A.
General submission requirements.
(1)
Submittal of a preliminary plan is recommended prior to the submittal
of a definitive plan for a residential subdivision. The preliminary
plan is required prior to the submittal of a definitive plan for a
nonresidential subdivision. The preliminary plan shall be submitted
to the Planning Board and the Board of Health. The information included
in the submittal shall include the following:
(a)
The preliminary plan on reproducible material and 11 prints
thereof.
(b)
A properly executed application Form B.
(c)
One set of reproducible reductions of the preliminary plan,
said reductions not to exceed 11 inches by 17 inches in outside dimensions,
shall be filed with the Planning Board.
(d)
The required filing fee.
(e)
Written consent of the property owner to the filing and of the
plan if the applicant is not the property owner.
(2)
The applicant shall also file, by delivery or registered mail or
certified mail, a notice with the Town Clerk stating the date of submission
of the plan to the Board, accompanied by a properly executed Form
B. If the notice is given by delivery, the Town Clerk shall, if requested,
give a written receipt therefor.
B.
Plan preparation and contents. The preliminary plan shall be prepared
by a registered professional engineer and a registered land surveyor
and shall bear the professional seal and signature. The plan shall
be drawn on tracing paper at a suitable scale, preferably 40 feet
to the inch. The plan shall be designed as a preliminary subdivision
plan, which will provide a clear basis for discussion of the subdivision
and for preparation of the definitive plan. The plan shall contain
the following:
(1)
The subdivision name, boundaries, North point, date, scale, legend
and the title "Preliminary Subdivision Plan."
(2)
The names and addresses and signatures of the owner of record of
the land, the names and addresses of the subdivider, designer, engineer
and/or surveyor who prepared the plan. This information shall appear
in the lower right hand corner.
(3)
A completed certified list of abutters, as determined from the most
recent tax list and, if the applicant has knowledge of changes subsequent
to the latest available Assessor's Records, this information
shall be included. The certified list of abutters shall include all
property owners of land within 500 feet of a property line of the
subdivision.
(4)
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.
(5)
Easements, rights-of-way, covenants or restrictions applicable to
the area shown on the plan.
(6)
The location, names and widths of adjacent streets or streets providing
access to, approaching or within reasonable proximity of the subdivision.
The existing streets shall be marked as to whether they are or are
not accepted ways.
(7)
The location, names and proposed widths and exterior lines of the
streets within the subdivision; a statement as to whether the proposed
streets will be maintained as private streets or offered to the town
for acceptance; the location of easements and public or common areas
within the subdivision.
(8)
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.
(9)
Layout of the proposed systems of drainage, sewage disposal and water
installation in a general manner, including adjacent natural waterways
intended to receive drainage effluent.
(10)
The approximate boundary lines of proposed lots, with approximate
areas and dimensions.
(11)
The topography of the land, with two-foot contour intervals,
based on the United States Coast and Geodetic Datum. Water bodies
and other elevations shall be shown.
(12)
Documentation of adjoining land and water owned by the applicant
or in the same ownership as any of the land being subdivided, accompanied
by a sketch plan showing a feasible future street layout for such
contiguous land.
(13)
The zoning classification of the land shown on the plan, together
with any zoning boundary lines that may lie within or near the subdivision.
(14)
Notice of any decisions by the Zoning Board of Appeals, including
but not limited to variances and special permits regarding the land
or any buildings thereon.
(15)
If the preliminary plan application contains more than one sheet
or drawing, each sheet or drawing titled and numbered including an
index sheet showing the contents of each sheet.
(16)
A written document listing waivers to these regulations, which
may be requested by the applicant.
C.
Acceptance of the plan.
(1)
Upon the submittal of a preliminary plan application to the Planning Board and to the Town Clerk, the application will be considered to be conditionally accepted pending review of its contents. Within 21 days, the Board shall determine whether the application is complete. An application which does not contain all of the material described in § 222-8 shall be considered incomplete, shall not be considered to have been filed and shall not be accepted for processing. In such case, the Board shall notify the Town Clerk and the applicant, in writing, stating the reasons for that determination.
(2)
If the application is considered to be complete or if the applicant
and the Town Clerk are not notified that the application is incomplete
within 21 days, the application shall be considered complete as of
the date originally submitted.
(3)
If a revised application is submitted, it shall be considered to
be a new application and shall be subject to the same procedures and
determinations as to completeness as are set forth above.
(4)
The time periods set forth in these Subdivision Rules and MGL c.
41, during which the Planning Board shall issue a decision, will not
start until the application is complete.
D.
Review and decision process.
(1)
Approval of a preliminary plan.
