This article of these regulations provides the procedural and submittal requirements for Article VI, Preliminary Subdivision Requirements - Applicant Requirements, and Article VII, Definitive Subdivision Requirements - Applicant Requirements, to ensure an adequate, clear, consistent, and efficient review by the Planning Board. This article of these regulations is for procedural use by the Planning Board and for applicant reference.
A.
Pre-application technical review. Prior to the submittal of a preliminary or a definitive subdivision application package the applicant is strongly encouraged to meet with the Technical Review Team (TRT). The purpose of this meeting prior to the submittal of an application to the Planning Board is to provide applicants with an advantageous preliminary or definitive subdivision plan review by TRT departments that will render comments and information to the applicant regarding respective department development rules, regulations, policies, and/or standards. The applicant is then advised to take any comment and/or development rules, regulations, policies, and/or standards under consideration when finalizing a preliminary or a definitive subdivision application package.
B.
Pre-application technical review submittal. If the applicant elects to meet with the TRT, then a TRT pre-application package shall be submitted to the Planning Board office for distribution to the TRT that in turn will result in the scheduling of the TRT meeting. The TRT package may include the following documents:
(1)
Plans that show the potential layout of the subdivision, roadway details, existing and proposed infrastructure, wetland boundaries, moderate slopes, the location of open space, and/or any other information that would be beneficial to the TRT to review.
(2)
A summary of the project, which may include background information, summary of the intent of the project, stormwater calculations, a description of the existing and/or proposed infrastructure, the intent of the roadways (to remain private or to become public), and any additional information that would be beneficial to the review of the potential project.
(3)
Any additional information that the applicant wishes to be reviewed prior to the submittal of a preliminary or a definitive subdivision application package.
C.
Technical report. The TRT shall provide a pre-application technical report within 25 days of the TRT meeting. The technical report shall provide meeting minutes, contact information for the TRT, a copy of the TRT comments, and a review of the project relative to applicable municipal ordinances, these regulations, and other relevant Framingham plans, policies, and/or reports.
A.
Fees. The review of a project shall not commence until the required filing fee has been provided to the Planning Board.
B.
Local tax review. Upon receipt of a preliminary or definitive subdivision plan the Planning Board shall review the local taxes for the property with the City Treasurer-Collector.
C.
Abutters list. A certified abutters list shall be provided by the applicant from the Assessor's Department.
D.
Plans for review and signature upon approval.
(1)
All plans submitted for review shall bear the stamp and signature of the land surveyor and/or a professional engineer registered in the Commonwealth of Massachusetts.
(2)
If applicable, architectural renderings and/or architectural plans shall bear the stamp and signature of a professional architect registered in the Commonwealth of Massachusetts.
(3)
Landscape plans shall bear the stamp and signature of a professional engineer and/or landscape architect registered in the Commonwealth of Massachusetts.
E.
Number of documents for review. All project application packages shall include the following:
(1)
Application (Form 5, Preliminary Subdivision Application, Form 8, Minor Definitive Subdivision Application, or Form 9, Major Definitive Subdivision Application, Appendix A): two copies with original signatures.
(2)
City Clerk receipt (Form 4, Preliminary Subdivision Application Submittal, City Clerk Receipt, or Form 7, Definitive Subdivision Application Submittal, City Clerk Receipt, Appendix A): one paper copy.
(3)
Supplemental documentation: two paper copies.
(4)
Plans sheets/sets: six half-size paper copies 11 inches by 17 inches (definitive subdivision plan only: one full-size Mylar 22 inches by 34 inches will be required upon final vote of the Planning Board).
(5)
Electronic documents: one electronic copy of all documents.
Definitive subdivision plan only:
A.
The applicant shall submit one full-size paper copy 22 inches by 34 inches and one full-size Mylar copy 22 inches by 34 inches for the final plan set as amended through the public hearing process for endorsement by the Planning Board.
B.
