A.
No plan shall be deemed to have been submitted to the Board until
the submission materials, including the plan, together with all required
accompanying applications, forms, fees, lists, authorizations, documents,
and calculations, meet the minimum submission requirements of these
rules and regulations.
B.
No subdivision shall be deemed to conform to these rules and regulations
unless it strictly complies with all requirements of these rules and
regulations, with all requirements of the Protective Bylaw of the
Town of Lunenburg,[1] and with relevant provisions of the following:
(1)
All other Lunenburg bylaws, regulations and policy statements.
(2)
All General Laws of the Commonwealth of Massachusetts.
(3)
All regulations of Massachusetts offices, departments, and agencies,
including, but not limited to, Massachusetts Department of Transportation
curb cut permits, Massachusetts Department of Environmental Protection
(DEP) water and wastewater permits, DEP Wetland Protection Regulations,
DEP Stormwater Policies, and filing requirements under the Massachusetts
Environmental Policy Act (MEPA).
(4)
All federal laws.
(5)
All regulations of federal departments and agencies, including,
but not limited to, the Department of the Army Corps of Engineers
and U.S. Environmental Protection Agency permits for stormwater discharges.
C.
Telecommunication and cellular towers. Refer to Schedule L for rules
and regulations of the Town of Lunenburg pertaining to telecommunication
and cellular towers.[2]
[2]
Editor's Note: Schedule L is included as an attachment to this chapter. See also Ch. 330, Telecommunication and Cell Tower Rules and Regulations.
[Amended 10-26-2020]
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 a plan does not require approval under the Subdivision Control
Laws may submit his plan and application (Form A) to the Board or
to the Town Clerk accompanied by the necessary evidence to show that
the plan does not require approval. Said plan shall be submitted either
by delivery or by registered or certified mail. Receipt of the plan
by Town Clerk shall constitute the date of submission. The applicant
will also file the appropriate filing fee to cover the cost of handling
reviews and public meeting expenses.
If the Board determines that the plan does not require approval,
it shall within twenty-one (21) days and without a public hearing
endorse on the plan the words "Planning Board Approval under the Subdivision
Control Law Not Required." If the Board determines that the plan does
require approval under the Subdivision Control Law, it shall within
twenty-one (21) days of submission of said plan so inform the applicant
and return the reproducible original of the plan. The Board shall
notify the Town Clerk of its action.
The applicant shall provide electronic copies of said plan which
meet the current version of the "MassGIS Standard for Digital Plan
Submission to Municipalities" meeting the requirements for Level I
submission standards. Electronic copies of all submission materials
must also be submitted in a PDF format.
(1)
The applicant shall file with the Board:
(a)
A fully completed Form A, the original and nine (9) copies.
(b)
The required Filing Fee.
(c)
One (1) mylar copy of said plan.
(d)
Ten (10) paper copies of said plan.
(e)
One (1) Topographic Plan (drawn at the same scale as the ANR
Plan).
(f)
Completed Compliance Letter from the Board of Health.
(g)
Notarization form (if required).
(h)
Provide written notice (Form A and copy of the plan) to the
Lunenburg Town Clerk by delivery or by registered mail, postage prepaid,
that he/she/they have submitted such a plan with the Planning Board.
B.
Plan Contents. The plan shall be prepared by a Massachusetts Registered
Land Surveyor, shall be clearly and legibly drawn with waterproof
ink upon mylar at a scale not smaller than one (1) inch equals forty
(40) feet or a scale appropriate to project proposed, with the sheet
size not exceeding thirty-six (36) inches by twenty-four (24) inches,
and shall contain the following information:
(1)
North arrow, date, graphic scale, legend, locus, and title,
"Subdivision Approval Not Required."
(2)
The names and addresses of the owner/s of record at the time
of submission of the application, the applicant, and Land Surveyor
(including the official seal).
(3)
Locations, names, lines and widths of all existing streets,
sidewalks, publicly owned trails and shared use paths, and any common
or public areas.
(4)
Location and setbacks of all existing structures on the proposed
site.
(5)
Location, dimensions and purpose of all easements, both existing
and proposed, within and adjacent to the land in question.
(6)
The plan shall show boundary lines (including bearings, distances
and existing permanent monuments), dimensions of all subject lots,
sites of divisions, lot areas (in acres or square feet, as appropriate),
with all lots designated numerically and in sequences.
(7)
Location of all monuments properly identified as to whether
existing or proposed.
(8)
Frontage dimensions of all lots created and the dimensions of
any frontage remaining on the original subdivided parcels, including
the area of any subdivided parcels with a structure and any access
roads/driveways.
(9)
Zoning classification and location of any Zoning District boundaries
that lie within the locus of the plan.
(10)
Suitable space, located in the lower right side of the Plan,
to record the action of the Board and the signatures of members.
(11)
Book and page number from the Worcester North Registry of Deeds
or title reference of subject property.
(12)
A notation reading "Planning Board endorsement under the Subdivision
Control Law should not be construed as either an endorsement or approval
of compliance with Zoning Bylaws, Board of Health requirements or
any other regulations required to make a lot buildable."
(13)
The location and Title V compliance status of any subsurface
sewage disposal system and any potable water supply that serves an
existing structure on any lot or parcel that is subject to the proposed
land division.
(14)
Notice of any decisions issued by the Zoning Board of Appeals
regarding the land and/or buildings depicted on the Plan. This should
include any Special Permits and/or variances.
(15)
The Topographic Plan shall be drawn to include existing contours
at two foot intervals and must include any topographic features which
interfere with the use of the frontage for access, such final determination
to be made by the Board.
C.
Planning Board Action: Before the Board makes its determination,
it shall review or have a consultant review the correctness of all
street information and compliance with the Town of Lunenburg Zoning
Bylaws. If, in the judgment of the Board, consulting services are
necessary or appropriate, the applicant shall be responsible to cover
the full cost of such services prior to the endorsement of the plan.
Where the physical condition or width of a way, from which the
lots shown on the plan have their access, is considered by the Board
to be inadequate either to provide for emergency services or to carry
the traffic which is expected, in the opinion of the Board, to be
generated by such lots, the Board shall determine that the plan does
require approval under the Subdivision Control Law.
