A.Â
Submission of plan. 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 plan and three contact
prints, one reproducible Mylar copy, the original, and a properly
executed Form A (See Appendix A)[1] to the Beverly Planning Board, accompanied by the necessary
evidence to show that the plan does not require subdivision approval.
Filing fees for a Form A, Subdivision Approval Not Required Plan,
are found in the Planning Board regulations governing fees and fee
schedules, as may be amended from time to time, which are incorporated
herein by reference. Said plan shall contain the following information:
[Amended 12-20-2005]
(1)Â
Identification of the plan by name of owner of record and location
of the land in question, cross-referenced to page and parcel number
of the Assessor's Maps.
(2)Â
The statement "Approval Under the Subdivision Control Law Not Required,"
and sufficient space for the date and the signatures of the majority
of the Board.
(3)Â
A locus plan at 800 feet to the inch shall be included on the plan.
(4)Â
Zoning classification and location of any zoning district boundaries
that may lie within the locus of the plan.
(5)Â
In the case of the creation of a new lot, the remaining land area
and frontage of the land in the ownership of the applicant shall be
shown.
(6)Â
Notice of any decision of the Zoning Board of Appeals, including,
but not limited to, variances and exceptions regarding the land or
any buildings thereon.
(7)Â
Abutters from the latest available Assessor's records unless the
applicant has knowledge of any changes subsequent to the latest available
Assessor's records. (See Form E, Certified List of Abutters, Appendix
E.[2])
[2]
Editor's Note: Form E is included as an attachment to this chapter.
(8)Â
Distance to the nearest road or other permanent monument(s).
(9)Â
Location of all existing buildings, including setback and side yard
and rear yard designations.
(10)Â
The scale, date, and name of the engineer or surveyor who prepared
the plan.
(11)Â
Location of nearest fire hydrant(s).
(12)Â
Metes and bounds of all existing and proposed boundary lines.
(13)Â
Notation explaining purpose of ANR (details of transactions,
making an existing nonconforming lot conforming, etc.).
(14)Â
Notation stating that: "Endorsement of this plan as one not
requiring approval under the Subdivision Control Law is not a determination
as to conformance with zoning."
[1]
Editor's Note: Form A is included as an attachment to this chapter.
B.Â
Endorsement of plan not requiring approval.
C.Â
Submission of recorded or registered plans. Upon recording or registering
the final endorsed plan with the Registry of Deeds or Land Court,
two copies of the registered or recorded plan shall be submitted to
the Planning Department.
[Amended 12-20-2005]
D.Â
Electronic data submittal. Upon endorsement by the Beverly Planning
Board that the plan does not require approval under the Subdivision
Control Law and recording or registering the plan with the Registry
of Deeds or Land Court, the applicant or owner of record shall forthwith
file with the Beverly Engineering Department GIS Coordinator, at no
charge or cost to the City of Beverly, an electronic file of the final
endorsed plan. The files shall be in CAD or GIS format and may be
submitted on CD, DVD or by electronic mail. All files shall be submitted
to the City of Beverly Engineering Department in accordance with its
"Digital Data Submission Requirements" as may be amended from time
to time, which are incorporated herein by reference, for purposes
of incorporating the data into the City's Geographic Information System.
[Amended 12-20-2005]
E.Â
Determination that plan requires approval. If the Beverly Planning
Board determines that the plan does require approval under the Subdivision
Control Law, it shall so inform the applicant in writing and return
the plan. The Beverly Planning Board shall also notify the City Clerk
in writing of its action.
[Amended 12-20-2005]
A.Â
General.
[Amended 12-20-2005]
(1)Â
A preliminary plan of a subdivision must be submitted for nonresidential
subdivisions, and may be submitted for residential subdivisions by
the applicant; 12 prints size 24 inches by 36 inches and 10 prints
size 11 inches by 17 inches, which shall be filed with the Beverly
Planning Board, along with an original and a properly executed Form
B, Preliminary Plan (see Appendix B).[1] Filing fees for a Form B, Preliminary Plan, are found
in the Planning Board regulations governing fees and fee schedules,
as may be amended from time to time, which are incorporated herein
by reference.
[1]
Editor's Note: Form B is included as an attachment to this chapter.
(2)Â
The applicant shall file, by delivery or registered or certified
mail, a notice with the City Clerk stating the date of formal submission
(submitted plan) for such approval of a preliminary plan, accompanied
by a copy of a properly executed application Form B. The submission
of such a preliminary plan will enable the applicant, the Beverly
Planning Board, the Board of Health, the Public Works Department,
the Police Department, the Fire Department, the agent to the Beverly
Planning Board, and other City agencies and owners of property abutting
the subdivision to discuss and clarify the details of such subdivision
before a definitive plan is prepared. Therefore, it is strongly recommended
that a preliminary plan be filed in each case. A properly executed
application Form B (See Appendix B) shall be filed with the preliminary
plans submitted to the Beverly Planning Board. (See Form O, Document
Control Sheet, for the distribution of plans, Appendix O.[2])
[2]
Editor's Note: Form O is included as an attachment to this chapter.
