No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided.
(Form A or ANR plan)
A.
Procedure.
(1)
Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law shall submit said plan and five copies thereof, application Form A (See Appendix.),[1] completed Form A checklist, along with a copy of the electronic file and required fee to the Planning Board at a regular or special Planning Board meeting or by mailing the same by registered mail to the Planning Board, accompanied by the necessary evidence to show that the plan does not require approval.
[1]
Editor's Note: The Appendix is included as an attachment to this chapter.
(2)
Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt thereof. If the Planning Board determines that the plan does not require approval, it shall without a public hearing and without unnecessary delay endorse on the plan the words "Approval under the Subdivision Control Law not required."
(3)
The Planning Board may add to such endorsement a statement of the reason approval is not required. The plan will be returned to the applicant, and the Planning Board shall notify the Town Clerk of its action.
(4)
If the Planning Board determines that the plan does require approval under the Subdivision Control Law, it will so inform the applicant in writing and return the plan. The Planning Board will also notify the Town Clerk in writing of its action.
(5)
If the Planning Board fails to act upon a plan submitted under this section within 21 days, or the maximum number of days allowed by the General Laws, if the latter is greater than 21 days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law it not required.
B.
Plan requirements.
(1)
Preparation and scale. An ANR plan shall be of a minimum dimension of 9 1/2 inches by 14 inches but shall not exceed a dimension of 24 inches by 36 inches, and shall be drawn at a minimum of one inch equals 80 feet and a maximum scale of one inch equals 40 feet.
(2)
Contents. An ANR plan shall contain, but shall not necessarily be limited to, the following information and shall be based upon an on-the-ground survey:
(a)
Name, address, telephone number, and e-mail address of the applicant and each owner of record for the land to be divided under the ANR plan.
(b)
North point.
(c)
Date of ground survey performed and seal and signature of the registered professional who prepared said plan.
(d)
Name, address, and seal of the professional land surveyor who prepared, signed and stamped said plan.
(e)
Names and addresses of all abutters from the most recent Town tax list.
(f)
The Assessor's Map reference for the land proposed to be divided.
(g)
Existing and proposed boundary lines, dimensions, and areas of each of the parcels and lots shown on said plan. If the division is within 500 feet of a highway or road which has been laid out by the Town of Plympton, Plymouth County Commissioners, or the Massachusetts Department of Transportation, the division shall also be tied into two or more permanent points or bounds of the existing highway or road by bearing and distance. If the division is more than 500 feet from such a way, then, at the Planning Board's discretion, at least two property corners shall reference the corresponding Massachusetts grid coordinates.
(h)
Existing and proposed lines of streets, ways, cartpaths, common driveways, and easements and whether each is a public or private way.
(i)
Zoning classification and location of any zoning district boundaries that may lie within the locus.
(j)
Any present or proposed public areas within the property.
(k)
Location of all existing buildings or structures, if any, including setback and side and rear yard designations of any existing structures on any remaining adjoining land owned by the applicant and dimensions of yards relating to such structures. A note shall be placed on the plan as follows: "Endorsement of this plan shall not be deemed to be a verification of the location of the structures shown or setback indicated."
(l)
Proposed or existing permanent monuments. At least two such monuments must be shown on the land being divided.
(m)
The limits of all wetlands or a notation that there are no wetlands, if none exist.
[1]
Wetland delineations must be either:
[a]
Performed by a professional wetland scientist or wetlands professional in training certified by the Society of Wetland Scientists, or holding a related certification (Soil Scientist, Naturalist, or Geologist) from another state or organization; or
[b]
Confirmed by an order of resource area delineation.
[2]
A claim that no wetlands exist must also be confirmed as above or by a determination of applicability.
(n)
A locus map at a minimum scale of one inch equals 1,000 feet extending a minimum of 1/2 mile beyond the property limits.