Where the Board determines that in its opinion adequate access
(as contemplated by section 81M of the Subdivision Control Law) does
not exist, the Board shall determine that the plan does require approval
under the Subdivision Control Law.
(1)
If the Board determines that the plan does not require approval
under the Subdivision Control Law, the Board, without a public hearing,
will vote to endorse the plan. The Planning Board may add to such
endorsement a statement of the reason or reasons approval is not required.
(2)
The original copy of the plan shall be returned to the applicant,
who shall file it with the Worcester Northern Registry of Deeds and
return a receipt of filing to the Planning Board. The Planning Board
shall also notify the Town Clerk in writing of its action within 21
days of the endorsement.
(3)
If the Board determines that the plan does require approval,
the Board will vote to deny the plan and file a written statement
with the Town Clerk, and mail a copy to the applicant, of its determination
including its reason for denial.
D.
Failure of Board to act. If the Planning Board fails to act upon
a plan submitted under this section or fails to notify the Town Clerk
and the person submitting the plan of its action within 21 days after
its submission, it shall be deemed to have determined that approval
under the Subdivision Control Law is not required and it shall forthwith
make such endorsement on said plan, and on its failure to do so forthwith,
the Town Clerk shall issue a certificate to the same effect.
A.
General. A preliminary plan of a subdivision may be submitted by
the applicant, accompanied by Form B.[1] The submission of such a preliminary plan will enable
the subdivider, the Planning Board, the Board of Health, Conservation
Commission, the Police Department, the Fire Department and other Town
departments 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. It is also recommended that a "concept"
meeting with the Planning Board be requested by the applicant prior
to the preparation of said plan and application to assure that the
requirements of these regulations are understood and will be met.
(1)
Any person who wishes to create a nonresidential subdivision
must submit a preliminary plan, which, to be accepted as duly submitted,
shall be submitted at a regularly scheduled meeting of the Board,
and the applicant shall include the following with the submission:
(a)
The preliminary plan on reproducible material and seven prints
thereof.
(b)
A properly executed Application Form B and Designer's Certificate
Form D.[2]
[2]
Editor's Note: Forms B and D are set forth in Schedule O, included as an attachment to this chapter.
(2)
The applicant shall also, in accordance with MGL c. 41, § 81S,
file a preliminary plan with the Planning Board and the local Board
of Health and a written notice shall be given to the Town Clerk, who
shall provide a receipt.
[1]
Editor's Note: Form B is set forth in Schedule O, included as an attachment to this chapter.
B.
Plan preparation and contents.
(1)
The preliminary plan shall be drawn on reproducible paper or
other reproducible substance with a suitable scale, preferably 40
feet to the inch. The plan shall be designated as a "Preliminary Plan";
and 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:
(a)
The subdivision name, if any, boundaries, North arrow, date,
scale, legend, and index of all pages.
(b)
Each page must contain a title block showing the name of the
subdivision, if any, the date, scale, the names and seals and signatures
and addresses of the engineer and surveyor who made the plan, the
page number and provisions for recording revision dates, including
a written description of each revision.
(c)
The names and addresses of the record owner of the land and
the subdivider, and legend and title "Preliminary Plan," which shall
appear in the lower right-hand corner.
(d)
The names of all abutters, as determined from the last assessment,
and, if the applicant has knowledge of changes in the list, to new
abutters. (Form E, Certified List of Abutters[3])
[3]
Editor's Note: Form E is set forth in Schedule O, included as an attachment to this chapter.
(e)
The locus of the land, drawn at a scale of 1,000 feet to the
inch, shown on the plan with sufficient information to accurately
locate the plan.
(f)
Easements, rights-of-way, covenants or restrictions applicable
to the area shown on the plan.
(g)
The existing and proposed lines of streets, ways, easements
and any public or common areas within the subdivision, in a general
manner.
(h)
Major features of the land such as existing walls, fences, monuments,
buildings, wooded areas, outcroppings, ditches, swamps, water bodies
and natural waterways. Where available, aerial photographs may be
required.
(i)
The proposed system of sewage disposal, water installation and
of drainage in a general manner, including adjacent existing natural
waterways intended to receive drainage effluent.
(j)
The approximate boundary lines of proposed lots, with numbers,
approximate area dimensions, and totaled frontage.
(k)
The names, approximate location and widths of adjacent streets
or streets approaching or within reasonable proximity of the subdivision.
(l)
The topography of the land with a two-foot contour interval
based on the National Geodetic Vertical Datum of 1929. Water bodies
and other elevations shall be shown.
(m)
The proposed names of the proposed streets and a number on each
lot on each proposed street.
(n)
The profiles of existing grades and approximate proposed finished
grades of the roadway and drain and sewer utilities.
(o)
For subdivisions greater than 10 lots, a phasing plan shall
be submitted identifying the limits, sequencing and scheduling of
roadway construction.
(p)
Traffic analysis.
[1]
For all subdivisions, the applicant shall be required to submit
a technical memorandum prepared by a qualified traffic engineer to
provide the following existing street information at proposed new
street intersections:
[2]
In addition, for all subdivisions over 10 lots, or where otherwise
deemed necessary by the Board, the applicant shall furnish a traffic
analysis of the impact of the additional traffic to be generated by
the proposed development on the adjacent ways and intersections. Upon
application, the Board may waive this requirement.
(q)
The applicant shall simultaneously apply for a request for determination
from the Conservation Commission for any wetland impacts resulting
from the subdivision and present this information as part of the preliminary
plan process.
(2)
Additional filing requirements:
(a)
Area of adjoining land and water of the applicant not presently
being subdivided, with a sketch plan showing a feasible future street
layout for such contiguous land.
(b)
A project information summary prepared in accord with Schedule
I.[4]
[4]
Editor's Note: Schedule I is included as an attachment to this chapter.
(c)
The zoning classification of land shown on the plan, together
with any zoning boundary lines within or near the subdivision, if
any.
(d)
Notice of any decisions by the Zoning Board of Appeals, including
but not limited to variances and exceptions regarding the land or
any buildings thereon.
