A.
A definitive plan, hereinafter referred to as "the plan," of a subdivision
must be submitted to the Planning Board. Said plan shall be governed
by the Subdivision Regulations in effect at the time of submission
of such plan, or in effect at the time of submission of a preliminary
plan, provided that a definitive plan evolved therefrom shall have
been submitted to the Planning Board within seven months from the
date of submission of the preliminary plan.
B.
A definitive plan shall also be governed by the zoning in effect
at the time of submission of a preliminary plan from which a definitive
plan is evolved, in accordance with the appropriate provisions of
Chapter 40A of the General Laws, as amended.[1]
C.
The center line of proposed roadways and all property lot lines shall
be adequately and accurately staked or flagged on the site sufficient
for identification by the Board members and Town officials when site
visits are made.
A.
The plan shall be submitted by delivery at a regular or special meeting
of the Board, or by delivery or registered mail to the Board in care
of the Town Clerk. If so mailed, the date of mailing (postmark) shall
be the date of submission of the plan. In addition, written notice
(a copy of Form C in Appendix A[1]) shall be filed by delivery or registered mail with the
Town Clerk, stating the date of submission of the plan. The Town Clerk
shall give a written receipt, if requested, to the person who delivers
such notice.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
B.
The full submission shall consist of:
(2)
Ten prints (dark line on white background) of the definitive
plan (including all plans, maps and cross sections, and documents
required in §§ 215-1.24 and 215-1.25), together with
all other information and documentation as required in these Rules
and Regulations. The Board shall file one print with the Board of
Health, one print with the Chief of the Fire Department, one print
with the Conservation Commission, one print with the Water Supply
Protection Committee, one print with the Department of Public Works,
and one print with the Police Chief. At least three of these prints
shall have the significant features illustrated according to the following
color scheme:
[Amended during codification]
(a)
Roads - dark gray;.
(b)
Streams and water bodies - blue.
(c)
Wetlands - solid red.
(d)
Wetlands 100-foot buffer zone - dotted red.
(e)
One-hundred-year floodplains - orange.
(f)
Open space and recreation areas - green.
(g)
Pedestrian and bicycle paths - brown.
(h)
Subdivision boundaries - black.
|
The Board may request additional copies of the above to be forwarded
to other Town agencies and departments for their review and comments.
|
(3)
(4)
List of abutters (see Appendix A, Form D[4]): name and mailing address of all abutters as they appear
in the most recent tax list, including owners of land separated from
the subdivision only by a street. The applicant shall obtain a certificate
of the Board of Assessors, which must be attached to this application,
that all abutters are listed.
[4]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(5)
A sketch plan showing a possible or prospective street layout
for any adjacent unsubdivided land owned or controlled by the owner
or applicant of the subdivision and also showing topography, unless
such a plan has already been submitted to the Board.
(6)
One set of three overlays shall be prepared on acetate at the
same scale as the definitive plan map; these overlays shall illustrate
the following features of the undeveloped site:
(7)
Ten copies of all additional information required in § 215-1.25.
A.
The definitive plan shall bear the seal of a Massachusetts land surveyor
and a registered professional engineer. The plan shall be at a scale
of one inch equals 40 feet, unless otherwise specified by the Planning
Board, and of a sheet size 24 inches by 36 inches outside dimensions.
If multiple sheets are used, they shall be accompanied by an index
sheet showing the entire subdivision.
B.
All surveys must tie to the Massachusetts State Plane Coordinate
System (1927 datum) (MSPCS). At least two benchmarks must be placed
on site and shown on the plans prior to construction. Said benchmarks
shall be tied to, and employ, U.S.G.S. 1988 Vertical Datum recommended,
and the MSPCS. Every plan sheet should have at least four points tied
into the MSPCS using the following, or equivalent:
C.
Whenever possible, a 3.5-inch or 5.25-inch DOS-compatible computer
disk containing the property boundary lines should be provided using
Drawing Interchange Files (AutoCAD Compatible DXF files), in either
ASCII or binary format.
D.
