Town of Holland, MA Article II Submission Procedure

§ 325-4 Approval not required plans.

A. This type of subdivision requires a sign off by the Planning Board in an open meeting, stating that the division of land does not constitute a full subdivision; that is, that the roadways shown on the plan which serve the lots being created are adequate to provide vehicular access and that the lots have adequate frontage and area.

B. An ANR may also be signed on a currently inadequate road when it is agreed to and the subdivider presents acceptable plans and surety to bring the road up to a standard which is acceptable to the Town.

§ 325-5 ANR plan approval procedures.

A. ANR plans must be prepared as follows:

(1) ANR plans must be prepared by a registered land surveyor. The plans must also be stamped by a registered engineer if they contain engineering design.

(2) The plans must include a locus, indicating the relation of the parcel to neighboring roads.

(3) The entire parcel from which lots are being subdivided should be shown on the plan.

(4) Owners of all abutting property according to the most recent tax list should be clearly indicated.

B. ANR plans must be submitted at a regularly scheduled Planning Board meeting. Plans are usually approved on the night they are presented. However, should the Board be unfamiliar with the road in question or should there be other questions, the Board may elect to hold the plan for up to the 21 days prior to endorsing a plan. A majority vote of the Board is required to approve an ANR plan.

§ 325-6 Subdivision requiring Planning Board approval.

A. The applicant or his/her representative may submit a preliminary plan for informal informational meeting with the Planning Board and Board of Health. Said preliminary plan should show:

(1) Subdivision name, boundaries, date, scale, legend, and title "Preliminary Plan."

(2) Names of owners of record, applicant, designer, and/or engineer/surveyor.

(3) Names of abutters, existing and proposed streets, ways, easements and public areas.

(4) Approximate boundaries and lot sizes of proposed lots.

(5) Approximate topography showing adjacent roadways, and any outstanding topographic features.

B. Preliminary plan.

(1) General.

(a) A preliminary plan is optional in regard to residential subdivisions.

(b) A preliminary plan is mandatory in regard to nonresidential subdivisions.

(c) The applicant or his/her representative may submit a preliminary plan to the Planning Board and to the Board of Health for discussion and approval, approval with modifications or disapproval by each Board. The submission of such a preliminary plan will enable the subdivider, the Planning Board, the Board of Health, other municipal agencies and owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a definitive plan is prepared. A properly executed application, Form B, shall be filed with the preliminary plan submitted to the Planning Board.[1]

[1] Editor's Note: Form B is on file in the Town office.

(d) The applicant shall file by delivery or registered mail a notice with the Town Clerk, stating the date of submission for such approval of a preliminary plan and accompanied by a copy of the completed application form (Form B).

(2) Approval. Within 45 days of submission of said plan, each Board must notify the applicant and Town Clerk, by certified mail, of the action taken on the plan. In the case of disapproval, the Board shall state in detail its reasons therefor. Such approval does not constitute approval of subdivision.

C. Definitive plan.

(1) General.

(a) The definitive plan must be submitted within seven months after the submission of the preliminary plan and must be evolved from it to detail exemptions from zoning changes and amendments to the subdivision rules and regulations.

(b) Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Board the following:

[1] An original drawing of the definitive plan and three prints thereof, dark line on white background. The original drawing will be returned after approval or disapproval.

[2] A properly executed application, Form C, and the applicable filing fee.[2]

[2] Editor's Note: Form C is on file in the Town office.

[3] Drainage calculations.

(c) The applicant shall file by delivery or registered mail a notice with the Town Clerk, stating the date of submission for such approval and accompanied by a copy of the completed application (Form C).

(d) If the plan shows a residential or nonresidential subdivision and a preliminary plan has been submitted and acted on (or has been approved by failure of the Planning Board to act upon the plan within the prescribed statutory time limits), the Planning Board must take action on the plan within 90 days of the date of submission of the definitive plan.

(e) It the plan shows a residential subdivision and a preliminary plan was not filed, the Planning Board must take action on the plan within 135 days of the date of submission of the definitive plan.

(2) Contents. The definitive plan shall be prepared by a registered land surveyor. If the definitive plans shows proposed drainage structure and other engineering details, then it must bear the seal of both a registered land surveyor and engineer. The plan shall be clear and legibly drawn in black india ink upon tracing cloth or Mylar. The plan shall be at a scale of one inch equals 40 feet, or such other scale as the Planning Board may accept, to show details clearly and adequately. Sheet sizes shall preferably not exceed 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision The definitive plan shall contain the following information:

(a) Subdivision name, boundaries, North point, date and scale.

(b) Name and address or record owner, subdivider, surveyor and engineer.

(c) Names of all abutters as they appear on the most recent tax list.

(d) Lines of existing and proposed streets, lots, easements and public or common areas within the subdivision (the proposed names of streets shall be shown in pencil until they have been approved by the Planning Board). Street names cannot be duplicated.

(e) 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.

(f) Location of all permanent monuments properly identified as to whether existing or proposed.

(g) Location, names and present widths of streets bounding, approaching or within reasonable proximity to the subdivision.

(h) The plan shall show any areas within the Floodplain District, wetland areas and unusual topographic features within 100 feet of the subdivision perimeter.

