Article III Plan Submission and Approval Procedure

Planning Board submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Planning Board:

A Form B application (see Appendix).[1]

[1]

Editor's Note: See Appendix 5, Forms, included as an attachment to this chapter.

Twelve copies of the preliminary plan.

A filing fee as established by the Town of Sturbridge (see Appendix).[2]

[2]

Editor's Note: See Appendix 4, Schedule of Administrative and Project Review Fees, included as an attachment to this chapter.

If required by the Planning Board, a consultant review fee as established in § 350-5.4 of these regulations.

Board of Health submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Board of Health:

A copy of the Form B application.

One print of the preliminary plan.

Town Clerk submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Town Clerk, by hand delivery or certified mail, a copy of the Form B application and the preliminary plan.

Other. In addition to those items required to be submitted, it is requested that the following be furnished:

A locus plan of the subdivision, showing its street configuration in relation to the surrounding area within 1,600 feet of the perimeter of the subdivision and to zoning district boundaries, at a scale of one inch equals 800 feet.

In the case of a subdivision covering less than all of the land owned by the subdivider in the area of the subdivision, a plan showing in a general manner the proposed overall development of all of said land.

Preliminary findings, in a general way, of the environmental impact analysis, if expected to be required.

Completeness review. The Planning Board's designee will be responsible for ensuring the completeness of all preliminary plan applications, and shall notify all applicants of any deficiencies with their preliminary plan application within 14 days of submission to the Planning Board. Applicants should be advised that failure to submit or provide any required item shall be deemed a deficiency, and the Board may act to deny the application based on its technical deficiencies. Submissions pertaining to Subsection B(1)(d), consultant review fee, are not required prior to application acceptance.

Plan contents. Said preliminary plan should show sufficient information about the subdivision to form a clear basis for discussion of its problems and for the preparation of the definitive plan and shall show:

The subdivision name, boundaries, North arrow, date, scale, legend and the title "Preliminary Plan."

The name and address of the record owner, applicant, Massachusetts registered engineer and Massachusetts registered surveyor.

The names of all abutters within 300 feet of the property from the most recent tax list.

Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision, in a general manner.

The proposed system of drainage, including adjacent existing natural waterways, in a general manner.

(6)

The approximate boundary lines of proposed lots, with approximate areas and dimensions.

(7)

The location, names, widths and condition of adjacent streets approaching or near the subdivision.

(8)

Topography at two-foot intervals and approximate location of any wetlands (as defined by MGL c. 131, § 40 and by Sturbridge Conservation Commission Regulations[3]), to include all abutting parcels within 200 feet.

[3]

Editor's Note: See Ch. 365, Wetlands Regulations.

(9)

Anticipated wetlands protection related issues, if any.

(10)

The proposed system and preliminary analysis of water supply and septage management.

Approval. Before approval of the preliminary plan, a public hearing will be held by the Planning Board. Notice of such hearing shall be given by the Board by advertisement in a newspaper of general circulation in the Town 14 days before the day of the public hearing. A copy of said notice shall be mailed to the applicant and all owners within 300 feet of the subdivision as appear on the most recent tax list. Within 45 days after the date of submission of a preliminary plan, the Planning Board shall notify the applicant and the Town Clerk either that the plan has been approved or that the plan has been approved with modification suggested by the Board or agreed upon by the person submitting the plan or that the plan has been disapproved. In the case of disapproval, the Planning Board shall state, in detail, its reasons therefor in accordance with Section 81S of the Subdivision Control Law (MGL c. 41, § 81S). Such approval does not constitute approval of a subdivision, but does facilitate the procedure in securing final approval of the definitive plan.

Definitive stage. After approval of the preliminary plan, the applicant may proceed to the definitive plan stage. The definitive plan must be submitted within seven months after the submittal of the preliminary plan and must be evolved from it to retain exemptions from zoning changes and amendments to the subdivision rules and regulations. The Planning Board must schedule a hearing and make a decision within 90 days of the submission of the definitive plan.