The definitive plan shall contain the following information:
(1)
A location plan of the subdivision at a scale of one inch equals
200 feet, showing the proposed lot lines, the right-of-way lines of
all proposed streets in the subdivision and their location in relation
to one or more existing streets or portions thereof, shown and readily
identifiable as to locus on the Town Assessors' and Topographic
Maps and to such accuracy that the latter may be placed over the location
plan for purposes of actual transfer to said maps. Whenever applicable,
if the development falls within the limits of existing one inch equals
500 feet scale Assessor's Maps, an additional location plan at
one inch equals 100 feet scale with all the above information shall
be provided. An inset at a scale of one inch equals 1,200 feet shall
be included on the location plan showing the location of the subdivision
within the Town.
(2)
The subdivision name, boundaries, the coordinate North arrow,
date, scale, legend and title "Definitive Plan".
(3)
The names of owners of record, the applicant and the registered
land surveyor and registered professional engineer, and official seals.
Certification by the surveyor that all surveying conforms to the technical
standards for property surveyors of the American Congress on Surveying
and Mapping shall appear on the plan.
(4)
Names and plan location of all abutters indicating limits of
contiguous boundaries of the parcel/lots (within 200 feet of the boundary
of the subdivision) and those owners of land separated from the subdivision
only by a street. This must agree with Form D (Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(5)
Existing and proposed lines of streets, lots, rights-of-way,
easements, and any 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 Board.) The purpose of easements shall
be indicated.
(6)
Location, name and present widths of streets bounding, approaching,
or within 200 feet of the limits of the subdivision.
(7)
Location of natural waterways and water bodies within and adjacent
to the subdivision.
(8)
Major site features, such as existing stone walls, fences, buildings,
large trees (12 inches or greater in diameter), rock ridges and outcroppings,
swamps, wetlands, floodplains, historic features, and wooded areas.
The plan shall identify which of the above shall remain undisturbed.
(9)
Sufficient data, including lengths, bearings, radii, tangent
distances, and central angles to determine the exact location, direction
and length of every street and way line, lot line, and boundary line,
and to establish these lines on the ground.
(10)
Location of all permanent monuments and benchmarks identified
as to whether existing or proposed, and, whenever possible, identified
according to the Town of Palmer survey control system. Bounds are
required at all intersections of street lines, angle points and changes
of curvature of street lines. All benchmarks shall be tied to and
employ U.S.G.S. (United States Geological Survey) datum systems or
the Town control datum.
(11)
Boundary lines, areas in square feet, and dimensions of all
proposed lots, with all lots designated numerically and in sequence.
(12)
Suitable space to record the action of the Board and the signatures
of the members of the Planning Board on each sheet of the definitive
plan. Where the applicant elects to secure completion of required
improvements by covenant (rather than bonds or surety), there shall
be a notation above such space as follows:
|
Approved __________, subject to covenant conditions set forth
in a covenant executed by __________, dated __________, and recorded
in the Hampden County Registry of Deeds, Book No. _____, Page No.
__________, or Document No.__________.
|
|
The remaining items shall be submitted on separate sheets.
|
(13)
Existing and proposed topography (sufficiently differentiated)
with two-foot contour intervals for the entire parcel, unless the
Board agrees that the natural surface of the ground may be adequately
represented by contours with larger intervals or by figures of elevation.
Datum to be U.S.G.S. Mean Sea Level.
(14)
Where storm drainage line discharges into a brook, stream, or
drainage area, to determine condition, and proposed method of stabilization.
(15)
A street layout plan on a separate 24-inch-by-36-inch sheet,
horizontal scale of one inch equals 40 feet, for each street in the
subdivision, showing exterior lines, roadway lines, partial lot lines,
curblines, intersection angles, points of tangency, and radii of curves.
