A.
Submission of plan. 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 the plan does not require approval under
the Subdivision Control Law (MGL c. 41) may submit the plan and six
contact prints of the plan, each folded to 8 1/2 inches by 11
inches maximum, with title side out thereof, along with the original
Mylar, and two copies of a properly executed Form A to the Board at
a designated regularly scheduled meeting of the Board, accompanied
by the necessary evidence to show that the plan does not require approval.[1] Said person shall file, by delivery or registered mail,
a notice with the Town Clerk stating the date of submission to the
Board for such determination, accompanied by a copy of said application
receipted by the Board and describing the land to which the plan relates
sufficiently for identification. If the notice is given by delivery,
the Town Clerk shall, if requested, give a written receipt therefor.
(1)
Each submittal must be accompanied by a filing fee per lot created,
in accordance with the most recent fee schedule. Make checks payable
to the Town of Groveland.
(2)
The classification and precision of surveys shall conform to the
standards defined under 250 CMR 6.00, latest edition.
(3)
In the event that the requirements of Subsection B below are not fully complied with by the applicant, the submittal shall be considered incomplete and returned for a future submittal.
(4)
The applicant shall file the original Mylar in the Registry of Deeds
and deliver to the Planning Board six certified copies of the plan
bearing the Registry filing and certification as filed in the Registry.
[1]
Editor's Note: Form A is available from the Town offices and
on the Town website, www.grovelandma.com.
B.
Contents. Said plan shall be legibly drawn in accordance with the
rules and regulations of the Registry of Deeds (MGL c. 36, § 13A,
latest amendment) pertaining to plan size, material, lettering, and
related requirements and shall contain all required seals and signatures
required by the Registry of Deeds prior to the recording of said plan.
The plan shall bear the seal and signature of the professional land
surveyor immediately responsible per MGL c. 112, §§ 81D
through 81T. The plan scale shall preferably be 40 feet to the inch
or such other scale as the Board may accept, and the plan documentation
shall contain the following:
(1)
Identification of the plan by name of owner of record and location
of the land in question, including the Assessor's Tax Map number and
lot number, the scale, North arrow, and date.
(2)
A locus map at a scale of 1,000 feet to the inch. Locus must show
all existing Town roads located within 2,000 feet of the site, both
within Groveland and within adjacent towns, with Town boundaries shown.
(3)
The statement "Approval Under Subdivision Control Law Not Required"
and sufficient space for the date and the signatures of all members
of the Board.
(4)
Zoning classification and location of any zoning district boundaries
that may lie within the locus of the plan.
(5)
In the case of the creation of a new lot, all the remaining abutting
land area and frontage of the land in the ownership of the applicant
shall be shown.
(6)
Notice of any decisions by the Zoning Board of Appeals, including
but not limited to variances and exceptions regarding the land or
any buildings thereon.
(7)
Names of abutters from the most recent local tax list unless the
applicant has knowledge of any changes subsequent to the latest available
Assessor's records.
(8)
Names and status (private or public) of streets and ways shown on
the plan.
(9)
Bearings and distances of all lines of the lot or lots shown on the
plan and the bearings and distances to the nearest permanent monument.
Frontage of each individual lot and total frontage shall be shown.
(10)
Indicate the minimum requirements of zoning for frontage, lot
area, lot width and yard setbacks.
(11)
All parcels of land must show total acreage, area of contiguous
buildable area, wetlands, and a circle with a diameter equal to 80%
of the applicable required frontage in accordance with the Groveland
Zoning Bylaw.
(12)
Accurate location of all existing structures, including all
wells, septic systems, surface and subsurface drainage, sump pits,
and building setback, side yard, and rear yard distances.
(13)
Location of all bounds, brooks, fences, trails, walls, easements,
and/or encumbrances. All predominant natural features (i.e., bodies
of water, etc.) must be shown with appropriate areas if applicable.
(14)
Existing topographic conditions at five-foot contour intervals;
include conceptual calculations of contiguous buildable area (CBA)
for each lot.
(15)
Include a statement on the plan that clearly indicates the purpose
of the plan and all actions/approvals being requested of the Planning
Board (i.e., lot line change, creation of "x" number of single-family
residential lots, etc.).
(16)
Indicate decisions and stipulations of any other boards' actions
on the plan (i.e., Zoning Board of Appeals decision and stipulations,
etc.).
C.
Endorsement of plan not requiring approval. If the Board determines
that the plan does not require approval, it shall, without a public
hearing and within 21 days of the submission, endorse the plan. The
Board may add appropriate comments on areas of the plan to draw the
attention of the Building Inspector; i.e., identifying lots not complying
with the minimum bylaw requirement.
D.
Determination that plan requires approval. If the Board determines
that the plan does require approval under the Subdivision Control
Law, it shall, within 21 days of the submission of the plan, so inform
the applicant in writing and return the plan. The Board shall also
notify the Town Clerk in writing of its action.
E.
Failure of Board to act. If the Board fails to act upon a plan submitted
under this section or fails to notify the Town Clerk and the person
submitting the plan of its action within 21 days after its submission,
unless an extension has been requested by the applicant and approved
by the Board, it shall be deemed to have determined that approval
under the Subdivision Control Law is not required, and it shall forthwith
make such endorsement on said plan; and on its failure to do so forthwith,
the Town Clerk shall issue a certificate to the same effect.
A.
Pre-application conference. Prior to submission of an application,
it is strongly recommended that the applicant confer with the Planning
Board to determine the procedure for approval of a subdivision and
the requirements as to general layout of streets, reservations of
open space, street improvements, drainage, sewerage, water supply,
fire protection and similar matters, as well as the availability of
existing services.
B.
Contents. The conceptual plan shall be drawn at a scale of 100 feet
to the inch or such other scale as the Board may accept. The plan
shall be designated as a "conceptual plan" and shall contain the following:[1]
(1)
The approximate boundaries of the total property, approximate location
of roadways, lots (including frontage and area).
(2)
The approximate topography of the land, with a five-foot contour
interval.