(o)
Remaining adjoining land in the ownership of the applicant, if any. If applicable, the applicant shall furnish evidence on the plan indicating that the adjoining land has adequate frontage for later development.
(p)
Location of any easement, public or private, across the land, with a designation as to the use of the same.
(q)
A signature block shall be placed on the plan that provides sufficient space for the date of endorsement and the signatures of the members of the Planning Board.
(r)
Division of lots with existing buildings.
[1]
In any instance in which ANR endorsement of a plan is sought based upon the assertion that the plan show a division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect into separate lots on each of which one of such buildings remains standing, under MGL c. 41, § 81L, Paragraph 13, the applicant shall provide information to satisfy the Planning Board that:
[2]
In the event that the Planning Board votes to endorse such an ANR plan, a note shall be placed on each of the new parcels created as follows:
"This parcel was created as a separate parcel under MGL c. 41, § 81L, Paragraph 31 and zoning compliance requirements shall be followed prior to conveyance of the parcel as a separate lot with a building that may be occupied either by: (1) obtaining a special permit that a lawfully preexisting, nonconforming lot may be extended, changed or altered so as to allow the proposed division and conveyance; or (2) obtaining a variance to address all nonconformities."
(s)
A note shall be placed on every ANR plan as follows: "Approval Under the Subdivision Control Law Not Required."
(t)
A note shall be placed on every ANR plan as follows: "Endorsement of this plan shall not be an indication, express or implied, that the parcels or structures shown on this plan conform to applicable zoning requirements."
A.
General.
(1)
The Board requires the submission of a preliminary plan for all proposed subdivisions. The purpose of a preliminary Plan is to provide for the detailed review of the layout and features of the proposed subdivision by the Board, and other Town agencies and boards. Changes required by the Board in the preliminary plan are to be recorded in the definitive plan, thus saving the effort and expense of the applicant. Tentative approval of a preliminary plan may be given by the Board.
B.
Procedure.
(1)
Any person filing a preliminary plan shall file with the Board at a scheduled meeting or by registered mail in care of the Town Clerk:
(a)
Two completed "Application for Tentative Approval of Preliminary Plan" (Form B) (See Appendix.).[1] One such form shall be directly forwarded by the applicant to the Town Clerk.
[1]
Editor's Note: The Appendix is included as an attachment to this chapter.
(2)
The Board of Selectmen, Conservation Commission and Board of Health, within 30 days of receipt of such submission, may each make a report in writing to the Board. Such report shall be considered by the Board in granting its approval and/or in making its comments.
C.
Preliminary plan contents.
(1)
The preliminary plan will be provided at a scale of one inch equals 100 feet or other suitable scale acceptable to the Planning Board.
(2)
The preliminary plan may be drawn on tracing paper with pencil and should be prepared so as to form a clear basis for a discussion, the results of which should form a basis for design of the definitive plan.
(3)
The information indicated on the preliminary plan shall include:
(a)
Subdivision name, boundaries, North point, date, scale, legend, and title "Preliminary Plan".
(b)
Names and addresses of record owner, and applicant, and the name of the designer, engineer, or surveyor.
(c)
Names of all abutters, as determined from the most recent tax lists, and the names, approximate location, and width all adjacent streets.
(d)
The existing and proposed lines of lots, showing approximate areas and dimensions.
(e)
The approximate boundary lines of streets, ways, easements, and any public or common areas within the subdivision.
(f)
The topography of the land at two-foot contour intervals.
(g)
The proposed drainage system, including adjacent existing natural waterways in a general manner.
(h)
Location of existing buildings, species and size of large trees standing alone, the outline of wooded areas, marshy areas, areas subject to inundation, and other data which may serve to affect the street or building layout.
(i)
General indication as to the intended method of water supply and sanitary sewage disposal or system.
(j)
Zoning classifications, including wetland zones of the area as indicated on the most recent Zoning Map of the Town of Plympton.
