A.
General.
(1)
An application for approval of a preliminary plan of a subdivision shall be submitted to the Planning Board by the applicant, who is defined in § 159-3. The submission of such a preliminary plan will enable the subdivider, the Board, 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.
(2)
A definitive plan will not be reviewed unless a preliminary
plan has been submitted and subsequently approved. Rules and regulations
in effect at the time of the definitive submission shall apply unless
the definitive plan is submitted within seven months of the date of
preliminary submission, in which case the rules and regulations in
effect on the earlier date shall still apply.
B.
Method of submission.
(1)
An application for approval of a preliminary plan
shall be submitted within 14 days prior to the first regular meeting
of the Board for that month. The application shall be placed on the
agenda for review on the first regular meeting of the month. If the
application is deemed incomplete, the Board, by vote, may reject the
plan, and no further action shall be taken by the Board until the
applicant resubmits an amended application. The decision shall be
filed with the Town Clerk; the applicant shall be notified by certified
mail.
(2)
Notice shall be given to the Town Clerk when the preliminary
application is filed with the Planning Board. A filing fee of $250
plus $25 per lot or any part thereof shall accompany the application.
Payment shall be made by check payable to the Town of Agawam. Should
the application be determined to be incomplete, the fee shall be returned
and all privileges shall be voided.
[Amended 9-18-2008]
C.
Contents of application.
(1)
Preliminary submissions shall include the following:
(c)
A location map of the site and surroundings
sufficient to locate the site from existing intersections, pump stations,
etc. The scale shall be one inch equals 1,200 feet.
(d)
An environmental study. The environmental study
need not be compiled by a professional agency. The applicant may make
the observation and determinations himself, with such assistance from
engineers, nursery men, etc. as is necessary for accuracy in the technical
areas. Photographs to support the observations should be included.
The short form contained in Chapter 30, § 62, of the Massachusetts
Environmental Act may be used for guidance. The study shall be presented
in report form with drawings or maps as needed for clarification.
The study shall contain:
[1]
The relationship of the proposed development
to the Master Plan, Zoning Map, policies and controls for the affected
area.
[2]
Existing topography, water table, drainage features,
natural geologic elements, stands or groves of trees, shrub rows or
other wildlife habitats, scenic qualities, easements and rights above,
on or under the land and the current nature of man's use of the area;
a topographic sheet with existing and finished contours at two-foot
intervals; spot elevations as needed. Contour lines shall extend at
a minimum 30 feet beyond the property lines.
[3]
The effect of the proposed development, both positive and negative, upon the environment, including consideration of those elements in Subsection C(1)(d)[2] above; visual, including but not limited to aesthetic considerations and signs and architectural elevations; traffic, pedestrian and vehicular, within and in the surrounding areas servicing the proposal; solid waste containment and disposal; air and water quality; also radiation and hazardous substances control; historic architectural and archaeological preservation; and outdoor recreation, if involved in existing or proposed development. Does the proposal involve a filing under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40?
(e)
A preliminary plan, which shall include:
[1]
A lot survey with existing easements, abutters and zone lines; existing streets abutting the proposal (type of street, see § 159-8B).
[2]
A topographic plan showing:
[a]
Existing contours at two-foot intervals extending
at least 30 feet beyond the property lines.
[b]
Environmental elements, including such things
as the following: all areas regulated by the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, shall be verified by the
Agawam Conservation Commission through a determination of applicability;
existing stone walls, fences, existing buildings, trees with a diameter
greater than eight inches measured five feet above the ground, shrub
rows, rock ridges and outcroppings, water bodies and any other noteworthy
feature of the land.
[3]
Indication of sewerage, water and surface water
systems.
(f)
An attested copy of the deed of the property.
(2)
Plans shall be presented in one original plus four
copies, minimum. Other documents shall be presented in two copies.
One set will be returned to the applicant as endorsed.
D.
Action of the Board. The Board shall confer with any
boards or commissions which have an interest in the proposal. Within
45 days after submission of a preliminary plan, the Board shall approve,
approve with amendments or disapprove the plan. The applicant shall
be notified by certified mail. The Town Clerk also shall be notified.
