Prior to investing in extensive professional design efforts for subdivision plans, it may be beneficial for the prospective applicant to discuss his ideas with the Planning Board. It may be useful in avoiding problems at a later stage of the subdivision review process. Pencil sketches of the prospective subdivision will be helpful in the discussion.
A.
A preliminary plan of a subdivision may be submitted by the subdivider to the Planning Board and to the Board of Health for discussion and tentative approval, modification or disapproval by each Board. However, in the case of a nonresidential subdivision, a preliminary plan must be filed. The submission of such a preliminary plan will enable the subdivider, the Planning Board, the Board of Health, 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 each case. A properly executed application Form B[1] shall be filed with the preliminary plan submitted to the Planning Board.
[1]
Editor's Note: Form B is on file in the office of the Town Clerk.
B.
Filing procedure.
(1)
Any person who submits a preliminary plan shall do so by delivery to the Planning Board at a meeting of said Board or by certified or registered mail to the Planning Board, care of the Town Clerk. Receipt of such plan by the Planning Board or Town Clerk shall constitute the date of submission. Such plan shall be accompanied by the completed Form B and a filing fee of $300, plus $50 per lot, in the form of a certified check or money order made payable to the Town of Whately.
(2)
The applicant shall file the original drawing(s) or suitable reproducible(s) and four copies with the Planning Board and two copies with the Board of Health.
C.
Contents. The preliminary plan shall be drawn at a scale of one inch to 40 feet on a sheet of paper 24 inches by 36 inches. The plan shall include the following:
(1)
The subdivision name, boundaries, true North arrow, date, scale, legend and title "Preliminary Plan."
(2)
The names and addresses of the owners of record, the applicant and the engineer or surveyor.
(3)
The names of all abutters, as determined from the most recent tax list.
(4)
Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision, in a general manner.
(5)
The proposed system of drainage, including adjacent existing natural waterways, in a general manner.
(6)
The proposed sanitary sewer system and water distribution system, in a general manner.
(7)
The approximate boundary lines proposed, with approximate areas and dimensions.
(8)
The names, approximate locations and widths of adjacent streets.
(9)
The topography of the land, in a general manner.
(10)
An index plan at a scale of one inch equals 200 feet, when multiple sheets are used.
(11)
A key plan at a scale of one inch equals 1,000 feet.
(12)
Initial findings, in a general way, of the environmental impact analysis required within the definitive plan.
(13)
In the case of a subdivision covering less than all of the land owned by the subdivider, a plan showing, in a general manner, the proposed overall development of all said land.
A.
General.
(1)
A definitive plan shall be governed by the Subdivisions Regulations in effect at the time of submission of such plan or in effect at the time of submission of a preliminary plan, provided that a definitive plan evolved therefrom and shall have been submitted to the Planning Board within seven months of the date of submission of the preliminary plan.
B.
Filing procedure.
(1)
Any person submitting a definitive plan of a subdivision shall do so by delivery to the Planning Board at a meeting of said Board and shall give written notice to the Town Clerk by delivery or by registered or certified mail. Receipt of such plan by the Planning Board or Town Clerk shall constitute the date of submission.
(2)
The applicant shall file with the Planning Board the following:
(a)
An original reproducible drawing of the definitive plan and three contact prints thereof, plus one contact print with the Board of Health. The original drawing will be returned to the applicant after a decision on the plan by the Board.
(c)
A filing fee of $500 per plan, plus $75 per lot shown on the definitive subdivision plan, if a preliminary plan has been filed. If no preliminary plan has been filed, then the filing fee shall be $500 per plan, plus $200 per lot shown on the definitive subdivision plan. The filing fee shall be in the form of a certified check or money order made payable to the Town of Whately. Any additional expenses for professional assistance related to the application, including the review of the plans, survey or inspections, shall also be paid by the applicant.
C.
Contents.
(1)
The definitive plan shall be prepared by a registered civil engineer and/or registered land surveyor. It shall be clearly and legibly drawn in black ink upon paper or Mylar. The plan shall be at a scale of one inch to 40 feet, unless otherwise specified by the Planning Board. Sheet size shall not exceed 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The data required below may be on separate sheets as is necessary.
(2)
The definitive plan shall have the following information:
(a)
The subdivision name, boundaries, true North arrow, date, scale, legend and bench mark. All elevations shall be to the United States Geological Survey bench marks if within 500 feet of the subdivision.