(a)
The Planning Board may give such preliminary plan approval,
with or without conditions, after the Board's review of reports
of the Board of Health, Board of Selectmen, Conservation Commission,
Director of Public Works, Police Department, Fire Department, Safety
Committee and the Planning Board's consultants. Such approval
does not constitute a waiver of the Board's right to require
further changes in the plan nor does it constitute approval of the
subdivision but facilitates the preparation of the definitive plan
by possibly identifying major deficiencies or problems.
(b)
The original of the preliminary plan, properly endorsed, will
be returned to the applicant. Within 45 days, the Board shall notify
the applicant by certified mail that the plan has been approved, with
or without conditions, or that the plan has been disapproved, unless
an extension has been requested by the applicant in the same manner
as provided for in the definitive plan.
(c)
Any definitive plan evolved from such preliminary plan shall
be governed by the rules and regulations relative to Subdivision Control
Law in effect at the time of the submission of the preliminary plan,
provided that the definitive plan is duly submitted within seven months
from the date on which the preliminary plan was properly submitted.
(2)
Disapproval of a preliminary plan. In the event of disapproval, the
Planning Board shall state the reasons for its disapproval in accord
with MGL c. 41, § 81-S. The Board shall notify the Town
Clerk of its disapproval.
(3)
Failure of the Board to act. If the Board fails to act upon a plan
submitted under this section or fails to notify the Town Clerk and
the persons submitting the plan of its action within 45 days (or such
mutually agreed upon time) after its submission, the plan shall be
deemed to have preliminary plan approval under the Subdivision Control
Law.
A.
Submission requirements.
(1)
For a definitive plan to be accepted as duly submitted in accordance 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 all items required in § 222-9. Such submission shall be filed at a regularly scheduled meeting of the Planning Board. The applicant shall file by delivery or registered certified mail a notice with the Town Clerk stating that the date of submission for such approval, accompanied by a copy of the completed application for approval and a copy of the definitive plan. The submission shall include, as a minimum, the following:
(a)
An original drawing of the definitive plan and 12 contact prints
thereof, dark line on white background.
(b)
One set of reproducible reduction of said plans, the reductions
not to exceed 11 inches by 17 inches in outside dimensions.
(c)
The required filing fee.
(d)
If the applicant is not the property owner, consent of the property
owner to the filing of the subdivision application.
(e)
Proof that the applicant has submitted two copies of the application
materials to the Board of Health.
(f)
A properly executed application for approval of a definitive
plan, Form C.
(g)
A certified list of abutters as determined from the most recent
tax list and, if the applicant has knowledge of changes in the list
subsequent to the latest available Assessor's records, this information
shall be included. The certified list of abutters shall include all
property owners of land within 500 feet of a property line of the
subdivision.
(h)
A comprehensive project narrative and completed Designer's
Checklist(s) for Site Planning, Landscape Design, Stormwater Management,
and Erosion & Sediment Control sections of Northbridge's
"Best Development Practices Guidebook" dated December 2009.
(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 this approval of the definitive
plan or such other time as agreed to by the Board. If the ways in
any subdivision are not completed and 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.
B.
Plan preparation. 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 upon tracing cloth,
Mylar or similar substance to the following standards:
(1)
Sheet sizes shall be 24 inches by 36 inches, including a three-fourths-inch
border. An index sheet shall accompany all plans.
(2)
The classification and precision of surveys shall conform to Class
A or better of the most recent Land Court Manual of Instructions,
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.
(3)
The plan shall be at a scale of one inch equals 40 feet or such other
scale as the Board may accept to show details clearly and adequately.
(4)
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.
(5)
All elevations shall refer to the United States Coast and Geodetic
Datum and shall be referenced to the town vertical control system.
(6)
The attention of the applicant should be directed to the provisions
of MGL c. 41, § 131-40, Protection of Wetlands. The applicant
should consult the Conservation Commission concerning the possible
impact of any violations of said law.
C.
Plan form and contents. The definitive plan drawings shall contain
the following information:
(1)
The name of the subdivision, boundaries, North arrow (indicate whether
true, magnetic, grid), date, scale, legend and the title "Definitive
Subdivision Plan." It shall also include the names and addresses of
the record of owner, the designer, the engineer and the land surveyor.
(2)
A locus plan showing the boundaries of the subdivision and its relationship
to adjacent lots and existing ways. The scale of the locus shall be
one inch equals 1,000 feet.
(3)
The location and ownership of abutting property according to the
most recent tax list 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)
Major features of the land, such as existing wetlands, waterways,
swamps and water bodies, natural drainage courses, walls, fences,
buildings, large trees, trails, wooded areas, outcroppings and ditches
which exist on the site at the time of the survey.
