Only those plans which constitute "subdivision,"
as that term is defined in the statute (M.G.L.A. Ch. 41, § 81L),
require the approval of the Planning Board. However, all plans, whether
subdivisions within the meaning of the law or not, must have either
approval as a subdivision or endorsement that they do not require
approval before they will be accepted for recording at the Registry
of Deeds or registration at the Land Court.
See M.G.L.A. Ch. 41, § 81P.
A.
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 who believes that his plan does not require approval under the
Subdivision Control Law may submit his original plan and Application
Form A[1], one (1) transparent submission and reproduction and twelve
(12) contact prints clarifications (dark line on white background)
to the Planning Office for endorsement by the Planning Board at a
subsequent meeting of the Planning Board, all drawn at a large scale
of one (1) inch equals forty (40) feet or suitable equivalent by permission
of the Planning Board office; and one (1) plan drawn at a large scale
of one (1) inch equals two hundred (200) feet for the Assessors office;
one plan drawn at a scale of one (1) inch equals one thousand (1,000)
feet and oriented in the same relationship as the comprehensive plan;
one (1) identical full size version of this plan in a digital DXF
format (preferably AutoCad Release 12 or any subsequent release which
is adopted by the Town) on a three-and-one-half-inch diskette(s) or
CD, and a predetermined fee accompanied by 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 for such determination, accompanied
by a copy of said application. A plan submitted under this section
shall not be deemed filed with the Planning Board until it meets the
requirements of this section.
[1]
Editor's Note: Form A is on file in the Planning
Office and may be examined there during regular business hours.
B.
Contents. Said plan shall contain the following information:
(1)
Record owner with deed reference by Book and Page
and/or Land Court certificate.
(2)
Zoning classification.
(3)
Title of plan.
(4)
North arrow.
(5)
Date of survey.
(6)
Scale.
(7)
Surveyor's signature and stamp.
(8)
All existing property lines, structures, bounds, brooks,
fences, walls and such which sufficiently identify the land to which
the plan relates.
(9)
Names of abuttors.
(10)
Names of all streets adjoining the subject parcel.
(11)
Assessors' Map number and lot numbers.
C.
The subject parcel shall conform to Chapter 282, Zoning, as to area, shape, dimensions and the Rule of 22.
D.
The Board may require additional drawing(s) depicting
grades and unusual natural features where the subject lot has significant
environmental concerns or in the Town's best interest.
E.
The petitioner shall be notified in advance of when
the Planning Board will be reviewing his/her/its ANR for endorsement.
The petitioner or his/her/its agent's failure to attend said meeting
may be sufficient grounds for the Planning Board to refuse to act
on the ANR.
F.
Determination by Board.
(1)
If the Board determines that the plan does not require
approval, it shall forthwith, without a public hearing, endorse on
the plan the words "Planning Board approval under the Subdivision
Control Law not required." Said plan shall be returned to the applicant.
The Board shall notify the Town Clerk of its action.
(2)
If the Board determines that the plan requires approval
under the Subdivision Control Law, it shall so inform the applicant
and return the plan. The Board shall also notify the Town Clerk of
its action.
(3)
If the Board fails either to act upon the plan submitted
under this section or to notify the Town Clerk and the person submitting
the plan of its action within twenty-one (21) days after its submission,
the Board shall be deemed to have determined that approval under the
Subdivision Control Law is not required. The Board must then endorse
the plan, or the Town Clerk may issue a certificate to the same effect.
A.
General. In order to ensure full compliance with this
chapter and planning review under the Subdivision Control Law, the
Board invites a prospective applicant to submit a preliminary plan.
A preliminary plan of a subdivision may be submitted by the applicant
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 and the Board of Health, other municipal agencies and owners
of property abutting the subdivision to discuss and clarify the problems
of such subdivision before costly engineering drawings for a definitive
plan are prepared.
B.
Application procedure.
(1)
The applicant shall file, by delivery or registered
mail, a notice with the Town Clerk stating the date of submission
for such approval of a preliminary plan to the Planning Board, accompanied
by a copy of the completed application (Form B). A properly executed
Form B[1] shall be filed with the Planning Office, along with twelve
(12) copies of the preliminary plan, and the required filing fees,
and an identical full size version of this plan in a digital DXF format
(preferably AutoCad Release 12 or any subsequent release which is
adopted by the Town on a three-and-one-half-inch diskette(s) or CD,
if required by the Planning Board. The Board shall distribute copies
to the Board of Health, Select Board, Inspector of Buildings, Conservation
Commission, Fire Department, Director of the Department of Public
Works, Department of Public Works - Water and Sewer, Planning Office
file, Planning Board Consultant and the Police Department for their
comments and suggestions.
