Town of Southwick, MA Article III Submission and Action

§ 315-11 Preliminary plan.

A. Submission. A preliminary plan of a subdivision may be submitted by the applicant to the Board and the Board of Health for discussion and tentative approval, modification or disapproval by the Board. The submission of such a preliminary plan will enable the applicant, the Board, the Board of Health, the DPW Director and Water Commissioners or other Town agencies and owners of property abutting the subdivision to discuss and clarify the problems of the subdivision before a definitive plan is prepared. Therefore it is strongly recommended that a preliminary plan be filed in every case. The applicant shall give written notice to the Town Clerk by delivery or by registered mail that he/she has submitted such preliminary plan, stating the date of such submission. Any person who submits a preliminary plan to the Board for approval shall submit a properly executed Preliminary Subdivision Application form accompanied by the appropriate fee for each lot or portion thereof of the land to be subdivided and eight contact prints.

[Amended 5-2-2000; 4-30-2002]

B. Contents.

(1) The preliminary plan may be drawn on tracing paper, 24 inches by 36 inches, with pencil, at a scale of one inch equals 40 feet, or other scale approved by the Planning Board, shall be clearly designated as "preliminary plan" and shall show:

[Amended 5-2-2000]

(a) The subdivision name, boundaries, North point, date, scale and a print of a map of the Town at a scale of one inch equals 1,000 feet or such other scale as the Board may prescribe showing the location of the subdivision in the Town and its relation to major elements of the Master Plan of the Town as it may exist from time to time, including but not limited to streets, footpaths, bicycle paths, open spaces, conservation areas, schools and other Town facilities.

(b) The name and address of record owner, applicant and designer and engineer or surveyor.

(c) The names of all abutters, as determined from the most recent Town tax list.

(d) Existing and proposed lines of streets, ways, easements and public areas within the subdivision.

(e) The location, names and present widths of streets bounding, approaching or near the subdivision.

(f) Major site features, such as existing stone walls, fences, buildings, large trees or wooded areas, rock ridges and outcroppings, swamps and water bodies.

(g) Existing topography at a contour interval of two feet on a plan whose scale is one inch equals 100 feet. This may be included on one-hundred-scale sheets (24 by 36 inches) on which the road layout, watershed areas and drainage are shown. Either way must show the entire subdivision site and all surrounding areas that might contribute to the watersheds. (The Board may allow surrounding areas to be shown on U.S.C.G.S contour maps when such areas are too large to incorporate into the normal survey areas.) Also to be shown on the topography maps is the datum base NAVD88 and a minimum of one bench mark per five acres.

[Amended 6-23-2009; 4-26-2016]

(h) Proposed system of drainage, including existing natural waterways, in a general manner, both within and adjacent to the subdivision.

(i) Approximate boundary lines of proposed lots, with approximate areas and dimensions.

(j) Profiles of proposed streets as required by the Board and the DPW Director.

(k) The zoning classification of land shown on the plan, together with any zoning boundary lines within or near the subdivision, if any, including delineated Zone I and II of the Town well.

(l) All wetlands and buffer areas on the site.

(m) Proposed hook-up to the public water system and/or sanitary sewer as required by the Board of Water Commissioners and the Board of Sewer Commissioners.

[Amended 6-23-2009; 4-26-2016]

(n) A document indicating any waivers that may be requested from the Subdivision Regulations, including the purpose or reason for such waivers.

(2) The preliminary plan should be accompanied by a statement of any easements, covenants or restrictions applying to the area proposed to be subdivided.

(3) During discussion of the preliminary plan the complete information required for the definitive plan (§ 315-12B) and the financial arrangements (§ 315-1 2F) will be developed.

C. Tentative approval.

(1) The Planning Board may give such preliminary plan its tentative approval, disapproval or approval with modifications. Such approval does not constitute approval of a subdivision but does facilitate the procedure in securing final approval of the definitive plan.