Upon approval or endorsement of a plan, the applicant shall provide a complete electronic set of all plans that have been signed by the Planning Board. The Planning Board shall distribute an electronic copy of the approved or endorsed plans to the Technical Review Team (TRT).
This section of these regulations is for applicant and/or developer reference only. This section outlines the Planning Board's review process for a preliminary subdivision plan to ensure that all preliminary subdivision applications are reviewed in a consistent and adequate manner.
A.
Pre-application preliminary subdivision plan application review. Prior to the finalization of a preliminary subdivision application package, an applicant may request a meeting with the Planning Board Administrator for the review of the application and/or subdivision plan. During such meeting the Planning Board Administrator can provide review of the application and/or subdivision plan for conformance with Article VI of these regulations, answer questions regarding the process, and/or conduct a site visit.
B.
Delivery of a preliminary subdivision application package.
(1)
Prior to the dropoff of a preliminary subdivision application package the applicant shall schedule a meeting with the Planning Board office for the delivery and review of the application. (Such meeting is anticipated to take approximately 30 minutes.)
(2)
During the scheduled preliminary application package dropoff to the Planning Board office the Planning Board staff will review the preliminary subdivision application package, review the subdivision process with the applicant, prepare a timeline for review of the application, answer any questions that the applicant may have, and schedule the Technical Review Team (TRT) meeting and opening public hearing.
(3)
Complete versus incomplete preliminary subdivision application package.
(a)
Complete preliminary subdivision application package. If a preliminary subdivision application package is complete and conforms to the requirements of Article VI of these regulations then the Planning Board office shall sign Form 4, Preliminary Subdivision Application Submittal, City Clerk Receipt, prepared by the applicant. The Planning Board office shall also provide the applicant with Form 6, Preliminary Subdivision Plan Checklist, which shall be also filed with the City Clerk.
(b)
Incomplete preliminary subdivision application package. If a preliminary subdivision application package is incomplete and/or does not conform to the requirements of Article VI of these regulations and no waivers were requested for submittal relief then the Planning Board office shall not sign Form 4, Preliminary Subdivision Application Submittal, City Clerk Receipt, and shall provide the applicant with Form 6, Preliminary Subdivision Plan Checklist, which identifies the deficiencies that need to be resolved and resubmitted for review. At such time the applicant shall be given an opportunity to make the application complete. Incomplete applications cannot be deemed filed until such deficiencies have been resolved.
(4)
Once a preliminary subdivision application package is deemed complete by the Planning Board office then the applicant shall deliver Form 4, Preliminary Subdivision Application Submittal, City Clerk Receipt, one copy of an original Form 5, Preliminary Subdivision Plan Application, and Form 6, Preliminary Subdivision Plan Checklist, to the City Clerk's office, at which time the City Clerk will stamp the covers of the three documents and provide the applicant with copies of the covers bearing the City Clerk's stamps.
(5)
The applicant shall provide a copy of the stamped Form 4, Preliminary Subdivision Application Submittal, City Clerk Receipt, Form 5, Preliminary Subdivision Plan Application, and Form 6, Preliminary Subdivision Plan Checklist, to the Planning Board office.
(6)
Upon receipt of Form 4, Preliminary Subdivision Application Submittal, City Clerk Receipt, Form 5, Preliminary Subdivision Plan Application, and Form 6, Preliminary Subdivision Plan Checklist, that bear the stamps of the City Clerk, the preliminary subdivision application package shall be deemed filed and the forty-five-day preliminary subdivision plan review shall commence.
C.
Prior to the opening public hearing. Upon receiving a filed preliminary subdivision application package the Planning Board shall:
D.
Distribution of a preliminary subdivision application package for review and comment.
(1)
The Planning Board staff shall distribute a copy of the completed and filed application to all TRT departments.
(2)
The applicant shall deliver a copy of the preliminary subdivision application package to the Board of Health as required by MGL c. 41, § 81U, as amended, at which time the Board of Health shall stamp the cover page of the preliminary subdivision application package. A copy of the stamped cover page shall be provided to the Planning Board.