(e)
If the preliminary plan application contains more than one sheet
or drawing, each sheet or drawing must be titled and numbered and
an index showing the contents of each sheet or drawing inserted on
the upper left-hand corner of the "Preliminary Plan" layout, or as
a separate sheet.
(f)
A written, signed and dated document indicating waivers to these
regulations which may be requested or desired, including the purpose
or reason for such waiver.
C.
Approval of a preliminary plan.
(1)
The Planning Board may give such preliminary plan approval,
with or without modification or suggestion, after the Board's review
with the Board of Health, Conservation Commission, Water Department,
Wastewater Commissioners, Department of Public Works, Police Department,
Fire Department and the Planning Board agent. Such approval does not
constitute approval of the subdivision but facilitates the preparation
of the definitive plan and the securing of final approval thereof.
(2)
Approval shall be effective for seven months or until a definitive
plan evolving from the preliminary plan is filed, whichever comes
first. Within 45 days after the submission of a preliminary plan,
the Board shall notify the applicant by certified mail that the plan
has been approved, or that the plan has been approved with modifications
suggested by the Board or agreed upon by the applicant or that the
plan has been disapproved. The Planning Board shall notify the Town
Clerk of its approval or disapproval as the case may be. After endorsement,
the original of the preliminary plan will be returned to the applicant.
D.
Disapproval of a preliminary plan. In the event of disapproval of
a preliminary plan, the Planning Board shall state the reasons for
its disapproval in accordance with MGL c. 41, § 81S, and
the original of the plan shall be returned to the applicant.
A.
General. For a definitive plan to be accepted as duly submitted in accord with these rules and regulations and the General Laws of Massachusetts, any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Planning Board Office all items required in this § 325-3.4 and the required filing fee (See § 325-2.5.). The Planning Board Office will subsequently present the application at a regularly scheduled meeting of the Planning Board. Such submission shall include, as a minimum, the following:
(1)
An original drawing of the definitive plan and 12 contact prints
thereof, dark line on white background, together with five half-scale
reductions thereof and one set of transparencies of the reductions.
(2)
A properly executed application Form C, Application for Approval
of a Definitive Plan, including the time within which the applicant
agrees to complete the ways and install the public utilities in the
subdivision; Form D, Designer's Certificate; and a Certified List
of Abutters, Form E.[1] Approval of the 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.
[1]
Editor's Note: Forms C, D and E are set forth in Schedule O, included as an attachment to this chapter.
(3)
The calculations for the area of all wetlands require to be
shown by these rules and regulations and a letter from the Conservation
Commission indicating concurrence with the wetlands as shown and with
the calculations. In the event that the Conservation Commission does
not provide such a letter and the plan submitted by the applicant
is not accurate or complete, the Planning Board may, at the expense
of the applicant, engage the services of a qualified professional
to verify the wetlands as shown and the calculations of the area.
(4)
If the plan is filed in connection with a special permit application
under § 250-4.2C of the Protective Bylaw of the Town of
Lunenburg,[2] the plan shall show the boundaries of all wetlands as
defined by MGL c. 131, § 40, and 310 CMR 10.00 and as flagged
in the field.
(5)
The applicant shall also file a letter with the Planning Board
at the time of submission, granting permission to the Planning Board
to enter the property for necessary site walks and visits.
B.
Filing procedure.
(1)
The applicant shall file by delivery or registered or certified
mail a notice with the Town Clerk stating the date of submission for
such approval, accompanied by a copy of the completed Application
for Approval of Definitive Plan (Form C).[3]
[3]
Editor's Note: Form C is set forth in Schedule O, included as an attachment to this chapter.
(2)
In accordance with MGL c. 41, § 81T, a written notice
of submission shall be given to the Town Clerk by delivery or registered
mail. Further, in accordance with MGL c. 41, § 81U, a copy
of said plan shall be filed with the Lunenburg Board of Health.
(3)
The definitive plan shall be prepared by a professional engineer
and a land surveyor registered in Massachusetts and shall be clearly
and legibly drawn in black India ink or plotted upon tracing cloth,
Mylar or similar substance to the following standards:
(a)
The classification and precision of surveys shall conform to
Class A or better of the most recent Land Court Manual of Instructions
for the Survey of Land and Preparation of Plans, Commonwealth of Massachusetts.
It is required that all other survey and definitive plan preparation,
where not herein specified, be guided by the Manual of Instructions.
(b)
The plan shall be at a scale of one inch equals 40 feet or such
other scale as the Planning Board may accept to show details clearly
and adequately.
(c)
Plans and profiles of each individual street shall be at a scale
of one inch equals 40 feet horizontal and one inch equals four feet
vertical.
(d)
All elevations shall refer to the National Geodetic Vertical
Datum of 1929. Sheet sizes shall be 24 inches by 36 inches, including
a three-quarter-inch border. All plans shall be accompanied by an
index sheet at a scale of one inch equals 100 feet or one inch equals
200 feet, depending on the size of the subdivision, showing the entire
subdivision and adjacent streets and dimensions of the lots and streets
and lot numbers, and sufficient to identify the location and the access
to the land.
C.
Contents.
(1)
The definitive plan shall contain the following information:
(a)
A title sheet containing the subdivision name, if any, North arrow, legend, title "Definitive Plan," an index or key of all pages and what information is to be found on each page of the plan, a locus map at a scale of one inch equals 1,000 feet, showing all existing Town roads located within 3,000 feet of the site, both within Lunenburg and within adjacent towns with Town boundaries shown, and a location plan as described in Subsection B(3)(d).
(b)
Each page must contain a title block in the lower right-hand
corner showing the name of the subdivision, if any, the date, scale,
the names and seals and signatures and addresses of the engineer and
surveyor who made the plan, the page number and provisions for recording
revision dates, including a written description of each revision.
(c)
North arrow, whether true, magnetic or grid benchmark and so
indicated and boundaries of the subdivision.
(d)
Location and ownership of abutting property as it appears on
Form E, Certified List of Abutters,[4] and if the applicant has knowledge of changes in the list,
to the new abutters, including all abutting land owned by the applicant
not presently being subdivided.
[4]
Editor's Note: Form E is set forth in Schedule O, included as an attachment to this chapter.