(k)
Other information which, due to the particular nature of the subdivision, may be necessary to indicate the impact of the proposed subdivision on traffic patterns and the impact of the proposed subdivision on municipal services.
(l)
Development schedule to indicate developer's building time frame.
(m)
Zoning of proposed subdivision and contingent parcels.
(n)
Physical, environmental, geological and other characteristics unique to the parcel not covered above.
D.
Preliminary plan approval. As soon as is practicable, and in no case more than 60 days after the submission of the preliminary plan, the Board shall notify the applicant and the Town Clerk whether such submission has been approved or approved with modifications, or disapproved, giving specific reasons for disapproval. Approval in no case constitutes approval of the proposed subdivision, but does provide for the direct processing of the definitive plans.
A.
General.
(1)
The Board requires the submission of a definitive plan for all proposed subdivisions. The definitive plan provides the basis for the formal review and approval of the subdivision and after a public hearing entitles the applicant to cause such plan to be recorded and to proceed with the subdivision and improvement of the land as provided by these rules and regulations.
(2)
A definitive plan of a subdivision shall be submitted to the Board at a regularly scheduled meeting, or by certified mail, care of the Town Clerk. The definitive plan must state the date of submission and be accompanied by a copy of the completed application (Form C).[1]
[1]
Editor's Note: Form C is in the Appendix, included as an attachment to this chapter.
(3)
The subdivision rules and regulations and zoning in effect at the time of submission of the preliminary plan shall govern the definitive plan if it is duly submitted within six months of the approval of said preliminary plan.
(4)
The definitive plan must be complete upon initial submission, including waiver requests and all other matters required by these rules and regulations. The Planning Board will act upon the initial submission only. If the Planning Board determines that the initial submission is incomplete, the Planning Board shall return the entire definitive plan to the applicant, who may submit the complete definitive plan at a later date. The date of submittal for a definitive plan shall be that date that the Planning Board determines that the submittal is complete. Said determination shall be made no later than 15 days from the date of submittal.
(5)
Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Board the following:
(a)
An original drawing of the definitive plan, a reproducible sepia, and nine contact prints thereof, dark lines on white background. The original drawing will be returned after approval or disapproval. Copies will be given to the Board of Health, Conservation Commission, Fire Chief, Highway Surveyor, Tree Warden, Planning Board Engineer and Planning Board (three copies).
(b)
A properly executed application Form C (See Appendix.).[2]
[2]
Editor's Note: The Appendix is included as an attachment to this chapter.
B.
Contents. The definitive plan shall be prepared by a registered professional engineer and a registered land surveyor and shall be clearly and legibly drawn in black India ink upon tracing cloth. The plan shall be at a scale of one inch equals 40 feet or such other scale as the Planning Board may accept to show details clearly and adequately. Sheet sizes 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 at a scale of one inch equals 400 feet.
(1)
The definitive plan shall contain the following information:
(a)
Subdivision, name, locus, boundaries, North point, date, scale, and benchmark and datum, all elevations to refer to U.S.G.S. mean sea level base.
(b)
Name and address of record owner, subdivider and seal of the engineer and surveyor.
(c)
Names of all abutters, appearing the same as in the most recent tax list.
(d)
Lines of existing and proposed streets, ways, lots, easements, and public or common areas within the subdivision. (The proposed names of proposed streets shall be shown in pencil until they have been approved by the Planning Board and Selectmen.)
(e)
Sufficient data to determine the location, direction and length of every street and way line, lot line, easement line and boundary line, and to establish these lines on the ground.
(f)
Location of all permanent monuments, properly identified as to whether existing or proposed.
(g)
Location, names, and present width of streets and pavements, boundaries, approaching or within reasonable proximity of the subdivision, and the location of nearby utilities, including water lines, roadway drainage, sewerage, and electrical lines.
(h)
Indication of purpose of easements, both existing and proposed.
(i)
Suitable space to record the action of the Planning Board and the signatures of the members of the Planning Board.