Also included on the street layout plan shall be location, size, and
type of construction, elevations and invert, whenever applicable,
of all pipes and conduits of the:
(a)
Water supply system, including pumps, valves, stubs, gates,
hydrants, and similar equipment;
(b)
Storm drainage system, including manholes, pipes, culverts,
catch basins and appurtenant structures;
(c)
Sanitary sewerage system, including piping, manholes, pumps,
community septic tanks, and appurtenant equipment;
(d)
Natural gas supply system, including pipes, pumps, valves, gates,
and similar equipment;
(e)
Electrical, telephone and cable TV supply system, including
piping, handholes, transformer pad mounts, and similar equipment,
all transmission lines to be shown as underground installation;
(f)
Lighting system, including location of streetlight poles.
(16)
A profile plan on the same sheet located directly below and
coordinated with the street layout plan, indicating existing profiles
on the exterior and center lines (using lightweight lines) and proposed
profile on the center line (using heavyweight lines) of each proposed
street, at a horizontal scale of one inch equals four feet. All elevations
shall refer to U.S.G.S. Mean Sea Level datum. Profiles shall show
existing and proposed street grades, rate of gradient on percentages,
ground and proposed elevations at center line of each fifty-foot station,
and grades of intersecting streets and ways shall be clearly indicated.
(17)
The profile plan shall show the location of existing and proposed
water drainage and sanitary sewer lines, invert, rim elevations and
station of each manhole or catch basin.
(18)
A typical cross section for the full width of the proposed right-of-way
shall be shown in accordance with the "Typical Cross Section" illustrated
in Appendix C,[2] showing foundation material, wearing surface, crown and
width of traveled way, curbing, grass strips, sidewalks, utility locations,
etc. For a no-typical cross section, see § 215-1.31F.
[2]
Editor's Note: Appendix C is included as an attachment to
this chapter.
(19)
Construction details for catch basins, manholes, endwalls, headwalls,
rip-rap, energy dissipaters, etc.
(20)
Proposed layout and design of any and all parks, pools, or similarly
community improvements, including all water, drainage, and electrical
layouts, if any, designed to service such community improvements.
(21)
Locations of borings shall be shown on the plan with a numbering
system corresponding to boring logs which will be submitted as part
of the application (see § 215-1.25A).
(22)
Subsurface conditions on the tract, location and results of
tests made to ascertain subsurface soil, rock and groundwater conditions,
depth to groundwater, and, on a separate sheet, location and results
of soil percolation tests if individual sewage disposal systems are
proposed. These percolation tests shall be:
(23)
Size and location of existing and proposed water supply facilities.
(24)
Size and location of all fire hydrants, pumps, water lines between
hydrants and pump, and source(s) of water for fire fighting.
(25)
Legend denoting any signs and symbols used on the plan and not
otherwise explained.
(26)
Any other pertinent information which the Planning Board may
request.
A.
Borings. The purpose of borings is to assist the developer and the
project's engineer in designing, and the Board in evaluating,
an appropriate roadway and related utilities based on existing water
table and subsurface soil conditions (i.e., a clay subsurface might
necessitate extra excavation and extra depth for gravel base; a water
table near ground surface might necessitate the installation of subdrains
along the edge of the road, etc.). In the case of a development located
within the limits of the aquifer recharging the Town's wells, borings
should provide enough information to facilitate the Town's determining
the development's impact on subsurface water quality. The actual
location at which each boring is made shall be shown on the plans.
The borings shall be certified by a Massachusetts professional engineer.
Borings must be taken at the proposed roadway center line at each
fifty-foot station unless otherwise specified by the Board.
B.
Easements. All easements to be granted by the developer to the Town
of Palmer shall be shown on the subdivision plans with bearings and
distances, and their purpose shall be clearly stated. In addition,
the applicant shall submit, as part of his application, easement documents,
suitable for recording, deeding said easements to the Town. The easements
shall be submitted by the Board to the Department of Public Works
and the Town Counsel, and their response shall be given in writing
within 30 days of the date of submittal.
[Amended during codification]
C.
Restrictive covenants. The applicant shall submit, whenever applicable,
as part of his/her/their application any and all documents, such as,
but not limited to, master deeds, restrictive covenants, deed restrictions,
homeowner's association rules and regulations of any commonly
owned/shared land, detention pond, open space, recreation area, etc.