(3)
The conceptual layout of drains, sewers, utilities, etc., including
stormwater mitigation areas.
(4)
All other items as required on the conceptual plan checklist (Form
2).
(5)
Submit two copies of the conceptual plan application (Form 1) and
seven copies of the conceptual plan.
[1]
Editor's Note: The forms are available from the Town offices
and on the Town website, www.grovelandma.com.
C.
Approval of a conceptual plan. The Board will hold an informal meeting
with the applicant, at its next available scheduled meeting, to discuss
the conceptual plan. The Board may give such conceptual plan disapproval
or approval with or without modification and suggestions, after the
Board's review. Such approval does not constitute approval of the
subdivision, in any way, but facilitates the preparation of the preliminary
and/or definitive plan. The conceptual plan is merely an effort of
the Planning Board to inform the applicant early in the process and
is intended only to present its requirements for subdivision of property
to the applicant.
A.
Submission of a preliminary plan. Any person who submits a preliminary plan of a subdivision to the Planning Board for approval shall file with the Planning Board all items required in Subsections A and B of this section and the applicable filing fee and review fee in accordance with the latest fee schedule for a preliminary plan to be duly submitted in accordance with these rules and regulations and the General Laws of Massachusetts. Such submission shall be made to the Planning Board at a designated regularly scheduled meeting of the Planning Board. The filing fee and consultant review fee (separate check) shall be made payable to the Town of Groveland. The preliminary plan submission shall include the following:
(1)
Twelve contact prints of the preliminary plan, dark line on white
background, shall be filed with the Planning Board.
(2)
Three copies of a properly executed Form B (Application for Approval
of a Preliminary Plan), Form D-l (Professional Engineer's Certificate)
and Form D (Land Surveyor's Certificate), and Form E (Certified List
of Abutters).[1] The applicant shall be responsible for obtaining a certified
list of abutters from the Town Assessor's office and for notification
of all certified abutters regarding the proposed preliminary plan,
as may be required. Proof of notification shall be provided to the
Planning Board on or before the date of the public hearing.
[1]
Editor's Note: The forms are available from the Town offices
and on the Town website, www.grovelandma.com.
(3)
The developer shall also file by delivery or registered mail a notice
with the Town Clerk stating the date of submission to the Planning
Board, for such approval, accompanied by two copies of the completed
Form B (Application for Approval of a Preliminary Plan) receipted
by the Planning Board.[2]
[2]
Editor's Note: Form B is available from the Town offices and
on the Town website, www.grovelandma.com.
(4)
The developer shall also file a letter with the Planning Board, at
the time of submission, granting permission to the Planning Board
and its agents to enter the property for necessary on-site walks and
visits.
(5)
The preliminary plan shall be prepared by a professional engineer
and a professional land surveyor registered in Massachusetts. Pages
shall be clearly and legibly drawn. Sheet sizes shall be 24 inches
by 36 inches, including a 3/4-inch border.
B.
Contents. The preliminary plan shall be drawn on Mylar at a scale
of 40 feet to the inch or such other scale as the Planning Board may
accept. The plan shall be designated as a "preliminary plan" and to
form a clear basis for discussion of the details of the subdivision
and for preparation of the definitive plan, the plan shall contain
the following:
(1)
The subdivision name, if any, boundaries, North arrow, date, scale,
legend, title "Preliminary Plan," and an index of all pages and what
information is to be found on each page of the plan.
(2)
Each page must contain a title running along the entire right-hand
edge of each sheet showing the name of the subdivision, if any, in
the left-hand corner; the date; scale; the names, seals and signatures
and addresses of the engineer and surveyor who made the plan; the
page number and provisions for recording revision dates, including
a written description of each revision.
(3)
The names and addresses of all abutters within 300 feet of the parcel
boundaries, as determined from the most recent local tax list, unless
the developer shall have more recent knowledge of such abutters. The
abutters list shall be certified by the Board of Assessors.
(4)
The locus of the land shown on the plan with sufficient information
to accurately locate the plan (i.e., at least one intersection of
at least two existing Town roads, including Assessor's Tax Map numbers
and lot numbers). The scale shall be 1,000 feet to the inch. The locus
must show all existing Town roads located within 2,000 feet of the
site, both within Groveland and within adjacent towns, with Town boundaries
shown.
(5)
The existing and proposed lines of streets, ways, easements and any
public or common areas within the subdivision, in a general manner.
(6)
Major features of the land such as existing wells, septic systems,
walls, fences, monuments, buildings, wood roads, paths, trails, wooded
areas, outcroppings, ditches, wetland resource areas, swamps, water
bodies, wildlife habitat areas, and natural waterways. Where applicable,
aerial photographs may be required.
(7)
A plan of the type of systems for sewage disposal, water supply,
and surface drainage, in a general manner, including adjacent existing
natural waterways intended to receive stormwater. In addition, the
description of best management practices (BMPs) intended to be used
for stormwater controls to meet the requirements of these regulations
and the Massachusetts Stormwater Policy Act and the Town Stormwater
Management Bylaw and regulations.
(8)
The approximate boundary lines of proposed lots, with lot numbers,
approximate area dimensions, total frontage, circle with a diameter
equal to 80% of the applicable required frontage at the building site
indicated, and the contiguous buildable area.
(9)
The names, approximate location, and widths of adjacent streets,
and of streets approaching or within reasonable proximity of the subdivision.
(10)
The topography of the land with a two-foot contour interval
based on the North American Vertical Datum of 1988 (NAVD 88). Water
bodies and their elevations shall be shown, with the date of measurement;
starting and reference benchmarks shall be shown along with set benchmarks.
(11)
Soil types and locations based on the Groveland Report of the
United States Department of Agriculture, Natural Resources Conservation
Service, "Soils and Their Interpretations for Various Land Uses."
(12)
Letter designation of the proposed street in lieu of names,
plus a list of proposed street names.