(5)
Base flood elevation data as shown in the A Zone on the most recent
Northbridge Flood Insurance Map (FIRM), and Flood Boundary and Floodway
Maps, on file with the Town Clerk.
(6)
Sufficient data to determine the location, direction and length of
every street and way line, lot line and boundary line and to establish
these lines on the ground. This shall include the lengths and bearings
of plan and boundary lines of all subdivision lot lines, including
lot frontage on the streets, of the boundary lines on all streets
and easements and the length, radii, tangents and central angles of
all curves in lot lines and street lines. All angles, points or intersections
of tangents along the street lines shall be shown. Areas of lots with
lot numbers and the frontage on public ways shall be shown.
(7)
The location of all permanent monuments properly identified as to
whether existing or proposed.
(8)
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 setbacks for each lot as required by the Zoning Bylaws.
(9)
The locations, names and present widths of streets or private ways
bounding, approaching or within reasonable proximity of the subdivision,
showing both roadway widths and rights-of-way widths and any possible
access to abutting properties.
(10)
Copies of all existing easements, covenants and restrictions
applying to the area that is proposed to be subdivided and applying
to areas outside the proposed subdivision where those easements will
be used to provide services to the land proposed to be subdivided.
Information shall include any decision on appeal or any variances
or special permits granted by the Zoning Board of Appeals applicable
to the subdivision of the land and any buildings thereon.
(11)
If the property that comprises the subdivision or any part of
boundary thereof has been examined, approved and confirmed by the
Massachusetts Land Court, such information shall be noted on the plan
with the 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.
(12)
Plat and parcel numbers from the Assessor's maps.
(13)
Suitable space to record the action of the Planning Board and
the signatures of all members of the Board, 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."
(14)
Profiles, shown on a separate sheet, as follows:
(a)
Existing profiles on the exterior lines drawn in fine black
line, dotted for left- and dashed for right-side, and proposed profile
on the finished center line drawn in fine black solid line of proposed
streets at a horizontal scale of one inch equals 40 feet and a vertical
scale of one inch equals four feet or such other scales acceptable
to the Planning Board. At least two benchmarks are to be shown on
plans and profiles and grade elevations at every fifty-foot station,
except in vertical curves which shall be at every twenty-five-foot
section.
(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 town datum (United States Coast
and Geodetic Survey). Gradients shall be shown by figures represented
in percent.
(15)
A contour plan 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 street 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, including how the topsoil will be stockpiled,
the minimum amount of topsoil to be redistributed to the site; and
that no material will leave the site except in accord with the Northbridge
Earth Removal Regulations.[1]
(16)
A utility plan as follows:
(a)
Size and location of existing and proposed water supply mains
and their appurtenances; hydrants; sewer pipe and their appurtenances
and/or sewage disposal systems; storm drains and their appurtenances
and easements pertinent thereto; and dimensions of gutters, including
data on borings and percolation tests made and method of carrying
water to the nearest watercourse or easements for drainage as needed,
whether or not within the subdivision.
(b)
No additional surface water will be allowed to discharge onto
adjacent existing streets or onto adjacent property not owned by the
applicant. The plan shall clearly indicate what course the discharge
will take and shall present evidence that such discharge is satisfactory
and permitted by the public or private owners of an affected street
or property.
(c)
Location of proposed streetlights and sidewalks and pedestrian
lighting (if required), transformer pads and fire alarm systems.
D.
Additional materials and plan requirements.
(1)
Review by the Board of Health as to suitability of the land. At the
time of filing of the definitive plan the applicant shall also file
with the Board of Health two copies of the plan, together with such
information in the nature of percolation tests and deep test holes
as the Board of Health may require. The Board of Health shall then,
within 45 days after the filing of the plan, report to the Planning
Board, in writing, approval or disapproval of said plan. If the Board
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 shall
be provided with a sewerage system or sewer connection satisfactory
to the Board of Health.
(2)
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 bodies of water.
Drainage design shall be based on the methods contained in the United
States Soil Conservation Service Urban Hydrology for Small Watersheds,
Technical Release No. 55, which may be obtained from the Soil Conservation
Service or referred to in the office of the Planning Board.
(3)
A tree plan shall be prepared showing the location and species of
proposed street trees and the locations of trees to be retained with
trunks over six inches in diameter, measured four feet above the finished
ground level.
(4)
On the same sheet as the plan and profile there shall be drawn cross
sections of the proposed street, 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.