(3)Â
The Beverly Planning Board may extend the forty-five-day period permitted
by statute between submission of a preliminary plan and action thereon
upon written request of the applicant. (See Form Q, Extension of Time,
Appendix Q.[3])
[3]
Editor's Note: Form Q is included as an attachment to this chapter.
B.Â
Contents. The preliminary plan may be drawn on Mylar at a suitable
scale, preferably 40 feet to the inch. The plan shall be designated
as a "Preliminary Plan" and shall provide sufficient information to
form a clear basis for discussion of the details of the subdivision
and for preparation of the definitive plan. The plan shall contain
the following:
(1)Â
The subdivision name, if any, boundaries, locus plan, North point,
date, scale, legend and title "Preliminary Plan."
(2)Â
The names and addresses of the record owner of the land and the subdivider
and the name and address and seal of the registered architect, engineer
and land surveyor who made the plan, which shall appear in the lower
right-hand corner.
(3)Â
The names of all abutters, as determined from the last assessment,
unless the applicant shall have more recent knowledge of such abutters.
(See Form E, Certified List of Abutters, Appendix E.[4])
[4]
Editor's Note: Form E is included as an attachment to this chapter.
(4)Â
The existing and proposed lines of streets, ways, easements, and
any public or common areas within the subdivision, in a general manner.
(5)Â
Major features of the land such as existing walls, fences, monuments,
buildings, trees six inches in caliper measured four feet above the
ground, wooded areas, outcroppings, ditches, swamps, water bodies
and natural waterways.
(6)Â
The proposed system of sewage disposal, water installation hydrants,
and drainage, including adjacent existing natural waterways.
(7)Â
The approximate boundary lines of proposed lots, with approximate
areas and dimensions.
(8)Â
The names and the approximate location and widths of adjacent streets
approaching or within reasonable proximity of the subdivision.
(9)Â
The topography of the land with a five-foot contour interval; or,
in flat areas, of a two-foot contour interval. Water bodies and their
elevations shall be shown with the date of measurement.
(10)Â
The proposed names of the proposed streets and a number on each
lot on each proposed street.
(11)Â
The profiles of existing grades and approximate proposed finished
grades of the roadway and drain and other utilities and showing soil
conditions and approximate high groundwater levels.
(12)Â
Area of adjoining land and water of the applicant not presently
being subdivided.
(13)Â
The zoning classification of land shown on the plan.
(14)Â
Necessary engineering calculations to provide information to
the Beverly Planning Board that fire protection, vehicular traffic
flow, turning radii, and all other safety precautions are being provided.
(15)Â
Shading or other methods to show the areas on all lots that
are to be excavated or filled, and wetlands.
C.Â
Approval. During the discussion of the preliminary plan, the complete
information required for the definitive plan, and the financial arrangements,
will be developed. The Beverly Planning Board may give such preliminary
plan approval, with or without modifications or suggestions, after
the Board's review of data and comments from the Board of Health,
Public Works Department, Police Department, Fire Department, and the
City Engineer. Such approval does not constitute approval of the subdivision,
but facilitates the preparation of the definitive plan and securing
final approval thereof. One copy of the preliminary plan will be returned
to the applicant. In the event of disapproval, the Beverly Planning
Board shall state the reasons for its disapproval in accordance with
MGL c. 41, § 81U. It shall be the applicant's responsibility
to submit or obtain enough data or material to obtain meaningful comments
from all parties reviewing said plan.
A.Â
General. Any person who submits a definitive plan of a subdivision
(submitted plan) to the Beverly Planning Board for approval shall
file with the Board the following:
(1)Â
All items required in Subsections A(1)(a), (1)(b), B and C of this section and the minimum filing fee (See § 375-7.) shall be submitted for a definitive plan to be "duly submitted" in accord with the General Laws of Massachusetts (See Form O, Document Control Sheet, for the distribution of plan, Appendix O.[1]) by the Board and the subdivider.
(a)Â
Twelve prints size 24 inches by 36 inches and 10 prints size
11 inches by 17 inches upon application; one original Mylar and one
reproducible Mylar copy of the final plans for signature following
final approval; and one print, size 24 inches by 36 inches, of the
final approved signed plans.
[Amended 12-20-2005]
(b)Â
A properly executed application Form C, Application for Approval of a Definitive Plan (Appendix C); Form D, Designer's Certificate (Appendix D); Form E, Certified List of Abutters (Appendix E); and proof of submission of plan to the Board of Health (see Subsection D of this section).[2]
[2]
Editor's Note: The forms are included as attachments to this chapter.
[1]
Editor's Note: Form O is included as an attachment to this chapter.