(13)
Existing profiles of the exterior grade at the edge of the shoulder
and center line, assuming a pavement centered on the dedication, drawn
in fine black line: dot dash for left, dot dot dash for right side,
and dash for center line; and proposed profile on the finished center
line drawn in fine black solid line 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, together with
a cross section of the proposed road section.
(14)
Area of contiguous land and water of the owner not presently
being subdivided, with a conceptual plan showing a future street and
lot layout for such contiguous land, if any.
(15)
The zoning classification of land shown on the plan and the
location of any zoning district boundaries that may lie within the
locus of the plan.
(16)
Easements and rights-of-way applicable to the area shown on
the plan.
(17)
A document shall be filed containing information to provide
a basis for general conclusions about the effect on the environment
and on the community of the proposed plan compared to alternatives
permitted under the Zoning Bylaw. (See Schedule A.[3])
[3]
Editor's Note: Schedule A is available from the Town offices
and on the Town website, www.grovelandma.com.
(18)
Notice of any decisions by the Zoning Board of Appeals, including
but not limited to variances and special permits regarding the land
or any buildings thereon.
(19)
For subdivisions greater than 10 lots, a phasing plan shall
be submitted identifying the limits, sequencing, and scheduling of
roadway construction in conformance with these regulations.
(20)
For all subdivisions, the developer shall be required to submit
a technical memorandum prepared by a qualified traffic engineer to
provide the following existing street information at proposed new
street intersections:
(21)
For all subdivisions over 25 lots, or where otherwise deemed
necessary by the Planning Board, the developer shall furnish a traffic
analysis of the impact of the additional traffic to be generated by
the proposed development on the adjacent ways and intersections. The
study shall be compiled in accordance with the criteria of the American
Association of State Highway and Transportation Officials (AASHTO).
(22)
The developer shall simultaneously apply for a request for determination
from the Conservation Commission for concurrence of the location of
wetland resource boundaries and identification of any wetland impacts
resulting from the subdivision and present this information as part
of the preliminary plan process.
(23)
To facilitate review of the preliminary plan by the appropriate
authorities, at the time of filing of the preliminary plan, the applicant
shall stake the center line and approximate limits of grading on both
sides of all proposed streets on 100-foot center line stations. Cut
or fill dimensions to road center line profile grade shall be marked
on the center line stakes.
C.
Approval of a preliminary plan. The Planning Board may, at the Planning
Board's option, hold an informal hearing of which abutters are given
notice in order to solicit comment during the preliminary plan stage.
The Planning Board may give such preliminary plan approval, with or
without modification or suggestion, after the Planning Board's review,
and at the Planning Board's option, review with the Board of Health,
the Conservation Commission, the Road Commissioner/Public Works Director,
the Police Department, Fire Department, and other Town agencies. Such
approval does not constitute approval of the subdivision, but facilitates
the preparation of the definitive plan and securing approval thereof.
Approval shall be effective for seven months or until a definitive
plan evolving from the preliminary plan is filed, whichever comes
first.
D.
Disapproval of a preliminary plan. In the event of disapproval of
a preliminary plan, the Planning Board shall state the reasons for
its disapproval in accordance with MGL c. 41, § 81U.
E.
Within 45 days after submission of a preliminary plan, the Planning
Board shall notify the applicant and the Town Clerk, by certified
mail, either that the plan has been approved or that the plan has
been approved with modifications suggested by the Planning Board or
agreed upon by the applicant or that the plan has been disapproved.
The Planning Board shall notify the Town Clerk of its approval or
disapproval, as the case may be.
A.
Submission of a definitive plan. Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Planning Board all items required in Subsections A and B of this section and the applicable filing fee and review fee in accordance with the latest fee schedule for a definitive plan to be duly submitted in accordance with these rules and regulations and the General Laws of Massachusetts. Such submission shall be made to the Planning Board at a designated regularly scheduled meeting of the Planning Board. The filing fee and consultant review fee (separate check) shall be made payable to the Town of Groveland.
(1)
Twelve contact prints of the definitive plan, dark line on white
background, shall be filed with the Planning Board.
(2)
Three copies of a properly executed Form C (Application for Approval
of a Definitive Plan), Form D-1 (Professional Engineer's Certificate),
and Form D (Land Surveyor's Certificate), and Form E (Certified List
of Abutters).[1] The applicant shall be responsible for obtaining a certified
list of abutters from the Town Assessor's office and for notification
of all certified abutters regarding the proposed definitive plan.
Proof of notification shall be provided to the Planning Board on or
before the date of public hearing.
[1]
Editor's Note: The forms are available from the Town offices
and on the Town website, www.grovelandma.com.
(3)
The developer shall also file by delivery or registered mail a notice
with the Town Clerk stating the date of submission to the Planning
Board for such approval accompanied by two copies of the completed
Form C (Application for Approval of a Definitive Plan) receipted by
the Planning Board.[2]
[2]
Editor's Note: Form C is available from the Town offices and
on the Town website, www.grovelandma.com.
(4)
The owner shall also file a letter with the Planning Board, at the
time of submission, granting permission to the Planning Board and
its agents to enter the property for necessary on-site walks and visits.
(5)
The definitive plan shall be prepared by a professional engineer
and a professional land surveyor registered in Massachusetts. All
pages shall be recordable and shall be clearly and legibly drawn in
accordance with the rules and regulations of the Registry of Deeds,
as amended, pertaining to plan size, material, lettering, and related
requirements. In addition, it shall contain the following:
(a)
The classification and precision of surveys shall conform to
the standards defined under 250 CMR 6.00, last edition.
(b)
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.
(c)
Sheet sizes shall be 24 inches by 36 inches, including a 3/4-inch
border.
B.