(2) The submission of the preliminary plan for examination by the Board shall not be deemed a submission of a definitive plan of a subdivision of land for approval by the Board under MGL c. 41, § 810, and the action of the Board on such preliminary plan shall not prejudice its action on the definitive plan.

§ 315-12 Definitive plan.

A. Submission. Any person who submits a definitive plan of a subdivision to the Board for approval shall file with the Board the following:

(1) An original drawing of the definitive plan in black ink on Mylar and eight contact prints and eight half-scale reductions thereof, dark line on white background. Prints will be referred by the Board to the Board of Health, DPW Director and other Town officials for their review. The original drawing after approval will be returned to the applicant for recording in the Hampden County Registry of Deeds and if disapproved will be returned to the applicant.

[Amended 5-2-2000; 4-26-2016]

(2) Accompanying statements on zoning, easements, etc., data on percolation tests and plans, specifications and profiles, etc., for water supply, sewerage and drainage as required in Subsection C below.

(3) A properly executed application form and designer's certificate in accordance with forms on file with the Board.

(a) Fees. A properly executed Definitive Subdivision Application shall be accompanied by the appropriate fee for each lot or portion thereof of the land to be subdivided.

[Amended 5-2-2000]

(b) Notice. The applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission for such approval.

B. Contents. The definitive plan shall be prepared by a registered professional engineer and/or land surveyor and shall be clearly and legibly drawn in black ink upon Mylar and shall be twenty-four by thirty-six (24 x 36) inches in overall dimensions. There shall be a one-inch margin for filing purposes left on one twenty-four-inch edge of each sheet. The plan shall be at a scale of one inch equals 40 feet or such other scale as the Board may prescribe to show details clearly and adequately. Profiles of proposed streets shall be drawn to the same horizontal scale as the plan proposed and with vertical scale 10 times larger unless otherwise authorized, and either on the same sheet as the plan or on separate coated Mylar of the same dimensions as the plan sheets. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The definitive plan shall contain the following information:

[Amended 5-5-2000; 4-30-2002; 6-23-2009; 4-26-2016]

(1) The subdivision name, boundaries, North point, date and scale.

(2) The name and address of record owner, applicant and engineer or surveyor.

(3) The boundary lines of continuous and adjacent land and names of owners thereof as determined from the most recent local tax list.

(4) Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision. (The proposed names of proposed streets will be preliminary until they have been approved by the Select Board.)[1]

[1] Editor's Note: Article 11 of the 5-17-2016 ATM changed the name of the Board of Selectmen to the Select Board.

(5) The location, direction, name and present width and grade of each street and public or private way bounding, approaching or within reasonable proximity of the subdivision.

(6) Sufficient data to determine readily the location, direction and length of every street and way line, lot line and boundary line, and to establish these lines on the ground.

(7) The locations and outlines of all existing buildings and site features, such as stone walls, fences, large trees and wooded areas, rock ridges and outcroppings, swamps and water bodies, within or adjacent to the proposed subdivision.

(8) Existing topography at a contour interval of two feet on a plan whose scale is one inch equals 100 feet. This may be included on one-hundred-scale sheets (24 by 36 inches) on which the road layout, watershed areas and drainage are shown. Either way must show the entire subdivision site and all surrounding areas that might contribute to the watersheds. (The Board may allow surrounding areas to be shown on U.S.C.G.S. contour maps when such areas are too large to incorporate into the normal survey area.) Also to be shown on the topography maps is the datum base NAVD88 and a minimum of one bench mark per five acres.

(9) The area of each lot in square feet, lot lines with bearings, and lengths thereof, zoning classification of each lot and identifying number, along with a tabular summary which indicates the required and proposed area, front, side and rear yard depths for each lot required by the Zoning (Chapter 185), and percentage and area of proposed open space to be included in the subdivision.

(10) The locations of existing and proposed monuments, hydrants, sewage pipes, public utility facilities, water pipes and wells within the subdivision.