(2)Â
Approval of all plans shall be upon the condition that all ways shown
thereon and public utilities required by the Board shall be completed
and installed within the time so specified. The Board may decline
to approve any plan unless the applicant agrees to complete the ways
shown thereon and install the public utilities aforesaid within two
years of the date of approval. If the ways in any subdivision are
not completed and the utilities aforesaid are not installed within
the time so agreed to by the applicant or so required by the Board,
no such way shall thereafter be laid out, constructed, completed or
opened for public use unless and until a new application is filed
with and approved by the Board. Ways or portions thereof not completed
within two years from the date of approval by the Board shall thereafter
be completed in accordance with the then-in-force construction standards
of the Beverly Planning Board.
(3)Â
The applicant shall file, by delivery or registered or certified
mail, a notice with the City Clerk stating the date of submission
for such approval and accompanied by a copy of completed Form C, Application
for Approval of Definitive Plan (Appendix C).[3]
[3]
Editor's Note: Form C is included as an attachment to this chapter.
B.Â
Contents. The definitive plan shall be prepared by a registered,
professional engineer and land surveyor and shall be clearly and legibly
drawn in black India ink upon Mylar or tracing cloth. There shall
be a locus plan at a scale of one inch equals 800 feet. The plan shall
be at a scale of one inch equals 40 feet or such other scale as the
Beverly Planning Board may accept to show details clearly and adequately,
and shall include plans and profiles of each individual street at
a scale of one inch equals 40 feet horizontal and one inch equals
four feet vertical. All elevations shall be the National Geodetic
Vertical Datum of 1988 (NAVD88). Sheet sizes shall be 24 inches by
36 inches, including a one-inch border. All plans shall be accompanied
by an index sheet at a scale of one inch equals 100 feet showing the
entire subdivision and adjacent streets and dimensions of the lots
and streets and lot numbers. This plan shall indicate the Assessor's
Map and Parcel number of the land in question. All engineers and surveyors
shall certify that they either personally performed or supervised
the work shown on the drawings. The definitive plan shall contain
the following information:
[Amended 12-20-2005]
(1)Â
A title block, appearing in the lower right-hand corner of the plan,
showing the name of the subdivision, if any, the date, scale, the
names and addresses of the applicant, and the names of the designer,
registered architect, engineer and surveyor who made the plan, their
seals and signatures.
(2)Â
North arrow, benchmark, and boundaries of the subdivision.
(3)Â
Location and ownership of abutting property as it appears on Form
E, Certified List of Abutters (Appendix E),[4] unless the applicant shall have more recent knowledge
of such abutters, including all abutting land owned by the applicant
not presently being subdivided. A copy of the deed of the land in
question shall also be submitted.
[4]
Editor's Note: Form E is included as an attachment to this chapter.
(4)Â
Major features of the land, such as existing waterways, swamps, and
water bodies, natural drainage courses, walls, fences, buildings,
trees six inches in caliper measured four feet above the ground, wooded
areas, outcroppings and ditches which exist on or near the site at
the time of the survey.
(5)Â
Lines of existing and proposed streets, ways, lots, lot numbers or
other designation of each lot, easements, and public or common areas
within the subdivision. If the subdivision consists of more than one
section, all lot numbers shall be consecutive.
(6)Â
Sufficient data to determine the location, direction, and length
of every street and way line, lot line, and boundary line, and to
establish these lines on the ground. This shall include the lengths
and bearings of plan and boundary lines, of all subdivision lot lines,
including lot frontage on the streets, of the boundary lines of all
streets and easements, and the length, radii, tangents, and central
angles of all curves in lot lines and street lines. All angle points
or intersections of tangents along the street lines shall be shown.
Adjoining lands of the applicant not included in the subdivision will
be shown.
(7)Â
Location of all permanent monuments properly identified as whether
existing or proposed.
(8)Â
Location, names, and present widths of streets or private ways bounding,
approaching, or within reasonable proximity of the subdivision, showing
both roadway widths and right-of-way widths.
(9)Â
When existing roadways are improved upon or regraded in areas which
abut existing homeowners, topographical details at sufficient distances
from the roadway layout must be supplied to ensure proper drainage
of abutting properties. Proof of slope easements shall be provided
prior to plan approval.
(10)Â
Indication of all easements, covenants, or restrictions applying
to the land and their purposes, whether or not within the subdivision,
including any decision on an appeal or variance or exception made
by the Zoning Board of Appeals applicable to the subdivision of the
land or any buildings thereon.
(11)Â
If the property that comprises the subdivision or any part or
boundary thereof has been examined, approved, and confirmed by the
Massachusetts Land Court, such information shall be noted on the plan
with case numbers and other pertinent references to Land Court procedure,
and the same requirement shall apply to any adjoining parcels of land
of the applicant.
(12)Â
Suitable space to record the action of the Beverly Planning
Board and the signatures of the majority of the Board.
(13)Â
Street address numbers for each lot on a definitive subdivision
plan.
[Items (14) through (21) may be submitted on the same sheet
as the definitive plan, or on separate sheets.]
|
(14)Â
A notation that: "Should the rodent population be displaced
(leave its natural habitat) because of land development, then the
developer must bear the responsibility of retaining the services of
a professional exterminating company to abate the rodent migration
problem. This service must adequately solve the problem and must be
completed at the expense of the developer."
