A preliminary plan of a subdivision should be submitted by the
subdivider to the Planning Board, Board of Health, and Water District
for approval. The submission of such a preliminary plan will enable
the subdivider, the Planning Board, and other municipal agencies and
owners of property abutting the subdivision to discuss and clarify
the problems of such subdivision before a definitive plan is prepared.
Therefore, it is strongly recommended that a preliminary plan be filed
in every case. In accordance with MGL c. 41, § 81S, in the
case of a nonresidential subdivision, any person, before submitting
a definitive plan for approval, shall submit to the Planning Board
and the Board of Health a preliminary plan.
A.
If the applicant decides to or is required to submit a preliminary
plan, he shall submit nine prints of his plan and application Form
B (see appendix[1]) to the Planning Board, accompanied by a fee for handling,
in accordance with the Fee Schedule (see appendix), together with
all other information and documentation as required in these rules
and regulations. The applicant should simultaneously file one print
with the Board of Health and the Water District along with other necessary
information and documentation.
[1]
Editor's Note: The appendixes are available in the Town offices
and on the Town website: www.southhadley.org.
B.
The applicant may submit a preliminary plan to the Planning Board
office during working hours, or to the Planning Board either by delivery
at a regular or special meeting of said Board, or by delivery or registered
mail, postage prepaid, in care of the Town Clerk. In either case,
written notice (a copy of Form B) shall be filed, by delivery, or
registered mail, postage prepaid, with the Town Clerk, stating the
date of submission for such approval. If the notice is given by delivery,
the Town Clerk shall, if requested, give a written receipt therefor.
C.
Receipt by the Planning Board or date of mailing of such notice,
plans and such documentation as may be required in these rules and
regulations shall constitute the effective date of submission.
The preliminary plan may be drawn in pencil on tracing paper,
preferably at a scale of one inch equals 40 feet on a sheet size of
24 inches by 36 inches, and shall show at least the following information:
A.
The subdivision name, boundaries, zoning district, true North arrow,
date, scale, legend and title "Preliminary Plan."
B.
The names and addresses of the owners of record, the applicant and
the registered civil engineer and/or land surveyor.
C.
The names of all abutters as determined from the most recent tax
list, and book and page from the Registry of Deeds.
D.
Existing and proposed lines of streets, rights-of-way, easements
and any public or common areas within the subdivision.
E.
Location, names and present widths of adjacent streets.
F.
Location of natural waterways and water bodies within and adjacent
to the subdivision.
G.
Boundary lines of all proposed lots, with approximate dimensions
and lot areas in square feet.
H.
The existing and proposed topography in a general manner.
I.
Proposed storm drainage and sanitary sewerage systems, including
location, size, direction of flow of existing and proposed sewers,
culverts, and storm drains, in a general manner.
J.
Proposed water systems, in a general manner.
K.
Profiles of proposed streets, on a horizontal scale of one inch equals
40 feet and a vertical scale of one inch equals four feet, showing
existing and proposed grades along the center lines.
L.
A sketch plan of the applicant's contiguous unsubdivided land,
showing possible or contemplated development and street layout.
A.
After submission, the preliminary plan will be reviewed by the Planning
Board, Board of Health and other municipal agencies and departments
to determine whether it is in compliance with the design standards
as set forth in these rules and regulations and with additional requirements
of other municipal agencies and departments.
B.
Within 45 days after submission of the preliminary plan, both the
Planning Board and the Board of Health shall approve, or approve with
modifications suggested by the Board or agreed upon by the applicant,
or disapprove said preliminary plan, and in the case of disapproval,
the Board shall state in detail the reasons for its disapproval.
C.
The Planning Board shall file a certificate of its action with the
Town Clerk, and shall send notice of its action by certified mail
to the applicant. Failure of the Planning Board to act upon a preliminary
plan within 45 days after submission shall be deemed to constitute
approval of such plan.
D.
Except as is otherwise expressly provided, the provisions of the
Subdivision Control Law relating to a definitive plan shall not be
applicable to a preliminary plan, and no Register of Deeds shall record
a preliminary plan. Furthermore, approval of a preliminary plan does
not, in any way, constitute such approval so as to authorize the owner
to proceed with construction of streets or other work in the subdivision.