§ 350-3.2 Definitive plan.

Submittals.

Planning Board submittals. Any person who desires approval of a definitive plan of a subdivision shall submit 12 copies of the following to the Planning Board, including the application cover sheet, Form C (see Appendix[1]):

The definitive plan, as described at Subsection B of this section. The original definitive plan drawing will only be needed if and when the actual endorsement of the plan takes place.

Street plans and profiles of every proposed street, as described at Subsection C of this section.

At the same scale as the definitive plan, a development plan of the premises plus adjoining land within 300 feet of the property line. The development plan shall show topography at two-foot intervals, graphic drainage analysis, including distinction between upland and wetland (as defined by MGL c. 131, § 40 and the Sturbridge Wetland Bylaw[2]) and location of tree cover, ledge outcroppings, outstanding individual trees of ten-inch diameter or greater within 50 feet of all proposed rights-of-way, location of proposed trees, large boulders, existing structures, including fences and walls, and proposed lot lines. If located within the Floodplain District, the location of the base flood elevation (100-year flood) shall be indicated. Wetlands delineation shall be based upon field identification and flagging by a botanist qualified for wetlands identification under the Wetlands Protection Act. It is strongly recommended that the wetlands identification be done in coordination with the Conservation Commission.

[2]

Editor's Note: See Ch. 286, Wetlands, of the Town bylaws.

A stormwater management plan indicating both on-site and off-site contributory areas, including calculations for the sizing of drainage pipes in accordance with § 350-4.3. The stormwater management plan shall include a groundwater recharge comparison between pre- and post-development conditions. The stormwater management and drainage calculations shall be prepared and signed by a registered professional engineer and be filed as part of the definitive plan. The stormwater management plan shall be drawn to scale and shall show the incremental areas contributing to each catch basin, ditch or watercourse, including contributory areas outside of the subdivision. The stormwater management plan shall also show existing and proposed contours as required above.

An overlay at the same scale as the definitive plan, showing the Natural Resources Conservation Service interpretation of suitability for on-site sewage effluent disposal or showing United States Geological Survey surficial geology, or both, except for areas proposed to be served by Town sewerage.

Test pit logs, with not more than one pit required per four proposed lots, selected to reveal general patterns of subsurface characteristics, after consultation with the Board of Health. Locations of test pits shall be indicated on the development plan.

(g)

Where connection to the public water system is not proposed, description of provisions to be made for water for fire-fighting and information adequate to allow determination of compliance with requirements of § 350-4.4, Utilities, Subsection A, Water supply, regarding potable water quality and quantity.

(h)

A comprehensive erosion and sedimentation control plan indicating the erosion control measures to be employed, including a description of locations of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques and sediment basins and a narrative description of how erosion from individual lots onto streets and into drainage systems is proposed to be controlled.

(i)

A locus plan of the subdivision showing its street configuration in relation to surrounding streets within 1,600 feet of the perimeter of the subdivision and to zoning district boundaries, at an appropriate scale.

(j)

Prints, 8 1/2 inches by 11 inches, showing an outline of the subdivision at a scale of 100 feet or 300 feet to the inch, showing all ways and lots, street names, lot numbers and street numbers.

(k)

The environmental impact analysis, if not expressly waived by the Planning Board.

(l)

Construction details and specifications and road cross-sections for each cross-section variant; except that where the proposed cross-sections are identical with those shown in this regulation, annotation to that effect may be placed on the definitive plan, and the cross-section drawing may be omitted.

(m)

Landscape plan, as required under § 350-4.5E.

[1]

Editor's Note: See Appendix 5, Forms, included as an attachment to this chapter.