(5)
A tabular summary shall be prepared for the total area in square
feet and acreage of the subdivision plan as submitted. It should indicate:
(6)
Environmental and community impact statement (ECIS).
(a)
An environmental and community impact statement shall be required
for residential developments of 20 lots or more and all nonresidential
subdivisions and as otherwise required by the Board. The EICS shall
clearly and methodically assess the relationship of the proposed development
to the natural and man-made environment of Northbridge. Four copies
of said ECIS shall be filed with the Town Clerk with the definitive
plan.
(b)
The purpose of which is to enable the officials of the town
to determine what methods used by the applicant to promote the environmental
health of the community and to minimize adverse effects on the natural
and man-made resources of the town. This report shall be prepared
by an interdisciplinary team of professionals qualified, experienced
and, where applicable, licensed in their fields. Such team shall typically
consist of registered professional engineers, traffic engineers, architects,
landscape architects, land use planners, hydrogeologists, hydrologists,
biologists and other environmental professionals. It is intended that
the report be a guide to the Planning Board in its deliberations and
will build into the Board's decision making process an appropriate
and careful consideration of the environmental and community impacts
of the proposed project. The Board may waive any section or sections
of the statement which it deems inapplicable to the proposed project.
The developer should discuss the requirements with the Board prior
to preparation of the statement, preferably during the review of a
preliminary plan. If no preliminary plan is filed then all elements
of the EICS shall be met.
(c)
The ECIS shall include the following:
[1]
Natural environment.
[a]
Air and noise pollution. Opinion and evaluation
of the impact on local air quality (including traffic generated from
the development) and noise from the proposed development (including
traffic generated from the development), both during and after construction,
shall be evaluated. For developments over 100 dwelling units, the
Planning Board shall require detailed technical reports of such impacts.
[b]
Stormwater. Opinion and evaluation of the impact
of stormwater runoff on adjacent and down gradient or downstream land,
surface water bodies and subsurface ground water; dangers of flooding
as a result of increased downstream runoff, especially peak runoff.
The impact of the proposed project on water table levels.
[c]
Land. Opinion and evaluation of compatibility of
the proposed development with existing soils; the impact of any soils
or other materials to be removed from the site. The potential dangers
and impacts of erosion and sedimentation caused by the proposed development.
[d]
Plants and wildlife. Opinion and evaluation of
the impact that the proposed project may have on wildlife habitat
and on any rare or endangered plant or animal species known to exist
in the area.
[e]
Water supply. Opinion and evaluation of the average
and peak daily demand and the impact of such demand on ground water
aquifers and the public water distribution system.
[f]
Sewage disposal. Opinion and evaluation of the
average and peak daily disposal and the impact of such disposal on
ground water aquifers, surface water and the municipal storage system.
[2]
Man-made environment.
[a]
Existing neighborhood land use. Opinion and evaluation
of the compatibility with adjacent or nearby existing land uses, or
approved private development plans, if known, for adjacent or nearby
land use changes to occur during the anticipated construction period,
to completion, of the proposed development. If not compatible, reasons
therefor shall be detailed. Consultation with the Planning Board is
strongly recommended.
[b]
Zoning. Opinion and evaluation of the compatibility
of the proposed development with the purpose of the Zoning Bylaw and
the zoning district and with surrounding properties.
[c]
Architecture. Opinion and evaluation of the anticipated
style of architecture of the buildings; its relation to prevailing
types of architecture for similar buildings; and its compatibility
with the function of the building and to the architecture of adjacent
buildings. Sketches, photos, elevations and renderings are encouraged
to illustrate architectural appropriateness as well as innovation.
[3]
Public services.
[a]
Schools. Opinion and evaluation of the expected
impact on the school system, both elementary and secondary levels;
the expected number of students; projected school bus routing changes;
projections of future school building needs resulting from the project.
[b]
Police. Opinion and evaluation of the expected
impact on police services, time and manpower needed to protect the
proposed development and service improvements necessitated by the
proposed development.
[c]
Fire. Opinion and evaluation of the expected fire
protection needs; on-site fire-fighting capabilities, on-site alarm
or other warning devices; fire-flow water needs, source and delivery
system and other needs. Fire Department service improvements necessitated
as a result of the proposed project shall also be discussed.
[d]
Recreation. On-site recreation provisions shall
be detailed and off-site recreation demands shall be estimated. Provision
for public open space, either dedicated to the town or available to
its residents, shall be described. Open space available primarily
or exclusively for residents and employees shall also be described.
[e]
Traffic. Analysis as required by § 222-9D(10), Traffic impact report, of these Subdivision Rules and Regulations.
