamps, if appropriate) of any other professionals engaged
in the design.
(c)
The names of all abutters as they appear in
the most recent certified tax list, including property owners on the
opposite side of any streets abutting the subdivision.
(d)
Existing and proposed lines of streets, ways,
lots, easements and public or common areas within the subdivision.
(The proposed names of proposed streets shall be shown in pencil until
they have been approved by the Planning Board.)
(e)
Sufficient data to determine the location, direction
and length of every street and way line, lot line, easement and boundary
line and to establish those lines on the ground.
(f)
The location of all permanent monuments, properly
identified as to whether existing or proposed.
(g)
Lot numbers enclosed in a circle.
(h)
The location, names and present layout and traveled
way widths of streets bounding, approaching or within reasonable proximity
to the subdivision, and designation whether public or private.
(i)
Indication of all easements, covenants or restrictions
applying to the land, and any variances or special permits germane
to the development.
(j)
On each sheet of the definitive plan, suitable
space to record the action of the Board and the signatures of the
members of the Board, and the Town Clerk's certification.
(k)
Certification by the preparers of the plan that
the plan and supporting materials were prepared under their direction,
and have been designed in compliance with all applicable zoning and
subdivision regulations.
C.
Street plans and profiles. For each street there shall
be a separate plan at one inch equals 40 feet, and a profile at one
inch equals 40 feet horizontal and one inch equals four feet vertical,
showing the following data:
(1)
Exterior lines of the way, with sufficient data
to determine their location, direction and length.
(2)
Existing center-line profile to be shown as
a fine, continuous line. Existing center-line profile for intersecting
streets to be shown for at least 100 feet each side of the intersection
of street center lines. Existing right side line shall be shown as
a light dashed line, left side line as dots. Elevations shall be based
on United States Geological Survey or other approved datum, to be
referenced on the plans.
(3)
Proposed center-line profile to be heavy, continuous
line, with elevations shown every 50 feet (25 feet on vertical curves).
(5)
Road center-line stationing.
(6)
All sewer and drainage facilities to be shown
on the profiles, indicating proposed pipe sizes, slopes and rim and
invert elevations; and to be shown on the street plans, indicating
pipe sizes.
(7)
Plan location and size of existing and proposed
water mains, hydrants and main gate valves.
(8)
Location of proposed streetlights.
(9)
Location of existing and proposed street paving,
sidewalks and curbs.
(10)
Location of street signs.
D.
Environmental analysis. An environmental analysis as outlined below shall be submitted for any subdivision creating frontage potentially allowing a major residential development, as defined by Chapter 70, Zoning, and for any nonresidential subdivision, and in other cases where the Board determines it appropriate in light of special circumstances. The analyses shall contain as much of the following information as is determined by the Planning Board to be necessary for plan evaluation:
(1)
Impact upon ground- and surface water quality and level, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer and other activities within the development. For subdivisions located in whole or in part within Water Resource Districts established in Chapter 70, Zoning, this shall include analysis of open and closed drainage system alternatives, examining effects upon the basin water budget and upon future contaminant levels.
(2)
Material effects upon important wildlife habitats,
outstanding botanical features and scenic or historic environs, as
shown on appropriate maps.
(3)
Capability of soils, vegetative cover and proposed
erosion control efforts to support proposed development without danger
of erosion, silting or other instability.
(4)
Measures to be taken to assure compliance with
the requirements of MGL C. 131, §§ 40 and 40A (the
Wetlands Protection Act).
(5)
Impact upon the existing water supply system
and well capacity of the town.
(6)
Ability of streets providing access to the subdivision
to safely provide such access, including measurement of sight distances
at each intersection with proposed streets, impact of development
traffic on the traffic level of service, gap acceptance analysis and
analysis of hazards owing to limited sight distances, alignment or
other characteristics of access roads.
E.
Performance guaranty.
(1)
Form of guaranty. Before the Planning Board
endorses its approval of a definitive plan, the developer shall agree
to complete without cost to the town all improvements required by
this regulation, and shall provide security that he or she will do
so, either by covenanting not to sell or build upon any lots until
completion of the improvements (which covenant must be referred to
on the plan and registered or recorded with it), or by posting bond
or other security which the town can utilize in the event that the
improvements are not completed within two years or such shorter time
as may be agreed, or by some combination of these. Such security shall
provide, among other things, that no structure shall be occupied until
streets or ways serving such structures have been surfaced with at
least the binder course, and also that all utilities serving it have
been satisfactorily installed.