In the case of disapproval, the Board shall state in detail its reasons
therefor. Section 81S of Chapter 40 of the Massachusetts General Laws
shall apply. The Planning Board shall also notify abutters to the
proposal of the submission and shall have the submission available
for their review at the Town Hall.
A.
Timing.
(1)
No person shall submit a definitive plan of a subdivision
to the Planning Board for approval unless a preliminary plan has been
approved by the Board. The definitive plan shall not vary substantially
from the approved preliminary plan.
(2)
The definitive plan shall conform to the applicable
Zoning Ordinance.
B.
Method of submission.
(1)
An application for approval of a definitive plan shall
be submitted within 14 days prior to the second regular meeting of
the Board for the month.
(2)
The application shall be placed on the agenda for
submission review on the second regular meeting of the month. If the
application is deemed incomplete, the applicant will be notified by
certified mail that the plans will not be further reviewed and that
after the required public hearing the Board, by vote, may reject the
plans due to improper submission.
(3)
If, prior to the public hearing, the applicant completes
the application, the amended submission shall be accompanied by a
request for an appropriate extension of time.
(5)
A filing fee of $500 plus $75 per lot or any part
thereof shall accompany the application. Payment shall be by check
payable to the Town of Agawam.
[Amended 9-18-2008]
(6)
Land which is to be secured by conservation easement
or deeded to the Town as public open space and is so indicated on
the plan shall not be subject to the acreage filing fee.
C.
Contents of application. Submission of a definitive
plan application shall include the following:
(2)
An attested copy of the deed of the property.
(3)
An updated environmental study (reference to previous
study and to include any changes which have occurred in the time interval).
(4)
Final plans and specifications as required:
(a)
A title sheet showing the index to drawings
and a location map at a scale of one inch equals 1,200 feet.
(b)
A lot survey with road layout and lot lines suitable for filing with the Registry of Deeds. See Subsection G(2). Roadway layout, roadway center line, and property lines shall be tied into the Agawam Coordinate System. Coordinate traverse point locations can be obtained from the Engineering Division. After the definitive plan is approved, the applicant shall provide the Engineering Division with a computer disk containing the following: Coordinates of roadway layout and center line data, property line data, and all plan and profile drawings. The computer disk shall be supplied in an AutoCAD or DXF format, unless otherwise specified by the City Engineer.
[Amended 12-5-1996]
(c)
A topographic sheet with existing and finished
contours at two-foot intervals; spot elevations as needed. Contour
lines shall extend at a minimum 30 feet beyond the property lines.
Center lines of roads with stations and elevations shall be shown.
Where septic tanks and leach fields are being used, areas of leach
fields shall be shown by spot elevations. The general location of
proposed buildings shall also appear on this plan, and the finished
grade of land at the four corners.
(d)
Road layouts and profiles, including those of all utilities. (See Article IV.) Curb cuts and driveways within the street line shall be shown.
(e)
Detail sheets as needed.
(5)
A statement of the time-development sequence.
(6)
A plan showing the sequence of development. All bonding
must conform to these divisions.
(8)
A report of test borings and soil samples, water table
tests and soil absorption tests (percolation tests):
(a)
Borings and soil samples. Borings and soil tests
shall be made by a reputable soil testing firm approved by the Town
Engineer. Borings shall be made in general every 250 feet along the
center line of each roadway or closer if required by the Town Engineer
and in easements at the discretion of the Town Engineer. The borings
shall extend to a depth of one foot below the deepest utility. The
borings should be shown on the profiles of the construction plans
and should indicate the type of soil and the depths at which they
are encountered, the standard penetration resistance (N) of each type
of soil and the elevation of the water table. In addition, soil samples
shall be taken at the street borings of the material which will form
the subgrade of the proposed roadways. A sieve analysis shall be made
of these samples with the percent passing the one-half-inch, No. 4,
No. 10, No. 40 and No. 200 sieves being reported. Also, the liquid
limit, plasticity index and group index of the samples shall be determined
and reported. The developer may provide test pit logs from backhoe-dug
test pits at the above-described locations. These test pits will be
provided at the developer's option and will not necessarily relieve
him of the requirements for penetration tests and samples noted above.