(15)Â
Existing profiles of the exterior lines drawn in fine black
line, dotted for left side and dashed for right side, and proposed
profile on the finished center line drawn in fine black solid line
of proposed streets at a horizontal scale of one inch equals 40 feet
and vertical scale of one inch equals four feet, or other such scale
acceptable to the Beverly Planning Board. At least two benchmarks
are to be shown on plans and profiles, and grade elevations at every
fifty-foot station except in vertical curves, which shall be at every
twenty-five-foot station. All existing and proposed intersections
and sidewalks shall be shown, with all proposed grade elevations calculated.
Sufficient subsoil information shall be indicated so as to ascertain
soil conditions at proposed subbase and highest known high water table.
Elevations shall be to the National Geodetic Vertical Datum of 1988
(NAVD88). Gradients shall be shown by figures expressed in percent.
Water bodies and their elevations shall be shown with the date of
measurement.
(16)Â
Existing and proposed topography at two-foot contour intervals
and, by symbols, the highest known high water mark. There shall also
be indicated, by differentiating symbols, the contour line four feet
above said high water mark.
(17)Â
Size and location of existing and proposed water supply mains
and their appurtenances, hydrants, sewer pipes and their appurtenances
and/or sewage disposal systems, storm drains and their appurtenances,
and easements pertinent thereto, and dimensions of gutters, including
data on borings and percolation tests made, and method of carrying
water to the nearest watercourse or easements for drainage as needed,
whether or not within the subdivision. If surface water drains will
discharge onto adjacent existing streets or onto adjacent properties
not owned by the applicant, he shall clearly indicate what course
the discharge will take, and shall present evidence to the Board that
the discharge is satisfactory and permitted by public or private ownership
of adjacent street(s) or property and does not cause any detrimental
effects to public or private property.
(18)Â
Calculations prepared by a registered engineer to substantiate
proposed drain pipe sizes. The computations shall be based on the
current standard of design used by the City Engineer.
(19)Â
Location and species of proposed street trees and location of
trees to be retained with trunks over six inches in diameter, measured
four feet above the finished ground level, located outside of the
street right-of-way line of existing or proposed streets not closer
than five feet to or more than 10 feet from said right-of-way line.
(20)Â
Cross sections typical of each street, roadway and sidewalk
to be constructed, including existing soil conditions and high groundwater
level.
(21)Â
Location of proposed streetlights and sidewalks, underground
electric lines, and fire alarm systems.
(22)Â
Conceptual design of each utility pump station, and a site plan
at the scale of one inch equals 20 feet which shows the layout of
the proposed station.
(23)Â
Necessary engineering calculations to provide information to
the Beverly Planning Board that fire protection, vehicular traffic
flow, utilities and all other safety precautions are being provided.
When deemed necessary, the Planning Board will require that the applicant
commission a traffic study to assess the project's impact on the roads
and traffic both within and surrounding the development. The City
will approve the consulting firm selected by the developer, and the
cost of the traffic study will be borne solely by the applicant. The
Planning Board will also require, when deemed necessary, the submission
of fire flow tests to ensure adequate protection from fire.
(24)Â
As a part of the definitive plans, there will be submitted an
overall drainage plan with topographic details for the subdivision
and all areas within the total drainage area plus the area of ultimate
disposal drawn with India ink on tracing cloth (or other method suitable
for reproduction). A separate plan, or a part of the above plan, shall
be included for the water system. The above requirements may be on
one plan or on two separate plans, with complete details of the drainage
and the water system.
(25)Â
Each sheet shall be consecutively numbered as Sheet 1, 2, etc.
of the total number of sheets.
C.Â
Adequacy of ways providing access to subdivisions.
(1)Â
An
analysis of ways providing access to subdivisions, hereinafter referred
to as the "street system," shall be prepared for subdivision plans
by an engineer or engineers registered in the Commonwealth of Massachusetts
having expertise in civil engineering and traffic and transportation
engineering.
(2)Â
The
report(s) shall contain the following information: a narrative including
data to show characteristics of the street(s) providing access to
the development measured from the entrance of the development to the
nearest cross street. If the distance from the entrance of the development
to the nearest cross street is more than 1,000 feet, then the required
data shall include the first 1,000 feet.
(a)Â
Applying the guidelines set forth in Article IV, Design Standards, of these rules and regulations, the Planning Board shall determine the adequacy of the street system.
(b)Â
If the Planning Board determines, based on the data submitted,
that the street does not meet these guidelines, the Planning Board,
in the interest of the public safety, shall identify those improvements
which must be made and shall give written notice to the applicant.
The applicant shall propose and describe not less than two alternative
designs for improvements to the street system intended to address
the inadequacies identified by the Planning Board.
(c)Â
The engineering and cost of construction and implementation
of required improvements shall be the full responsibility of the applicant.