(e)
Major features of the land, such as existing waterways, swamps
and water bodies, natural drainagecourses, walls, fences, buildings,
large trees, trails, wooded areas, outcroppings and ditches which
exist on or near the site at the time of survey.
(f)
Lines of existing and proposed streets, ways, lots, lot numbers
or other designation of each lot, easements, trails and public or
common areas within the subdivision and the center-line radius of
all proposed streets. (The proposed names and numbers of proposed
streets and lots shall be shown in pencil until they have been approved
by the Planning Board.)
(g)
Base flood elevation data as shown in the A Zone on the Lunenburg
Flood Insurance Rate Map (FIRM) and the Flood Boundary and Floodway
Maps, dated June 15, 1982, on file with the Town Clerk, Planning Board
and the Building Commissioner.
(h)
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 in accordance with the Massachusetts Department
of Transportation practice. 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 roadways shall have
center-line baselines complete with bearings, distances, curve data,
and stations shown on both lot layout and construction plans. All
angles, points or intersections of tangents along the street lines
shall be shown. Areas of lots with lot numbers and frontage on public
ways as set forth in MGL c. 41, § 81L of adjoining lands
of the applicant not included in the subdivision will be shown.
(i)
Location of all permanent monuments properly identified as to
whether existing or proposed.
(j)
The zoning district classification of land shown on the plan
and the location of any zoning district boundaries that lie within
the locus of the plan and the applicable minimum front, side and rear
yard depths for each lot as is required by the Zoning Bylaw.[5]
(k)
Location, names and present widths of streets or private ways
bounding, approaching or within reasonable proximity of the subdivisions,
showing both roadway widths and right-of-way widths.
(l)
Indication of all easements, covenants or restrictions applying
to the land and their purposes, whether or not within the subdivision,
including any decision on appeal or any variances or exceptions made
by the Zoning Board of Appeals applicable to the subdivision of the
land or any buildings thereon.
(m)
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 plat
with case numbers and other pertinent references to Land Court procedure,
then the same requirement shall apply to any adjoining parcels of
land of the applicant.
(n)
The location of all common drives accompanied by the proposed
declaration of covenants, easements and restrictions.
(o)
Street number(s) from the Assessors' Maps.
(p)
Suitable space to record the action of the Planning Board and
the signatures of all members of the Planning Board and, if applicable,
all members of the Board of Health, including, where appropriate,
the words "Deeds of easements to be recorded herewith" or the words
"Approved subject to covenant conditions set forth in a covenant executed
by __________________, dated _________, and to be recorded herewith."
(q)
Street lines.
[1]
The layout plans shall show sidelines, center lines, points
of tangency, length of tangents, length of curves, intersection angles
and radii of the curve for each street in the subdivision, together
with all buildings, walks, walls, drives and other existing fixtures,
within 100 feet of the side lines of such street. The layout plan
shall also show the proposed system of water supply and sewer, when
applicable, including size, location and elevation of all storm drains,
sewers and water mains and their appurtenances existing in or proposed
for each street. The plan shall also show all underground utilities,
gas, electrical, cable TV and telephone, with legend.
[2]
The layout plan shall have a center line in the layout measured
to 0.01 of a foot and stations at one-hundred-foot intervals in accordance
with the practice of the Massachusetts Department of Transportation.
Each straight portion of the center line shall have a bearing and
distance given on the center line. The point of curvature and point
of tangency of all center-line curves shall be indicated by center-line
stations and radii and length of all center-line curves shall be given
on the plan. Bounds shall be set at the point of curvature and point
of tangency of all curves and shall be described by bearing and offset
from center-line stations.
(2)
Street profiles shall be shown as follows:
(a)
Directly below the layout plan of each street a profile shall
show existing and proposed grades along the center line of the street,
together with figures of elevation at fifty-foot intervals along vertical
uniform grade and at twenty-five-foot intervals along vertical curves.
Profiles shall be plotted at 40 feet to the inch horizontally and
four feet to the inch vertically and be drawn in accordance with Massachusetts
Department of Transportation practice. The drainage and sewerage systems
shall be shown on a profile and inverts of all manholes, catch basins,
culverts shall be given to 0.01 foot. The plan shall show when the
system begins and terminates to existing systems, when applicable.
All elevations given shall be referenced from either the National
Geodetic Vertical Datum of 1929 or from another standard base approved
by the Planning Board.
(b)
All existing and proposed intersections and sidewalks, bikeways
and walkways and utilities (storm drains, water mains and sewer mains,
if any) shall be shown with all proposed grade elevations calculated.
Elevations are to be referred to the National Geodetic Vertical Datum
of 1929. Gradients shall be shown by figures expressed in percent.
(3)
A contour plan shall be shown as follows:
(a)
Existing and proposed topography at two-foot contour intervals
and by symbols the highest known high water mark of the last five
years. There will also be indicated by differentiating symbols the
contour line four feet above said high water mark.
(b)
Grading details shall indicate proposed street grades and elevations,
building site grades and elevations and drainage patterns throughout
the subdivision sufficient to determine the approximate balance between
cut and fill. There shall be a general note indicating the disposition
of topsoil on the site, which note shall include how topsoil will
be handled in areas of cut and fill; how soil will be stockpiled,
if applicable; the minimum amount of topsoil to be redistributed to
the site. No overburden shall leave the site without a transportation
and disposal plan approved by the Board. Refer to Form N.[6] The Board shall have the right to place conditions on
the method and process related to overburden removal from the site.
Such conditions may include a daily reporting system, restrictions
on the rate of removal, transportation routes, wheel cleaning at point
of departure, and remediation of road damage.
[6]
Editor's Note: Form N is set forth in Schedule O, included as an attachment to this chapter.
(4)
A utility plan shall be shown as follows:
(a)
Size and location of existing and proposed water supply mains
and their appurtenances, hydrants, sewer pipes and their appurtenances
and/or storm drains and their appurtenances and easements pertinent
thereto and the design, size and location of sewage disposal systems
and their appurtenances, dimensions of gutters, including data on
borings, soil test pits, 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.