[Amended 10-18-2000 ATM, Art. 14; 11-20-2019 STM, Art. 13]
[1]
Editor's Note: Form B is on file in the Planning
Office and may be examined there during regular business hours.
C.
Contents. The preliminary plan shall be drawn on tracing
cloth or stable base material at a scale of forty (40) feet to one
(1) inch or other scale approved by the Planning Board and shall be
identified as a preliminary plan. A preliminary plan shall contain
the following:
(1)
The subdivision name, boundaries, North point, date,
scale, legend and title "Preliminary Plan"; submission pages shall
be numbered consecutively; all sheets shall be dated with the date
of the latest revision; pages shall be labeled with map, block and
lot numbers of the subject property. Total acreage of the site shall
be depicted on the cover sheet.
(2)
The names of the record owner and the applicant and
the name of the designer, engineer or surveyor.
(3)
The names of all abuttors and secondary abuttors as
determined from the most recent local tax list.
(4)
The existing and proposed lines of streets, ways,
easements and any public areas within the subdivision in a general
manner.
(5)
The proposed system of drainage, including adjacent
existing waterways, in a general manner.
(6)
The approximate boundary lines of proposed lots, with
approximate areas and dimensions.
(7)
The name, approximate location and widths of adjacent
streets.
(8)
The topography of the land in a general manner. Reference
shall be made to the datum to which the elevations apply.
(9)
The locus plan of the subdivision, showing its relation
to the surrounding area, at a scale of one (1) inch equals one thousand
(1,000) feet and oriented in the same relationship as the Town of
Ashland Comprehensive Plan.
(10)
In the case of a subdivision covering less than
all of the land owned by the subdivider in the area of the subdivision,
a plan showing in a general manner the proposed overall development
of all of said land.
(11)
A calculation of each lot showing that it conforms
to the Rule of 22.
(12)
Existing curb cuts, including driveways within
three hundred fifty (350) feet from the center line of the newly proposed
roads within the subdivision and three hundred fifty (350) feet from
the exterior lines of the proposed subdivision to be drawn on the
locus plan.
D.
Public discussion.
(1)
Before approval, modification and approval or disapproval
of a preliminary plan is given, a public discussion shall be held
by the Planning Board. Notice of time and place and the subject matter,
sufficient for identification, shall be given by the Planning Board
by mailing a copy of the notice to the applicant.
(2)
The applicant shall submit a list of abuttors and
secondary abuttors to the Planning Board; the Planning Board shall
provide the final list to the applicant, who shall mail notices to
the abuttors on the list not fewer than seven (7) days before the
scheduled discussion.
(3)
It is the applicant's option whether he/she wishes
to publish the notice. If the applicant wishes to publish the notice,
the Planning Board shall draft the notice and will be the responsibility
of the applicant to have the notice published. The cost of said notice
shall be borne by the applicant.
(4)
During this public discussion and other discussions of the preliminary plan, the complete information required for the definitive plan and the financial arrangements will be developed. (See § 344-8F, Performance guaranty.)
(5)
The petitioner's failure to attend the public discussion
may be sufficient grounds for the Planning Board to deny the preliminary
plan.
E.
Approval or disapproval of preliminary plan. Within
forty-five (45) days after submission of a preliminary plan, the Planning
Board shall approve such plan, with or without modification suggested
by it or agreed upon by the person submitting the plan, or the Board
shall disapprove such preliminary plan and, in the case of disapproval,
shall state its reasons therefor or the Planning Board shall be deemed
to have taken no action on said plan.
F.
Relation of preliminary plan to definitive plan and
zoning provisions. Approval of a preliminary plan does not constitute
approval of a subdivision, and a preliminary plan may not be recorded
in the Registry of Deeds. If a definitive plan is duly submitted within
seven (7) months from the date of submission of the preliminary plan
and if the definitive plan is ultimately approved, the zoning bylaws
in effect at the time of the submission of the preliminary plan shall
govern the land shown for eight (8) years from the date of endorsement
of said approval of the subdivision plan (M.G.L.A. Ch. 40A, § 6).
G.
Relation of preliminary plan to definitive plan and
subdivision rules and regulations. Approval of a preliminary plan
does not constitute approval of a subdivision, and a preliminary plan
may not be recorded in the Registry of Deeds. If a definitive plan
is duly submitted with seven (7) months from the date of submission
of the preliminary plan and if the definitive plan is ultimately approved,
the subdivision rules and regulations in effect at the time of submission
and filing of the definitive plan shall govern the land shown for
seven (7) years from the date of endorsement of said approval of the
subdivision plan, unless the owner has begun construction of the subdivision
within such time frame.