Contents. The definitive plan shall be drawn on Mylar at scale of
40 feet to the inch or such other scale as the Planning Board may
accept. The plan shall be designated as a "definitive plan" and to
form a clear basis for discussion of the details of the subdivision
the plan shall contain the following:
(1)
A title sheet containing the subdivision name, North arrow, legend,
title "Definitive Plan"; an index or key of all pages and what information
is to be found on each page of the plan; a locus map at a scale of
one inch equals 1,000 feet, showing all existing Town roads located
within 2,000 feet of the site, both within Groveland and within adjacent
towns, with Town boundaries shown; and a location plan at a scale
of one inch to 400 feet. The location plan shall show the entire subdivision
layout, adjacent streets, if any, or streets within a reasonable distance,
sufficient to identify the location of and access to the land.
(2)
A title, appearing along the entire right-hand edge of each sheet,
showing the name of the subdivision, if any, in the left-hand corner,
the date; scale; the names, seals, signatures, and addresses of the
engineer and surveyor who made the plan; the name of the owner of
record and the subdivider; the page number; provisions for recording
revision dates, including a written description of each revision;
and suitable space to record the action of the Planning Board and
the signature of all members of the Planning Board, including the
following, at the same location on all pages:
|
Endorsement Statements Required on All Subdivision Plans!
|
|
Approved __________, _____ subject to terms and conditions stated
in a MEMORANDUM OF DECISION dated __________, _____ between the Groveland
Planning Board, on behalf of the Town of Groveland, and __________.
|
|
A copy of which decision is recorded herewith and subject also
to recording of this plan and said decision in the South Essex Registry
of Deeds on or before __________, _____.
|
|
Approved __________, _____ Subject to terms and conditions of
a covenant dated __________, _____.
|
|
__________, _____ Groveland Planning Board
|
(3)
North arrow, whether true, magnetic, or grid, and so indicated, and
the boundaries of the subdivision indicated by shading. All benchmarks
set within the subdivision shall be shown, and the reference (starting)
benchmark shall be included. All benchmarks shall be on the North
American Vertical Datum of 1988 (NAVD 88).
(4)
Location and ownership of abutting property as it appears on Form
E (Certified List of Abutters)[3] unless the developer shall have more recent knowledge
of such abutters, so indicated, including all abutting land of the
owner not presently being subdivided, and all other land within three
300 feet of the boundaries of the land shown in the subdivision.
[3]
Editor's Note: Form E is available from the Town offices and
on the Town website, www.grovelandma.com.
(5)
Major features of the land, such as existing wetland resource areas,
wildlife habitat areas, waterways, swamps and water bodies, natural
drainage courses, walls, fences, trails, buildings, septic systems,
wells, wooded areas, outcroppings, and ditches which exist on or near
the site at the time of the survey. Where applicable, aerial photographs
may be required.
(6)
Lines of existing and proposed streets, ways, lots, lot numbers of
each lot, the location on the frontage of the driveway accessing each
lot sufficient to accommodate assignment of house numbers, easements,
and public areas within the subdivision. Letter designation of proposed
streets shall be shown in pencil in lieu of street names; a list of
proposed street names together with a listing with the street letter
designation shall be provided to the Planning Board for review and/or
tentative approval.
(7)
Sufficient data to determine the location, direction and length of
every street and way line, lot line and boundary line, and to establish
these lines on the ground. This shall include the lengths and bearings
of plan and boundary lines of all subdivision lot lines, including
lot frontage on the streets, of the radii, tangents, and central angles
of all curves in lot lines and street lines. All roadways shall have
center line baselines complete with bearings, distances, curve data,
and stations shown on both lot layout and construction plans. Points
of curvature and tangency shall also be shown. All angle points, or
intersections of tangents along the street lines, shall be shown,
areas of lots with lot numbers and the area, and total frontage on
public ways as set forth in MGL c. 41 of adjoining land of the owner
not included in the subdivision shall be shown. The professional land
surveyor shall present all mathematical computations to the Planning
Board for a matter of record. It is recommended that traverse computations
be placed on a separate or subsequent sheets. The classification and
precision of surveys shall conform to the standards defined under
250 CMR 6.00, as amended.
(8)
Location of all permanent monuments, properly identified as to whether
existing or proposed.
(9)
Location, names, and present widths of streets or private ways bounding,
approaching or within reasonable proximity of the subdivision, showing
both pavement widths and right-of-way widths.
(10)
The zoning classification of land shown on the plan and the
location of any zoning district boundaries that lie within the locus
of the plan. All lots must show total acreage of contiguous buildable
area, a street number, anticipated location of driveway curb cuts,
a dotted line representation of the boundaries of the calculated contiguous
buildable area, boundary of wetland resource areas, a circle with
a diameter equal to 80% of the applicable required frontage.
(11)
All lots shown shall comply with the applicable zoning district
requirements for the proposed land utilization, and any parcel which
is not buildable under the current zoning bylaw shall state "Not a
buildable lot." Parcels which do not meet the requirements of a buildable
lot under the zoning bylaw shall not be created where they could otherwise
be combined with a buildable lot of the same owner.
(12)
Indication of all existing and proposed easements and rights-of-way
applying to the land and their purposes, whether or not within the
subdivision, and any decision on appeal or any variances or special
permits made by the Board of Appeals applicable to the subdivision
of the land or any buildings thereon.
(13)
If the property that comprised the subdivision or any part or
boundary thereof has been examined, approved, and confirmed by the
Massachusetts Land Court, such information shall be noted on the plan
with case numbers and other pertinent references to Land Court procedure,
and the same requirement shall apply to any adjoining parcels of land
of the owner.
(14)
Existing profiles of the exterior grade at the edge of the right-of-way
and center line, assuming a pavement centered on the dedication, drawn
in fine black line: dot dash for left, dot dot dash for right side,
and dash for center line; and proposed profile on the finished center
line drawn in fine black solid line 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. At least two benchmarks
are to be shown on each profile sheet along with grade elevations
at every fifty-foot station except in vertical curves which shall
be at every twenty-five-foot station. Benchmarks shall be 50 feet
to 100 feet from the right-of-way, and shall be set approximately
every 500 feet. The starting or reference benchmark shall also be
shown. All existing and proposed intersections and sidewalks, bikeways,
and walkways shall be shown with all proposed grade elevations calculated.