(d)Â
The Planning Board may condition a subdivision approval on these
improvements being made or legally secured or guaranteed in accordance
with the following:
[1]Â
Prior to improvement of a street system involving a private
way(s), the applicant shall show evidence, satisfactory to the Planning
Board, of the applicant's right to perform such work. In the event
that the applicant does not have the right and cannot obtain the right
to make all required improvements, then the applicant shall report
these facts to the Planning Board for a determination by the Planning
Board of what further action is to be taken. The Planning Board may
propose to the City Council that the street(s) be accepted by the
City with the undone improvements to be completed by or paid for by
the applicant.
[2]Â
Prior to any improvement of a street system involving a public
way(s), the applicant shall receive approval from the City Engineer
and other City boards and other government agencies or commissions
having jurisdiction over the roadways as applicable. If the applicant
does not receive approval to undertake certain improvements, then
improvements shall be made to the extent of the approvals obtained.
(e)Â
With respect to improvements which cannot be made by the applicant
due to inability to obtain the necessary approvals, the Planning Board
shall be the final arbiter in determining those improvements which
are conditions of the subdivision approval.
D.Â
Review by Board of Health as to suitability of the land. At the time
of the filing of the definitive plan with the Beverly Planning Board,
the applicant shall also file with the Board of Health one print of
the definitive plan, together with such information in the nature
of percolation tests and deep test holes as the Board of Health may
require. Proof of submittal of definitive plan to the Board of Health
shall accompany the definitive plan filing with the Beverly Planning
Board. The Board of Health shall, within 45 days after the filing
of the plan, report to the Beverly Planning Board, in writing, approval
or disapproval of said plan. If the Board of Health disapproves said
plan, it shall make specific findings as to which, if any, of the
lots shown on such plan cannot be used for building sites without
detriment to the public health, and include such specific findings
and the reasons therefor in such report, and, where possible, shall
make recommendations for the adjustment thereof. Every lot shall be
provided with a sewerage system or sewer connection satisfactory to
the Board of Health.
E.Â
Review by other City officials.
(1)Â
The Clerk of the Beverly Planning Board may transmit copies of the
definitive plan to City officials other than the Board of Health as
follows: one copy each to the City Solicitor for review of easements
and agreements; the Department of Public Services; the Building Inspector;
the Conservation Commission; the Fire Department; the Police Department;
the Water Department; and the Salem/Beverly Water Supply Board.[5]
[5]
Editor's Note: Amended at time of adoption of Code.
(2)Â
Before the definitive plan is approved, the Beverly Planning Board
may request written statements from the above officials with regard
to the proposed improvements in the following respect:
(a)Â
City Solicitor as to the form of easements, covenants, and performance
guarantees.
(c)Â
The Fire Department as to location of hydrants and with regard
to safety requirements.
(d)Â
The Police Department as to street safety.
(e)Â
The Water Department and the Beverly/Salem Water Supply Board
as to the water system.
(f)Â
Conservation Commission.
F.Â
Soil survey and percolation tests. Where appropriate, the Beverly
Planning Board may require, at the expense of the applicant, soil
surveys and/or test borings performed under the supervision of a competent
geotechnical engineer to establish the suitability of the land for
the proposed sewerage disposal system, storm drainage system and proposed
street construction. A report prepared by a competent geotechnical
engineer and summarizing the results of such soil surveys and tests
must be filed with all plans for nonresidential subdivisions or multifamily
residences.
G.Â
Public hearing.
(1)Â
Before taking any action to approve, approve with modifications,
or disapprove a definitive plan, the Beverly Planning Board shall
hold a hearing at which parties in interest shall have an opportunity
to be heard, in person or by agent or attorney. Notice of the time
and place of such hearing and of the subject matter, sufficient for
identification, shall be published in a newspaper of general circulation
in the City once in each of two successive weeks, the first publication
to be not less than 14 days before the date of the hearing, and by
mailing a copy of such advertisement to the applicant and to all owners
of land abutting the land shown on the plan and shown on the most
recent tax list.
(2)Â
The procedure that the Beverly Planning Board will follow with respect
to approval, disapproval or modification of the final plan submitted
by the applicant will be that as set forth in MGL c. 41, § 81-U,
as amended. In summary, the Board, after receiving the final plan
and profiles, will review the same to determine whether they are in
compliance with its adopted rules and regulations and the Zoning Ordinance.[7]
(3)Â
Before final approval of the plan, the applicant shall comply with
all applicable regulations and rules of the Department of Public Services
and the Board of Health not otherwise covered by these rules and regulations.
Specific reference is made to the specifications for sewerage systems,
which shall conform with the rules and regulations of the Board of
Health.[8]
[8]
Editor's Note: Amended at time of adoption of Code.
(4)Â
Before final approval of the plan, the applicant shall establish
that the lots in the definitive plan are in conformity with the City
of Beverly Zoning Ordinance, and failure of the lots to comply will
be adequate grounds for disapproval of the definitive plan (MGL c.
41, § 81Q, and amendments thereto). The Board may, as a
condition of granting a permit under MGL c. 41, § 81Y, impose
reasonable requirements designed to promote the health, convenience,
safety, and general welfare of the community and to benefit the City.