A.
Application procedure.
(1)
Any person who submits a definitive plan of a subdivision
to the Planning Board for approval shall file with the Board the following:
(a)
An original drawing on stable base of the definitive
plan, and fourteen (14) contact prints thereof, dark line on white
background. The required filing fees, and an identical full size version
of this plan in a digital DXF format (preferably AutoCad Release 12
or any subsequent release which is adopted by the Town of Ashland)
on a three-and-one-half-inch diskette(s) or CD. The Board shall distribute
plan copies to the Board of Health, Select Board, Buildings Department,
Conservation Commission, Fire Department, Director of the Department
of Public Works, Department of Public Works - Water and Sewer (3 copies),
Planning Office file, Planning Board consultant and the Police Department
for their comments and suggestions. A definitive subdivision plan
application filed with the Planning Board shall not be considered
a complete submission unless the applicant files the proper number
of copies of the definitive subdivision plan, profile and engineering
drawings, perimeter closures by the entire parcel, street and individual
lots [two (2) copies], hydraulic drainage calculations [three (3)
copies], and requisite filing fees.
[Amended 10-18-2000 ATM, Art. 14; 11-20-2019 STM, Art. 13]
(c)
A predetermined administrative fee to cover
the Town's expenses, including processing the cost submission of advertising
and notices. Said expenses shall be paid by the applicant prior to
the public hearing.
(d)
A predetermined rate per lot applied against
the cost of plan review by consulting engineering services. Said expenses
shall be paid by the applicant prior to the public hearing.
(2)
The applicant shall file, by delivery or registered
mail, a request for determination of applicability of the Wetlands
Protection Act with the Conservation Commission, with a copy to the
Planning Board.
B.
Contents. The definitive plan shall be prepared by
a registered civil engineer and/or registered land surveyor, and all
surveying shall conform to the Technical Standards of Property Survey
of the American Congress on Surveying and Mapping, except that the
surveying of registered land is governed by the requirements of the
Land Court. The plan shall be clearly and legibly drawn in black India
ink upon tracing cloth or on stable base material (i.e., Mylar or
linen) and shall be at a scale of one (1) inch equals forty (40) feet
or such other scale that the Board may accept to show details clearly
and adequately. Sheet sizes shall be twenty-four by thirty-six (24
x 36) inches. If multiple sheets are used, they shall be accompanied
by an index sheet showing the entire subdivision. The definitive plan
shall contain the following information:
(1)
Each sheet shall have a title block to include the
subdivision name, date, revision dates, scale, zoning classification,
sheet number, name and address of the record owner, subdivider and
engineer and/or surveyor, and map, block and lot number from the most
recent Assessors Map. Total acreage of the site shall be depicted
on the cover sheet.
(2)
Two copies of the closed traverse for the whole subdivision;
each individual lot, and each street in the subdivision shall be prepared
and submitted. Lines must be indicated by bearings referred to true
North point if possible. If true North reference line is not available
within a reasonable distance of the subdivision, the meridian used
for bearing shall be described.
(3)
Location and names of all abuttors as they appear
in the most recent tax list.
(4)
Existing and proposed lines of streets, ways, lots, easements and public and common areas within the subdivision. The proposed names of proposed streets shall be shown in pencil until they have been approved by the Board. (See § 344-12H for street name procedures.)
(5)
Sufficient data to determine the location, direction
and length of every street and way line, lot line, boundary line and
to establish these lines on the ground. Lot numbers shall be enclosed
in a one-half-inch diameter circle. Street numbers to be furnished
by the Inspector of Buildings shall be enclosed in a one-half-inch
square.
(6)
Location of all permanent monuments properly identified
as to whether existing or proposed.
(7)
Locations, names and present width of streets bounding,
approaching or within reasonable proximity of the subdivision.
(8)
Suitable space to record the action of the Board and
the Town Clerk's certification, as defined in M.G.L.A. Ch. 41, § 81V.
(9)
Existing topography shown in dashed black and proposed
topography in solid black at a two-foot contour interval or as required
by the Board.
(10)
Graphic representation of all slope grade cuts
and fills along any right-of-way or basins shall be depicted, at twenty-five-foot
intervals, or closer if severe change is proposed, by depicting a
separate cross section view on each plan and labeled with its slope
ratio.
(11)
Separate plan and profiles of every street,
showing the following data:
(a)
Exterior lines of the way, with sufficient data
to determine the location, direction and length.
(b)
Existing center line to be shown as black fine
solid line, right side line as black fine dashed line and left side
line as fine black dots or suitable equivalent which is labeled in
the legend.