(j)
Existing and proposed topography at two-foot contour level. Sufficient information to clearly indicate areas within the subdivision where gravel removal or filling is proposed, and the approximate volumes in cubic yards. The areas in question shall be shaded on two copies of the plan. Existing topography to show dotted; proposed topography to show solid. Topography shall be indicated on plans drawn at a scale of one inch equals 40 feet or other scales that the Planning Board may require.
(k)
Existing profiles on the exterior lines and proposed profile on the center line of proposed streets at a horizontal scale of one inch equals 40 feet and vertical scale of one inch equals four feet, or such other scales acceptable to the Planning Board. All elevations shall refer to the nearest U.S. Coast and Geodetic Benchmark. Profiles must show on curves, all banks and grades.
(l)
Proposed layout of storm drainage, subdrainage and other required utilities.
(m)
An identifying number for each lot and lot area shown in square feet.
(n)
Zoning classifications, including wetlands zones of the area as indicated on the most recent Zoning Map.
(o)
Profiles of drain lines, culverts, proposed drainage swales not otherwise indicated on roadway profiles at a scale of one inch equals 40 feet horizontal. The profile shall indicate existing and proposed drainage grades and the size, location, slope and invert elevations of the proposed drainage improvements.
(p)
Details indicating the proposed construction of all catch basins, manholes, channels, swales, headwalls, endwalls, roadways, sidewalks, and all other improvements required by these regulations and by the Planning Board.
(q)
An indication of natural and man-made land features including watercourse, marches, ledge outcroppings, significant trees, walls, fences, existing buildings, paths and roads.
(r)
Location of all of the following improvements unless specifically waived in writing by the Board: streetlighting supports, all utilities above and below ground, sidewalks, curbs, gutters, street trees, storm drainage, and easements.
(s)
A plan for the control of erosion and siltation both during and after construction phases. Such plan shall include the proposed construction sequencing, temporary and permanent erosion control plantings, special constructions and swale and stream scour protection.
(t)
Vegetation and special features showing the outline of all wooded areas, trees 12 inches caliper and above located within the proposed right-of-way having a potentially significant effect on the construction and its future aesthetics, ledge and outcroppings, roads and trails, flowing streams, drainageways, lakes and ponds, noting those being disturbed by ways, easements or any change in topography.
(u)
Location of percolation tests, both satisfactory and unsatisfactory, as observed by the Board of Health shall be shown within the subdivision. The probable area of each septic system shall be indicated.
(v)
All other requirements on the preliminary plan.
(2)
Any change in an approved definitive plan may require, at the Planning Board's discretion, new public hearings and/or a resubmission of said plan.
C.
Environmental impact assessment.
(1)
The applicant shall include with the definitive plan an environmental impact assessment (EIA). The purpose here will be to permit Town of Plympton officials to determine the methods which are to be utilized by the applicant to assess necessary environmental issues directly attributable to the development of the subdivision. Overall objectives here are to promote environmental health and public health, to minimize any adverse effects upon local natural resources and to mitigate any and all significant environmental impacts before they develop. By complying with the above issues, it is the Town's goal to maintain the quality of all public and private water supplies and surface waters and to protect the safety, convenience and well being of the residents.
(2)
The EIA should contain supporting data to set forth the impact, if any, or effect of the proposed subdivision on the neighborhood and Town. Local officials having knowledge, experience and authority on similar issues should be consulted.
(3)
In preparing the EIA, the applicant should refer to the Soil Survey Maps and Manual, prepared for Plympton by the Natural Resources Conservation Service, U.S. Department of Agriculture, on file at the Town House. The assessment should include specific references to appropriate plans and maps and should serve as the proper technical document, with references for all comments whenever possible.
(4)
In reviewing the assessment, the Town will consider the flow, quantity and quality of surface water and groundwaters, the preservation of wildlife, historical sites, open space and conservation lands, the increase in supporting Town services, unique geological, botanical and archeological features, and the health and safety of the Town and its inhabitants.