In such event, the Board shall endorse such conditions on the plan
to which they relate; or set forth in a separate instrument, attached
thereto, to which reference is made on such plan and which shall,
for the purpose of the Subdivision Control Law, be deemed to be a
part of the plan.
(5)Â
Notations shall be made on the plans of any revisions and the date
revisions were made. A letter shall also accompany the plans, fully
describing all revisions in detail.
H.Â
Certificate of approval.
[Amended 12-20-2005]
(1)Â
The action of the Beverly Planning Board with respect to such plan
shall be by vote, copies of which shall be certified and filed with
the City Clerk and sent by registered or certified mail, return receipt
requested, to the applicant.
(2)Â
If the Beverly Planning Board modifies or disapproves such plan,
it shall state in its vote the reasons for its action and shall rescind
such disapproval when the plan has been amended to conform to the
rules and regulations and recommendations of the Beverly Planning
Board.
(3)Â
Final approval, if granted, shall be subject to the design standards
contained herein and shall be endorsed on the original drawings of
the definitive plan by the signatures of a majority of the Beverly
Planning Board after the City Clerk has notified the Beverly Planning
Board that no notice of appeal has been filed with that office.
(4)Â
After the definitive plan has been approved and endorsed, the Board
shall return the original Mylar to the applicant. The applicant in
turn shall provide the Board with one full set of the final signed
plans.
(5)Â
Refer to Appendix U for statutory review periods.[9] The Beverly Planning Board may extend the ninety-day or
one-hundred-thirty-five-day period permitted by statute between submission
of a definitive plan and action thereon upon written request of the
applicant. (See Form Q, Extension of Time, Appendix Q.[10])
[9]
Editor's Note: Appendix U is included as an attachment to this chapter.
[10]
Editor's Note: Appendix Q is included as an attachment to this chapter.
(6)Â
Approval of the definitive plan does not constitute the laying out
or acceptance by the City of streets within a subdivision and does
not signify that the subdivision may be constructed before all safety
and health standards have been met.
(7)Â
The original copy of the recorded covenant shall be returned, following
recording by the Registry of Deeds, to the Beverly Planning Board.
Upon receipt thereof, the Board will mail a copy of said covenant
to the applicant.
I.Â
Performance guarantee. Before endorsement of its approval of a definitive plan or subdivision, the Board shall require that the construction of ways and the installation of municipal services be secured by one, or in part by one and in part by the other, of the methods described in Subsection I(1) or (2) below, which method may be selected and from time to time varied by the applicant.
(1)Â
Approval with a certified check.
(a)Â
The applicant shall file a certified check or a three-way agreement in an amount determined by the Beverly Planning Board to be sufficient to cover the cost of all or any part of the improvements specified in Article V not covered by a covenant under Subsection I(2) hereof. Estimated amounts are noted in Appendices S and T and are revised each year.[11] Such certified check, if filed or deposited, shall be
accompanied by an appropriate and properly executed agreement prepared
in the manner of Form F, G, or such other form as the Board may require,[12] and approved as to form and manner of execution by the
City Solicitor and shall be contingent on the completion of such improvements
within two years of the date of the approval of the definitive plan,
or within a reasonable period of time beyond two years as may be approved
by the Planning Board. (See Appendices F and G.)
[11]
Editor's Note: Appendixes S and T are included as attachments to this chapter.
[12]
Editor's Note: Forms F and G are included as attachments to this chapter in Appendixes F and G.
(b)Â
The money may be forfeited or the term may be extended at the
discretion of the Beverly Planning Board. If extended, the Beverly
Planning Board may, at its discretion, request an increase or decrease
in the amount deposited to insure sufficient bonding to cover the
costs to complete the improvements.
(2)Â
Approval with covenant. The applicant shall file a Form G, Approval with Covenant Contract (Appendix G), or such other form of covenant as the Beverly Planning Board requires, approved as to form and manner of execution by the City Solicitor, properly executed and duly recorded in the Registry of Deeds by the owner of record, running with the land, whereby such ways and services as specified in Article V, not covered by bond or deposit under Subsection I(1) hereof, shall be provided to any lot before such lot may be built upon or conveyed, other than by mortgage deed.
(3)Â
Developer's disclosure agreement. Prior to final approval of a Definitive
subdivision plan, the applicant shall prepare and submit a "developer's
disclosure agreement" to be referenced on the plan and recorded at
the Registry of Deeds for all lots in the subdivision prohibiting
conveyance of said subdivision lots. The disclosure agreement may
be released only when all individual lot purchasers, with valid purchase
and sales agreements, sign and have notarized an "agreement and acknowledgement"
form available at the Planning Board's office. (See Appendix W for
sample copies of the developer's disclosure agreement and lot purchasers'
agreement and acknowledgement forms.[13]) The staff of the Planning Board shall be responsible
for administering the release of lots. The "agreement and acknowledgement"
form shall be prepared by the applicant and approved by the Planning
Board and shall, at a minimum, stipulate the following:
(a)Â
That the City of Beverly and the Planning Board of the City
bear no responsibility for the speedy completion of utilities and
roadways necessary to obtain occupancy permits and that this responsibility
lies solely with the applicant (or his successor).