(b)
Soil absorbency tests and water table observation
tests.
[1]
All percolation tests (soil absorbency tests)
shall be made at the final location and elevation of the proposed
leaching field and wherever else determined by the Town Engineer.
All tests will only be performed during the period of April 1 to June
15, provided that all frost is out of the ground. Soil with a percolation
rate of over 15 minutes per inch shall not be suitable for septic
tanks and leach fields. Soil with a percolation rate of over one minute
per inch shall be unsuitable for subsurface leaching fields and street
drains. A groundwater observation hole a minimum of seven feet in
depth must be measured from the elevation of the property after finished
grading. All tests must be made in the presence of the Town Engineer
or his agent. Where the test is to be made in filled ground for sanitary
sewerage disposal purposes, the fill must be in place at least six
months prior to the date on which the test is made. Tests made under
this section may be utilized by the Board of Health, provided that
any additional requirements of that Board have been complied with.
[2]
Plans shall be presented in two sets of original
or reproducible drawings and a minimum of five sets of copies. All
other documents shall be presented in three copies. One set of original
plans and one copy of other documents will be returned to the applicant
as endorsed.
[Amended 9-18-2008]
D.
Preparation of definitive plan. The definitive plan
shall be prepared by an engineer and/or surveyor and shall be clearly
and legibly drawn in black India ink upon Mylar. The plan shall be
at a scale of one inch equals 40 feet or such other scale as the Board
may accept to show true bearings, curve data and accurate dimensions.
Sheet sizes shall not exceed twenty-four by thirty-six (24 x 36) inches.
The definitive plan shall contain the following information:
(1)
The subdivision name, boundaries, North point, date
and scale.
(2)
The name and address of the record owner, subdivider
and engineer or surveyor who shall indicate by stamp registration
in the Commonwealth of Massachusetts.
(3)
The names of all abutters as they appear on the most
recent tax list.
(4)
The existing and proposed lines of streets, ways,
lots, easements and public or common areas within the subdivision.
(The proposed names of proposed streets shall be shown in pencil until
they have been approved by the Board.) Contents of titles, covenants
and easements shall be reproduced in full either on the plan or appended
thereto.
(5)
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.
(6)
The locations of all permanent monuments properly
identified as to whether existing or proposed.
(7)
The locations, names and present widths of streets
bounding, approaching or within reasonable proximity of the subdivision.
(8)
Suitable space to record the action of the Board and
the signatures of the members of the Board (or officially authorized
person). The block shall be three and five-tenths by seven (3.5 x
7) inches, minimum.
(9)
Existing and proposed topography at two-foot contour
intervals as required by the Board.
(10)
Profiles on the center lines 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
Board. All elevations shall refer to the Town datum. A minimum of
one bench mark shall be provided based upon Town (United States Geological
Survey, National Geodetic Vertical Datum) datum.
(11)
The proposed layout of storm drainage, public water
supply and public sewage disposal systems. If wells and/or septic
tanks and leach fields are intended to be utilized, these shall be
shown by general indication of location with spot elevations on the
finished grading sheet. The Board of Health reserves the right to
make final determination concerning location and specifications of
private water and sewage systems.
E.
Review by Board of Health as to suitability of the
land.
(1)
The Planning Board shall, within 10 days after submission
of a plan, consult with the Board of Health. If the Board of Health
is in doubt as to whether any of the land in the subdivision can be
used as building sites without injury to the public health, it shall
so notify the Planning Board, in writing, within 30 days. Any approval
of the plan by the Planning Board shall then only be given on the
condition that the lots or land as to which such doubt exists shall
not be built upon without prior consent of the Board of Health, and
shall endorse on the plan such condition, specifying the lots or land
to which said condition applies.
(2)
The data obtained in § 159-7C(7) shall be submitted by the Planning Board to the Board of Health for its review.
(3)
Any lot so located that it cannot be served by a connection
to the municipal sewer system shall be provided with a septic tank
and drain field satisfactory to the Board of Health.
F.