[f]
Solid waste disposal. Analysis of the projected
volume and type of solid waste to be generated by the proposed development;
methods of removal.
[g]
Public works. Opinion and evaluation of the projected
need, responsibility and costs to the town for roadway maintenance
and stormwater management facility maintenance. Impacts of construction
on area roadways. Service improvements necessary as a result of the
proposed project.
[4]
Aesthetics.
[a]
Lighting. The type, design, location, function
and intensity of all street lighting facilities. Attention given to
safety, privacy, security, glare and daytime and nighttime appearance
shall be detailed.
[b]
Landscaping. Provisions for landscaping, including
type, location and function of all plantings and materials.
[c]
Visual. Attention given to views into the site
and from the site. Included shall be long distance views as well as
views to and from adjacent properties.
[5]
Planning. Analyze the compatibility of the proposed development
and its alternatives with the goals and objectives of the most recent
Northbridge Comprehensive/Master Plan and the most recent Open Space
Plan and any components of either plan.
[6]
Cost benefit analysis. Conduct a municipal benefit/cost analysis,
following standard and usual procedures for measuring both the benefits
to be derived and costs to be incurred by the Town of Northbridge
as a result of the proposed development. The element should also estimate
and discuss net benefits and costs of non-quantifiable environmental
impacts.
(7)
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 stating the developer's responsibility to
maintain erosion/sedimentation controls during construction and until
sale of the lots involved.
(c)
Appropriate details of erosion/sedimentation control devices.
(d)
The outline of any areas, including drainage ways, steep slopes
and proposed stockpiles of topsoil that shall be restored and/or seeded
immediately.
(e)
A general note stating that temporary ground cover erosion/siltation
control shall be established on any un-built lots where required by
the Planning Board.
(8)
Staking. At the time of filing of the definitive plan, the applicant
shall stake the center line of all proposed streets at a minimum of
every 100 feet with the center line stations and the cut or fill dimensions
to finish grade marked on the stakes.
(9)
Soil surveys and percolation tests.
(a)
The Board may require, at the expense of the applicant, soil
surveys and percolation tests to establish the suitability of the
land for the proposed street construction. Such soil surveys and tests
must be filed with all plans for nonresidential subdivisions or multifamily
residences.
(b)
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 location such as cut sections and areas of questionable
foundation material where the subsurface conditions may affect the
quality and service line of the street. Test pits shall not be backfilled
until the applicant has been notified by the Board that all necessary
inspection and sampling has been completed. Where borings are used,
samples shall be taken at five-foot intervals at each change in strata.
Soundings shall be taken in areas of unsuitable material for the purpose
of determining the 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, in the plan, a proposed layout of the subsurface exploration
program, complete with location, spacing and type of exploration proposed.
(10)
Traffic impact report. A traffic impact report shall be required
for proposed developments with the potential of greater than or equal
to 20 units.
(11)
Written consent of the Northbridge Police Department and Northbridge
Fire Department with regard to each proposed street name, to ensure
there is no conflict or confusion with existing approved names, particularly
in terms of the town's Enhanced Emergency 911 System.
(12)
A completed designer's certificate (Form D).
E.
Acceptance of a definitive plan application.
(1)
Upon the original submittal of a definitive plan application to the Planning Board, the application will be considered to be conditionally accepted pending review of its contents. Within 14 days, the Board shall determine whether the application is complete. An application which does not contain all of the material described in § 222-9 shall be considered incomplete, shall not be considered to have been filed and shall not be accepted for processing. In such case, the Board shall notify the Town Clerk and the applicant, in writing, stating the reasons for that determination.
(2)
If the application is considered to be complete or if applicant and
the Town Clerk are not notified that the application is incomplete
within 14 days, the application shall be considered complete as of
the date originally submitted.
(3)
If a revised application is submitted, it shall be considered to
be a new application and shall be subject to the same procedures and
determinations as to completeness as are set forth above.
(4)
The time periods set forth in these Subdivision Rules and MGL c.
41, during which the Planning Board shall issue a decision, will not
start until the application is complete.
F.
Review and decision process.
(1)
The Board will transmit copies of the definitive plan to the following
for review and recommendations: one copy of the entire submittal to
the Town Counsel (when deemed necessary by the Board), the Board of
Selectmen, the Director of Public Works, the Conservation Commission,
the Police Department, the Fire Department, the Safety Committee and
the professional consultants hired by the Board.
(2)
The applicant shall submit two copies of the plan directly to the
Board of Health.
(3)
Before the definitive plan is approved, the Board will request written
statements from the officials listed with regard to the proposed improvements
in the following respects:
(a)
Town Counsel as to the form of easements, covenants and performance
guaranties.