(c)
Designed profile on the center line to be shown
as heavy black line, with elevations shown every fifty (50) feet,
except on vertical curves, where the elevations shall be shown every
twenty-five (25) feet.
(d)
Existing watercourses and water bodies to be
indicated by short dashed fine line, wetlands to be indicated by crow's
feet, and proposed and relocated watercourses, water bodies and wetlands
in black fine solid line with descriptions.
(e)
All drainage facilities to be shown on profiles,
showing invert elevations, slopes, capacity, velocity and computations
for drainage shall be submitted.
(f)
Water supply systems, with the location, size
and elevation of all pipes, including gates, valves and hydrants.
(g)
Scales shall be horizontal: one (1) inch equals
forty (40) feet; vertical: one (1) inch equals four (4) feet.
(h)
Elevations shall refer to Unites States Geological
Survey datum.
(i)
All design work shall be done in accordance
with accepted good engineering practice.
(j)
Location of all underground utilities, including
gas, electric, telephone, cable television and streetlighting, the
location of fire alarm systems and their above ground appurtenances
(transformer pads, call boxes, etc.).
(k)
All trees contained in the ways in excess of
fifteen (15) inches in diameter within a distance of ten (10) feet
of the intersection of the proposed ways and an existing public way
and all trees in excess of twenty-four (24) inches in diameter within
the ways or easements shall be located by a point and indexed, said
index to contain a brief description of the tree.
(12)
A locus plan of the subdivision showing the
relationship of the subdivision to the surrounding area at a scale
of one (1) inch equals one thousand (1,000) feet oriented in the same
relationship as said Comprehensive Plan.
(13)
A plan of the subdivision on a separate sheet
at a scale of one (1) inch equals two hundred (200) feet, to be provided
for the Board of Assessors.
(15)
A calculation on each lot showing that it conforms
to the Rule of 22.
(16)
Existing curb cuts within three hundred fifty
(350) feet from the center line of newly proposed roads within the
subdivision and both sides of existing roads at three hundred fifty
(350) feet from the exterior lines of the proposed subdivision shall
be drawn on the locus plan.
C.
Review by other official bodies.
(1)
Board of Health review.
(a)
At the time of filing of the definitive plan,
the applicant shall also file a copy with the Board of Health. The
Board of Health shall, within forty-five (45) days after filing of
the plan, report to the Planning Board, in writing, approving or disapproving
said plan.
(b)
If the Board of Health disapproves the plan,
it shall make specific findings and the reasons therefor in such report
and, where possible, shall make recommendations for the adjustment
thereof. Any approval of the plan by the Planning Board shall then
only be given on condition that the lots or land as to which such
specific findings were made shall not be built upon without prior
consent of the Board of Health. The Board shall endorse on the plan
such conditions, specifying the lots or land to which all conditions
apply (M.G.L.A. Ch. 41, § 81U).
(2)
Conservation Commission.
(a)
At the time of filing of the Definitive Plan,
the applicant shall file a copy with the Conservation Commission and
furnish proof of that to the Planning Board. The Conservation Commission
shall, within forty-five (45) days after the filing of the plan, report
to the Planning Board, in writing, its findings.
(b)
If the Conservation Commission disapproves of
the plan, it shall make specific findings and the reasons therefor
in such report and, where possible, shall make recommendations for
the adjustment thereof.
(3)
Technical Review Committee. The Technical Review Committee
shall be comprised of the following members: Town Planner, Town Manager,
Inspector of Buildings, Superintendent of Water and Sewer, Board of
Health, Fire Department, Police Department, Public Works Director,
Conservation Commission and Select Board.
[Amended 10-18-2000 ATM, Art. 14; 11-20-2019 STM, Art. 13]
(a)
At the filing time of the definitive plan, the
applicant shall also file a copy with the Technical Review Committee.
The Technical Review Committee shall, within forty-five (45) days
after the filing of the plan, report to the Planning Board, in writing,
its comments.
(b)
If the Technical Review Committee recommends
against this plan, it shall make specific findings and the reasons
therefor in such report and, where possible, shall make recommendations
for the adjustment thereof.
D.
Traffic impact.
(1)
The Ashland Planning Board may approve or approve
with conditions or disapprove a subdivision based on its review of
the projected traffic impacts and the proposed methods of mitigating
such impacts.
(2)
During the review process of a subdivision plan, the
Planning Board shall make a written finding with supporting reasons
therefor that the traffic-carrying capacity of the intersections and
streets likely to be directly affected by the proposed development
will be adequate, according to accepted Institute of Transportation
Engineers criteria for level of service, to handle the existing and
projected traffic. Such finding shall pertain to the entire proposed
development, including any off-site improvement proposed by the applicant
or required by the Planning Board as a condition of its approval.