(b)
The names and addresses of the owners of record, the applicant, the engineer and/or surveyor and/or their official seals.
(c)
The names of all abutters, as determined from the most recent tax list.
(d)
Existing and proposed lines of streets, rights-of-way, easements and public or common areas within the subdivision. Proposed names of new streets shall be shown in pencil until they have been approved by the Planning Board.
(e)
The location, names and present widths of street(s) bounding, approaching or within reasonable proximity of the subdivision.
(f)
Zoning districts of all the areas shown on the plan.
(g)
A key plan showing the location of the subdivision at a scale of one inch equals 1,000 feet and an index plan at a scale of one inch equals 200 feet or at a scale matching that used on the Assessors' maps.
(h)
Existing (solid line) and proposed (broken line) topography at two-foot contour intervals, including the finished grade of all lots.
(i)
Lot numbers and areas of lots.
(j)
The location of all natural waterways and water bodies within and adjacent to the subdivision.
(k)
The location of significant site features, such as existing stone walls, fences, buildings, large trees exceeding 10 inches in diameter at breast height, floodplains and rock outcroppings.
(l)
The locations of all permanent monuments, properly identified as to whether proposed or existing.
(m)
The location and results of all percolation tests to evaluate subsurface conditions for each lot in the prospective subdivision. The tests will be done in accordance with the State Sanitary Code.
(n)
The size and location of existing and proposed water supply facilities.
(o)
Sufficient data, including the length, bearings, radii and central angle, to determine the exact location, direction and length of every street, way, lot line and boundary line and to establish these lines on the ground. If the proposed subdivision is within 500 feet of a monument of the Massachusetts Coordinate Mapping System, it shall be tied into said system.
(p)
Profiles shall be prepared as follows:
[1]
A horizontal scale of one inch equals 40 feet shall be used.
[2]
A vertical scale of one inch equals four feet shall be used.
[3]
The existing grade of the road center line shall be drawn in a fine black solid line.
[4]
The existing right side line shall be drawn in a fine black dotted line.
[5]
The existing left side line shall be drawn in a fine black dashed line.
[6]
All elevations shall refer to the United States Coast and Geodetic Survey bench marks if within 500 feet of the proposed subdivision.
[7]
Proposed roadway center-line grades shall be drawn in heavy red lines with precise elevations at points of vertical tangency, points of vertical contact, high point and low point.
[8]
Rates of roadway gradient shall be shown in percentage.
[9]
The size, location and rates of gradient of proposed stormwater drains, sewer lines, catch basins and manholes, as well as required new waterways and sizes of all pipes shall be shown.
[10]
The invert and rim elevations of each manhole or catch basin shall be shown.
[11]
As long as the work is related to the proposed subdivision, profiles shall be shown, even if the new work is outside said subdivision.
[12]
Water mains will be shown in profile to demonstrate sufficient clearance of other structures.
[13]
The size and location of all other utilities to be placed in the right-of-way shall be shown. These shall be placed so as to minimize flood damage.
[14]
The location of any intersected public or private way shall be shown.
(q)
Cross sections shall include street sections showing paving, crown, berm, shoulder and distance to the right-of-way line, as well as cross sections for any drainage trench.
(r)
Suitable space to record the action of the Board and signatures of Board members.
(s)
Any other information that the Board may deem necessary.
D.
Environmental impact report.
(1)
In order to more fully ensure the health, safety and welfare of the Town of Whately and its inhabitants, all prospective subdivisions of 10 or more lots and/or 10 acres in size shall be required to submit a detailed environmental impact report. Further, the Board may require said report or portions of it for smaller subdivisions where the information contained in such a report would be necessary to evaluate the prospective subdivision's impact upon a particular piece of land. The report would include the following:
(a)
A description of the topography, geology and soil characteristics of the proposed subdivision and contiguous area and an analysis of the natural land features to sustain the proposed development; an analysis of stormwater runoff, soil erosion and other potential land capability effects of the proposed subdivision; and a description of the measures planned to protect the natural land features against potential deterioration resulting from the proposed subdivision.
(b)
Identification of surface and subsurface water features within the proposed subdivision, as well as those water features potentially affected by it, including underground aquifers, brooks, streams, rivers, lakes and wetlands, and a description of the measures planned to protect those surface and subsurface features against potential deterioration resulting from the proposed subdivision.