(3)
The TRT departments and applicable boards/committees shall be given 35 days to provide comments, during which time all comments and requirements for the project shall be provided to the Planning Board for consideration when making recommendations and a decision on the project.
(4)
The Department of Public Works (DPW), the Fire Department, the Board of Health, and/or the Inspectional Services Division shall comment on a project within the original thirty-five-day comment period. However, such department shall be allowed to provide additional comment any time during the public hearing process when matters of public health, safety, and welfare are the subject of the review as the project is amended.
E.
Public hearing and notification.
(1)
The Planning Board shall hold a public hearing in accordance with MGL c. 41, § 81T, as amended, prior to the approval, project modification and approval, or disapproval of the preliminary subdivision application package.
(2)
The Planning Board shall provide written notice of the time and place of the public hearing, the subject matter to be discussed, and sufficient notice for identification of the property by the following methods of notification in accordance with MGL c. 41, § 81T, as amended:
(a)
Advertisement in a newspaper of general circulation at the expense of the applicant a minimum of 14 and seven days prior to the first public hearing.
(b)
Written mailer to all abutters and parties in interest as defined in MGL c. 40A, § 11.
[Amended 4-4-2024]
(c)
Project web page located on the Planning Board's web page that provides the legal ad, preliminary subdivision application package, and any additional information submitted by the applicant for review.
(3)
During the public hearing process, all interested parties may make inquiries, request clarification, and/or provide written or oral comments.
F.
Determination of major versus minor subdivision plan review. During the review of a preliminary subdivision plan where a project requires a determination by the Planning Board as to whether the subdivision will require major or minor definitive subdivision plan review, the Planning Board will identify in its decision for the preliminary subdivision plan review as to its determination of major or minor definitive subdivision plan review.
G.
Approval or disapproval by the Planning Board.
(1)
Within 45 days after the submittal of a filed preliminary subdivision application package (unless extended in writing by the applicant to a date certain, by written extension filed with the City Clerk's office), the Planning Board shall provide a written decision stating conditions of approval of the preliminary subdivision application package as recommended by the Planning Board. Such approval, with or without conditions, is only a preliminary determination and shall not constitute approval of a definitive subdivision plan.
(2)
In the case of disapproval of the preliminary subdivision application package, the Planning Board shall render a written explanation of disapproval and in turn file its determination with the City Clerk's office. The applicant shall be notified by hand delivery and/or certified mail within seven days of such determination and within the statutory forty-five-day period noted above. The determination shall be filed with the City Clerk's office and all original plans shall be forthwith returned to the applicant.
(3)
All comments received during the review process shall be taken under consideration for incorporation into the project prior to the submittal of the definitive subdivision application package.
This section of these regulations is for applicant and/or developer reference only. This section outlines the Planning Board's review process for a definitive subdivision plan to ensure that all definitive subdivision application packages are reviewed adequately and consistently.
A.
Major versus minor definitive subdivision application review.
(1)
Projects shall be deemed as a major or minor definitive subdivision plan in accordance with § 530-44 of these regulations.
(2)
Where a preliminary subdivision plan was filed for review by the Planning Board, then the determination of major or minor definitive subdivision plan review shall be made as part of the decision.
(3)
Where no preliminary subdivision plan was filed for review by the Planning Board, then the subdivision will require determination by the Planning Board as to whether the project will be major or minor definitive subdivision plan review. The applicant will meet with the Planning Board prior to the submittal of a definitive subdivision application submittal for such determination.
(4)
Whenever a pre-application meeting is required for the determination of major or minor definitive subdivision plan review, then such determination shall be made during a posted meeting on the agenda of the Planning Board. At such meeting the applicant shall present the requirements of the preliminary plan. The Planning Board shall review said proposal and make a determination as to whether the subdivision requires major or minor definitive subdivision plan review. Furthermore, at such time the Planning Board can require documentation for such review.
B.