(i) Indication of purpose of easements.

(j) A suitable space to record the action of the Planning Board and the signatures of the members of the Planning Board (or officially authorized person).

(k) Existing and proposed topography at a suitable contour intervals if required by the Planning Board.

(l) Existing profiles on the exterior lines and proposed profile of the center line of proposed streets at a horizontal scale of one inch equals 40 feet and vertical scale of one inch equals four feet, or such other scales acceptable to the Planning Board.

(m) Proposed layout of storm drainage.

(n) If the subdivision is to be serviced by municipal water and sewer, proposed layout of water supply and sewage disposal systems shall be included on the plans.

(3) Board of Health Review as to suitability of land. At the time of the definitive plan, the subdivider shall also file with the Board of Health two prints of the definitive plan, dark line on white background. The subdivider shall furnish the Board of Health with all such data as required by said Board's rules. The Board of Health shall, within 45 days after filing of the plan, report to the Planning Board, in writing, approval or disapproval of said plan. If the Board of Health disapproves said plan, it shall make specific as to which, if any, of the areas 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. Every lot so located that it cannot be served by a connection to the municipal sewer system shall be provided with a sanitary waste disposal system satisfactory to the Board of Health.

(4) Public hearing. Before approval, approval with modifications or disapproval of the definitive plan is given, the Planning Board shall hold a public hearing. Notice of the time and place of the hearing, along with the subject matter and sufficient information for identification, shall be given in said notice at the expense of the applicant by advertisement in a newspaper of general circulation in the Town of Holland, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing or, if there is no such newspaper, then by posting such notice in a conspicuous place in the Town for a period of not less than 14 days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing in the most recent tax list.

(5) Performance guarantee.

(a) After the expiration of the statutory twenty-day appeal period and before placing its endorsement upon the definitive plan, the Planning Board shall require a performance guarantee to insure construction of ways and installation of municipal services.

(b) Pursuant to subdivision approval granted hereunder, the Planning Board will require that one or more performance bonds be posted with the Treasurer of the Town to guarantee completion in strict accordance with the plans and drawings submitted of all public improvements. It may also require than an amount be included for land restoration not having to do with the construction of public improvements. The amount for land restoration shall be $10,000 per acre, or such other amount as determined by the Town Engineer. The amount of the security required shall be established by a preliminary estimate from the proponents engineer, confirmed or added to by the Planning Board.

(c) The method of securing performance shall be a bond, a letter of credit, a tri-party agreement with a financial institution acceptable to the Board, or a bank passbook. A covenant, running with the land, is acceptable only before construction is initiated, at which time the financial surety must be posted. Subdivisions large enough to reasonably be built in phases may establish financial surety only for those phases on which construction is initiated, maintaining covenant provisions on the remaining phases.

(d) The Planning Board may derive use of the secured funds in the event that the proponent does not complete all public improvements within two years of the date of approval. All approvals of definitive plans shall be conditioned on the completion of public improvements within two years of the date of approval.

[1] One or more extensions, not to exceed one year in length, may be granted for sufficient cause. At the time of granting of the extension, the amount of any secured funds shall be reviewed to determine if it remains sufficient to cover current costs. If the funds are determined to be insufficient, such additional funds as required shall be added to the total of secured funds.

[2] Should public improvements not be completed within the permitted time, the project approval shall be null and void, with further action by the Planning Board not required. Any project having become null and void by this means shall lose zoning protection from the provisions of MGL c. 40A, § 6.

D. Release of performance guarantee. The penal sum of any secured amounts may from time to time be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed.

E. Release of performance guarantee. Upon the completion of the construction of ways and installation of municipal services in accordance with the rules and regulations of the Planning Board, the applicant shall send by registered mail to the Town Clerk and the Planning Board a written statement that the said work has been completed in accordance with the plans as submitted and approved.

(1) If the Board determines that the work has been completed in accordance with the rules and regulations and the plans as submitted and approved, it shall release the form of performance guarantee.

(2) If the Board determines that the work has not been completed in compliance with the rules and regulations and the plans as submitted and approved, it shall specify in a notice sent by registered mail to the applicant and the Town Clerk the details of how the construction does not comply. If the Board fails to reply within 45 days of receipt of such statement by the Town Clerk, all obligations under said performance guarantee shall cease and terminate by operation of law and any deposit shall be returned and any such covenant shall become void. In the event that the 45 days expires without due action by the Board, the Town Clerk shall issue a certificate to that effect, duly acknowledged, which may be recorded.

(3) Certificate of approval/disapproval. The action of the Planning Board in respect to such plans shall be certified and filed with the Town Clerk and sent by delivery or by registered mail to the applicant. If the Planning Board modifies or disapproves such plan, it shall state in its vote the detailed reasons for its action. Final approval, if granted, shall be endorsed upon the original drawing of the definitive plan by the signatures of a majority of the Planning Board (or by the signature of the person officially authorized by the Planning Board) but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Planning Board with the Town Clerk, and said Clerk has notified the Planning Board that no appeal has been filed, and until satisfactory performance guarantee has been posted with the Board. After the definitive plan has been approved and endorsed, the applicant shall furnish the Planning Board with three prints thereof. Final approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.