The conditions which may be attached to the approval of a subdivision
application include the following:
(a)
Controls on the location and type of access
to the site.
(b)
Requirements for off-site improvements to improve
the capacity and safety of roads and intersections which are likely
to be directly affected by the proposed development.
(c)
A payment of a fee into a separate interest-bearing
trust fund for transportation network improvements which are directly
related to alleviating impacts of the proposed development. These
fees shall be equal to the prorated costs of off-setting the impacts
of the development as determined by the Planning Board, proportionate
to the entire costs of such improvements. The Planning Board may waive
the requirements of off-site traffic mitigation measures for developments
which include low/moderate-income housing.
E.
Public hearing.
(1)
Before approval, modification and approval or disapproval
of the definite plan is given, a public hearing shall be held by the
Planning Board, notice of the time and place of which and of the subject
matter, sufficient identification, shall be given by the Planning
Board by advertisement at the expense of the applicant in a newspaper
of general circulation in the Town of Ashland, once in each of two
(2) successive weeks, the first publication being no fewer than fourteen
(14) days before the day of such hearing, and by mailing a copy of
such advertisement to the applicant and to all abuttors by certified
mail, return receipt requested. Secondary abuttors shall receive notice
by regular mail.
(2)
The Planning Board shall provide the applicant with
the notice to be published. It is the applicant's responsibility to
submit the notice to the appropriate newspaper for timely publication.
(3)
The applicant shall submit a list or abuttors and
secondary abuttors to the Planning Board. The Assessors' office shall
certify the list of abuttors and secondary abuttors by lot, block
and map number and submit said list to the Planning Board. The Planning
Board shall provide the final list of abuttors and secondary abuttors
to the applicant, who shall send out the notices within five (5) days
after the first publication at his expense.
(4)
The petitioner's failure to attend the public hearing
may be sufficient grounds for the Planning Board to deny the definitive
plan.
F.
Performance security.
(1)
General requirements.
(a)
Prior to the Board endorsing its approval on the Definitive Plan and releases it for recording, the applicant/developer must deliver sufficient security to the Planning Board, as determined by said Board. Such security amount shall be calculated by the Planning Board Engineering Consultant to assure necessary improvements within the subdivision by a combination of the methods described in Subsection F(2). The form(s) of security shall be reviewed by Town Counsel and where appropriate, shall be cosigned by the mortgage holder. An itemized start and end date schedule shall also be provided for contemplated improvements, not to exceed two (2) years; unless there is a mutual written agreement between the applicant/developer and the Planning Board for an extension of time. Such agreement shall be executed and affixed to the performance guaranty.
(b)
Further extensions of time may be granted by
the Planning Board upon written request of the applicant/developer,
and such agreement shall be executed and affixed to the performance
guaranty.
(c)
Despite the aforementioned security, the Board
does not warrant that roads with ancillary utilities and appurtenances
depicted on the approved Definitive Plan will actually be constructed
or that any of the lots shown will be usable as buildable lots. In
the event that the Town decides to implement completion security,
its cost may be substantially higher than that of a private developer,
both in direct cost (including bidding and prevailing wage) and in
overhead. Therefore, in order to judge the cost to the Town in completing
the road with its ancillary utilities and appurtenances, the Planning
Board will authorize a professional estimate of such cost by its engineering
consultant at the expense of the applicant, utilizing costs of publicly
bid contracts in the greater Boston area, the Construction Cost Index
for the region, as published monthly by Engineering News Record, and
the Massachusetts Highway Department of Highway Estimator's Guide.
Such estimates include a contingency factor of six percent (6%) probable
increase of the cost over a two-year period. Cost estimates shall
be periodically prepared, including changes in the amount of security
on the release of lots each time the amount and type of security is
established or revised.
(2)
Method of security.
(a)
Covenant.
[1]
The covenant (Form F)[3] shall be executed and duly recorded by the owner or record,
running with the land, so that no lot in the subdivision shall be
sold and no building erected thereon until the required improvements
in accordance with this chapter are constructed and installed so as
to adequately serve the lots and approved to the satisfaction of the
Planning Board.
[3]
Editor's Note: Form F is on file in the Planning
Office and may be examined there during regular business hours.
[2]
Such covenant shall be inscribed on the Definitive
Plan and/or separate document referred to on the said Plan and recorded
in the South Middlesex Registry of Deeds or Land Court within six
(6) months of its endorsement.