Public hearings. Before approval of a definitive plan
is given, a public hearing shall be held by the Planning Board. Notice
of such hearing shall be given by the Board at least 14 days prior
thereto by advertising in an official publication of, or in a newspaper
of general circulation in, the Town of Agawam. A copy of said notice
shall be mailed to the applicant and to all owners of land abutting
the subdivision and within 500 feet of it, as appearing in the most
recent tax list. A petition for a change of zone when necessary shall
be entered and heard concurrently with the subdivision approval hearing
if the Council has referred a zone change request back to the Board.
The Planning Board may notify the Pioneer Valley Planning Commission
(PVPC) and abutting communities if the proposal would have regional
significance.
G.
Action of the Board; approval or disapproval.
(1)
Board action.
(a)
The Planning Board shall confer with any boards
or commissions which have an interest in the proposal. The action
of the Board in respect to such plan shall be by vote. The certificate
of such action shall be filed with the Town Clerk and sent by registered
mail to the applicant.
(b)
After the public hearing as required above,
the Board shall approve or, if the plan does not comply with the Subdivision
Control Law or the rules and regulations of the Planning Board or
the recommendation of the Board of Health or its agent, shall approve
with modification or disapprove such plan. In the event of disapproval,
the Planning Board shall state in detail wherein the plan does not
conform to the rules and regulations of the Board or to the recommendation
of the Board of Health or its agent, and the Board shall revoke its
disapproval and approve the plan which, amended, conforms to such
rules and regulations or recommendations. Final approval, if granted,
shall be on the condition that the plan meets approval under the Wetlands
Act, MGL c. 131, § 40.
(c)
Final approval, if granted, shall be endorsed
on the original drawing of the definitive plan by the signatures of
a majority of the Board, but not until the statutory twenty-day appeal
period has elapsed following the filing of the certificate of the
action of the Board with the Town Clerk, and said Clerk has notified
the Board that no appeal has been filed. After the definitive plan
has been approved and endorsed, the applicant shall furnish the Board
with three extra endorsed lot layout sheets and the book and page
of the Registry of Deeds (and/or Land Court) where such plan is recorded.
(2)
Rescission of approval.
(a)
A covenant filed with the Registry of Deeds and described in Subsection H below shall contain the following statement: "The construction of all ways and the installation of all municipal services shall be completed in accordance with the applicable rules and regulations of the Board within ________ months from date of endorsement. Failure to so comply shall automatically rescind approval of this plan."
(b)
Time shall be determined from the time-development
sequence.
H.
Performance guaranty. Before endorsement of approval
on the definitive plan, the Board shall require the guaranty of installation
of all work required by this regulation which shall be performed by
the applicant or his agent by a covenant running with the land which
shall be filed with the Registry of Deeds, or by posting of bond or
depositing moneys with the Town Treasurer.
(1)
Covenant. [See Subsection G(2) above.]
(a)
Such covenant shall state that no lot in the subdivision shall be conveyed other than by mortgage deed and no building shall be erected thereon until the improvements specified in the regulations are constructed and installed so as to serve the lots adequately. Such condition shall be endorsed upon the plan or contained in a separate vote or agreement which shall be referred to on the plan and recorded in the Registry of Deeds. When the applicant has completed the required improvements specified in the regulations, including the documents for street acceptance (Subsection J), for any lots in a subdivision, he may request a release of the covenant for said lots. If the improvements have been completed to the satisfaction of the Board, the Board will then execute and deliver to the applicant such release, which shall be in the form for recording in the Registry of Deeds. The Planning Board may require a deposit of security (cash only) and agreement to guarantee the performance of the work until the lots are improved. Thereafter the conditions relating to such lots so released shall terminate.
(b)
The applicant shall furnish the Board with one
copy of the recorded covenant.
(2)
Bond.
(a)
The applicant may elect to post a performance
bond for part or all of the work to be accomplished according to the
plan showing sequence of development. The performance bond and/or
deposit money shall be an amount determined by the Board to be sufficient
to cover the cost of all improvements specified in these regulations
for the division of work and as described in a related bond agreement.