Elevations shall be referred to the North American Vertical Datum
of 1988 (NAVD 88). Gradients shall be shown by figures expressed in
percent (%).
(15)
Whenever possible, for the purpose of clarity, the utility plan
should be on a separate page. Size and location of existing and proposed
water supply mains and their appurtenances, hydrants or water supply
sources for fire-fighting purposes; sewer pipes and their appurtenances,
and/or sewage disposal systems, including data on percolation test
and soil test pits; storm drains and their appurtenances, and easements
pertinent thereto; curbs and curb dimensions, and the method of carrying
water to the nearest watercourse or easements for drainage as needed,
whether or not within the subdivision.
(16)
If surface water drains will discharge onto an adjacent existing
street right-of-way or onto adjacent properties not owned by the developer,
the developer shall clearly indicate what course the discharge will
take, and shall present to the Planning Board, and to the owner of
adjacent property, evidence from an engineer that such discharge is
satisfactory and permitted onto public or private ownership of an
adjacent street or property.
(17)
Drainage calculations shall be submitted in a suitable form
along with amplifying plans outlining drainage areas within and affecting
the subdivision. A comparison of pre- and post-development stormwater
runoff shall be contained in the calculations for peak rates of runoff.
A plan shall also be submitted showing the route followed by all drainage
discharging from the subdivision to the primary receiving watercourse
or other large body of water. Drainage design shall be based on the
standards defined in these regulations and shall be in compliance
with the requirements of the Massachusetts Stormwater Policy Act and
the Town Stormwater Management Bylaw and regulations.
(18)
Location and species of all proposed street trees and location
of all existing trees with trunks over 12 inches in diameter measured
four feet above the finished ground level within the subdivision.
(19)
Typical cross-sections of each street, roadway, drainage best
management practice (BMPs), and sidewalk to be constructed.
(20)
An environmental impact assessment shall be submitted in accordance
with Schedule A.[4] The document shall be filed with sufficient information
to provide a basis for general conclusions about the effect on the
environment and the community of the proposed plan, compared to any
other alternatives permitted under the zoning bylaw. In addition,
it shall include a statement in writing concerning the effect of the
proposed project in relationship to the removal, fill or dredge of
any bank, flat marsh, meadow or swamp bordering on any inland water
(Wetlands Protection Act, MGL c. 131, § 40) and its effect
on wildlife and wildlife habitat areas.
[4]
Editor's Note: Schedule A is available from the Town offices
and on the Town website, www.grovelandma.com.
(21)
The location of all open spaces.
(22)
Street information and traffic analysis.
(a)
For all subdivisions, the developer shall be required to submit
a technical memorandum prepared by a qualified traffic engineer to
provide the following existing street information at new street intersections:
(b)
In addition, for all subdivisions over 25 lots, or where otherwise
deemed necessary by the Planning Board, the developer shall furnish
a traffic analysis of the impact of the additional traffic to be generated
by the proposed development on the adjacent ways and intersections.
The study shall be compiled in accordance with the criteria of the
American Association of State Highway and Transportation Officials
(AASHTO).
(23)
The developer shall simultaneously apply for a request for determination
and/or notice of intent and receive a determination and/or order of
conditions from the Conservation Commission for any wetland impacts
resulting from the subdivision and present this information as part
of the definitive plan process.
(24)
Stump, demolition waste, construction waste, building waste,
burial pits are prohibited within a subdivision.
(25)
The full extent of cuts and fills necessary to construct the
roadway, its shoulders and ditches, and drainage structures shall
be shown on the plan as dashed lines.
(26)
A list of requested waivers from the requirements of the rules
and regulations, if any, shall be submitted with explanation, by the
developer, with the definitive plan, for the Planning Board's review
and consideration.
C.
Staking.
(1)
To facilitate review of the definitive plan by the appropriate authorities,
at the time of filing of the definitive plan, the developer shall
stake the center line and approximate limits of grading of all proposed
streets on fifty-foot center line stations. Cut or fill dimensions
to finished grade profile shall be marked on the stakes. The developer
shall also stake the center line of all trails at a minimum of every
100 feet.
(2)
If the road was staked in connection with a preliminary plan submittal,
the stake-out shall be updated to include any alignment or grade changes
made.
D.
Site-specific soil testing. The developer shall provide soils and
seasonal groundwater elevation information from test pits or borings
for all lots and roadways. The developer shall establish the suitability
of the soil, including seasonal estimated groundwater elevations for
the proposed storm drainage system and proposed street construction.
(1)
The developer shall provide soils information from test pits and/or
borings at proposed fire protection water tank locations and determine
soil strength and groundwater depth. The developer shall prepare calculations
and details to show the proposed tank will be adequately supported
and protected from settling when full and from floating when empty.
(2)
Depending on conditions, the Planning Board or its agent may require
test pits, borings or soundings to be taken along the center line
of each street shown on the plan at intervals of at least every 200
feet and at other locations and areas of questionable foundation material
where the subsurface conditions may, in the opinion of the Planning
Board or its agent, affect the quality and service life of the street
or the stability of the graded shoulder. Test pits must be observed
by the Planning Board or its agent and a registered professional engineer.
Where borings are used, samples shall be taken at five-foot vertical
depth intervals and at each change in strata. Soundings shall be taken
in areas of unsuitable material for the purpose of determining the
hard bottom contours. Test pits and borings, where required, shall
extend to a minimum depth of five feet below the street profile grade
or to bedrock, whichever is less. The developer shall indicate the
layout of the subsurface exploration program on the plan, complete
with location, spacing, and type of exploration proposed.
(3)
Street soil surveys and permeability tests, when required by the
Planning Board or its agent, shall include a test excavation not less
than seven feet below finished grade at a minimum frequency of one
per lot, the location of which must be shown on the contour plan,
and a report thereon. Permeability tests shall be conducted in the
same manner as percolation tests outlined in Title 5 of the Commonwealth
of Massachusetts State Environmental Code.