[3]
In the case of the covenant, the Board may grant
final approval of the Definitive Plan conditional upon the completion
of the construction of all ways and installation of utilities within
two (2) years or as mutually agreed upon, in writing, by the Planning
Board and the applicant/developer with the specified time period from
the date of said covenant. Failure to complete such improvements within
the time period agreed to shall be considered cause for the call of
a public hearing by the Planning Board to consider rescinding such
approval, after giving proper notice.
[4]
The developer/applicant shall post cash or a proper surety bond in accordance with Subsection F(2)(b), and/or execute an agreement for prorated cash deposits in accordance with Subsection F(2)c to ensure performance of the construction of the ways, the installation of services and other project costs as described in Subsection F(l)(c).
(b)
Surety bond.
[1]
The initial security shall be in the form of a bond or other proper negotiable surety issued by a surety company licensed to do business in the Commonwealth of Massachusetts. The amount of the surety bond shall be determined by the Planning Board. Said amount shall be sufficient to pay for all work, as described in Subsection F(l), and related work, including the allowance for inflation by the end of the time specified for the completion of all required construction and installation, and which shall be contingent upon the completion of such improvements within two (2) years of the date of such bond. Such bond shall be approved as to form and execution as shown on the bond agreement in accordance with Subsection F. The Board will deposit said initial security into the custody of the Town Treasurer.
[2]
This security shall not be released, modified
or substituted by the Town Treasurer without written approval of the
Board.
[3]
In case of a surety company bond, an agreement to the extension of time as described in Subsection F(1) shall not be effective until the surety company delivers to the Board a written statement that the surety company agrees to the proposed alteration of the completion schedule and such alteration shall not relieve or affect the liability of the surety company.
(c)
Cash deposits. To temporarily augment the initial bond security as provided in Subsection F(2)(b) above, the applicant/developer shall provide additional cash deposits at the time of lot release on a prorated basis, or by a lump sum payment, according to the expected cost of the construction of the ways, the installation of services and other project costs as described in Subsection F(1)(c). The developer/applicant may only utilize this augmenting method in conjunction with the covenant and surety bond methods of security. At the time of the completion of all necessary development improvements prior to qualification for lot releases as regulated in § 344-9, the applicant/developer may reduce the premium value of any surety bond, at any
time, by the amount of accumulated prorated cash deposits
or lump sum payment in exchange for lot releases. These funds will
be deposited into a passbook account held by the Town Treasurer.
(3)
Completion time schedule.
(a)
The applicant shall submit to the Board an itemized
construction completion schedule. Following endorsement of the plan,
the schedule shall be updated by the applicant every six (6) months.
(b)
Failure by the applicant to complete the improvements
within the approved and prescribed time frame shall not relieve the
applicant from his obligation to pay increased costs for completing
the improvements in excess of his/her performance guaranty.
(4)
Road opening security. In the event that the covenant
form of security is submitted by the applicant/developer and approved
by the Planning Board, said Board shall require sufficient security
in the form of a bond, cash, passbook account or letter of credit
to cover the cost of restoring the site to its near-natural conditions,
plus additional categories of work, as determined by a project engineering
cost estimate. Such funds shall be used by the Town for said purpose
if the developer should default during the construction cycle prior
to lot release application.
G.
Approval, modification or disapproval. The action
of the Board in respect to such plan shall be by vote, copies of which
shall be certified and filed with the Town Clerk and sent by delivery
or registered mail to the applicant. If the Board modifies or disapproves
such plan, it shall state in its vote the reasons for its action.
Approval, if granted, shall be endorsed on the original drawing of
the definitive plan by 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 the Clerk has notified the Board that no appeal has
been filed and adequate surety has been delivered to the Board.
(1)
Endorsement.
(a)
The applicant shall submit the approved plan
for ratification within sixty (60) days after the twenty-day appeal
period has run. An approved plan shall not be endorsed until the applicant
has posted the necessary performance guaranty and made the necessary
correction on the plan if conditional approval was given to the satisfaction
of the Planning Board and shall deliver two (2) Mylar originals [one
(1) for recording and one (1) for the Planning Board office file]
and twelve (12) contact prints of the plan for the Board's file and
various Town agencies, and the Board shall supply the applicant with
a completed Form D-1 or D-2.[4]
[4]
Editor's Note: Form D is on file in the Planning
Board Office and may be examined there during regular business hours.
(b)
The Board shall distribute said signed copies
to the Board of Assessors, Board of Health, Select Board, Inspector
of Buildings, Conservation Commission, Department of Public Works
- Water and Sewer, Department of Public Works - Highway, Fire Department,
Police Department, Planning Office file, and Planning Board Consultant.