Said documents shall be submitted by the Board to the Department of
Public Works and the Town Counsel, and their response shall be given
in writing within 30 days of the date of submittal.
[Amended during codification]
D.
Construction quantities. The applicant shall submit a detailed estimate
for all construction within the proposed roadway layout and/or public
utility easements, certified by the project's registered professional
engineer. Said estimate shall be based on the Standard Specifications
for Highways and Bridges, 1973 Edition, as amended, of the Commonwealth
of Massachusetts, and shall include:
E.
Lighting system. The applicant shall include a complete streetlighting
system for the proposed street in the definitive plans. Said system
shall compatible with existing systems in Town and be in conformance
with current utility standards, as supplied by the local electric
company. In addition, the applicant shall petition the Town Council
to accept said system. A copy of the petition shall be included in
the definitive submission.
[Amended during codification]
F.
Development impact statement.
(1)
A development impact statement (DIS) is a documented, written
analysis of a proposed development which provides the Planning Board
and Town officials with information necessary for plan review.
(2)
It is a developer's responsibility to submit a DIS, that
is prepared by a qualified professional acceptable to the Board, documented
in sufficient detail to permit an adequate evaluation by the Planning
Board; however, additional data may be requested in writing by the
Board. This is one reason why it is to the advantage of the developer
to prepare and submit to the Board a preliminary plan including a
draft DIS. It is necessary to respond to all sections of the DIS form,
except when a written exemption is granted by the Planning Board.
(See Appendix A, Form L.[1])
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
G.
Review by the Board of Health as to suitability of the land. The
Board of Health shall, within 45 days after the filing of the plan,
report to the Planning Board in writing its approval or disapproval
of said plan. A copy of such report shall be sent to the applicant.
If the Board of Health 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 sites without injury to the public health, and
include such specific findings and reasons therefor in such report,
and, where possible, shall make recommendations for the adjustment
thereof. Failure of the Board of Health to report shall be deemed
approval by the Board of Health. Any approval of the plan by the Planning
Board shall then only be given on condition that the designated lots
or land shall not be built upon or served with any utilities (including
cesspools, septic tanks, and drainage) without prior consent of the
Board of Health. The Planning Board shall endorse on the plan which
condition, specifying the lots or land to which such condition applies.
H.
Wetlands protection. In accordance with MGL c. 131, § 40,
no person shall remove, fill, dredge, or alter any bank, beach, dune,
flat, marsh, or swamp bordering on any existing creek, river, stream,
pond, lake, or any land under said waters or subject to flooding without
receiving a negative determination of applicability or an order of
conditions from the local Conservation Commission and/or Department
of Environmental Quality Engineering.[2]
[2]
Editor's Note: Now the Massachusetts Department of Environmental
Protection.
I.
Water Supply Protection District. Any portion of a proposed subdivision
which lies within the limits of the Town's Water Supply Protection
District shall conform to the requirements of said district as stated
in the appropriate sections of the Palmer Zoning Bylaws.[3]
J.
Hydrology study and drainage calculations. The applicant shall submit,
as part of his/her/their application, calculations showing:
K.
Sanitary sewer study. The applicant shall submit, as part of his/her/their
application, calculations showing:
L.
On-lot sewage disposal system. Where sewage disposal is to be by
individual on-lot sewage disposal systems, the definitive plan shall
be accompanied by a report, prepared by a registered civil engineer,
which includes the following:
(1)
The results of percolation and deep hole soil tests performed
on each lot, in accordance with Title 5 of the State Environmental
Code.
(2)
A map which locates the soil test sites on each lot.
(3)
Other data, including topographic conditions, natural drainage
patterns, soil characteristics, maximum groundwater elevations.
(4)
When on-site water supplies are to be used, the location of
those supplies must be shown on a map, along with proposed or existing
on-site sewage disposal systems on or within 100 feet of any property
line.