(b)
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 to the Board evidence from the Director of Public Works, the
engineer to the Board or the owner of adjacent property that such
discharge is satisfactory and permitted by public or private ownership
of the adjacent street or property.
(c)
Location of proposed streetlights and sidewalks and pedestrian
lighting (if required) and transformer pads.
(5)
Drainage calculations shall be shown as follows: Drainage calculations
prepared by a registered professional engineer shall be submitted
in a suitable form to substantiate proposed drain pipe sizes along
with amplifying plans outlining drainage areas within and affecting
the subdivision. A plan shall also be submitted showing the route
followed by all drainage discharging from the subdivision to the primary
receiving watercourse or other large body of water. Drainage calculations
and design features and elements shall be prepared in accord with
(1) Stormwater Management — Volume One: Stormwater Policy Handbook
and Stormwater Management — Volume Two: Stormwater Technical
Handbook, March 1997, as prepared by the Massachusetts Office of Coastal
Zone Management and the Massachusetts Department of Environmental
Protection and (2) Highway Design Manual, July 1989, by the Massachusetts
Department of Transportation. The Stormwater Management Form (Volume
One) shall be completed, signed and sealed by the registered professional
engineer preparing the drainage design, and shall be submitted with
the definitive plan.
(6)
A tree plan shall be prepared as follows: 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.
(7)
Cross sections shall be shown as follows:
(a)
A typical section of the proposed street shall be drawn to a
scale of one inch to four feet and shall be properly located and identified
by station number, at such intervals along the street as will adequately
indicate any variations in its section, supplemented where necessary
by lines on the layout plan showing the width and location of proposed
roadways, grass plots, gutters, sidewalks, utilities (storm drains,
water mains and sewer mains, if any) and similar physical features;
provided, however, that where all cross-sections of the street will
coincide with the appropriate cross-section shown on the Board's Typical
Cross-Section Plans (Schedules B and C[7]), such agreement may be indicated by proper notation on
the layout plan and the cross-section drawing may be omitted therefrom.
[7]
Editor's Note: Schedules B and C are included as attachments to this chapter.
(b)
Cuts or fills in excess of six feet at roadway locations resulting
in lots being more than six feet above or below grade of the roadway
shall be substantiated by the submission of cross sections showing
the proposed grading within 200 feet of the roadway on both sides.
Cross sections should be drawn to a scale of one inch to four feet
horizontally and vertically.
(8)
A tabular summary shall be prepared; in tabular form for the
total area in square feet and acreage of the subdivision plan as submitted
(See Form L.[8]):
(a)
The total area which is being subdivided.
(b)
The total area of lots.
(c)
The total of areas dedicated for street purposes, drainage,
sewer or utility easements.
(d)
The total of areas reserved for park, schools and other public
use.
(e)
The total area reserved for open space.
(f)
The total area in wetlands as defined by MGL c. 131, § 40.
[8]
Editor's Note: Form L is set forth in Schedule O, included as an attachment to this chapter.
(9)
An environmental impact statement shall be submitted in accord
with Schedule J.[9]
(a)
Items to be included shall be determined by the Planning Board
based on information contained in the Schedule I filed with the preliminary
plan if such a plan was filed. If not, all items of Schedule J must
be filed.
(b)
The document shall be filed with sufficient information to provide
a basis for general conclusions about the effect on the environment
and the community of the proposed plan compared to any other alternatives
permitted under the Zoning Bylaw.[10] In addition, it shall include a statement in writing concerning
the status of the proposed project in relationship to the removal,
fill or dredge of any bank, flat marsh, meadow or swamp bordering
on any inland water (Wetland Protection Act, MGL c. 131, § 40).
[9]
Editor's Note: Schedule J is included as an attachment to this chapter.
(10)
An erosion/sedimentation control plan shall be prepared, including
the following:
(a)
A clear outline of the areas and type of control proposed.
(b)
A general note indicating the developer's responsibility to
maintain erosion/sedimentation controls during construction and until
sale of the lots involved, including the frequency of maintenance.
(c)
Appropriate details of erosion/sedimentation control devices.
(d)
The outline of any areas, including drainageways, steep slopes
and proposed stockpiles of topsoil that shall be restored and/or seeded
immediately.
(e)
A general note stating that temporary ground cover or erosion/siltation
control shall be established on any unbuilt lots where required by
the Planning Board.
(11)
Traffic study.
(a)
All subdivision submissions, except minor residential subdivisions
(10 houses or less) shall include a traffic study conforming to the
requirements of this section.
(b)
The traffic study shall be prepared by a traffic or civil professional
engineer with at least five years of experience in responsible charge
of traffic studies for comparable projects.
(c)
The traffic study area shall include all intersections and intervening
roadway segments within a one-half-mile radius of the subdivision.
Alternatively, the applicant may elect to allow the Planning Board
to establish the traffic study area.
(d)
Traffic counts must be taken within one year of the date of
submission of the definitive plan, and shall include bidirectional
twenty-four-hour weekday counts and manual turning movement counts
at intersections during the periods 6:30 a.m. to 9:00 a.m. and 4:00
p.m. to 6:00 p.m.
(e)
Trip generation shall be based upon unadjusted trip generation
data taken from the Institute of Transportation Engineers, Trip Generation,
an information report, current edition.
(f)
Trip distribution and traffic assignment shall be projected
based upon quantitative evaluation of population, employment, and
similar data.
(g)
Traffic volumes and intersection level of service shall be developed
for the following cases for each intersection in the traffic study
area:
|
Existing AM Peak Hour
| |
|
Existing PM Peak Hour
| |
|
No-Build AM Peak Hour
| |
|
No-Build PM Peak Hour
| |
|
Build AM Peak Hour
| |
|
Build PM Peak Hour
| |
|
Build with Mitigation AM Peak Hour
| |
|
Build with Mitigation PM Peak Hour
|
(h)
The traffic study shall also address sight distance on all approaches
at all intersections and intervening roadway segments, efficiency
of the proposed subdivision street layout in terms of responsiveness
to traffic desire lines, and accident history of all intersections
and roadway segments.