Other Planning Board submittals. Any person who desires approval of a definitive plan of a subdivision or modifications thereto shall submit the following to the Planning Board:

North arrow references, references to plans of record, ties into the Mass. Coordinate System, ties into county layouts, evidence of ownership, language of any easements, covenants or deed restrictions applying or proposed to apply to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision and description of erosion control methods at all critical locations, showing existing and proposed grades for the width of the right-of-way and, at a minimum, at least 25 feet on each side, or to a point where the slopes return to original ground; and, if requested, traverse notes.

Two copies of properly executed Application Form C (see Appendix)[3] and the definitive plan.

[3]

Editor's Note: See Appendix 5, Forms, included as an attachment to this chapter.

A filing fee and a fee per lot potentially created by the plan as established by the Town of Sturbridge. The application fees must accompany the application. See Appendix.[4]

[4]

Editor's Note: See Appendix 4, Schedule of Administrative and Project Review Fees, included as an attachment to this chapter.

A Board of Assessors certified list of names and mailing addresses for all abutters as they appear on the most recent local tax list, including property owners on the opposite side of any streets abutting the subdivision.

A description of the land and the proposal, suitable for advertising.

Sight distance computations in accordance with § 350-4.2B(6).

Town Clerk submittals. Any person who desires approval of a definitive plan of a subdivision shall submit the following to the Town Clerk by hand delivery or registered or certified mail:

A notice stating the date of definitive plan submission to the Planning Board.

A copy of the completed application Form C and plan.

Board of Health submittals. Any person who desires approval of a definitive plan of a subdivision shall file one copy of each of the following with the Board of Health:

Definitive plan.

Development plan.

Environmental analysis, as well as information required in Subsection A(1)(e) and (f), if applicable.

Completeness review. The Town Planner will be responsible for ensuring the completeness of all definitive plan applications, and shall notify all applicants of any deficiencies with their definitive plan application within 14 days of submission to the Planning Board. Applicants should be advised that failure to submit or provide any required item shall be deemed a deficiency, and the Board may act to deny the application based on its technical deficiencies. Submissions pertaining to § 350-5.4, consultant review fee, are not required prior to application acceptance.

Definitive plan contents.

The definitive plan shall be prepared by a Massachusetts registered professional engineer and registered land surveyor project design team and shall be prepared utilizing AutoCAD Release 14 or another Town-approved drawing package. The plan shall be at a scale of one inch equals 40 feet or other such scale as the Board may accept to show details clearly and adequately. Sheet sizes shall be 24 inches by 36 inches. If multiple sheets are used, they shall show each lot in its entirety on one sheet and shall be accompanied by an index sheet showing the entire subdivision at a scale of one inch equals 200 feet. The index sheet shall correlate to match lines shown on individual sheets.

In addition, the proposed subdivision shall be tied into the Mass. Coordinate mainland plane of 1983-1988 (a minimum of three points at the third order of accuracy) and the nearest existing county layout plan within 500 feet. All horizontal surveys shall be made to second order accuracy of one to 12,000, and vertical surveys shall be to second order accuracy. All surveys shall conform to the Massachusetts Board of Registration of Professional Engineers and Land Surveyors Procedural and Technical Standards for the Practice of Land Surveying and also the Land Court's latest instructions.

The definitive plan shall include:

A title stating the date, scale and benchmark(s); the name and address of the record owner and subdivider, engineer or surveyor; the name of the subdivision, if any; the names of proposed streets; and the zoning classification.

The meridian used, Town meridian if required.

The location and ownership of abutting property.

The location and character of all rights-of-way or other easements, existing or proposed.

The lengths and bearings of plan boundary lines.

The lengths and bearings of all subdivision lot lines, including lot frontages on the streets.

(g)

The location of all permanent monuments, identified as to whether existing or proposed.

(h)

The lengths, radii, tangents and central angles of all curves in the lot lines.

(i)

The location, names and present widths of all adjacent streets bounding, approaching or within reasonable proximity of the subdivision, sufficient to analyze the traffic flow.

