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).
(3) 
Other submittals to the Planning Board.
(a) 
A filing fee as specified in the Table of Fees, available from the Town Manager.
(b) 
A consultant fee, if determined necessary by the Board, in accordance with § 170-2.8.
(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.
(c) 
The plan has been approved subject to the terms and conditions of a special permit issued in accordance with § 70-7.1J of Chapter 70, Zoning.
(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.
(k) 
An environmental analysis, if required [Subsection A(4) of this section].
(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).
(4) 
Existing and proposed watercourses, ponds and wetlands, and the one-hundred-foot buffer zone around resources subject to the Wetlands Protection Act.[4]
[4]
Editor's Note: See MGL. C. 131, § 40.
(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.
(7) 
Measures to be taken to assure compliance by future building permit applicants with Article V, Development Standards, of Chapter 70, Zoning.
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.
(3) 
Release of guaranty. Full or partial release of security shall be made only as provided in § 170-5.2.
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.
(c) 
Conformity with the requirements of Article IV, Design and Construction Requirements.
(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.
(e) 
Adequacy of access as provided at § 170-2.3.
(f) 
Conformity with the recommendations of the Board of Health.
(g) 
Conformity with all applicable zoning requirements, including Article V, Development Standards, of Chapter 70, Zoning.
(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.