(i)
For any intersection in the traffic study area where the trips
generated by the subdivision increase the no-build traffic volumes
by more than 5%, the applicant shall fully document the mitigating
measures required to restore existing case level of service, raise
all levels of service to LOS D or higher, and abate above-average
accident occurrence. Mitigation shall include, but is not limited
to, roadway reconstruction, intersection channelization, addition
of turning lanes, signage, pavement markings, lighting, and provision
of traffic signal control systems. The study shall include a detailed
estimate of the cost of all required off-site improvements and shall
clearly state the applicant's financial commitment to fund an equitable
portion of the design or construction of off-site improvements.
(12)
Wetlands. The applicant shall simultaneously apply for a request
for determination of applicability or notice of intent and receive
an order of conditions from the Conservation Commission for any wetland
impacts resulting from the subdivision and present this information
as part of the definitive plan process.
D.
Staking. To facilitate review of the definitive plan by the appropriate
authorities, at the time of filing of the definitive plan, the applicant
shall stake the center line and approximate limits of grading of all
proposed streets at a minimum of every 50 feet with the center-line
stations and the cut or fill dimensions to finish grade marked on
the stakes.
E.
Soil surveys and percolation tests. Where appropriate, the Planning
Board may require, at the expense of the applicant, soil surveys and
percolation tests to establish the suitability of the land for the
proposed storm drainage installations and proposed street construction.
In such case, the applicant shall submit a schedule for this work,
and the Planning Board may elect to have its agent witness these tests.
Subsurface conditions on the tract, location and results of tests
made to ascertain subsurface soil, rock and groundwater conditions,
depth to groundwater, and location and results of soil percolation
tests if individual sewage disposal systems are proposed (on a separate
sheet) and the suitability of the land for the proposed storm drainage
installations, individual sewage disposal systems, if any, and proposed
street construction shall be submitted. Such soil surveys and tests
must be filed with all plans for nonresidential subdivisions or multifamily
residences.
(1)
Test pits, borings or soundings shall be taken along the center
line of each street shown on the plan at intervals of at least every
200 feet and at locations such as cut sections and areas of questionable
foundation material where the subsurface conditions may be, in the
opinion of the Planning Board or its agent, factors affecting the
quality and service life of the street. Test pits shall not be back-filled
until the applicant has been notified by the Planning Board or its
agent that all necessary inspection and sampling has been completed.
Where borings are used, samples shall be taken at five-foot intervals
and at each change in strata. Soundings shall be taken in areas of
unsuitable material for the purpose of determining hard-bottom contours.
Test pits and boring, where required, shall extend to a minimum depth
of five feet below the street profile grade or to bedrock, whichever
is less. The applicant shall indicate, on the plan, a proposed layout
of the subsurface exploration program, complete with location, spacing
and type of exploration proposed.
(2)
Soil surveys, when required by the Planning Board or its agent,
shall include a test excavation not less than seven feet below finished
grade at a frequency of one per lot, the location of which must be
shown on the contour plan and a report thereon; and a percolation
test at a frequency one per lot, the location of which must be shown
on the contour plan and a report thereon. Percolation tests shall
be in accordance with Title 5 of the Commonwealth of Massachusetts
State Environmental Code.
(3)
Floodplains, marshes or seasonal wet areas may be included as
part of a lot, but may not be altered, filled, drained or relocated
and may not be used for building sites, sewerage disposal areas or
ways.
(5)
All information concerning the test pits, borings or soundings
(location by station number, depth, soil strata, depth of water table)
shall be submitted to the Board in a written report to be made, evaluated,
stamped and signed by a registered professional engineer.
F.
Other requirements. Review by Board of Health as to suitability of
the land (See Schedule K[12]). At the time of filing of the definitive plan, the applicant shall also file with the Board of Health two contact prints of the definitive plan, dark line on white background, together with such information in the nature of percolation tests and deep test holes as the Board of Health may require plus the information requested on Schedule K, Board of Health Review. The Board of Health shall, within 45 days after filing of the plan, report to the 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 purposes without injury 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, including the unified planned residential lot (PRA) under special permit (Chapter 250, Zoning, § 250-5.5), shall be provided with a sewage system or a sewer connection satisfactory to the Lunenburg Board of Health and the Lunenburg Planning Board and/or their agents.
[12]
Editor's Note: Schedule K is included as an attachment to this chapter.
G.
Review by other Town officials.
(1)
The Planning Board will transmit copies of the definitive plan
to Town officials other than the Board of Health as follows: one copy
each to the Department of Public Works, the Conservation Commission,
the Water District (if applicable), the Fire Department, the Police
Department, the Wastewater Commissioners (if applicable), and the
Planning Board agent.
(2)
Before the definitive plan is approved, the Planning Board will
request written statements from the above officials with regard to
the proposed improvements in the following respects:
(a)
The Department of Public Works, Water Department, Wastewater
Commissioners, and/or Planning Board agent as to the design of the
street system, location of easements, monuments, streetlights, drainage
system, water system, and, if applicable, the sewage system.
(b)
The Fire Department as to location of hydrants, or water sources
for fire-fighting purposes, installation of the alarm system (if applicable),
emergency access, adherence to building codes, and certification from
Water District of sufficient water pressure.
(c)
The Conservation Commission as to potential involvement with
MGL c. 131, § 40 and the effects of the subdivision on streams,
wildlife, and similar considerations within the scope of the Conservation
Commission.
(d)
The Police Department for public safety and traffic issues.
(e)
The Water District for compliance with standards, impacts of
demand and fire flow adequacy.
(f)
Wastewater Commissioners for compliance with standards and review
of sewer extension permit application.
(g)
Selectmen for general information and comment.
H.
Common driveways. When a common driveway is shown on the plan, before
final approval of the plan the Planning Board must approve:
(1)
An agreement between the owner or developer and the Town of
Lunenburg prohibiting the sale of lots and erection of buildings until
such time as the common driveways have been constructed in accordance
with the approved plan.
(2)
A declaration of covenants, easements and restrictions for the
use and maintenance of said common drives.
I.
Public hearing. Before taking any action to approve, modify and approve
or disapprove a definitive plan, the 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 once in each of two successive weeks, the first
publication to be not less than 14 days before the date of the hearing
in a newspaper of general circulation in the Town of Lunenburg and
by mailing a copy of such advertisement to the applicant and to all
owners of land abutting the land shown on the plans and on the most
recent tax list and to all owners of land within 500 feet of a property
line of the subdivision.