Failure of the applicant to meet the above requirements may be full
and sufficient reason for the Board to reconsider its decision.
[Amended 10-18-2000 ATM, Art. 14; 11-20-2019 STM, Art. 13]
(2)
Approval of the definitive plan or release of security
does not constitute the laying out or acceptance by the Town of streets
within the subdivision.
(3)
Recording of plan.
(a)
Within six (6) months from the date of the Planning
Board's endorsement of the definitive plan, the applicant shall cause
said plan to be recorded in the Middlesex County Registry of Deeds
or Land Court. Within ten (10) days after the plan has been recorded,
the applicant shall notify the Board, in writing, of the date of such
recording by providing the Board with sufficient evidence of said
recording by photocopying the receipt document and, in addition, providing
the Board, within fifteen (15) days a copy of the notice for the Book
and Page assignment.
(b)
At the time of such recording, all public easements
and covenants shall be duly documented and originals transmitted to
the Planning Board for filing with the Town Clerk.
(4)
Increase in performance guaranty. If the specified subdivision improvements in accordance with Articles IV and V are not completed within two (2) years of the date of bond, deposit of money or covenant, the Planning Board shall require a new estimate of costs of the remaining work, change the amount of performance security proportionately and establish a new date for the completion of said required improvements. Failure of the applicant to complete the improvements within said two (2) years or any extension thereof shall not relieve the applicant from his obligation to pay for increased costs for completing the improvements in excess of his performance guaranty.
A.
The applicant shall file with the Planning Board a
written request for specific release of lots; each such request shall
be accompanied by a processing fee. Said request shall be delivered
to the Planning Board office or mailed by registered mail.
B.
Partial Release.
(1)
The applicant may, upon partial completion and installation of required improvements in a subdivision as specified in this subsection in accordance with Article IV and V, make formal application to the Planning Board for partial release of his/her performance guaranty, the security for the performance of which was given by deposit of money or covenant bond as herein set forth.
(2)
No lot shall be released unless the following conditions
are satisfied:
(a)
Covenant in place and performance bond and/or cash deposits. In the event of a covenant, the security shall be converted into a bond, cash or passbook account to cover the costs of completion as specified in § 344-8F and as follows.
(b)
There shall be a binder course two (2) inches
thick on the street(s).
(c)
There shall be a report by the Planning Board
engineering consultant as to the status of the subdivision, a cost
estimate to complete the subdivision work and the value of all utility
improvements and site preparation work for each lot.
(d)
Streets and drainage shall conform to Planning
Board requirements and the approved subdivision plans, including,
but not limited to, all utilities and other appurtenances are in place
and have been properly tested and passed. minimum standards, including,
but not limited to, water, sewer, electric, gas or gas line sleeves,
drainage, telephone, cable, catch basins, flood control structures
and binder on sidewalks.
(e)
Landscaping grading within the right-of-way
shall conform to Planning Board requirements, and approved plans and
accepted sediment and erosion control practices by the securing of
all slopes, including bankings, along the roadway and the top crests
of topographic land forms on the adjoining lots. In cases of grades
of six percent (6%), granite curbing shall be in place. Where necessary,
hay bales and seed shall be implemented for stabilization purposes,
including along the right-of-way in front of proposed house lots.
(f)
Water mains and hydrants shall conform to appropriate
regulations of the Water and Sewer Department and Fire Department
and the approved subdivision plans and shall have adequate fire flow
pressure.
(g)
Sewers (where applicable) shall conform to the
appropriate regulations and subdivision plans; or septic systems (where
applicable) shall have been approved on the subject lots, and values
for the cost of said septic systems shall have been devised based
on the perk rates and groundwater/limit of excavation limits.
(h)
Private wells (where applicable) shall have
been approved on the subject lots.
(i)
The fire alarm system shall conform to the appropriate
regulations and subdivision plans.
(j)
There shall be a certificate from the applicant's
registered civil engineer/surveyor that all permanent bounds and monuments
are in place and accurately located.
(k)
There shall be a listing provided by the applicant
of all restrictions, encumbrances, liens and easements on the subdivision.
(l)
There shall be a listing provided by the applicant
of all restrictions and easements over the land of others pertinent
to the subdivision.
(m)
There shall be a statement from the applicant
that he/she is the owner in fee simple of land included in the subdivision,
particularly the lots requested for release, and that there are no
mortgages of record or other liens of record on the property except
those described above and which are subject to the covenant and that
the present mortgage holders have agreed to said approved covenant.