Pre-application definitive subdivision plan application review. Prior to the finalization of a definitive subdivision application package, an applicant may request a meeting with the Planning Board Administrator for the review of the application and/or subdivision plan. During such meeting the Planning Board Administrator can provide review of the application and/or subdivision plan for conformance with Articles VII and VIII of these regulations, answer questions regarding the process, and/or conduct a site visit.
C.
Delivery of a definitive subdivision application package.
(1)
Prior to the dropoff of a definitive subdivision application package the applicant shall schedule a meeting with the Planning Board office for the delivery and review of the application. (Such meeting will take approximately 30 to 60 minutes dependent upon a filing for minor or major definitive subdivision plan review.)
(2)
During the scheduled definitive application package dropoff to the Planning Board office the Planning Board staff will review the definitive subdivision application package, review the subdivision process with the applicant, prepare a timeline for review of the application, answer any questions that the applicant may have, and schedule the Technical Review Team (TRT) meeting and opening public hearing.
(3)
Complete versus incomplete definitive subdivision application package.
(a)
Complete definitive subdivision application package. If a definitive subdivision application package is complete and conforms to the requirements of Articles VII and VIII of these regulations then the Planning Board office shall sign Form 7, Definitive Subdivision Application Submittal, City Clerk Receipt, prepared by the applicant. The Planning Board office shall also provide the applicant with Form 10, Minor Definitive Subdivision Plan Checklist, and Form 11, Major Definitive Subdivision Plan Checklist, which shall be also filed with the City Clerk.
(b)
Incomplete definitive subdivision application package. If a definitive subdivision application package is incomplete and/or does not conform to the requirements of Articles VII and VIII and no waivers are requested for submittal relief then the Planning Board office shall not sign Form 7, Definitive Subdivision Application Submittal, City Clerk Receipt, and shall provide the applicant with Form 10, Minor Definitive Subdivision Plan Checklist, and Form 11, Major Definitive Subdivision Plan Checklist, identifying the deficiencies that need to be resolved and resubmitted for review. At such time the applicant shall be given an opportunity to make the application complete. Incomplete applications cannot be deemed filed until such deficiencies have been resolved.
(4)
Once a definitive subdivision application package is deemed complete by the Planning Board office then the applicant shall deliver Form 7, Definitive Subdivision Application Submittal, City Clerk Receipt, one copy of an original Form 8, Minor Definitive Subdivision Application, Form 9, Major Definitive Subdivision Application, Form 10, Minor Definitive Subdivision Plan Checklist, and Form 11, Major Definitive Subdivision Plan Checklist, to the City Clerk's office. At such time the City Clerk will stamp the covers of the three documents and provide the applicant with copies of the covers bearing the City Clerk's stamps.
(5)
The applicant shall provide a copy of the stamped Form 7, Definitive Subdivision Application Submittal, City Clerk Receipt, Form 8, Minor Definitive Subdivision Application, Form 9, Major Definitive Subdivision Application, Form 10, Minor Definitive Subdivision Plan Checklist, and Form 11, Major Definitive Subdivision Plan Checklist, to the Planning Board office.
(6)
Upon receipt of Form 7, Definitive Subdivision Application Submittal, City Clerk Receipt, one copy of an original Form 8, Minor Definitive Subdivision Application, Form 9, Major Definitive Subdivision Application, Form 10, Minor Definitive Subdivision Plan Checklist, and Form 11, Major Definitive Subdivision Plan Checklist, that bear the stamps of the City Clerk, the definitive subdivision application package shall be deemed filed and the appropriate timeline shall commence in accordance with MGL c. 41, § 81U, as amended, as follows:
(a)
Nonresidential subdivision: 90 days
(b)
Residential subdivision where a preliminary subdivision plan was filed for review: 90 days
(c)
Residential subdivision where no preliminary subdivision plan was filed for review or where 45 days has not elapsed since a preliminary subdivision plan was filed for review: 135 days.
D.
Prior to the opening public hearing. Upon receiving a filed definitive subdivision application package the Planning Board shall:
E.