(11) Park suitably located for recreation purposes and open areas to be left in their natural state. (See § 315-18, Open space.)

(12) Proposed storm drainage of land, including existing natural waterways and the proposed disposition of water from the proposed subdivisions to adequate natural drainage channels.

(13) Easements shall be in accordance with § 315-17.

(14) A tree plan shall be prepared which shows the location and species of proposed street shade trees and the location of trees to be retained with trunks over six inches in diameter measured four and one half feet above the ground, located outside of the street right-of-way line of existing or proposed streets, not closer than five feet or more than 10 feet from said right-of-way.

(15) Street plans and profiles must show the percent slope of each grade, and the radius length point of curvature and point of tangency of each curve; existing center-line profiles, grades, present elevations of the center line and both street-line profiles; proposed center-line grade and elevation at fifty-foot stations; all vertical curve data including length, P.V.I. low point and high point and elevation; storm and sanitary sewer data, such as type and size of pipes, flow line (invert) elevation at structures, top of frame (rim) elevation and location by stationing; and, the grades and profiles of all sidewalks when different than the roadway. Grades shall be in conformance with § 315-16.

(16) The location(s) of streetlights where deemed necessary for public safety. All capital costs of streetlights and poles acceptable to the DPW are to be paid for by the developer. Cost of electricity is to be paid for by the developer or homeowners' association until street acceptance.

(17) A form in the lower left-hand corner shall be prepared as follows:

APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHWICK, MASS., LOT NUMBERS

THIS

DAY OF

(18) The general location of proposed buildings and driveways for each lot.

(19) The zoning classification of land shown on the plan, together with any zoning boundary lines within or near the subdivision, including delineated Zone II.

(20) A written, signed and dated document indicating waivers to these Subdivision Regulations that may be requested, including the purpose or reason for each waiver request.

(21) Water table data sufficient to provide an accurate determination of the seasonal high ground water to include a minimum of three monitoring wells on the site and their location shown on the plans.

C. Accompanying statements and data. The applicant shall submit with the definitive plan four copies each of the following statements:

(1) Any easements, covenants and restrictions applying to the area proposed to be subdivided.

(2) Proposed arrangements for sanitary sewer collection and disposal with supporting data as required by the applicable rules and regulations of the Board of Sewer Commissioners and DPW Director. Water supply with supporting data, as required by the applicable rules and regulations of the Board of Water Commissioners, Board of Sewer Commissioners and DPW Director.

[Amended 4-26-2016]

(3) Proposed arrangements for storm and surface drainage, with supporting data and design analysis, including plans and profiles showing location and size of drain lines and culverts, design of catch basins and manholes and such other information as may be required by the DPW Director to define the drainage provisions including drainage calculations.

[Amended 4-26-2016]

(a) Soil surveys. The Board shall require soil surveys to establish the suitability of the land for the proposed storm and sanitary drainage installations.

(b) Additional professional services. The Board may require the applicant to obtain at his expense such additional professional engineering advice as it seems necessary or desirable in order for it to determine to approve, to modify and approve or to disapprove the definitive plan.

(4) Permits when necessary by the Conservation Commission.

[Amended 5-2-2000[2]]

[2] Editor’s Note: This amendment also repealed former Subsection C(3), which required submission of sewage disposal data and former Subsection C(6), which required submission of results of percolation and water table tests. In addition, this amendment redesignated former Subsection C(4) and (5) as Subsection C(3) and (4), respectively.

D. Review.

(1) Board of Health. At the time the definitive plan is submitted, the Board shall file a contact print thereof with the Board of Health. Within 45 days of the filing of the plan, the Board of Health shall report approval or disapproval of the plan to the Board in writing. If the Board of Health disapproves the plan, it shall specify which of the areas shown cannot be used for building sites without injury to the public health and include the reasons therefor in its report, and shall conform to Title V of the State Sanitary Code and any local applicable Board of Health septic regulations. Any lot so located that it cannot be served by a connection to a sewer system shall be provided with a septic tank and leaching field, trench or pit with sufficient area providing for a secondary system, satisfactory to the Board of Health.