(n)
There shall be a timetable submitted by the
applicant for the completion of the construction of ways, municipal
service installations and cleanup of lots, other necessary work and
as-built plans for the subdivision.
(o)
Secondary access shall be provided.
(p)
Sufficient security in the form of a bond, cash,
surety or letter of credit shall be provided by the applicant sufficient
to cover the cost to finish the subdivision work.
(q)
All outstanding bills owed by the applicant
to the Planning Board shall have been paid in full.
(r)
There shall be comments by the safety officials,
including, where applicable, the Health Agent, Fire Chief, Police
Chief, Inspector of Buildings and Public Works Director, regarding
adequacy and safety of the lot(s) to be released.
[Amended 10-18-2000 ATM, Art. 14]
C.
Model release. The Planning Board may issue a models-only-release
to the developer of a subdivision, provided that the following minimum
conditions are met:
(1)
Covenant in place and/or cash deposits committed.
(3)
Recommendation by the safety officials as to adequacy
and safety of the lot(s) requested.
(4)
Report by the Planning Board engineering consultant
as to the status of subdivision, cost estimate to complete subdivision
work and value of utility improvements and site preparation work for
each lot.
(5)
The house on said lot cannot be occupied.
D.
Final release.
(1)
Upon completion of the provisions of the performance guaranty, the applicant shall send by registered mail to the Town Clerk and the Planning Board a written statement that said construction or installation in connection with such bond, deposit or covenant which has been given has been completed in accordance with Articles IV and V of this chapter.
(2)
The Planning Board shall then obtain, in writing, from the Planning Board Engineering Consultant and the Department of Public Works a certificate or statement that all work required under these rules and regulations under the jurisdiction of the Town has been inspected and completed in each street or streets in the subdivision, including, but not limited to, the items listed in § 344-9B(2)(d) through (i).
[Amended 10-18-2000 ATM, Art. 14]
(3)
If the Planning Board determines that said construction
or installation has been completed satisfactorily, it shall notify
the Town Treasurer, in writing, that it releases the interest of the
Town in such performance guaranty and return the bond or deposit to
the person or persons who furnished the same or, in the case of a
covenant, the Planning Board shall issue a written release of the
covenant suitable for recording.
(5)
In addition, the Board, upon the recommendation of
the Planning Board Engineering Consultant and the Technical Review
Committee, may refuse to release security if completion of construction
on any remaining undeveloped or partially developed lots poses a substantial
risk of injury to the covered improvements.
(6)
If the Planning Board determines that said construction
or installation has not been completed or fails to comply with this
chapter, it shall specify to the applicant by registered mail and
to the Town Clerk, the detail wherein said construction or installation
fails to comply with its rules.
(7)
Upon failure of the Planning Board to act on such
application within forty-five (45) days after the receipt of the application
by the Town Clerk, all obligations under the bond shall cease and
terminate by operation of law, and any such deposit shall be returned
and any such covenant shall become void. Any such bond may be enforced
and any such deposit may be applied by the Planning Board of the Town
of Ashland as provided in M.G.L.A. Ch. 41, § 81Y, upon failure
of the performance for which any such bond or deposit was given to
the extent of the reasonable cost to the Town of completing such construction
and installation.
The Planning Board may rescind its approval of the subdivision plan based on the following grounds, which include but are not limited to: failure of the applicant to record the definitive plan within twelve (12) months of its endorsement by the Board; or to comply with the construction schedule incorporated into the performance guaranty; or to initiate construction of improvements or sell lots in a subdivision within seven (7) years of the approval of the definitive plan; or to comply with the approved plans and conditions of approval. Said grounds may constitute reason for the Planning Board, on its own motion, to institute proceedings to rescind its approval of a subdivision plan in accordance with the requirements of M.G.L.A. Ch. 42, § 81W.
A.
The applicant shall file with the Planning Board a
written request for an occupancy permit which shall be accompanied
by a processing fee.
B.
Approval of the occupancy permit shall include the
following. Upon receipt of said request, the Town Planner will have
five (5) business days to visit the site and sign the occupancy permit,
provided that the following minimum standards are met:
(2)
There shall be appropriate sediment, erosion and landscaping
controls on the side slopes (this shall include loam and seeding with
grass or other acceptable materials by the Planning Board between
the edge of pavement and the property line);
(3)
Stockpiles of earth materials shall be covered if
left over an extended period of time;
(4)
Construction debris shall be removed off the premises.
(5)
Tree trunks shall be disposed of in accordance with
the rules and regulations as described in the occupancy permit standards
promulgated by the Planning Board.
C.
The Planning Board may modify these standards in cases
of undue hardship (such as adverse weather conditions) or if lots
do not warrant it.