Technical review team (TRT) and department comments.
(1)
Prior to the first public hearing the applicant will meet with the TRT.
(2)
The TRT departments and respective board/committees have a forty-five-day comment period. During this time, all comments and requirements for the project shall be provided to the Planning Board for consideration when deciding on the project.
(3)
If new documents and/or plans are submitted after the forty-five-day comment period those members of the TRT departments and/or boards/committees that commented within the forty-five-day period shall be given an additional 10 days to review any new submittals and provide additional comment.
(4)
The Department of Public Works (DPW), the Fire Department, the Board of Health, and/or the Inspectional Services Division shall comment on a project within the original forty-five-day comment period. However, such department shall be allowed to comment any time during the public hearing process when matters of public health, safety, and welfare are the subject of the review as the project is amended.
F.
Review by the Board of Health.
(1)
At the time of submittal of the definitive subdivision application package to the Planning Board a copy of the filed definitive subdivision application package shall be filed with the Framingham Board of Health as required in MGL c. 41, § 81U, as amended.
(2)
The Board of Health shall provide written report to the Planning Board within the specified 45 days of a filed application with the Planning Board. Such report shall include a review, recommendations, requirements and/or findings for the project. Furthermore, such report shall provide a statement as to whether the Board of Health approves, approves with modifications/requirements, or denies the definitive subdivision application package.
(3)
The Board of Health may provide a written request for an extension of time to the 45 days for substantial good cause such as the applicant failing to provide additional information requested and required for review by the Board of Health, substantial changes to the documents and/or plans within the definitive subdivision application package, and/or issues relative to public health, municipal infrastructure, or services.
(4)
If an applicant who presents a subdivision that is serviced by private sewer and/or wells does not provide the required and/or adequate information to the Board of Health to make a proper review and report to the Planning Board then the subdivision review will be paused and timelines outlined in § 530-36F of these regulations will be frozen until such information relative to the private septic and/or well is provided. The Board of Health may in its report provide conditions that need to be satisfied prior to the issuance of a building permit from the Inspectional Services Division.
(5)
The Planning Board shall approve, approve with modification, or deny a definitive subdivision application package based on the Board of Health's report. The Planning Board shall not approve a plan that does not conform to the recommendations of the Board of Health.
(6)
Failure of the Board of Health to report comments and/or make recommendations within the forty-five-day period without a written request of extension shall be deemed as an approval. The Planning Board shall note in its decision that the Board of Health approval was by default of failure to report comments and recommendations.
(7)
Any approval of a definitive subdivision application package by the Planning Board shall only be given upon the condition that no building and/or structure shall be built and/or placed upon areas designed without prior consent from the Board of Health. Therefore, the Planning Board shall only endorse a definitive subdivision application package based on such conditions, specifying the lots of land to which such conditions apply.
(8)
A positive recommendation to the Planning Board for a project that will be serviced by a private/community well and/or septic by the Board of Health does not make and/or constitute a private/community well and/or septic exempt from Board of Health well and/or septic permits. The applicants will still be required to file such permits with the Board of Health separately from the definitive subdivision process.
G.
Review by the Department of Public Works (DPW).
(1)
The applicant shall work with the Department of Public Works (DPW) to develop plans for a road or way and/or infrastructure that follow the standards and regulations set forth by DPW and these regulations. Where such roads or ways and/or infrastructure does not meet the standards for construction by DPW and these regulations, the applicant shall include a plan note on the definitive or subdivision plans stating that "the road or way is not intended for acceptance as a public road or way."
(2)
The Department of Public Works (DPW) shall provide a report to the Planning Board to be reviewed and incorporated into the definitive subdivision decision.
(3)
Any approval of a definitive subdivision application package by the Planning Board shall only be given upon the condition that no road or way and/or infrastructure shall be built and/or placed upon areas designed without prior consent from Department of Public Works (DPW). Therefore, the Planning Board shall only endorse a definitive subdivision application package based on such conditions, specifying the lots of land to which such conditions apply.