[Amended 5-2-2000; 4-26-2016]

(2) Other Town boards and departments. Before approving the definitive plan, the Board will refer it to the following Boards for their review, and shall obtain written statements from each as to the adequacy of the proposed improvements:

[Amended 5-2-2000]

(a) The Select Board,[3] by and through the Director of the Department of Public Works as to the design of the street system, the drainage system and the sewer system, if any, the location of easements and the provisions for the safety of the future inhabitants and the public.

[3] Editor's Note: Article 11 of the 5-17-2016 ATM changed the name of the Board of Selectmen to the Select Board.

(b) The Director of the Department of Public Works and the Board of Water Commissioners, as to the design of the water distribution system.

(c) Public safety officials, as to the design of the streets and intersections, including grading, lighting and ability of public safety equipment to satisfactorily access the development.

(3) Engineering review. The Board may at the expense of the applicant obtain a reasonable review of the engineering and survey information shown on the plan.

[Amended 4-26-2016]

(4) Staking. To facilitate the review of the definitive plan, at the time of filing, 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 shown on the plans and marked on the stakes. An application shall be considered incomplete without staking.

[Added 5-2-2000]

E. Public hearing. Before approval, modification and approval or disapproval of the definitive plan is given; a public hearing shall be given by the Planning Board. Notice of such hearing shall be given by the Board at least 14 days prior thereto by advertisement in an official publication of the Town, or publication once in each of two successive weeks in a newspaper of general circulation in the Town. The first such advertisement shall be at least 14 days before the hearing. Such notice shall describe the subject matter sufficiently for identification. A copy of said notice shall be mailed to the applicant and to all owners of land abutting the subdivision as they appear in the most recent tax list.

F. Performance guaranty. Before approval or conditional approval of a definitive plan of a subdivision, the subdivider shall agree to meet the conditions and to complete the required improvements specified in Article V for all lots in the subdivision. Such construction and installation shall be secured by one, or partly by one and partly by the other, of the following methods, which may from time to time be varied at the option of the subdivider:

(1) Final approval with bonds or security. The subdivider shall file either a performance bond or a deposit of money or negotiable securities in an amount determined by the Director of Public Works and Planning Board to be sufficient to cover the cost of all or any part of the improvements specified in Article V not covered by a covenant under Subsection F(2) hereof. Such bond or security shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Treasurer. Release of the bond or deposit shall be contingent on the completion of such improvements within two years of the date of the bond or a revised extension to completion. The Planning Board may extend the completion date for public improvements for an additional period. As a condition for such extension, the Planning Board may require an increase in the amount of the bond.

[Amended 4-26-2016]

(2) Final approval with covenant.

(a) By a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot as specified in Article V, before such lot may be built upon or conveyed other than by mortgage deed, provided that a mortgagee who acquired 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 that portion of the covenant which provides that no lot shall be built upon until such ways and services as specified in Article V 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. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed.

(b) Any covenant given under the preceding subsection and condition required by the Board of Health and the DPW Director shall be either inscribed on the plan or contained in a separate document, referred to on the plan.

G. Certificate of approval.

(1) The action of the Board in respect to any definitive plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by registered mail to the applicant. If the Board modifies and approves or disapproves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signatures of a majority of the Board but not until the statutory twenty-day appeal period following the filing of the certificate of the action of the Board with the Town Clerk has elapsed and the Clerk has notified the Board that no appeal has been filed.

(2) Final approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.