(c)
A description of special physical conditions existing within the proposed subdivision (e.g., floodplains, unique landscape features, etc.) and a description of the measures to accommodate these special conditions.
(d)
An analysis of airborne emissions to be generated by the proposed subdivision or incident to it, in relation to state and federal air pollution standards, as well as nearby off-site emission sources potentially affecting air quality of the proposed subdivision.
(e)
Identification of any existing or potential on- or off-site sources of noise which might significantly inhibit speech or sleep (above 50 dBA) and a description of the measures to alleviate the problem.
(f)
Identification of any notable aesthetic characteristics on or near the proposed subdivision, including features of historical, architectural, archaeological or scenic interest, and a description of the measures designed to protect these aesthetic features.
(2)
A biotic study.
(a)
A description of the biotic community, listing types of vegetation and animals found within the proposed subdivision and contiguous area.
(b)
Identification of any rare or endangered species potentially affected by the proposed subdivision, a description of any potential disruption of wildlife habitat which may result from the proposed subdivision and the methods to be taken to limit the loss of wildlife habitat.
(3)
A land use study.
(a)
An analysis of land use within the proposed subdivision in relation to surrounding land uses and especially as it affects any loss of farmland or decrease in farm production.
(b)
An assessment of the economic impact of the proposed subdivision upon education (the number of additional children in the school system), the demand for municipal services and facilities (water, sewage treatment, solid waste management, road maintenance, fire and police protection and recreation), traffic, utilities and streetlights.
E.
Review by the Board of Health. At the time of the filing of the definitive plan with the Planning Board, two copies shall also be filed with the Board of Health. The Board of Health shall report, in writing, to the Planning Board and subdivider its approval or disapproval of said plan. In the event of disapproval, it shall make specific findings as to which, if any, of the lots shown on said plan cannot be used as building sites without injury to the public health. The Board of Health shall include specific findings and the reasons therefor in such report, and, where possible, it shall make recommendations for adjustments necessary for the plan's approval. Any approval by the Planning Board shall be on the condition that lots deemed injurious to the public health shall not be built upon without prior consent of the Board of Health. The Planning Board shall endorse on the plan such conditions, specifying the lots to which said conditions apply. Failure by the Board of Health to report on the proposed subdivision within 45 days after the filing of the plan shall be deemed approval of the plan by the Board of Health.
F.
Compliance with the Wetlands Protection Act. In accordance with MGL c. 131, § 40, no person shall remove, fill, dredge or alter any watercourse, pond, floodplain or wetland without filing written intention to perform said work with the local Conservation Commission and with the Commonwealth Department of Environmental Protection. Permission for such work must be obtained from the Conservation Commission.
G.
Public hearing.
(1)
Before approval, modification, or disapproval of the definitive plan is given, a public hearing shall be held by the Board. Said public hearing shall be held after the Board of Health makes its report or after the forty-five-day period to report expires. Notice of the specific time and place shall be given by the Board at the expense of the applicant by advertisement in a newspaper of general circulation in the Town of Whately once in each of two successive weeks, the first publication being not less than 14 days before the date of such hearing. A copy of the definitive plan shall be available to the public through the Town Clerk's office not less than 14 days before the date of the public hearing.
(2)
A copy of said notice of public hearing shall be mailed by the Board, by registered or certified mail, to all owners of land abutting the proposed subdivision and to the abutters of the abutters within 300 feet of the site. The Planning Board shall also send notice of a public hearing to the following: the Selectboard, the Board of Health, the Conservation Commission, the Fire Department, the Superintendent of Schools, the Building Inspector and the Highway Superintendent. The expense of these notifications shall be borne by the applicant.
[Amended 11-12-2024]
H.
Approval, modification or disapproval. After the required public hearing but within 90 days of the date of submission, in the case of a subdivision where a preliminary plan has been filed, the Planning Board shall take final action upon the definitive plan. It shall approve the plan as submitted, approve the plan with modifications, or disapprove the plan. If the Board modifies or disapproves the plan, it shall state with its vote reasons for its action. In the case of a subdivision plan where no preliminary plan has been submitted, the Planning Board shall take final action within 135 days of the date of submission.
I.