(5)
A statement by a registered civil engineer as to the suitability
of the area for the installation of subsurface sewage disposal systems
of the general type and size as indicated in the Massachusetts Environmental
Code, 314 CMR Title 5, Department of Environmental Protection.
M.
Water study. The applicant shall submit, as part of his/her/their
application, a study, certified by the district's current water
consultant, showing that the proposed water system will provide the
development with adequate fire flows, as determined by the Fire District.
The study shall also show the impact of the development on the water
pressures in the surrounding area.
N.
Erosion/Sedimentation control plan. In order to ensure, mitigate
and prevent erosion/siltation of disturbed areas during and after
construction activities, the developer shall submit a plan showing,
in detail, what measures and when such measures will be implemented,
on both a temporary and permanent basis.
A.
Public hearing. Before approval, modification and approval, approval
with conditions, or disapproval of a definitive plan is given, a public
hearing shall be held by the Planning Board. Notice of the time and
place of the hearing, and of the subject matter, sufficient for identification,
shall be given by the Board at the expense of the applicant by advertisement
in a newspaper of general circulation in the Town of Palmer once in
each of two successive weeks, the first publication being not less
than 14 days before the day of such hearing. A copy of said notice
shall be mailed by registered mail to the applicant and to all owners
of land abutting upon the subdivision or separated from such land
only by a street. (See Appendix A, Form D.[1]) The applicant or his/her/their representative should
be present at the hearing.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
B.
Approval, modification or disapproval.
(1)
After the required hearing, but within the period specified
in the Subdivision Control Law for the submission of the definitive
plan, the Board shall take action thereon. It may approve, modify
and approve, approve with conditions, or disapprove said plan, as
provided by statute. Any approval of the plan by the Planning Board
shall only be given on condition that the designated lots or land
shall not be built upon or served with any utilities, such as septic
tanks or cesspools, and drainage without prior consent of the Board
of Health.
(2)
The Planning Board shall endorse on the plan such conditions
as set forth by the Board of Health and the lots and land affected
by such conditions. The action of the Board with respect to such plan
shall be certified and filed with the Town Clerk and sent by registered
mail, postage prepaid, to the applicant at his address as stated on
the application (see Appendix A, Form F[2]). Favorable action shall require a majority vote of the
full Board in rendering its decision. The Board shall take into consideration:
(a)
Completeness and technical adequacy of all submissions;
(b)
Determination that development at this location, as proposed
in the definitive plan, does not entail unwarranted hazard to the
health, safety, or welfare of future residents of the subdivision
or to others because of possible natural disasters, traffic hazard,
or environmental degradation;
(c)
Conformity with the design standards included in or cited by
these regulations.
[2]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(3)
If the Board modifies and disapproves such plan, it shall state
with its vote the reasons for its action. Final approval, if granted,
shall be endorsed on the reproducible drawing of the definitive plan
by the signatures of the majority of the full Board, but not until
the statutory twenty-day appeal period has elapsed following the filing
of the certificate of the action of the Board with the Town Clerk
and said Clerk has notified the Board that no appeal has been filed,
or if appeal has been taken, not until the entry of a final decree
of the court sustaining the approval of such plan.
(4)
Final approval of the definitive plan does not constitute the
laying out or acceptance by the Town of streets within a subdivision.
Such laying out or acceptance shall be by action of the Town Council
upon recommendation of the Planning Board and the Department of Public
Works.
[Amended during codification]
(5)
In the event of disapproval, the Planning Board shall state
in detail wherein the plan does not conform to these Rules and Regulations
of the Planning Board or the recommendations of the Health Board or
officer and shall revoke its disapproval and approve of a plan which,
as amended, conforms to these Rules and Regulations or recommendations.
Any amended plans which are resubmitted for approval shall follow
the same procedures as the original submission (filing fee, public
hearing, etc.). Any amended plans submitted later than nine months
following the date of the expiration of the appeal period or appeal(s)
on the disapproval of the originally submitted plan must conform to
the Subdivision Rules and Regulations and procedures (filing fee,
public hearing, etc.) that are in effect at the time of the amended
plan's filing.