(b)Â
That the applicant has submitted and has received approval of a performance guarantee according to Subsection I of this section. Said guarantee insures the completion of construction of ways and the installation of utilities for the subdivision within two years after submittal of the performance guarantee or within a reasonable period of time beyond two years as may be approved by the Planning Board.
(c)Â
The buyer of a lot acknowledges that he understands that he
will not be able to obtain an occupancy permit for the house to be
constructed on his lot until the base course of the roadway is constructed
and the utilities are installed and are in working order.
(d)Â
The buyer releases, indemnifies, and holds harmless the City
of Beverly from any loss, cost, claim, or damage resulting from the
buyer's inability to occupy the house to be constructed or the failure
of the applicant to complete the subdivision roadways, utilities,
and amenities.
[13]
Editor's Note: Appendix W is included as an attachment to this chapter.
J.Â
Reduction of bond surety. The amount of any deposit held under Subsection I(1) above may, from time to time, be reduced by the Beverly Planning Board and the obligations of the parties thereto released by said Board in whole or in part. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required by the Board.
K.Â
Release of performance guarantee.
(1)Â
General requirements.
(a)Â
When all subdivision improvements are complete (and approved drawings are submitted as mandated under Article V), or when a covenant has been met with respect to any or all lots, the applicant may send (by certified or registered mail) a written statement detailing the completed improvements (according to Article V) to the City Clerk and the Planning Board. If the Planning Board, after consultation with the Public Works Department, determines that all improvements are complete, any certified check on deposit which has been posted by the applicant as a performance guarantee (according to the provisions of these Subdivision Rules and Regulations) shall be returned to the applicant; in the case of a covenant, the Planning Board will issue a written release of said covenant on a release form. (See Form H, Release Form, Appendix H.[14])
[14]
Editor's Note: Appendix H is included as an attachment to this chapter.
(b)Â
However, 20% of the value of the check shall be held by the
City to insure maintenance of streets, improvements, and municipal
services for 18 months after completion of construction and installation
(completed utility trenches must go through at least one winter season
in a condition satisfactory to the Director of Engineering, Commissioner
of Public Services, Public Works) or until the streets are accepted
by the City, whichever comes first; after which date the City shall
return the remainder of the bond, if any, to the applicant.
(c)Â
Approximately 60 days before the expiration of the 18 months,
the Beverly Planning Board shall inspect said street or way or portion
thereof to determine whether or not defects have developed therein,
and determine whether or not it should recommend the release of the
final 20%.
(d)Â
Upon expiration of the period for which the applicant is responsible
for maintenance of said way, and if said developer has complied with
all the requirements of the Subdivision Control Law and the Beverly
Planning Board rules and regulations as set forth in an inspection
report of said way, any monies held by said Board for the maintenance
of said way shall be returned forthwith to the applicant.
(e)Â
The owner of record of a subdivision shall be held responsible
for all omissions, infractions, and deviations from the approved plans.
(g)Â
If the Beverly Planning Board determines that said construction or installation has not been completed, it shall specify to the applicant, in writing, by registered or certified mail, return receipt requested, the details wherein said construction and installation shall have failed to comply with requirements contained under Article V. Upon failure of the Beverly Planning Board to act on such application within 45 days after the receipt of the application by the City Clerk and the Beverly Planning Board, all obligations under the bond shall cease and terminate by operation of law; and the deposit shall be returned, and any such covenant shall become void.
(h)Â
In the event that said forty-five-day period expires without
such specification or without the release and return of the deposit
or release of the covenant as aforesaid, the City Clerk shall issue
a certificate to such effect, duly acknowledged, which may be recorded.
(2)Â
Inspection for release of performance guarantee. Prior to inspection
for release of security for performance which was given by bond, tripartite
agreement, deposit or covenant, the applicant shall submit, at the
following construction stages, a statement stamped and certified by
either a registered professional engineer or a registered land surveyor
that the required improvements are built in conformity with these
rules and regulations, the approved subdivision plan, the standards
of the DPW, and the order of conditions of the Conservation Commission.
If the as-built certification of Subsection J(2)(a) or (b) below is
performed by a registered land surveyor (RLS), and if any of the required
improvements are not in conformity with the approved subdivision plan
or the rules and regulations, then said RLS certification and other
appurtenant information shall be accompanied by a statement stamped
and certified by a registered professional engineer describing the
nonconforming construction and a statement, if appropriate or applicable,
that in his opinion the described nonconforming construction and/or
installation is equal to or better than what is required by the rules
and regulations, the approved subdivision plan, the standards of the
DPW, and the order of conditions of the Conservation Commission.