Performance guaranty. Before endorsement of the Board's approval upon a definitive plan of a subdivision, the applicant shall agree to complete the required improvements specified in Article VI of these rules and regulations for all lots within the subdivision within a specified period of time.
(1)
Such construction and installation shall be secured by one, or in part by one and in part by another, of the following methods:
(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 for the lots, and the Planning Board shall require that the applicant specify the time frame within which such construction shall be completed;
(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 for the lots, and the Planning Board shall require that the applicant specify the time frame within which such construction shall be completed;
(c)
By a covenant executed and duly recorded by the owner of record and running with the land whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed, and the Planning Board shall require that the applicant specify the time frame within which such construction shall be completed; or
(d)
By an agreement between the applicant and the lender executed after the recording of the 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 provide for the retention by the lender of funds sufficient in the opinion of the Planning Board to secure the construction of ways and installation of municipal services, and the Planning Board shall require that the applicant specify the time frame within which such construction shall be completed.
(2)
The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest. Full security shall not be released until the integrity of road pavement and drainage has been verified following a full winter of use, until trees and other vegetation have been established, until either the way has been duly laid out and accepted as a public way or other provisions for its continued maintenance have been accepted by the Board and until the record ("as-built") plans have been received.
J.
Endorsement.
(1)
Upon approval of the definitive plan, a majority of the Board shall endorse it. This shall be done following the twenty-day statutory appeals period, provided that the Town Clerk notifies the Board that no appeal has been filed within this period. After the approved definitive plan has been endorsed, the applicant shall file with the Board one reproducible copy and three contact prints of said definitive plan.
(2)
Approval of the definitive plan does not constitute the laying out or acceptance by the Town of Whately of streets or easements within a subdivision.
(3)
A failure by the applicant to request endorsement of the plan or failure by the applicant to provide an adequate performance guaranty within six months of the Planning Board's vote of approval shall be deemed to be a denial of the plan.
K.
Evidence of performance and release of performance guaranty.
(1)
Requirements. Before the Board shall fully release the interest of the Town in a performance bond, deposit or covenant, the Board shall require the following:
(a)
Written evidence from a registered civil engineer of the Board's choosing that the streets and drainage pattern conform to the Planning Board's requirements in accordance with the definitive plan.
(b)
Written evidence from a registered civil engineer of the Board's choosing that the water mains, sanitary sewers, storm sewers and hydrants conform to specifications and the Board's requirements in accordance with the approved definitive plan.
(c)
Written evidence from a registered land surveyor of the Board's choosing that all permanent bounds and monuments on all street lines and on the lot or lots within the subdivision are in place and are accurately located in accordance with the approved definitive plan.
(d)
Written evidence from a registered civil engineer of the Board's choosing that the streets and drainage system shall have been in use through one full winter and shall have performed as designed.
(e)
All fees to cover inspection for release of the performance guaranty have been paid by the applicant.
(2)
Upon completion of all said improvements and satisfaction of the above requirements, the applicant shall notify the Board and the Town Clerk, by delivery or by registered or certified mail, requesting release from the performance guaranty. The Board shall act on such request within 45 days (Form G[3]).
[3]
Editor's Note: Form G is on file in the office of the Town Clerk.
L.
Recording of the plan. Within 10 days after the definitive plan, as approved and endorsed, has been recorded at the Franklin County Registry of Deeds and, in the case of registered land, with the recorder of the Land Court, the applicant shall notify the Board, in writing, of such recording, noting book, page number and date of recording.
M.
Recording of the plan. Failure of the applicant to record the definitive plan at the Franklin County Registry of Deeds within six months of its endorsement or to comply with the construction schedule of the performance agreement shall constitute sufficient cause for recision of such approval, in accordance with the requirements of MGL c. 41, § 81W, as amended.
[Amended 11-12-2024]
All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Flood Hazard Overlay District established under Chapter 171, Zoning,[1] it shall be reviewed to assure compliance with the Town of Whately Zoning Bylaw and the following:
A.
The proposed subdivision design is consistent with the need to minimize flood damage.
B.
All public and private utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage.
C.
Adequate drainage systems shall be provided to reduce exposure to flood hazards.
D.
Base flood elevation (the level of the 100-year flood) data shall be provided for proposals greater than five lots or five acres, whichever is the lesser, for that portion within the Flood Hazard Overlay District.