(b)
The Director of Public Works, the Sewer Superintendent, the
Board of Selectmen and/or Planning Board agent as to the design of
the street system and the location of easements, monuments, number
and placement of streetlights, drainage system, water system and if
applicable, the sewage system.
(c)
The Fire Department as to the location of hydrants, installation
of the fire alarm system, if any, emergency access, and naming of
the streets.
(d)
The Police Department as to street safety, both vehicular and
pedestrian, access for emergency access and naming of streets.
(e)
The Conservation Commission as to potential involvement with
the MGL c. 131, § 40, and the Northbridge Wetlands Protection
Bylaw,[2] the effects of the subdivision on rivers, streams, wildlife
and similar considerations within the scope of the Conservation Commission,
and the proposals for demolishing, retaining or moving site features.
(f)
The Sewer Superintendent as to the design of the sewage system.
(g)
The Planning Board Engineer for compliance with these regulations,
review of technical components, review and comment on the plan, data
and requested waivers.
G.
Legal notice and public hearing. Before taking any action to approve,
modify or disapprove a definitive plan, the Board shall hold a public
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 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 Northbridge 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 property owners of land within 500 feet
of a property line of the subdivision.
H.
Planning Board action and written decision.
(1)
The procedure that the Planning Board will follow with regard to
approval, disapproval or modification of the final plan submitted
by the applicant will be that as set forth in MGL c. 41, § 81-U,
as amended. In summary, the Board, after receiving the definitive
plan and profiles, will review the same to determine whether they
are in compliance with its adopted rules and regulations and the Zoning
Bylaws.[3]
(2)
The plan shall comply with all reasonable regulations and rules of
the Director of Public Works, Board of Selectmen and the Board of
Health not otherwise covered by these rules and regulations. Specific
reference is made to the specifications for septic systems, which
shall conform to the rules and regulations of the Board of Health.
(3)
Before final approval of the plan, the applicant shall establish
that the lots in the definitive plan are in conformity with the Northbridge
Zoning Bylaw and that failure of these lots to so comply will be adequate
grounds for disapproval of the definitive plan. See MGL c. 41, § 81-Q,
and amendments thereto. The Board may, as a condition of granting
approval, impose reasonable requirements designed to promote the health,
convenience, safety and general welfare of the community to benefit
the town. 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.
(4)
The Planning Board may extend the review period permitted by statute
between submission of a definitive plan and action thereon upon written
request of the applicant.
(5)
The applicant shall agree to complete the subdivision roadways and
install the public utilities in the subdivision within two years after
the approval of the plan unless otherwise agreed upon by the applicant
and the Planning Board.
(6)
The action of the Planning Board shall be a majority vote, copies
of which shall be certified and filed with the Town Clerk and sent
by delivery or registered, return receipt mail to the applicant. If
the 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 Board action and resubmitted to the Board. 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.
(7)
Approval of the definitive plan does not constitute the laying out
or acceptance by the Town of streets within a subdivision.
(8)
If the Board fails to act upon a plan submitted under this section
or fails to notify the Town Clerk and the persons submitting the plan
of its action within the required time period (in cases where a preliminary
plan was filed, the Board has 90 days to review the plan; in cases
where no preliminary plan was filed, the Board has 135 days to review
the plan), it shall be deemed to have approval under the Subdivision
Control Law, and the Board shall forthwith make such endorsement on
said plan, and, in its failure to do so forthwith, the Town Clerk
shall issue a certificate to the same effect.
I.
Plan endorsement.
(1)
After the expiration of 20 days without notice of appeal of a Certificate
of Approval to the Superior Court, or if appeal has been taken after
the entry of a final decree of the Court sustaining approval of the
Plan, the Board shall give its final approval by endorsing the plan.
(2)
Before endorsement of the Plan, the Board shall require that:
(a)
Applicant shall comply with all reasonable regulations and rules of the town officials and agencies, referred to in § 222-9G above, not otherwise covered by these rules and regulations.
(b)
All necessary permits from the Massachusetts Department of Public Works under MGL c. 85, § 2 shall be obtained. Final approval may be conditioned on approval under MGL c. 131 § 40.
(c)
Applicant shall submit acceptable construction and maintenance
schedule documents. In the case where the developer desires phasing,
he shall submit detailed phasing plans and schedule, which at no time
results in a dead end street more than 500 feet in length except as
otherwise approved by the Board, for the Board's consideration.
The Board may require modifications to any and all of said proposals.
Endorsement may be withheld at the Board's discretion until such
proposals are deemed by the Board to be acceptable.