(5)
The Planning Board may waive any section or sections of the assessment which it deems appropriate to the proposed project. It is requested that the applicant discuss these requirements with the Board prior to the preparation of the EIA, preferably prior to the completion of the definitive plan.
(6)
The assessment shall include the following:
(a)
Physical environment:
[1]
Describe the physical conditions of the site, including amounts and type of vegetation, topography, geological and historical sites, trails and open spaces and affected wildlife.
[2]
Provide a complete physical description of the subdivision and its relationship to the surrounding area.
[3]
Describe the effects the subdivision will have on these features.
(b)
Surface water and soils:
[1]
Describe location, extent and type of existing water, ponds and wetlands, including existing surface drainage characteristics both within and abutting the proposed subdivision. A stormwater management report meeting the requirements of the Massachusetts Department of Environmental Protection Stormwater Management Standards must be prepared for the full build-out of the subdivision and be included in the EIA.
[2]
Describe methods to be used during construction to control erosion and sedimentation; i.e., use of sediment basins and mulching, matting or temporary vegetation; describe acreage and location of land to be cleared; covering of soil stockpiles; and other methods of control. Evaluate effectiveness of proposed methods on the site and the surrounding areas.
[3]
Describe the permanent methods to be used to control erosion and sedimentation, including the following:
[a]
Areas subject to flooding or ponding.
[b]
Proposed surface/subsurface drainage system.
[c]
Proposed grading and vegetation cover.
[d]
Methods to be used to protect existing vegetation.
[e]
Relationship of the development to the topography.
[f]
Any proposed alterations to the marshes or the wetlands.
[g]
Proposed flood control devices or wetlands easements.
[h]
Increase in peak run-off caused by construction and new impervious areas, and the methods to reduce the generated run-off.
[4]
Describe sewage disposal methods based on percolation test results. Evaluate any impact of disposal on surface water, soils and vegetation.
(c)
Subsurface conditions:
[1]
Describe any restrictions on the proposed subdivision caused by existing soil and water conditions and the methods used to overcome them.
[2]
Describe results of percolation testing, location of test pits and proposed extent of systems.
[3]
Evaluate the impact of the sewage disposal methods on the quality of subsurface water.
(d)
Town services:
[1]
Evaluate increase on traffic flow and its effect on existing roadway conditions and systems.
[2]
Evaluate and describe the effect of the subdivision on police and fire protection services.
[3]
Describe effect on Highway Department services, including roadway life and storm drainage facilities.
[4]
Describe impact/effect on local and regional educations systems.
[5]
Describe the impact on Town recreational facilities, parks and playgrounds.
(e)
Human environment:
[1]
Describe proposed building construction by type and size of building, ground cover, percentage of lot to be occupied by buildings, pervious/impervious parking areas and usable space.
[2]
Describe type of construction materials to be used and location of common areas.
[3]
Describe proximity of subdivision to transportation, schools, shopping and Town facilities.
[4]
Describe any proposed recreational facilities.
(f)
General impact: Briefly summarize environmental assessment and its effect on the entire Town. Provide supporting documentation.
D.
Review by Board of Health.
(1)
The subdivider shall also file with the Board of Health one contact print of the definitive plan, dark line on white background.
(2)
Every lot shall be served by an individual sewage system of the type and construction meeting the approval of the Board of Health. If the proposed sewerage does not meet with its approval, the Board of Health shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health and include specific findings and the reasons therefor in such report, and, where possible, shall make recommendations for the adjustment thereof.
(3)
The Board of Health shall send a copy of its report to the applicant.
E.
Public hearing. Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the Planning Board, notice of the time and place of which and of the subject matter, sufficient for identification, shall be given by the Planning Board by advertisement in a newspaper of general circulation in the Town one in each of two successive weeks. The first publication shall be not less than 14 days before the day of such hearing. A copy of said notice shall be mailed to the applicant and to all owners of land abutting upon the subdivision as appearing in the most recent tax list.