(j)

The area of lots, with street (house) numbers, and areas of other adjoining vacant land not included in the subdivision. Street numbers will be obtained as directed by the Sturbridge Assessor's Office. An area shall be provided for inclusion of street numbers on each lot prior to endorsement.

(k)

Details on one or more of the plan sheets showing appropriate sewer, drainage, water and roadway sections; and other stormwater, stabilization and fire protection structures, and lighting or sign installations and landscaping plantings in accordance with the Sturbridge Department of Public Works standards and details contained in the Appendix or after concurrence with the DPW Director. Where unusual site conditions require additional details, where the subdivider is proposing a unique construction solution, or where the Planning Board or Department of Public Works requests additional information, such as proposed flows and demands, details shall be submitted by the subdivider.

(l)

Conformance with the upland area requirements in Chapter 300, Zoning, § 300-4.1, unless the lots are serviced by Town water and sewer.

(m)

The location of all sidewalks, driveway aprons, trees and grass plots.

(n)

The street classification of all roads.

(o)

North arrow and North arrow reference.

(p)

Regularity factor for each lot (see Appendix).[5]

[5]

Editor's Note: See Appendix 6, Regularity Factor Formula, included as an attachment to this chapter.

(q)

Assessor's map, block and parcel numbers.

Street plan and profile contents. For each street there shall be a separate plan at one inch equals 40 feet and a profile at one inch equals 40 feet horizontal, one inch equals four feet vertical, showing the following data:

The exterior lines of the way, with sufficient data to determine its location, direction and length.

The existing center-line profile to be shown as a fine, continuous line; existing center-line profile for intersecting streets to be shown for at least 100 feet each side of the intersection of the street center lines.

The proposed center-line profile, to be shown as a heavy, continuous line, with elevations shown every 50 feet (25 feet on vertical curves).

Existing and proposed watercourses, ponds and wetlands and corresponding buffer areas.

Road center line stationing.

(6)

All sewer and drainage facilities, to be shown on the profiles indicating proposed pipe sizes, slopes and rim and invert elevations and, on the street plans, showing pipe sizes, and notations of demand and flow characteristics.

(7)

The plan location and size of existing and proposed ductile iron pipe water mains, hydrants and main gate valves.

(8)

The location of proposed streetlights.

(9)

The location of existing and proposed street paving, sidewalks and curbs.

(10)

Proposed grade stakes, to be set by a Massachusetts registered professional land surveyor at a minimum of fifty-foot stations for roadway right-of-way, center line, sidelines and sidewalks.

Environmental impact analysis. An environmental impact analysis shall be submitted for any subdivision proposing five or more dwelling units and in all cases involving commercial and industrial development. The analysis shall be prepared by an interdisciplinary team, to include a civil engineer and an architect or landscape architect and wetland biologist/scientist. The Planning Board will require that the scope of such analysis include as many suggestions as provide for the greatest public benefit in the areas of environmental protection and preservation listed below:

Impact upon ground and surface water quality and level, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, toxic wastes, storage of petroleum products and other activities within the development. For all developments located in whole or in part within Water Resource Districts, this shall include analysis of open and closed drainage system alternatives, examining effects upon the basic water budget and upon the speed of transport of contaminants.

Material effects upon wildlife habitats, outstanding botanical features and scenic or historic qualities and character.

Capability of soils, vegetative cover and proposed erosion control efforts to support proposed development without danger of erosion, silting or other instability.

Relationship to the requirements of MGL c. 131, §§ 40 and 40A, the Wetlands Protection Act, and the Town of Sturbridge Wetlands Protection Bylaw.[6]

[6]

Editor's Note: See Ch. 286, Wetlands, of the Town bylaws.

Impact upon the existing water supply and distribution systems and well capacity of the Town.

(6)

Pretreatment of waste materials considered by the Department of Environmental Protection to be hazardous to the public, including but not limited to the proper containment and handling of petrochemical substances.

(7)

Projected municipal water supply, demand, flows and pressure.

