A.
Only those plans which constitute subdivisions as that term is defined in § 201-4 require the approval of the Planning Board. However, all plans, whether subdivisions within the meaning of the law or not, must have either approval as a subdivision or endorsement that they do not require approval before they will be accepted for recording at the Registry of Deeds or registration at the Land Court.
B.
Plans intended for review at any meeting of the Planning
Board must be forwarded to the office of the Town Clerk not later
than 4:00 p.m. two working days prior to the Planning Board meeting.
The day of the next regular Board meeting shall be considered to be
the date of submission for all plans, except that the date of mailing
shall be the date of submission for definitive plans sent by registered
mail to the Planning Board, care of the Town Clerk.
A.
Submission. Any applicant who wishes to record in
the Registry of Deeds or to file with the Land Court a plan of land
which is believed not to require approval under the Subdivision Control
Law may apply to the Planning Board for endorsement that such approval
is not required. The applicant shall submit the plan (plus evidence
that a subdivision is not required), two prints (to be retained by
Planning Board) and a complete Form A (see Appendix) to the Planning
Board and shall file, by delivery or registered mail, a copy of Form
A with the Town Clerk. If the Board determines that the plan does
not show a subdivision, it shall endorse the plan “Approval
Under the Subdivision Control Law Not Required.” The Board will
return the original of the plan to the applicant notifying both him
and the Town Clerk of its action.
B.
Required information. Such plans shall show all of
the following:
(1)
Any existing structures on the land shown on the plan
and dimensions of proposed yards.
(2)
Any existing structures on any remaining adjoining
land owned by the applicant and dimensions of yards.
(3)
Remaining frontage of any adjoining land in the same
ownership.
(4)
Present owner of the land shown on the plan and all
abutting owners.
(5)
Location of any easement or way, public or private,
across the land, with a designation as to the use of the same.
C.
Time limit. If the Board fails to either act upon
a plan submitted under this section or to notify the Town Clerk and
the person submitting the plan of its action within 21 days after
its submission, it shall be deemed to have determined that approval
under the Subdivision Control Law is not required. The Board must
then so endorse the plan, or the Town Clerk may issue a certificate
to the same effect.
D.
Ways in existence. Existing ways will normally be
determined by the Board to provide adequate access to qualify a plan
as not constituting a subdivision only when the layout, design, and
construction of such ways meet the standards of this chapter for ways
within a subdivision.
Prior to investing in extensive professional
design efforts for subdivision plans, it will often prove useful to
review the proposed development of a parcel of land with the Planning
Board in order that general approaches, possible use of cluster development,
and potential problems can be freely explored. Pencil sketches, which
need not be professionally prepared, will assist the discussion and
might show some but not all of the information shown on a preliminary
plan. In some cases, this presubmission review may eliminate need
for such a preliminary plan.
A.
General. A preliminary plan of a subdivision may be submitted by the applicant to the Planning Board and to the Board of Health for discussion and approval, modification, 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 costly engineering drawings for a definitive plan are prepared. Also, during discussion of the preliminary plan, the financial responsibilities pertaining to performance guarantees for the proposed subdivision [see § 201-9E(4)] can be explained and preliminary calculations worked out. Though the submission of a preliminary plan is not mandatory, it is strongly recommended that a preliminary plan be filed in each case except those where presubmission review had adequately clarified all issues.
B.
Contents. The preliminary plan shall be drawn on tracing
paper or cloth at a scale of one inch equals 40 feet, unless the extent
of the area being subdivided and amount of information being conveyed
necessitates some larger scale of up to one inch equals 100 feet.
(1)
A preliminary plan shall have contents as defined
below:
(a)
The subdivision name, boundaries, North point,
date, scale, legend and title “Preliminary Plan”;
(b)
The names of the record owner and the applicant
and the name of the designer, engineer or surveyor;
(c)
The names of all abutters, as determined from
the most recent local tax list;
(d)
The existing and proposed lines of streets,
ways, easements and any public areas within the subdivision in a general
manner;
(e)
The proposed system of drainage, including adjacent
existing natural waterways, in a general manner;
(f)
The approximate boundary lines of proposed lots,
with approximate areas and dimensions;
(g)
The names, approximate locations and widths
of adjacent streets; and
(h)
The topography of the land in a general manner.
(2)
In addition, to promote better understanding, it is
requested that the following be submitted:
(a)
A drawing at a scale of one inch equals 600
feet showing the outline of the tract being subdivided, streets in
the vicinity of the subdivision sufficient to locate the subdivision
on Town base maps, and streets and reserved open spaces proposed within
the subdivision.
(b)
In the case of a subdivision covering less than
all of the land owned by the subdivider in the area of the subdivision,
a plan showing in a general manner the proposed overall development
of all of said land.
C.
Application procedure. The applicant shall submit
to the Planning Board seven copies of the preliminary plan (applicant
retains original), plus an original completed preliminary plan application
and Form B (see Appendix). The applicant shall file by delivery or
registered mail a notice with the Town Clerk of submission to the
Planning Board of application for preliminary plan approval, accompanied
by a copy of the completed Form B. The Planning Board shall distribute
copies of the preliminary plan to the Director of Public Works, the
Adams Fire District Chief, the Adams Sewer Commission, the Zoning
Agent, the Conservation Commission and the Board of Selectmen. The
applicant shall submit a copy of the plan to the Board of Health for
its comments and suggestions.