(a)Â
Underground utilities and drainage. Prior to any backfilling,
the applicant's registered professional engineer or registered land
surveyor shall observe and certify that the as-built location and
elevation of all underground utilities, including, but not limited
to, drainage, water and sewer, conform to the rules and regulations
and the approved subdivision plan. In addition, the registered professional
engineer or registered land surveyor shall observe and certify that
the location, elevation and grading of the entire drainage system,
including drainage easements, swales, retention/detention areas and
all visual drainage appurtenances are in conformity with the rules
and regulations, the approved subdivision plan and order of conditions.
In any instance where the as-built construction is not in conformity,
the registered professional engineer or registered land surveyor shall
list the exceptions and attach a "red-lined, marked-up print" which
shall consist of a print of the approved subdivision plan identifying
those areas marked in red pencil, wherein the construction and/or
installation is inconsistent with either the rules and regulations
or the approved plan.
(b)Â
Binder application. Following the binder application and prior
to any further roadway construction, the applicant shall submit an
as-built certification signed and stamped by either a registered land
surveyor or a registered professional engineer. Said certification
shall certify the roadway location, width, and elevation and that
the center line of all roadways coincide with the center line of the
street right-of-way, and that the preceding items conform to the rules
and regulations and the approved subdivision plan.
(c)Â
Upon completion of required improvements, the applicant shall
submit as-built plans.
(3)Â
As-built plan. The applicant shall submit as-built plans drawn with
india ink on linen or Mylar material certified by his registered professional
engineer to show actual locations and grades of all utilities and
improvements, and the roadway profile. As-built "on-the-ground" conditions
at time of inspection shall include, at a minimum, the following items
to be shown on the as-built plan:
(a)Â
Rims and inverts of all drainage structures as they would appear
on the profile section of the plan.
(b)Â
Location, size, and type of material for the water main; indicate
spot elevations every 200 feet on the water main to verify vertical
installation.
(c)Â
Location of gas mains (and house services if installed).
(d)Â
All underground electrical installations.
(e)Â
Underground cable installation.
(f)Â
Fire alarm wiring, if applicable.
(g)Â
Underground telephone wiring.
(h)Â
Water and sewer services to each individual lot with linear
ties to a permanent structure or monument.
(i)Â
Line water gates and ties.
(j)Â
Telephone services to lots.
(k)Â
Cable services to lots.
(l)Â
Curbing - berms and indicate type.
(m)Â
Granite curbs.
(n)Â
Sidewalks and their width.
(o)Â
Granite headers.
(p)Â
Grass plots and their width.
(q)Â
Any encroachments on private property.
(r)Â
Driveway curb cuts.
(s)Â
Hydrants and water gates.
(t)Â
Utility (telephone/electric) poles and any guys.
(u)Â
Streetlights.
(v)Â
Electric transformers.
(w)Â
All drainage, drainage structures, drainage easements; off-site
drainage, appurtenances, pipe sizes and materials. All of this information
shall be shown both within the right-of-way and any easement(s). If
a drainage channel, swale or brook is part of the drainage, then top
and bottom of bank elevations shall be given every 50 feet. If a retention
basin is constructed, then enough elevations shall be given to indicate
that the retention basin will have the proper staging called for in
the approved plan.
(x)Â
Rims and inverts of all sewer structures.
(y)Â
Any and all other utility appurtenances.
(z)Â
Location of survey monuments.
(aa)Â
Trees which, as specified on the approved plan, were to be retained
or planted.
(bb)Â
Landscaping and planting if required by approved plan.
(cc)Â
Center-line profile (fifty-foot stations with high and low points).
(dd)Â
Side slopes and lot grading certification.
(ee)Â
Center-line stationing; indicate on plan portion of the as-built
plan.
(ff)Â
Benchmark.
(gg)Â
Width of roadway layout.
(hh)Â
Width of roadway pavement.
(ii)Â
Location of street signs.
(jj)Â
Typical title block.
(kk)Â
Footprint of all houses constructed on all lots in the subdivision.
L.Â
Electronic data submittal.
[Added 12-20-2005]
(1)Â
Upon
recording or registering of the plan with the Registry of Deeds or
Land Court and acceptance of the final as-built and acceptance plans
by the Beverly Planning Board, the applicant or owner of record shall
forthwith file with the Beverly Engineering Department GIS Coordinator
at no charge or cost to the City of Beverly:
(2)Â
The
files shall be in CAD or GIS format and may be submitted on CD, DVD,
or by electronic mail. All files shall be submitted to the City of
Beverly Engineering Department in accordance with its "Digital Data
Requirements" as may be amended from time to time, which are incorporated
herein by reference, for purposes of incorporating the data into the
City's Geographic Information System.
M.Â
Acceptance by the City. The applicant or future owner of record shall file with the Beverly Planning Board a final plan (acceptance plan) drawn with India ink on tracing cloth (or another method suitable for reproduction) of completed street or streets and any easements together with proper legal descriptions for initiating the acceptance of the ways by the City Council (See § 375-24H.) and upon acceptance by the City shall grant a deed or easement to the City of the streets as contained in the definitive plan; said deed or easement to be recorded by the City Clerk upon acceptance of the streets by the City of Beverly.