All surety bonds shall be submitted to the Counsel from the Planning
Board for approval as to form prior to submission to the Town Treasurer
for approval as to sufficiency and custody. Bonds shall be written
for the time required as specified in the time-sequence of development
statement and related bond agreement.
(b)
Pump station; utility services; binding of corporations.
[1]
If a pump station is included in the definitive
plan, this work shall be secured separately and completed as to operational
capacity, standby power and warning system before a covenant relating
to any lots shall be released.
[2]
The utility services, gravel base and base coat
of blacktop shall be accomplished under covenant, cash security or
a security bond (such bond in an amount twice the amount of cash security
needed). The remainder of the work shall be secured by cash security
or by a security bond (such bond in an amount twice the amount of
cash security needed). The amount of security specified shall include
reasonable attorney's fees and related engineering costs.
[3]
Corporate owners shall produce proper authority
for the signer of the performance agreement to bind the corporation,
and the corporation major stockholder shall bind himself personally
to the terms of the performance agreement.
(3)
Extension of time. If the time schedule is altered,
notice must be given to the Planning Board which, at its discretion,
may extend the time of completion, provided that any securities then
held by the Town must be reviewed and increased as necessary to cover
any increased cost of improvements. As part of the increased costs,
the cost increment due to inflation of construction costs shall be
added to the bond or cash security posted by the applicant. The Engineering
News Record Construction Cost or similar index most accurately reflecting
Agawam’s liability, as determined by the City Engineer, will
be used to arrive at the increased construction cost.
[Amended 12-5-1996]
(4)
Upon request, partial release of securities shall
be made upon acceptance by the Board of the work completed.
(5)
Building lot bond. A performance bond will be required of contractors or other parties constructing residences upon vacant lots where curbs, sidewalks, treebelts and other municipal facilities have been placed at the lot frontage. The requirements for this bond shall conform to the applicable provisions of Subsection H(2) of these regulations. The bond amount shall be based upon the potential damage of Town facilities plus administrative costs. It shall be the responsibility of the developer to ensure that all permitted but uncompleted residences existing in the subdivision at the time of subdivision bond release have proper building lot bonds.
(6)
Inspection fee.
[Added 3-21-1991]
(a)
There shall be a fee instituted to pay for the
costs of inspection. The fee shall be based upon the linear footage
of roadway, water lines, sewer lines and drainage lines. The footage
shall be as measured on the approved definitive plans. Any substantial
increase in constructed footages over the plan footage shall result
in a prorated increase in fee. Roadways shall be measured along the
center line, from its beginning intersection with an existing street
layout line or other beginning point to the final intersection with
another street or existing layout line, so as to encompass all proposed
rights-of-way. Culs-de-sac shall be measured on the basis of a center
line extending straight through the center of the cul-de-sac to the
far edge of the layout. Water line connections and building sewers
in the right-of-way will not be included in the measurement for fee
determination, except where their length exceeds 40 feet.
(b)
The unit rate of inspection fee levied shall
be $1.28 per linear foot measured on each of the four categories cited
above. The total inspection fee shall be equal to the unit rate times
the total footage of each line category of inspection (roadway, water,
sewer and drain lines) as measured by the City Engineer. The fees
described above must be paid prior to the commencement of construction,
but these fees need only be paid beforehand for the particular phase
of work to be undertaken, e.g., roadway, sewer, water or drain. When
warranted by inflation or other factors, the unit inspection fee will
be increased as proposed by the Agawam Department of Public Works
and approved by the Planning Board.
[Amended 9-19-2013]
I.
Notification of completion. Upon completion of the
subdivision, the applicant shall notify the Planning Board that the
subdivision is ready for final inspection with respect to the removal
of the bond.
J.
Documents for acceptance of street by Council.
(1)
Upon completion of the subdivision, the applicant
shall provide the Town with an as-built plan suitable for presenting
to the Town Council for acceptance of the street. Remaining securities
held by the Town will not be released until an as-built plan has been
certified by the Board as completed for submission to the Council.
(2)
The applicant shall provide the Town with a standard
hold-harmless agreement regarding any claims created by virtue of
any actions taken by the developer and a statement from the applicant
that he gives up the right to any claims he may hold within the development.