(d)
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 Board's Certificate of Approval, as
the case may be, with the Town Clerk and said Clerk has notified the
Board that no appeal has been filed.
(e)
After the definitive plan has been approved and endorsed, and
the appeal period has elapsed, with no appeal being made, the Planning
Board shall return the original to the applicant.
(f)
Said endorsement shall be subject to the construction specifications
contained herein, and to the rules and regulations of the Board of
Health, and all other appropriate Town Boards.
(g)
The applicant shall agree to complete the subdivision roadways
and install the public utilities in the subdivision within two years
after the approval of the plan unless otherwise agreed upon by the
applicant and the Planning Board.
(h)
The applicant shall submit the approved plan for endorsement
no later than six months following the Board's Certificate of
Approval if no appeal has been filed. If an appeal has been filed
the plan shall be submitted within six months from the resolution
of the appeal.
(i)
The endorsement by the Planning Board shall be valid for a period
of two years from the date of approval or such other period of time
agreed to by the Board. Prior to the expiration of said approval period,
the developer and/or owner shall request, in writing, to the Board
an extension of time, if necessary. Failure to request extension of
time prior to the expiration of said approval period shall result
in the Board's notifying the Building Inspector that no additional
building permits should be issued in said development. The request
for 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.
J.
Provision of performance guaranty.
(1)
Before endorsement of the Board's approval of a subdivision,
the Board shall require that:
(a)
The subdivider shall specify, in writing, the time within which
construction of ways and installation of municipal services shall
be completed, which time shall be two years unless the Board and the
applicant agree to another time frame.
(b)
The subdivider shall secure the construction of ways and installation
of municipal services by one, or in part by one and in part another,
of the following methods:
[1]
By a proper bond, from a company included in the United States
Treasury Department's list of approved bonding companies. The
applicant shall supply proof of this to the Board. The amount of the
bond shall be sufficient in the opinion of the Planning Board to secure
performance of the construction of ways and the installation of principal
services for lots in the subdivision shown on the plan. See Form H.
[2]
By deposit of money or negotiable securities sufficient in the
opinion of the Board to secure performance of the construction of
ways and the installation of municipal services for lots in the subdivision
shown on the plan. See Form G.
[3]
By covenant, executed and duly recorded by the owner of record,
running with the land, whereby the ways and services 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 which, provided 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 F.
[4]
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 and the lender and shall provide for the
retention by the lender of funds (otherwise due the applicant) sufficient
in the opinion of the Board to secure the construction of ways and
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 K.
(c)
The amount of the performance guaranty shall be set by the Planning
Board's duly authorized agent.
(d)
The subdivider shall submit an agreement, suitable for recording,
executed by the Planning Board and the applicant, setting forth the
form of the guaranty and the stipulated time for completion of improvements
which shall be recorded in the Registry of Deeds by the subdivider,
and a receipt therefor shall be delivered to the Planning Board.
(2)
In cases where the applicant is a development partnership, any performance
guaranty will be signed by a representative of the development partnership.
As a limited partnership, the development company is required to have
filed with the Secretary of State. The Board shall receive a copy
of this filing which will indicate who is authorized to execute the
documents on the partnership's behalf. A statement that such
authorization has not been amended shall also be provided to the Board.
K.
Recording of the Plan. The applicant shall file the approved and
endorsed 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 21
days of said filing. Before any building permits are issued or release
of covenant in the subdivision is issued, the applicant shall deliver
to the Board two copies of the recorded plan, one set of reproducible
reductions of the plans not exceeding 11 by 17 inches in outside dimensions,
a copy of recorded approval and covenant 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.
In addition, the applicant shall file one copy of the recorded plan
each with the Board of Health, Conservation Commission, Assessor's
Office, Police Department, Fire Department and the Director of Public
Works.
L.
Reduction of performance guaranty. The penal sum of any such bond
or any deposit or any other amount of funds retained pursuant to an
agreement 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.
M.
Release of performance guaranty.
(1)
Upon completion of improvements, required 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 an newspaper
of general circulation in the Town of Northbridge, at least 14 days
prior to the final release of such performance bond or surety, an
announcement that such release is contemplated and shall deliver to
the Planning Board a copy of such announcement. He shall also send
by registered mail to the Town Clerk and the Planning Board a written
statement that said construction or installation in connection with
which such bond, deposit, covenant or agreement has been secured,
has been completed in accordance with the requirements. Such statement
is to contain the following:
(a)
The name and address of the applicant.