Community impact analysis. If the subdivision contains more than 25 units, an impact analysis, quantitative and qualitative, shall be prepared showing the effect of the proposed project on school enrollments, police and fire services, traffic impacts and municipal services.

Performance guaranty.

Form of guaranty. Before the Planning Board endorses its approval of a definitive plan, the developer shall agree to complete, without cost to the Town, all improvements required by this regulation and shall provide security that he will do so, either by covenanting not to sell or build upon any lots until completion of the improvements (which covenant must be referred to on the plan and registered or recorded with it) or by posting bond or other security which the Town can utilize in the event that the improvements are not completed within two years (unless a phasing plan has been approved), or by some combination of these. Such security shall provide, among other things, that no building permit shall be issued until streets or ways serving such structures have been graded to within one foot of final subgrade and that no structure shall be occupied until streets or ways serving such structure have been surfaced with at least the two-inch (minimum) binder course. The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest. The Board may release the developer from the covenant upon receipt of an agreement executed by the applicant and by the holder of a first mortgage on the premises providing for retention of funds and their availability to the Town upon default. (See MGL c. 41, § 81U, 11th paragraph.)

Release of guaranty. Following request for final release of the guaranty (either bond or covenant) and at least 30 days prior to granting same, the Planning Board shall give public notice of the request for release by advertising, at the expense of the subdivider, in a newspaper enjoying substantial circulation in the community. Full security shall not be released until the integrity of road pavement and drainage has been verified following a full winter of use, December 1 to March 31, until trees and other vegetation have been established, until as-built plans are received and until a report, in writing, has been received by the Board from the Department of Public Works Director stating that the work has been fully completed in an acceptable manner. See Appendix.[7]

[7]

Editor's Note: See Appendix 5, Forms, included as an attachment to this chapter.

Bond estimate and bond reductions.

Along with each request from a developer for a bond estimate or a bond reduction, a fee, as established by the Town of Sturbridge, shall be paid.

Said fee represents the costs incurred by the Town of Sturbridge or its designee to review said bond estimate or bond reductions.

Reductions for systems (water, sewer, drainage) shall not be granted until the system is complete, tested by a certified engineer or agent and operational.

There is a 25% contingency added to the total bond estimate for the entire subdivision and the Board retains a minimum of 10% of the original bonding amount for maintenance of streets and systems. In the case of a non-private street, drainage and Town utilities, if present, and the cleaning of structures of debris, this security is released only after the subdivision street(s) has been accepted by the Town Meeting. This retained sum is released for private streets at the Board's discretion.

Town acceptance of improvements. If a definitive plan shows streets or roadways that will become Town streets or roadways, a nonrefundable fee, as established by the Town, shall be paid to the Town of Sturbridge for each such street or roadway before the Planning Board releases security for the street or portion of the street. Said fee shall be used to defray the engineering, GIS mapping, legal, appraisal, recording and administrative costs related to the Town's acceptance and acquisition of such streets or roadways and any underlying or related sewer, water, drainage or other easements or interests.

No bond estimate or reduction shall be established or released without a DPW inspection and written memorandum of recommendations to the Planning Board.

Review by Board of Health. The Board of Health shall report to the Planning Board, in writing, its approval or disapproval of the plan and, in the event of disapproval, shall make specific findings as to which, if any, areas 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. Particular attention shall be paid in those cases where the developer has proposed low-pressure sewerage systems. Recommendations shall be made as to the suitability of such systems instead of a gravity system. The Board of Health shall send a copy of such report, if any, to the person who submitted said plan. Any approval of the plan by the Planning Board shall then only be given on condition that no building or structure shall be built or placed upon the areas designated without written consent of the Board of Health, which shall endorse on the plan such condition, specifying the lots or land to which said condition applies.

Public hearing.

Definitive plan. Before approval of the definitive plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Planning Board by advertisement at applicant expense in a newspaper of general circulation in the Town, 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 the Planning Board at applicant expense to the applicant and to all owners within 300 feet of the subdivision as appearing in the most recent tax list.