H. Evidence of satisfactory performance. Before the Board will release the interest of the Town in a performance bond or deposit (or in the case of approval with covenant, issue a release of covenant), the applicant shall:

(1) File with the Planning Board a certified as-built plan of each street in the subdivision (or in the case of approval with covenant, of the street or streets serving the lots for which a release is desired). Certification shall be by a registered land surveyor. Said plan shall show the as-built elevation and location of streets, storm and sanitary sewer, water mains and their appurtenances, and that the monuments and iron pins have been set in accordance with said plan and are accurately located as shown thereon.

(2) The applicant shall also provide the Planning Board with a photographically reduced copy of the signed definitive plan. Said reduction shall be at a scale of one inch equals 1,000.

(3) Obtain and submit to the Board written evidence that the required improvements have been completed to the satisfaction of the Boards listed below for their respective facilities.

(a) The Select Board[4] by and through the DPW Director.

[4] Editor's Note: Article 11 of the 5-17-2016 ATM changed the name of the Board of Selectmen to the Select Board.

(b) The Board of Water Commissioners.

(c) The Conservation Commission.

(d) The Board of Health.

[Added 5-2-2000]

(4) Before the Board releases the interest of the Town in any performance bond or deposit or covenant, it may require additional professional engineering advice as to the satisfactory completion of roads and their appurtenances. Such advice shall be at the applicant's expense, unless the applicant is found to be correct.

I. Release of performance guaranty.

(1) Upon completion of the improvements, the applicant shall send to the Town Clerk by registered mail a written statement in duplicate that the construction or installation in connection with which a bond, deposit or covenant has been given meets the requirements of Article V; this statement should contain the address of the applicant. The Clerk shall furnish a copy of the statement to the Board forthwith. If the Board determines that the construction or installation has been completed, it shall release the interest of the Town in the bond, deposit or covenant, and return the bond or the deposit to the person who furnished it, or issue a release of covenant in a form for recording. If the Board determines that the construction or installation has not been completed, it shall, within 45 days, specify to the applicant in writing wherein the construction and installation fails to comply with the requirements of Article V. In the event that said forty-five-day period expires without such specification, or without the release and return of the bond or return of the deposit or release of the deposit or release of the covenant as aforesaid, said Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

(2) Any such bond may be enforced and any such deposit may be applied by the Board for the benefit of such city or town, as provided in MGL c. 41, § 81Y, upon failure of the performance for which any such bond or deposit was given to the extent of the reasonable cost to such city or town of completing such construction and installation.

(3) Coverage of performance guaranty. The performance guaranty shall cover the following:

[Amended 4-26-2016]

(a) Street grading, road base and binder coat of pavement (satisfactory after surviving one calendar year); final pavement, curbs and gutters.

(b) Sidewalks, street signs, shade trees, monuments and property markers.

(c) Sanitary sewers.

(d) Storm sewers, culverts and other drainage controls or facilities.

(e) Water systems, fire hydrants and fire alarm system.

(f) Gas, electric, telephone, other utilities as shown on the plan.

(g) Planted trees, vegetation, loom and seed.

(h) As built drawings.

(i) Any and all requirements as specified in Article V.

(4) Upon written request, a partial release of securities, bond, cash, letter of credit or covenant, as the case shall be made upon acceptance by the DPW Director and the Board of the work completed.

[Added 4-26-2016]

(5) Maintenance of improvements. The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements at a Town Meeting and by the Select Board.[5]

[Added 4-26-2016]

[5] Editor's Note: Article 11 of the 5-17-2016 ATM changed the name of the Board of Selectmen to the Select Board.

(6) Maintenance bond.

[Added 4-26-2016]

(a) The applicant shall be required to file a maintenance bond with the Town prior to dedication in an amount determined by the DPW Director in order to assure the satisfactory condition of the required improvements, for a period of one year after the date of their acceptance at a Town Meeting and by the Select Board.[6] In no case shall the maintenance bond be less than 10% of the cost of improvements.

[6] Editor's Note: Article 11 of the 5-17-2016 ATM changed the name of the Board of Selectmen to the Select Board.