C.
Endorsement.
(1)
A plan that has been approved, approved with modifications,
or approved with conditions shall not be endorsed until after the
mandatory twenty-day appeal period has elapsed and not until the applicant
has:
(a)
Posted the necessary performance guarantee. The monetary value
of said guarantee, when using any method other than a covenant, shall
be based on a revised construction quantity estimate (see § 215-1.25D)
if conditional approval of the subdivision was given and if said approval
changed the original quantities. In addition, the monetary value of
the performance guarantee shall reflect projected construction costs
of completing the project at the end of the expiration of said guarantee.
(b)
Made the necessary corrections, whenever applicable, on the
plan, easements, master deeds, restrictive covenants, etc., if conditional
approval was given to the satisfaction of the Board.
(c)
Presented to the Board, and the Board has subsequently approved,
any additional information requested as part of a conditional approval.
(e)
Delivered to the Board two sets of reproducible (Mylar) drawings
of the definitive plan with the necessary corrections. After endorsement
by the Board, the applicant shall deliver to the Board 12 sets of
copies of the endorsed definitive plan.
(2)
Failure of the applicant to meet the above requirements shall
be full and sufficient reason to withhold endorsement.
(3)
If the applicant fails to submit the required performance guarantees,
easements, and other documentations and the endorsement of the plan
by the Planning Board is delayed more than six months after the expiration
of the twenty-day appeal period, the Planning Board, on its own motion,
shall exercise its power to modify, amend, or rescind its approval
of the subdivision plan or to require a change in the plan as a condition
of said plan retaining the status of an approved plan.
D.
Performance guarantee. In accepting the Board's approval of a definitive plan of a subdivision, the applicant agrees to complete the required improvements specified in Articles VII and VIII for all lots in the subdivision, such construction and installation to be secured in accordance with MGL c. 41, § 81U of the Subdivision Control Law by one, or in part by the other, of the following methods, which may from time to time be varied by the applicant:
(1)
Approval with bonds or surety. The applicant shall either file a surety company performance bond or provide a deposit of money or negotiable securities in an amount determined by the Board, which may consult with the appropriate Town departments, to be sufficient to cover the cost of all or any part of the improvements specified in Articles VII or VIII not covered by a covenant under Subsection D(1)(b) below. Such bond, deposit of money or negotiable securities shall be approved as to form and manner of execution by the Board.
(2)
Approval with covenant.
(a)
Instead of filing a bond or depositing money, the applicant may fulfill
a covenant executed and duly recorded by the owner of record, running
with the land, that no lot in the subdivision shall be sold and no
building erected thereon until such ways, services, and, whenever
applicable, temporary turnarounds are constructed and installed, in
accordance with these Rules and Regulations, so as to adequately serve
the lots.
(b)
Such covenant shall be inscribed on the definitive plan or on a separate
document referred to on the plan and delivered to the Planning Board.
The Planning Board shall turn over the covenant agreement to the Town
Counsel, who shall review its contents and forward his comments in
writing to the Board. Upon approval of the covenant by the Board,
the applicant shall note the Board's action on the definitive
plan and the Board shall record the covenant, endorsed definitive
plan, and other appropriate documents at the Hampden County Registry
of Deeds.
E.
Completion time schedule.
(1)
The performance guarantee, whether by bond, deposit of money,
or covenant, as previously described herein, shall be contingent upon
the completion of such improvements as required in these Rules and
Regulations within a period of two years of the date of such bond,
deposit of money, or covenant. There shall be at least a nine-month
period between completion date of all improvements and the expiration
date of any bond or deposit of money. Said nine-month period shall
give the Town the opportunity to complete necessary improvements in
case:
(2)
Upon written request from the applicant, the Planning Board
may, at its discretion, grant an extension of time, and such agreement
shall be executed and affixed to the bond or covenant.
(3)
In the case of a surety company bond, such an agreement for
an extension shall not be effective until the surety delivers to the
Board a written statement that the surety agrees to the proposed alteration
of the completion schedule and that such alteration shall not relieve
or affect the liability of the surety company.