F.
Certificate of approval. The action of the Planning Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by delivery, certified, or registered mail to the applicant. If the Planning Board modifies 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 Planning Board, but not until the statutory twenty-day appeal period had elapsed following the filing of the certificate of action of the Planning Board with the Town Clerk and said Clerk has notified the Planning Board that no appeal has been filed. After the definitive plan has been approved and endorsed, the applicant shall furnish the Planning Board with three prints thereof showing all changes required by said approval. Final approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.
G.
Performance guarantee. Before approval of a definitive plan of a subdivision, the subdivider shall agree to complete the required improvements specified in Article V for any lots in a subdivision, such construction and installation to be secured by one or in part by one and in part by the following methods, which may from time to time be varied by the applicant:
(1)
Final approval with a passbook account. The subdivider shall provide a passbook account in the amount determined by the 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 G(2) hereof. Such account, if deposited, shall be approved as to form and manner of acceptance by the Town Counsel and Town Treasurer and shall be contingent on the completion of such improvements within two years of the date of the passbook account.
(2)
Final approval with covenant. The subdivider shall file a covenant (Form D),[3] executed and duly recorded by the owner of record, running with the land, whereby such ways and services as specified in Article V, not covered by bond or deposit under Subsection G(1) hereof, shall be provided to serve any lot before such a lot may be built upon or conveyed other than by mortgage deed. The covenant will expire two years from the date of approval; unless the Board determines that special circumstances make an extended term appropriate, in which case the Board will indicate its findings in writing. Expiration of the covenant will constitute rescission of definitive plan approval.
[3]
Editor's Note: Form D is in the Appendix, included as an attachment to this chapter.
H.
Reduction of passbook account. The penal sum of any deposit held under Subsection G(1) above may, from time to time, be reduced by the Planning Board and the obligations of the parties thereto released by said Board in whole or in part. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required.
I.
Release of performance guarantee.
(1)
Upon completion of improvements required under Article V, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the developer or owner will send by registered mail to the Town Clerk and the Planning Board a written statement that the construction or installation in connection with which such bond, deposit or covenant has been secured has been completed in accordance with the requirements contained under Article V. Such statement shall contain:
(a)
Name and address of the applicant.
(b)
A compliance certificate (Form E)[4] signed under oath by the developer's engineer that the development has been completed according to the rules and regulations of the Planning Board and that the acceptance plan shows the true location of all improvements.
[4]
Editor's Note: Form E is in the Appendix, included as an attachment to this chapter.
(c)
Copies of or references to the requisite number of inspection forms and reports.
(e)
Written evidence from the Planning Board's agent as to the construction of all roadways, ways, sidewalks, monuments, street signs, pavement, lighting, gutters and curbs, required grading and drainage, plantings and seeding, all in accordance with the definitive plan.
(f)
Written evidence from the Board of Health as to the installation of sewerage facilities, if applicable.
(2)
If the Planning Board determines that said construction or installation has not been completed, it shall specify to the Town Clerk and to the developer, in writing, by registered mail, the details wherein said construction and installation shall have failed to comply with the requirements contained under Article V. Upon failure of the Planning Board to act on such application within 45 days after the receipt of the application by the Town Clerk, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned and any such covenant shall become void.
(3)
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.
J.
Acceptance by the Town. Prior to acceptance by the Town of roadways and utilities, the applicant shall furnish an acceptance, "as-built", plan in accordance with the standards contained within these regulations.
K.
Unencumbered title.
(1)
By filing for a subdivision, the owner agrees to convey and transfer to the Town of Plympton unencumbered title to all municipal services, roadway rights-of-way, and drainage and other special-purpose easements without monetary cost and with clear title, free from liens, encumbrances, and perpetual rights.
(2)
Any and all expenses involved in obtaining an unencumbered title shall be the responsibility of the owner.