H.
Planning Board decision timelines.
(1)
The Planning Board shall take action within the time frame provided under MGL c. 41, § 81U, as amended.
(2)
For the period of time to take final action or to file a decision with the City Clerk's office to be extended the applicant must provide written documentation permitting the extension and the designated length of the extension. Failure of the Planning Board either to take final action or to file a decision of such action with the City Clerk's office regarding a plan submitted by an applicant within the statutory period of time, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the Planning Board with the City Clerk's office.
I.
Definitive subdivision public hearing and notification. The Planning Board shall hold a public hearing in accordance with MGL c. 41, § 81T, as amended, prior to the approval, project modification and approval, or disapproval of a definitive subdivision application package.
(1)
The Planning Board shall make written notice of the time and place of the public hearing, the subject matter to be discussed, and sufficient legal property identification by the following methods of notification in accordance with MGL c. 41, § 81T, as amended:
(a)
Advertisement in a local newspaper of general circulation at the expense of the applicant a minimum of 14 and seven days prior to the first public hearing.
(b)
Written mailers to all abutters, abutting municipalities and other parties in interest as deemed necessary.
[Amended 4-4-2024]
(c)
Notice on the Planning Board's web page on the project link that provides the legal ad, major or minor definitive subdivision application package, and any additional information submitted by the applicant for review.
(2)
During the public hearing process abutters, abutting municipalities and all parties in interest shall be provided an opportunity to participate in the public hearing process as is customary to all public hearings.
[Amended 4-4-2024]
J.
Approval, approval with conditions, or disapproval of the definitive subdivision plan.
(1)
After all the required information is collected from the project review and public hearing process the Planning Board shall consider all the information submitted during the public hearing review process, the Board of Health report, TRT department comments, provisions set forth in these regulations, the Subdivision Control Law, and the Master Land Use Plan. The Planning Board shall make a decision of approval, approval with conditions, or denial of the definitive subdivision plan and shall file such decision with the City Clerk.
(2)
The Planning Board shall send public notification of its decision to a newspaper of general circulation in accordance with MGL c. 41, § 81T, as amended, in addition to a legal mailing to the abutters, abutting municipalities, and parties in interest.
[Amended 4-4-2024]
(3)
Once all appeal periods have lapsed the applicant shall record the decision with the South Middlesex County Registry of Deeds or the Middlesex South Registry District of the Land Court within six months after date of approval.
K.
Rescission, modification, and automatic rescission of a definitive subdivision plan.
(1)
In accordance with MGL c. 41, § 81W, as amended, the Planning Board, on its own motion or on the petition of any person interested, shall have the power to modify, amend, and/or rescind its approval of a definitive subdivision plan, or to require a change in a plan as a condition of retaining approval. All the provisions of the Subdivision Control Law relative to the submission and approval of a plan of a subdivision shall be applicable to the approval of the modification, amendment or rescission of such approval and to a plan which has been changed under this section.
(2)
The Planning Board may take action under this section where there are circumstances or new information that causes the Planning Board to question whether the definitive subdivision as approved is and/or will remain in conformity with the requirements of these regulations.
(3)
Circumstances in which automatic rescission of a definitive subdivision plan approval takes place include the following:
(a)
Any failure to obtain the endorsement of the Planning Board within six months from the date that the decision is filed with the City Clerk's office shall result in the automatic rescission of the approval of the definitive plan;
(b)
Any failure to complete all ways and install all municipal services as shown on the approved subdivision plan within two years of the date of the decision shall result in the automatic rescission of the approval of said plan, except where the applicant has submitted a written request for an extension of time that states reasons of good cause. The Planning Board may grant an extension of two years to allow the applicant to complete the work (more than one extension may be granted but requested separately); and
(c)
Any failure of the developer to comply with all applicable provisions of the City Zoning Ordinance or unauthorized departure from any agreements made or plans submitted, whether or not at the direction of other public agencies, shall result in the automatic rescission of the approval of the definitive plan.