(4)
Failure to complete all improvements as required by these Rules
and Regulations within the time allotted shall cause the Board:
F.
Recording of plan. The Board, within 10 days after the definitive
plan has been endorsed, shall record said plan, Form F,[3] and, whenever applicable, the Board's order of conditions,
public easements (plans and documents), restrictive covenants, master
deeds, etc., at the Hampden County Registry of Deeds, and in the case
of registered land, with the recorder of the Land Court. The cost
of said recording shall be borne by the developer. Subsequent to said
recording, the Board shall file with the Building Inspector, within
seven calendar days, one print of the definitive plan. Unless the
Building Inspector has received such print, he shall issue no permit
for a building on any lot within the subdivision. Further, in accordance
with the statute, where approval with covenant is noted thereon, he
shall issue no permit for the construction of a building on any lot
within the subdivision except upon receipt from the Board of a copy
of the certificate of performance releasing the lot in question.
[3]
Editor's Note: Form F appears in Appendix A, which is included
as an attachment to this chapter.
A.
Procedures for partial release. The subdivider may, upon partial completion and installation of required improvements in a subdivision, as specified in Articles VII and VIII of these Rules and Regulations, the security for the performance of which was given by bond, deposit of money, or covenant, make formal application, in writing, to the Planning Board for partial release of his performance guarantee, in accordance with the procedures set forth herein:
(1)
Bond or deposit of money. The penal sum of any such bond or the amount of any deposit held may, from time to time, be reduced by the Planning Board, upon formal application in the manner prescribed herein, and the obligations of the parties thereto released by said Board in part. The applicant shall present to the Board a list of all construction items performed and/or completed, said list to be based on § 215-1.25D, as well as a list of all construction items still to be performed, and the estimated costs of completing such items. The amount to be reduced by the Board, after consultation with the Department of Public Works, shall be based upon prevailing construction costs for the work remaining to be completed at the time of application for reduction is made. In addition, the Board shall withhold a 10% retainer on any reduction it approves, said retainer to be released under Subsection B below.
[Amended during codification]
(2)
Covenant. The subdivider may request a release of conditions
for designated lots where the required improvements have been completed
for that section of roadway beginning at any intersection with a Town
road and abutting lots up through the last lot to be released. Lots
may only be released if they abut the completed portion of the road.
No partial release from the covenants will be approved if the total
length of roadway, including a temporary turnaround, abutting said
designated lots, exceeds the Town's maximum allowable length
for dead-end streets, as mentioned in § 215-1.31E, unless
the Board has already approved within the limits of the development
a dead-end street exceeding said limits.
B.
Procedures for full release. The subdivider may make formal application,
in writing (see Appendix A, Form G[1]), to the Planning Board for full release of his/her/their performance guarantee upon completion and installation of required improvements in a subdivision, as specified in Articles VII and VIII of these Rules and Regulations, when the performance guarantee was given by bond, deposit of money, or covenant. Before the Planning Board releases the full interest of the Town in said performance guarantee, the Planning Board shall:
(1)
Obtain in writing from the Town engineering consultant or from
a registered professional engineer chosen by the Board a certificate
or statement that all work required by these Rules and Regulations
has been constructed in conformance with the approved construction
plans. In cases where roadways will remain under private ownership,
the above-mentioned certificate or statement shall be supplied by
the project's registered professional engineer.
(2)
Obtain from the applicant a set of record construction plans.
Said plans shall include, but not be limited to, all the information
requested in Appendix G, Record Plans.[2] Approval of said plans by the Board shall take place after
review of the former by the Town Engineer.
[2]
Editor's Note: Appendix G is included as an attachment to
this chapter.
(3)
Receive from the applicant a street acceptance plan or plans
and necessary documents, as stated in Appendix H, Street Acceptance
Plans.[3] Said plans and documents, after approval by the Board
and the Town Engineer, shall be presented by the Planning Board to
the Town Council for a formal street acceptance.