(2)
Security amount. If completion is secured by
bond or deposit, the amount shall be determined by the Board to cover
the following (See Form H.)[5]:
(a)
The cost to the town should it be obliged to
install the required improvements;
(b)
Maintenance for one year;
(c)
Inflation over the time allowed for completion
of work; and
(d)
Ten-percent contingency.
[5]
Editor's Note: Form H is included at the end of this chapter.
F.
Review by Board of Health. Within 45 days of the definitive
plan being filed with them, the Board of Health shall report to the
Planning Board in writing its approval or disapproval of the plan.
In the event of disapproval, the Board of Health shall make specific
findings as to which, if any, areas shown on such plan cannot be used
for building sites without injury to the public health, and shall
include specific findings and the reasons therefor in such report
and, where possible, shall make recommendations for the adjustment
thereof. The Health Board or officer shall send a copy of such report,
if any, to the person who submitted the plan. Any approval of the
plan by the Planning Board shall then only be given on condition that
no building or structure shall be built or placed upon the areas so
designated without written consent of the Board of Health. The Planning
Board shall endorse on the plan such condition, specifying the lots
or land to which said condition applies.
G.
Public hearing. Before approval of the definitive
plan is given, a public hearing shall be held by the Planning Board.
Notice of such hearing shall be given by the Board by advertisement
in a newspaper of general circulation in the town, once in each of
two successive weeks, the first publication being not less than 14
days before the day of such hearing. A copy of said notice shall be
mailed to the applicant, and via certified mail to all owners of land
abutting upon the subdivision, including property owners on the opposite
side of any streets abutting the subdivision, all as appearing in
the most recent tax list.
H.
Decision.
(1)
Decision criteria. After the public hearing,
the Board in due course will approve, modify and approve, or disapprove
the definitive subdivision plan submitted. Criteria for action by
the Board shall be the following:
(a)
Completeness and technical adequacy of all submissions.
(b)
Determination that development at this location
does not entail unwarranted hazard to safety, health and convenience
of future residents of the development or of others because of possible
natural disasters, traffic hazard or other environmental degradation.
(d)
Determination, based upon the environmental
analysis (where submitted), that the subdivision as designed will
not cause substantial and irreversible damage to the environment,
which damage could be avoided or ameliorated through an alternative
development plan.
(f)
Conformity with the recommendations of the Board
of Health.
(h)
Determination that any applicable development
guidelines of the appendices have been reflected in the design.
(i)
Determination that traffic impacts meet the
standards of Appendix D, Traffic Impact Guidelines.
(j)
Consistency with the purposes of the Subdivision
Control Law.
(2)
Deadlines for action. A certificate of the Board's
action, or notice of an agreed extension of the time for such action,
must be provided by the Planning Board to the Town Clerk within 90
days following the date of submission of the plan if the plan follows
action on (or failure to timefully act on) a preliminary plan. Where
no preliminary plan was submitted, a certificate must be provided
within 135 days following the date of submission. Either deadline
can be extended if an extension is requested in writing by the applicant
and accepted by the Board.
(3)
Certificate of action.
(a)
The action of the Board in respect to such plan
shall be by vote, a certificate of which shall be filed by the Board
with the Town Clerk, and a copy sent by registered mail to the applicant.
If the Board modifies or disapproves such plan, it shall state in
its vote the reasons for its action. Final approval, if granted, shall
be endorsed on the original drawing of the definitive plan by the
signatures of a majority of the Board, but not until the statutory
twenty-day appeal period has elapsed following the filing of the certificate
of the action of the Board with the Town Clerk, and said Clerk has
notified the Board that no appeal has been filed.
(b)
After the definitive plan has been approved
and endorsed, the applicant shall furnish the Board with six prints
thereof, together with a copy of final covenants, conditions and restrictions,
noting book, page number and date of recording for both the plan and
the covenants, conditions and restrictions, and shall furnish three
copies of detailed construction plans.
(c)
Final approval of the definitive plan does not
constitute the laying out or acceptance by the town of streets within
a subdivision.
I.
Rescission. Failure of the developer to record the
definitive plan within six months of its endorsement, or to comply
with the construction schedule, if any, incorporated into the performance
agreement, or to initiate construction of improvements or to sell
lots in a subdivision or portion thereof within eight years of the
approval of the definitive plan, shall constitute sufficient reason
for the Planning Board to consider rescission of such approval, in
accordance with the requirements of MGL C. 41, § 81-W.