(4)
All information concerning the test pits, borings or soundings (location
by station number, depth, soil strata, depth of water table) shall
be submitted to the Board in a written report to be made, evaluated,
stamped and signed by a registered professional engineer.
(5)
Every proposed lot in a subdivision shall be tested in accordance
with the provisions of Title 5, Massachusetts State Environmental
Code, and the local Board of Health regulations, in the presence of
a representative of the Board of Health, prior to the time of filing
of a definitive plan. The applicant shall indicate on the definitive
plan the location of test holes, soil logs, groundwater elevations,
the results of percolation tests performed, and location of proposed
borrow pit areas. Every lot proposed within the subdivision shall
include at least two test holes and two percolation tests tested as
prescribed above, which will indicate a site meeting the requirements
of Title 5, Massachusetts State Environmental Code, and the local
Board of Health regulations for construction of a subsurface sewage
disposal system. The Board of Health shall, within 45 days after filing
of the plan, report to the Planning Board in writing its approval
or disapproval of said plan, and 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 the reasons therefor in such report, and where
possible, shall make recommendations for the adjustment thereof. The
Board of Health shall send a copy of such report, if any, to the person
who submitted said plan.
(6)
A site-specific soil map (SSSM), prepared to the standards of the
current edition of the Society of Soil Scientists of Northern New
England Special Publication No. 3, shall be submitted to the Planning
Board as part of the subdivision application. The SSSM shall be prepared
by a qualified soil scientist; a person who, by reason of their special
knowledge of the principles of soil science acquired by professional
education and practical experience, is qualified to prepare soil maps.
The SSSM shall be prepared on a base plan with:
(a)
Map scale of one inch equals 100 feet or larger.
(b)
A current survey by a professional land surveyor.
(c)
Topography with two-foot contour intervals or less.
(d)
Ground control at sufficient density that soil boundaries can
be placed on the map with a reasonable degree of accuracy. Ground
control points shall be shown on the map.
(7)
Soil map units identified on the SSSM will be identified with the
soil series designation in accordance with the Massachusetts state-wide
soil legend and will conform with the range in characteristics described
for that soil series by the Natural Resources Conservation Service,
National Cooperative Soil Survey Official Series Description.
E.
Procedure.
(1)
The Board will transmit copies of the definitive plan to Town officials
as follows:
(2)
Before a definitive plan is approved, the Board will request written
statements from the above officials with regard to the proposed improvements
in the following respect:
(a)
Conservation Commission as to potential involvement with MGL
c. 131, § 40, and the effects of the subdivision on wetlands,
wildlife habitat, and similar considerations within the scope of the
Conservation Commission.
(b)
The Road Commissioner/Public Works Director as to the design
of the street system, location of easements, monuments, drainage system,
water system and, if applicable, sewer system and their appurtenances;
and relationship of the improvements to existing water, street, sewer
and drainage systems.
(c)
The Fire Department as to location of hydrants, or water sources
for fire-fighting purposes, installation of the alarm system (if applicable)
and emergency access.
(d)
Police Department as to street safety, both vehicular and pedestrian,
and access for emergency vehicles.
(e)
Building Inspector for compliance with the Groveland Zoning
Bylaw.
(f)
Assessors for information on any possible lot line conflicts,
and for proper recording of known easements and/or encumbrances on
the land.
(g)
Board of Health as to the adequacy of soils for subsurface absorption
systems, and to the adequacy of water supply to meet the quality and
quantity criteria of the local regulations.
(h)
Selectmen as to a general overview of the Town's capabilities
to support additional growth in accordance with any applicable general
bylaws.
(i)
The Municipal Light Department as to the availability of electric
service, distribution, and layout of improvements such as: transformers,
conduit, light poles, etc.
(j)
The Water and Sewer Department as to the availability of municipal
water and sewer and any off-site improvements required to be constructed
by the developer; as well as the location of water mains, curb stops,
gate valves, etc., and the location of sewer mains, sewer manholes,
sewer services, etc., within or near the subdivision.
(3)
Before taking any action to approve, modify and approve, or disapprove
a definitive plan, the Planning Board shall hold a public hearing
at which parties of interest shall have an opportunity to be heard,
in person or by agent or attorney. Notice of the time and place of
such hearing and of the subject matter, sufficient for identification,
shall be published in a newspaper of general circulation in the Town
of Groveland once in each of two successive weeks, the first publication
to be not less than 14 days before the date of the hearing and the
second to be not less than seven days before the date of the hearing,
and by mailing a copy of such advertisement to the developer. The
developer shall mail, by certified mail, copies of such advertisement
to all owners of land abutting the proposed subdivision, and all owners
of land within 300 feet of the property line of the proposed subdivision
shown on the plan as shown on the most recent tax list, and submit
proof of such mailing to the Board prior to the hearing. Mailing shall
be posted no less than 10 days prior to the scheduled hearing. Failure
to provide proof shall constitute cause to cancel the hearing. When
the Planning Board is also the special permit granting authority for
a special permit applicable to the plan, the Planning Board may hold
the definitive plan public hearing together with the public hearing
required by MGL c. 40A, § 9, and allow for the publication
of a single advertisement giving notice of the consolidated hearing.
(4)
The procedure that the Planning Board will follow with regard to
approval, conditional approval, disapproval, or modification of the
definitive plan submitted by the developer will be that as set forth
in MGL c. 41, § 81U, as amended. In summary, the Planning
Board, after receiving the plan and profiles, will review the same
to determine whether they are in compliance with its adopted rules
and regulations.