(b)
A compliance certificate signed by the Planning Board stating
that the development has been completed according to the rule and
regulations of the Planning Board and the Northbridge Zoning Bylaws[4] shall be recorded in the Registry of Deeds by the applicant
and a receipt thereof be delivered to the Planning Board.
(c)
Copies of or reference to the requisite number of inspection
forms and reports.
(d)
An as-built plan.
(e)
Written evidence as to the 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 sewage disposal facilities, if applicable, all in accordance with
the definitive plan approval.
(g)
Written evidence from the Fire Chief as to the installation
of the fire alarm system, all in accordance with the definitive plan.
(h)
Written evidence from the Building Inspector as to conformance
to the Northbridge Zoning Bylaw.
(2)
If the Board determines that said construction has been completed,
the Planning Board shall send a completed Form O to the Town Treasurer
within 45 days stating that the Board releases the interest of the
town in such bond or deposit and that it shall be returned to the
person or persons who furnished the same, or in the case of a covenant,
the Board shall issue a written release of the covenant.
(3)
If the Board determines that said construction or installation has
not been completed, it shall specify to the developer, in writing,
by registered mail, the details wherein said construction and installation
shall have failed to comply with the requirements. Upon failure of
the Board to act upon such application within 45 days after the receipt
of application by the Town Clerk and the Board, all obligations under
the bond shall cease and terminate by operation of the law, any deposit
shall be returned and any 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.
N.
Acceptance by the town.
(1)
When a road or street in a subdivision has been completed in a manner
fulfilling the requirements of the Board and there are no outstanding
performance guaranties remaining in effect that were required as security
to ensure completion of improvements within the subdivision, the subdivider
may request the Board to inspect the road in order to give a recommendation
to the Board of Selectmen who will consider the question of laying
out said street or road as a Town way. Street acceptances within subdivision
are the financial and legal responsibility of the subdivider.
(2)
The Board shall require the submission of the following information
at least 90 days prior to the Town Meeting before making a recommendation
to the Board of Selectmen.
(a)
Two copies plus the original Mylar of the plan of the road or
street as built, at a scale of one inch equals 40 feet at a size of
24 by 36 inches. Said plan to show a center-line profile (four feet
per inch on the vertical scale and 40 feet per inch on the horizontal
scale) taken at fifty-foot intervals along the street (twenty-five-foot
intervals at vertical curves) as it has been completed.
(b)
All utilities public and private, above and below grade, shall
be shown on the plan as they exist.
(c)
The as-built plan shall show the monuments (road bounds) with
the dates they were set and the traverse and fixed points on the subdivision
perimeter used to establish the bound locations, all with bearings,
distances or coordinate values sufficient to reestablish these points.
(d)
All elevations shall refer to the National Geodetic Vertical
Datum (NGVD) of 1929.
(3)
The plan shall be accompanied by a letter from the registered engineer
certifying that all work, as required by the rules and regulations
and the approved subdivision plan, has been completed.
(4)
A certificate by a registered land surveyor indicating that all permanent
monuments are in place and are accurately located, including evidence
that the bound traverse had an error of closure of 1:15,000 or better.
(5)
Two typewritten copies of legal descriptions by metes and bounds
of each road and easement considered for acceptance by the town.
(6)
Two copies of the proposed deed conveying the fee in the street,
plus the associated easements to the town, and legal evidence that
the fee in the street has not been inadvertently conveyed to abutting
lot owners.
(7)
Two typewritten copies of the proposed article for Town Meeting generally
describing the location and length of the road or street to be considered
for acceptance by the Town.
(8)
Written certification by the DPW that the water supply system has
been approved as installed.
(9)
Written certification by the Northbridge Fire Department that the
fire hydrants have been approved by the Fire Department.
(10)
Written certification by a registered professional engineer
that the binder course was exposed to one winter season (November
15 to April 30) prior to the application of the finish coat, and that
all subdivision improvements have been exposed to one winter season
(November 15 to April 30) without substantial damage, or that damage,
if incurred, has been repaired.
(11)
Certificate of compliance with conditions imposed on the parcel(s)
contained within the subdivision by the Conservation Commission under
MGL c. 151, § 40, and the Northbridge Wetlands Protection
Bylaw, as applicable.[5]
(12)
Copy of recorded deed(s) and other instruments for any common
land or public open space, park or other such parcels contained within
the subdivision.
(13)
Written evidence from the Town Treasurer that all property taxes
owed to the town for land contained within the subdivision owned by
the applicant or by the original developer, or his/her successors
in interest, have been paid to the town.
(14)
If the as-built definitive plan is prepared using a computer
aided drafting program an electronic copy of the as-built definitive
plan shall be filed with the Northbridge Planning and Economic Development
Department.