[Amended during codification]
[3]
Editor's Note: Appendix H is included as an attachment to
this chapter.
(4)
The applicant may be required to execute an instrument, in a
form approved by the Board, transferring to the Town or to an approved
public utility company, without cost, valid unencumbered title to
all sanitary sewers, water mains, and appurtenances thereto, and other
utilities constructed and installed in the subdivision or approved
portion thereof, and conveying to the Town or to an approved public
utility company, without cost and free of all liens and encumbrances,
perpetual rights and easements to construct, inspect, repair, renew,
replace, operate, and forever maintain such sanitary sewers, water
mains and other utilities, with any manholes, conduits, and other
appurtenances, and to do all acts incidental thereto, in, through,
and under the whole of all streets in the subdivision or approved
portion thereof; and if any such sewers or water mains have been constructed
and installed in land not within such streets, then in, through, and
under a strip of land extending 15 feet in width on each side of the
center line where it deems necessary.
(5)
If the Planning Board determines that all improvements as shown
on the endorsed definitive plan have been completed satisfactorily,
it shall release the interest of the Town in such performance guarantee
and return the bond or deposit, including the 10% retainer, to the
person who furnished the same, or release the covenant, by appropriate
instrument, duly acknowledged, which may be recorded.
(6)
If the Planning Board determines after inspection that said
construction or installation has not been completed, or wherein said
construction or installation fails to comply with these Rules and
Regulations, the Planning Board shall send by registered mail to the
applicant and deliver to the Town Clerk the details wherein said construction
or installation fails to comply with its rules.
(7)
The applicant shall have 30 days after receipt of such notice
to correct all problems mentioned in the above. Failure of the applicant
to finish all the necessary work within said 30 days shall cause the
Board to draw upon the bond or deposit of money as mentioned below.
(8)
Any such bond may be enforced and any such deposit may be applied
by the Planning Board for the benefit of the Town of Palmer, as provided
in MGL c. 41, § 81U upon failure of the performance for
which any bond or deposit was given to the extent of the reasonable
cost to the Town of completing such construction and installation.
[Amended during codification]
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
C.
Release of lots from covenant in exchange for bond or deposit of
money. The subdivider may request a release of lots from covenant
in exchange for a bond or deposit of money, provided that:
(1)
The lots run consecutively and are released on both sides of
the road simultaneously, beginning with the lots nearest any intersection
of the subdivision road and a Town road; lots across the road from
each other must be released together.
(2)
The amount of the surety bond shall be determined by the Planning
Board, based on regulations as set in § 215-1.25D and § 215-1.26C(1)(a).
The amount of the surety bond shall be determined on a request basis,
and each request shall be judged on its own merits.
[Amended during codification]
A.
After approval of any definitive plan, the location and width of
ways shown thereon, or any street or way subject to the Subdivision
Control Law, shall not be changed unless the plan is amended in accordance
with the provisions set forth in MGL c. 41, § 81W, as amended,
and approved by the Planning Board.
B.
In the event the applicant desires to alter or change the grade of
a street or the size, location, or layout of a storm, sanitary or
water line or appurtenant structure:
(1)
The applicant shall provide the Planning Board with a written
statement requesting such alteration or change.
(2)
The applicant shall provide the Board with three prints of the
original definitive plan with the proposed changes drawn on said prints
in red.
(3)
No change or alteration shall be permitted unless such change
or alteration has been approved by the Planning Board.
(4)
After approval of a change or alteration, the applicant shall
cause such approved changes to be shown on the record plans.
(5)
Deviations from material and construction specifications shall
not be allowed, except as specifically authorized by the Planning
Board, upon consultation with the Town's engineering consultant.
(6)
The Board shall have 45 days to respond to the applicant's
request for said change or alteration.
B.
The Planning Board may elect not to consider such revised plans or
other additional materials if such plans/materials are not filed with
the Planning Board at least 14 calendar days prior to the date of
the public hearing or meeting at which the developer wishes them to
be considered. This is to ensure that the Town departments, consultants
and the public have adequate time to review and comment on said materials.