J.
Planning Board procedures.
(1)
The procedure that the Planning Board will follow with regards
to approval, disapproval or modification of the final plan submitted
by the applicant will be that as set forth in MGL c. 41, § 81U,
as amended. In summary, the Board, after receiving the definitive
plan and profiles, will review the same to determine whether they
are in compliance with its adopted rules and regulations and the Zoning
Bylaw.[13]
(2)
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 his approval of definitive plan or such other time as the applicant shall specify in writing. 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, 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 the agreed-upon time shall thereafter be completed in accordance with the then-in-force requirements and construction standards of the Planning Board and with applicable General Laws. The Board may waive the requirement if the Phased-Growth Bylaw impedes the full development. See also Subsection P of this section.
(3)
Before approval of the definitive plan, the Board will submit the plan to an independent engineering service for review at the applicant's expense (refer to § 325-2.5, Fees and Costs).
(4)
Before final approval of the plan, the applicant shall establish
that the lots in the definitive plan are in conformity with the Lunenburg
Zoning Bylaw[14] and that failure of the lots to so comply will be adequate
grounds for disapproval of the definitive plan. See MGL c. 41, § 81Q,
and amendments thereto. The Planning Board may approve the plan subject
to conditions as may be necessary to bring the plan into compliance.
In such event, the Board shall endorse such conditions on the plan
to which they relate, or set forth 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. Before final approval, all necessary permits under Chapter
131 of the General Laws, the Massachusetts Department of Transportation,
the Massachusetts Department of Environmental Protection, and other
applicable permitting authorities shall be obtained and the applicant
shall notify the Planning Board of any changes in the plan required
by said permit or permits.
(5)
The Planning Board may extend the ninety-day period or the one-hundred-thirty-five-day
period, whichever is applicable, permitted by statute between submission
of a definitive plan and action thereon upon written request of the
applicant.
(6)
If the Board fails to act upon a definitive plan for a nonresidential
subdivision submitted under this section or for a residential subdivision
for which a preliminary plan was submitted and acted upon by the Board,
or 45 days have elapsed since the submission of the preliminary plan
and the Board has taken no action thereon or fails to notify the Town
Clerk and the persons submitting the plan of its action, within 90
days after its submission, or within 135 days after its submission,
for all other subdivisions, whichever is applicable, it shall be deemed
to have approval under the Subdivision Control Law and the Planning
Board shall forthwith make such endorsement on said plan, and on its
failure to do so forthwith, the Town Clerk shall issue a certificate
to the same effect.
K.
Certificate of approval.
(1)
The action of the Planning 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, return receipt
requested, to the applicant. If the Planning Board modifies or disapproves
such plan, it shall state in its vote the reasons for its action and
shall rescind such modification and/or disapproval if the plan is
amended to conform to the reasons for said Planning Board action and
resubmitted to the Board within seven months of the date of said action.
Failure of the applicant to so resubmit within the stated seven-month
period shall void the plan and application. Any further action on
a plan involving the area or any part thereof shall require a new
application in accord with the rules and regulations in force at the
time of the new application. Final approval, if granted, shall be
endorsed on the original drawing of the definitive plan by the signatures
of a majority of the Planning Board but not until the statutory twenty-day
appeal period has elapsed following the filing of the Board's certificate
of approval on Form C-1, or disapproval on Form C-2,[15] as the case may be, with the Town Clerk and said Clerk
has notified the Board that no appeal has been filed. After the definitive
plan has been approved and endorsed, the Planning Board shall return
the original to the applicant.
[15]
Editor's Note: Forms C-1 and C-2 are set forth in Schedule O, included as an attachment to this chapter.
(2)
Approval of the definitive plan does not constitute the laying
out or acceptance by the Town of streets within a subdivision.
(3)
The endorsement of plan approval by the Planning Board shall be valid for a period of two years from the date of said approval or such other period of time as is specified in Subsection L. Prior to the expiration of the approval period, the developer and/or owner shall request in writing to the Planning Board an extension of time if necessary. Failure to request an extension of time prior to the expiration of the approval period shall result in the Planning Board notifying the Building Commissioner that no additional building permits should be issued in said development. The request or extension shall state the reasons for said extension and also the length of time requested. Extension of time shall not in any case exceed one year. Additional extensions after the first may be applied for but not until at least 10 months have expired on the extension in effect.
(4)
The applicant shall file the approved definitive plan and covenant,
if any, at the Registry of Deeds and shall notify the Planning Board
in writing, presenting evidence of the recording of the plan and all
covenants within 10 days of said filing. The applicant shall deliver
to the Planning Board two copies of the approval and recorded definitive
plan, one 105 mm negative and one copy of a certificate of title duly
searched and executed by an attorney or title company stating that
the title to the premises shown on said plan and appurtenances thereto
is in the name of the applicant and free of all encumbrances, or including
an affidavit giving full details of all encumbrances. In addition,
the applicant shall file one copy of the approved and recorded definitive
plan each with the Board of Health, Conservation Commission, Assessors'
Office, Water District, Wastewater Commissioners, Police Department
and Fire Department.
L.
Performance guarantee. Before endorsement of the Board's approval
of a subdivision, the Board shall require that:
(1)
The subdivider shall specify in writing the time within which the construction of ways and installation of municipal services required in Article V shall be completed, which time shall be two years unless the subdivider stipulates otherwise.
(2)
The subdivider shall secure the construction of ways and installation
of municipal services by one, or in part by one and in part by another,
of the following methods (MGL c. 41, § 81U):
(a)
By a proper bond, sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal services required in Article V for lots in the subdivision shown on the plan. See Form F.[16]
[16]
Editor's Note: Form F is set forth in Schedule O, included as an attachment to this chapter.
(b)
By a deposit of money or negotiable securities, sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal services required in Article V for lots in the subdivision shown on the plan. See Form G.[17]
[17]
Editor's Note: Form G is set forth in Schedule O, included as an attachment to this chapter.