Waivers. Requests for waivers from these Planning Board regulations shall be submitted with the definitive plan and either stated on the plan or contained in a separate instrument attached thereto and referenced on said plan. All such requests for waivers shall be heard at the public hearing on the definitive plan. For each waiver requested, the applicant shall provide the following data for application review:

The reason the waiver is requested;

Alternatives to granting the waiver;

Impact of waiver denial on the project; and

Reasons the applicant believes the granting of the waiver is in the best interests of the Town.

Decision. After the public hearing, the Board will approve, modify and approve or disapprove the definitive subdivision plan submitted.

Criteria for action by the Board shall be the following:

Completeness and technical adequacy of all submissions and payment of all required fees.

Determination that development at this location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible natural disasters, traffic hazard or other environmental degradation.

Conformity with the requirements of Article IV, Design and Construction Standards, of this regulation.

Determination, based upon the environmental analysis (where submitted), that the subdivision as designed will not cause substantial and irreversible damage to the environment, which damage could be avoided or ameliorated through an alternative development plan.

Conformity with all applicable zoning requirements, special permits or variances.

Consistency with the purposes of the Subdivision Control Law.

Notice of such action, or of an agreed extension of the time for such action, must be provided by the Planning Board to the Town Clerk within 90 days following the date of submission of the plan if it follows a preliminary plan, or 135 days following the date of submission in cases where no preliminary plan was submitted.

Condition of approval.

Any definitive subdivision plan approved hereunder, or any modification of any such subdivision plan previously approved, shall receive an approval which shall be automatically limited to a period of two years, unless a phased plan has been approved; or unless one of the following two events occurs within two years from the date of approval of such plan and not the date of endorsement nor the date of recording of such plan:

[1]

Event 1. Issuance of a determination of completion by the Department of Public Works Director in accordance with § 350-5.2E and a vote of acceptance by the Planning Board of the determination of completion, which said determination shall then be recorded with the Town Clerk and binding on all parties.

[2]

Event 2. Issuance of a one-year extension by the Planning Board, which extension may only be granted upon petition by the applicant before the initial term expires; such a request for extension shall be deemed to be a request for modification of the approved definitive subdivision plan.

In the event than an applicant has failed to so perform within the requisite period, the previously issued conditional approval is deemed rescinded without any further action by the Planning Board and no extension or modification shall be granted. An applicant may apply for a new definitive subdivision plan approval for the site; however, the application will be subject to all the rules and regulations then in effect.

In every event, the Planning Board shall retain jurisdiction over every subdivision until such time as the determination of completeness has been accepted by the Planning Board.

Certificate of approval.

Any actions, approvals, certifications, endorsements and other votes taken under the Subdivision Control Law shall be by a majority of the members of the Board. Such majority shall be considered the quorum of the Board, and a concurring vote of such quorum shall be necessary to effect a favorable action.

Certificate.

The action of the Board in respect to such plan shall be by vote. Copies of the vote shall be certified and filed with the Town Clerk and sent by delivery or registered mail to the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its actions. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signature of a majority of the Board or by the signature of the person officially authorized by the 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.

Prior to endorsement by the Planning Board, the applicant shall submit the approved version of the plan on a CD ROM in AutoCAD Release 14 format (or any subsequent release which the Sturbridge Town Planner adopts) to the Planning Board for review and approval. The digitized version of the definitive plan shall be identical, full size, and shall contain all information included on the plan of land, topographic plan views and plan and profile sheets. Layer names shall conform to Town Planner standards. Failure to submit such information shall be cause for the Planning Board to rescind approval or not to endorse said plans.

After the definitive plan has been approved, endorsed and registered, the applicant shall furnish the Board with five prints thereof. Said plans shall contain the following: the title of the definitive plan, street numbers and street names and Worcester County Registry of Deeds references.