(5)
The Planning Board, in studying a proposed subdivision plan, will
take into consideration the requirements of the Town and the best
use of the land being subdivided. Particular attention will be given
to width, safety, arrangement and location of streets, sanitation,
drainage, lot sizes, and arrangement of lots, open spaces, trails,
parks and other scenic and recreational resources. Adequate street
connections will be required to ensure free and safe access to adjoining
subdivisions and lands. Easements for future construction of roadways
must be provided and shall be conveyed to the Town of Groveland prior
to the endorsement of the subdivision plans. Where the street system
within a subdivision does not connect with or have, in the opinion
of the Planning Board, adequate access from a Town, county or state
(public) way, the Planning Board may require, as a condition of approval
of a plan, that such adequate access be provided by the developer,
and/or that the developer make physical improvements to and within
such a way of access from the boundary of the subdivision to a Town,
county or state way which does provide such adequate access. Where
the physical condition, contours, topography or width of a public
way from which a subdivision has its access is considered by the Planning
Board to be inadequate to carry the traffic expected to be generated
by such subdivision, the Planning Board may require the subdivider
to acquire and/or dedicate a strip of land for the purpose of widening
the abutting or connecting public ways to a width at least commensurate
with that required within the subdivision, and to make physical improvements
to and within such public way to the same standards required within
the subdivision. Any such dedication of land for the purpose of creating
an adequate width of way and any such work performed within such public
way shall be made only with permission of the governmental body having
jurisdiction over such way, and all costs of any such acquisition,
widening, or construction shall be borne by the developer.
(6)
If in the opinion of the Planning Board additional information or
modification of the plan is required, such information or modification
shall be submitted to the Planning Board or its agent at least one
week in advance of the next regularly scheduled meeting.
(7)
Before approval of the definitive plan, the Planning Board will submit
the plan to an independent engineering service for review at the developer's
expense. After this review, the Planning Board shall establish that
the street pattern is safe and convenient, that proper provision is
made for street extension, and that all other purposes of the subdivision
control laws are met. The Planning Board may, as a condition of approval,
impose reasonable requirements designed to promote the health, convenience,
safety and general welfare of the community and to benefit the Town.
In such event, the Planning Board shall endorse such conditions on
the plan to which they relate, or set forth a separate instrument
attached thereto, to which reference is made on such plan and which
shall for the purpose of the Subdivision Control Law be deemed to
be part of the plan.
F.
Performance guarantee. Before endorsement of the Planning Board's approval of any definitive subdivision plan, the applicant shall agree 1) to complete the required improvements for the subdivision, within three years of the date of such approval, or 2) to complete the required improvements for any portion of the subdivision for which a surety company performance bond, tripartite agreement, or a performance bond secured by a deposit of money or negotiable securities shall have been filed pursuant to Subsection F(1) within two years of the date of the performance bond or within three years of the date of the Planning Board's approval of the definitive plan, whichever date shall occur the earlier, and 3) that no structure will be occupied until at least the base course of the bituminous concrete has been applied to the streets which serve those structures. Such construction and installation shall be secured by one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the developer with the written consent of the Planning Board:
(1)
Before endorsement of the Planning Board's approval of any definitive
subdivision plan, the developer shall create a bonding schedule to
be reviewed and approved by the Road Commissioner/Public Works Director,
and the Planning Board agent; and submitted to the Planning Board
for approval. The developer shall file Forms G-1 and G-2,[5] along with either a duly executed surety company performance bond, a duly executed performance bond secured by a deposit of money or negotiable securities, a tripartite agreement, in such form as the Planning Board requires, in an amount determined by the Planning Board to be sufficient to cover the cost not covered by a covenant under Subsection F(4) hereof. Such surety company performance bond, performance bond secured by a deposit of money or negotiable securities, or tripartite agreement shall be approved as to form, manner of execution and, in the case of a surety company performance bond, as to the surety by Town Counsel, and in the case of a performance bond secured by negotiable securities, as to the negotiable securities by the Town Treasurer; and shall be conditioned on the completion of such improvements within two years of the date of the performance bond.
[5]
Editor's Note: Forms G-1 and G-2 are available from the Town
offices and on the Town website, www.grovelandma.com.
(2)
Twenty percent of the amount of said surety company performance bond,
performance bond secured by a deposit of money or negotiable securities,
or tripartite agreement shall be retained for one year following completion
of the subdivision or until the Town accepts the road, whichever occurs
later. Guidelines for subdivision road bond releases are on file at
the Planning Board office.
(3)
The developer shall utilize the current Commonwealth of Massachusetts'
"Weighted Average Bid Prices Statewide and by Districts from Highway
and Bridge Projects" for bond preparation or as otherwise directed
by the Planning Board.
(4)
The developer shall file a duly executed covenant on Form F[6] or on such other form of covenant as the Planning Board
requires, which provides that no lot may be built upon or sold until
the ways and municipal services necessary to serve adequately such
lot have been constructed and installed. Such covenant shall be approved
as to form and manner of execution by Town Counsel and shall be recorded
in the Registry of Deeds by the owner of record and shall run with
the land.
[6]
Editor's Note: Form F is available from the Town offices and
on the Town website, www.grovelandma.com.
G.
Approval or disapproval. The action of the Planning Board with respect
to such plan shall be by vote, copies of which shall be filed with
the Town Clerk and sent to the developer. If the Planning Board modifies
or disapproves such a plan, it shall state in its vote the reasons
for its action and shall rescind such disapproval when the plan has
been amended to conform to the rules and regulations of the Planning
Board, and to the recommendations of the Board of Health. Final approval,
if granted, shall be endorsed on the original drawing of the definitive
plan by the signatures of a majority of the Planning Board but not
until the statutory twenty-day appeal period has elapsed following
the filing of the Planning Board's certificate of approval or disapproval,
as the case may be (see Forms C-1 and C-2[7]), with the Town Clerk and said Clerk has notified the
Planning Board that no appeal has been filed. If appeal has been made,
said endorsement shall be made after the entry of a final decree of
the court sustaining the approval of such plan. Final approval shall
be subject to the construction specifications contained herein, receipt
of the estimated fees for construction inspection services described
in the fee schedule, and to the rules and regulations of all Town
boards. After the definitive plan has been approved and endorsed,
the Planning Board shall return the original to the developer. The
Planning Board may extend the period permitted by statute between
submission of a definitive plan and action thereon upon written request
of the owner.