(c)
By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the ways and services required in Article V shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to all applicable portions of the covenant, including that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. See Form H.[18]
[18]
Editor's Note: Form H is set forth in Schedule O, included as an attachment to this chapter.
(d)
By delivery to the Planning Board of an agreement (tri-partite)
executed after the recording of a first mortgage covering the premises
shown on the plan or a portion thereof given as security for advances
to be made to the applicant by the lender, which agreement shall be
executed by the applicant and the lender and shall provide for retention
by the lender of funds (otherwise due the applicant) sufficient, in
the opinion of the Planning Board, to secure the construction of ways
and the installation of municipal services. Said agreement shall also
provide a schedule of disbursements which may be made to the applicant
upon completion of various stages of the work and shall further provide
that in the event the work is not completed within the time set forth
by the applicant, any funds remaining undisbursed shall be available
to the Town for completion. See Form M.[19]
[19]
Editor's Note: Form M is set forth in Schedule O, included as an attachment to this chapter.
(3)
The subdivider shall submit an agreement, suitable for recording, executed by the Planning Board and the applicant setting forth the form of the guarantee and the stipulated time for completion of improvements as required in Subsection L(1) and (2) which shall be recorded in the Registry of Deeds by the subdivider and a receipt therefor be delivered to the Planning Board.
M.
Reduction of performance guarantee. The penal sum of any such bond held under Subsection L(2)(a) or any deposit held under Subsection L(2)(b) or any amount of funds retained pursuant to an agreement under Subsection L(2)(d) shall bear a direct and reasonable relationship to the expected cost, including the effects of inflation, necessary to complete the subject work. Such amount or amounts shall from time to time be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed.
N.
Release of performance guarantee.
(1)
Upon completion of improvements required under Article V, security for the performance of which was given by bond, deposit, covenant or agreement, or upon the performance of any covenant with respect to any lot, the developer or owner, at his expense, shall cause to be published in a newspaper of general circulation in the Town of Lunenburg, at least 14 days prior to the final release of the performance bond or surety, an announcement that such release is contemplated and shall deliver to the Planning Board a copy of the page containing a copy of the announcement. He shall also send by registered mail to the Town Clerk and the Planning Board a written statement that the construction or installation in connection with which such bond, deposit, covenant, or agreement has been secured has been completed in accordance with the requirements contained under Article V, such statement to contain:
(a)
Name and address of applicant.
(c)
Copies of or reference to the requisite number of inspection
forms and reports.
(e)
Written evidence from the Planning Board's engineering consultant
as to construction of all ways and sidewalks, installation of monuments,
street signs, traffic signs, pavement, lighting, gutters and curbs,
required grading and drainage, water mains, hydrants and appurtenances,
adequate lot drainage, planting and seeding, all in accordance with
the definitive plan.
(f)
Written evidence from the Board of Health as to the installation
of on-site sewage disposal facilities, if applicable, or Wastewater
Commissioners in the case of public sewers, all in accordance with
the definitive plan.
(g)
Written evidence from the Chief of the Fire Department as to
the installation of the fire alarm system, all in accordance with
the definitive plan.
(2)
If the Planning Board determines that said construction has
been completed, it shall notify the Town Treasurer within 45 days,
on a properly execute Form I, Release Form,[22] that it releases the interest of the Town in such bond
or deposit and that it shall be returned to the person or persons
who furnished same, or, in the case of a covenant, it shall issue
a written release of the covenant on a properly executed release form.
However, a maintenance guarantee providing surety equal to 10% of
the total value of the work within the subdivision shall be held by
the Town for the proper maintenance of streets and municipal services
for 18 months after completion of construction and installation or
until the streets are accepted by the Town, whichever comes first,
after which date the Town shall return the remainder of the bond to
the person or persons who furnished same.
[22]
Editor's Note: Form I is set forth in Schedule O, included as an attachment to this chapter.
(3)
If the Planning Board determines that said construction or installation or filing of the as-built plan has not been completed, it shall specify to the Town Clerk and the developer in writing by certified mail the details wherein said construction and installation shall have failed to comply with requirements contained under Article V. Upon failure of the Planning Board to act on such application within 45 days after the receipt of the application by the Town Clerk and the Planning Board, all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned and any such covenant shall become void.
(4)
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 Town Clerk shall issue
a certificate to such effect, duly acknowledged, which may be recorded.
O.
Acceptance by the Town.
(1)
The subdivider shall file with the Planning Board a final as-built
plan on tracing cloth, Mylar or similar substance of completed street
or streets, utilities and easements, together with proper legal descriptions
for initiating an article in the Town Warrant pursuant to the acceptance
of the ways by the Town Meeting and shall grant a deed to the Town
of the streets, utilities and easements, as contained in the plan,
said deed to be recorded by the Town upon acceptance of the streets
by the Town Meeting. The as-built plan shall include:
(a)
Actual bound locations.
(b)
Profile of center line.
(c)
Benchmarks used.
(d)
Actual location of all utilities, including inverts of all drains
and culverts.
(e)
The revised road pavement center line alignment shall be calculated,
staked out and shown on the as-built plans.
(f)
Any other changes authorized by the Planning Board.
(g)
Certification of accuracy to Land Court standards.
(h)
Subdivision lot lines.
(j)
Location of utility service connections to individual lots.
(k)
Location of driveways.
(l)
Location of curb cuts.
(m)
Streetlights.
(n)
Mail boxes.
(2)
The surveyor shall place a certification on the plan stating:
"The street (or way or portion thereof) is laid out and the bounds
have been set as shown on this plan"; and shall be dated, signed and
the surveyor's stamp affixed thereon.
P.
Phasing. If a subdivision is to be constructed in phases, each phase shall be completed before the next in sequence is begun, unless written permission of the Planning Board is obtained. The permissible number of residential building permits issued per year is set by § 250-4.11 of the Protective Bylaw of the Town of Lunenburg.[24] Section 250-4.11C(1) specifically limits the number of building permits that may be issued per year for the construction of residential dwelling units in a subdivision.
[24]
Editor's Note: Former Section 4.11, Phased growth for subdivision,
planned residential area, and mixed residential development, was repealed
at time of adoption of Code.