(1)
Approval of the definitive plan does not constitute the acceptance
by the Town of streets shown on the plan.
(2)
If the ways in any subdivision are not completed and the utilities
aforesaid are not installed within the time so agreed to by the developer,
or so required by the Planning Board, any such surety may be enforced
and any such deposit may be applied by the Planning Board for the
benefit of the Town. Ways or portions thereof not completed within
the time required shall thereafter be completed in accordance with
the design and construction standards of the Planning Board in effect
upon the expiration of such time, unless an extension of time is granted.
(3)
The endorsement of the plan approval by the Planning Board shall
be valid for a period of three years from the date of filing by the
Planning Board of the approval with the Town Clerk. Prior to the expiration
of the three-year approval period, the developer and/or owner shall
request in writing to the Planning Board an extension of time, if
necessary. Failure to request an extension of time prior to the expiration
of the three-year approval period shall result in the Planning Board's
notifying the Building Inspector that no additional building permits
shall be issued in said development. The request for an extension
shall state the reasons for the requested extension and also the length
of time requested. The first extension shall not exceed two years.
Additional extensions, after the first, may be applied for only under
extraordinary circumstances but shall not exceed one year.
[7]
Editor's Note: Forms C-1 and C-2 are available from the Town
offices and on the Town website, www.grovelandma.com.
H.
Recording. The developer shall file all pages of the approved definitive
plan, profile, topography and covenant, if any, at the Registry of
Deeds, and shall notify the Planning Board in writing, presenting
evidence of the recording of the plan and the covenant and easements,
if any, as required by the Planning Board's approval, within 45 days
of the endorsement of the plan. The developer shall deliver to the
Planning Board three copies of the approved and recorded definitive
plan, and a copy of an affidavit filed by the owner, stating that
the title to the premises shown on said plan and appurtenances thereto
are in the name of the owner and are free of all encumbrances or with
encumbrances as set forth, before any building permits in the subdivision
may be issued.
I.
Conveyance of utilities and easements to the Town. Prior to the release
by the Planning Board of any form of performance guarantee, or in
the case of a covenant, the issuance of a release form, the applicant
shall execute an instrument, on a form approved by the Planning Board
(see Form H[8]), transferring to the Town, without cost, valid unencumbered
title to all storm drains, water mains, sewer mains, and appurtenances
thereto, constructed and installed in the subdivision or portion thereof
to be approved, and conveying to the Town, without cost and free of
all liens and encumbrances, perpetual rights to construct, inspect,
repair, renew, replace, operate and forever maintain the aforesaid.
[8]
Editor's Note: Form H is available from the Town offices and
on the Town website, www.grovelandma.com.
J.
Reduction or release of performance guarantee. The penal sum of any such bond or the amount of any deposit held under Subsection F(1) may from time to time be reduced by the Planning Board and the obligations of the parties thereto released by said Planning 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 by the Planning Board.
(1)
The fire tank shall be installed prior to release of any deposit/reduction
in bond associated with subbase work. The release of any deposit/reduction
in bond associated with the fire tank will not be made until the fire
tank has been tested and approved by the Planning Board, or its agent,
and the Groveland Fire Department.
(2)
Upon completion of improvements required under these regulations,
security for the performance of which was given by bond, tripartite
agreement, deposit or covenant, or upon the performance of any covenant
with respect to any lot, the developer or owner, at his expense, will
cause to be published in a newspaper of general circulation in the
Town of Groveland at least seven days prior to the releasing of the
performance bond or surety, an announcement that such release is contemplated.
He shall also 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 performance guarantee has been secured
has been completed in accordance with the requirements contained under
the Subdivision Control Law; such statement to contain:
(a)
Name and address of the applicant.
(b)
A compliance certificate signed under oath by the developer
and his engineer that the development has been completed according
to the Rules and Regulations of the Planning Board and the Town of
Groveland's Zoning Bylaw.
(c)
Copies of or reference to the requisite number of inspection
forms and reports.
(d)
Written evidence from the Road Commissioner/Public Works Director
as to construction of all ways and sidewalks, installation of monuments,
street signs, pavement, lighting, gutters and curbs, required grading
and drainage, adequate lot drainage, planting and seeding, all in
accordance with the definitive plan.
(e)
Written evidence from the Light Department as to installation
of all electric power, poles, underground wiring, streetlighting and
appurtenances, all in accordance with the definitive plan.
(f)
Written evidence from the Fire Department as to the installation
of the fire alarm system, or required water sources for fire-fighting
purposes, all in accordance with the definitive plan.
(g)
Written evidence from the Water Department that all water mains,
gate valves, curb stops and service lines have been constructed in
accordance with the definitive plan.
(h)
The applicant shall submit as-built plans and street acceptance
plans in accordance with the definitive plan and recordable in the
Registry of Deeds, which shall include the following:
[1]
Actual bound locations.
[2]
Profile of center line.
[3]
Benchmarks used.
[4]
Actual location of all utilities, including inverts of sewer,
drains, and culverts; services to dwellings, including valves, curb
stops, etc., including at least three physical ties to each.
[5]
The revised road pavement center line alignment shall be calculated,
staked out and shown on the as-built plans
[6]
Any other changes authorized by the Planning Board.
[7]
Certification of accuracy to the standards of 250 CMR 6.00,
latest edition.
[8]
Roadway right-of-way lines and easements, including a written
deed description
[9]
A warrant article for Town Meeting acceptance.
(3)
If the Planning Board determines that the construction, installation,
or filing of "as-built" plans and "right-of-way" plans 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 requirements contained
under these regulations.
(4)
Upon failure of the Planning Board to act on such application, within
45 days after the receipt of the application by the Town Clerk and
the Planning Board, 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.
(5)
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.
(6)
If the Planning Board determines that said construction, installation,
or filing of "as-built" and "street acceptance" plans has been completed,
it shall within 45 days release the interest of the Town in such performance
guarantee and return the same to the person or persons who furnished
same, or, in the case of covenant it shall issue a written release
of the covenant on a properly executed release form.