D.
Approval or disapproval of preliminary plan. Within
45 days after submission of a preliminary plan, the Planning Board
shall approve such plan with or without modifications suggested by
it or agreed upon by the person submitting the plan, or the Board
shall disapprove such preliminary plan and, in the case of disapproval,
shall state its reasons therefor.
E.
Relation of preliminary plan to definitive plan and
zoning provisions. Approval of a preliminary plan does not constitute
approval of a subdivision, and a preliminary plan may not be recorded
in the Registry of Deeds. Provided that a definitive plan is duly
submitted within seven months from the date of submission of the preliminary
plan, the subdivision rules and regulations in effect at the time
of submission of the preliminary plan shall govern the definitive
plan, and if the definitive plan is ultimately approved, the zoning
provisions in effect at the time of submission of the preliminary
plan shall govern the land shown for five years from the date of endorsement
of the subdivision plan (MGL c. 40A, § 6).
A.
Application procedure.
(1)
Any person who desires approval of a definitive plan
of a subdivision shall:
(a)
Submit to the Planning Board the following:
[1]
Eight contact prints of the definitive plan, dark line on white background. (See Subsection B of this section for definitive plan contents.) The original definitive plan drawing will only be needed if and when actual signing of the plan takes place.
[2]
A drawing at a scale of one inch equals 600
feet showing the outline of the tract being subdivided, streets in
the vicinity of the subdivision sufficient to locate the subdivision
on Town base maps, and streets and reserved open spaces proposed within
the subdivision.
[3]
Three prints of street plans and profiles of every proposed street and three prints of street cross sections. (See Subsection C of this section for street plan, profile and cross section contents.)
[4]
An environmental analysis, if required by the Planning Board for a proposed subdivision which would create frontage potentially allowing 30 or more lots. (See Subsection D of this section for contents of environmental analysis.)
[5]
Two copies of properly executed application
Form C (see Appendix).
[6]
Evidence of the applicant's title to the proposed
subdivision site.
[7]
If requested by the Board, drainage calculations,
traverse notes, language of any easements, covenants or restrictions
applying to or proposed for the area being subdivided, rights and
easements obtained for utilities or drainage outside of the subdivision,
and description of erosion controls to be used.
(b)
File with the Town Clerk by delivery or registered
mail a notice of submission to the Planning Board of the definitive
plan, plus a copy of the completed application Form C.
(c)
File with the Board of Health a copy of the
definitive plan.
(2)
If necessary in order to determine compliance with
the requirements or intent of this chapter, the Board may require
further engineering or environmental analyses to be prepared at the
expense of the applicant, employing professionals approved by the
Board.
(3)
All expenses for advertising, engineering, professional
planning review, inspection plans, construction, recording, and filing
of documents and all other expenses in connection with a subdivision
shall be borne by the applicant (developer) and said bills paid before
final security is released.
B.
Definitive plan contents. The definitive plan shall
be prepared by a registered civil engineer and registered land surveyor
and shall be legibly drawn in black India ink upon tracing cloth or
polyester film. Sheet size shall not exceed 24 inches by 36 inches.
The plan shall be at the scale as the Board may accept to show details
clearly and adequately. If multiple sheets are used, they shall be
accompanied by an index sheet showing the entire subdivision. The
definitive plan shall contain the following:
(1)
Subdivision name, boundaries, North point, legend,
date, and scale.
(2)
Name and address of record owner and of subdivider
and stamp and signature of registered land surveyor and any other
professionals engaged in the design.
(3)
Location and names of all abutters as they appear
in the most recent local tax list, designation of zoning district,
and designation of subdivision districts [see § 201-10A(1)
and (2)].
(4)
Existing and proposed lines of streets, ways, paths,
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 Planning Board.)
(5)
Sufficient data to determine readily the location,
direction, and length of every street and way line, easements, lot
line and boundary line and to establish those lines on the ground.
If any part of the subdivision is within 500 feet of a Massachusetts
Coordinate System Survey Monument, the subdivision shall be tied to
said system.
(6)
Road center-line stationing, referenced to the street
plans and profiles.
(7)
On a separate sheet but at the same scale as the definitive
plan, topography at two-foot contour intervals, with graphic drainage
analysis, including distinction between upland and wetland, indication
of annual high-water mark, and location of existing structures, including
fences and walls.
(8)
Lot numbers, shown enclosed in a circle, and street
numbers, shown enclosed in a square.
(9)
Location of all permanent monuments, properly identified
as to whether existing or proposed.
(10)
Location, names and present widths of streets bounding,
approaching or within reasonable proximity of the subdivision.
(11)
Existing and proposed watercourses, ponds, and wetlands.
(12)
Suitable space to record the action of the Board and
the Town Clerk's certification, as defined in MGL c. 41, § 81V.
See Appendix.
(13)
The existing and proposed location of the base flood
elevation (see definition) if encountered within, or within 100 feet
of, the subdivision.
C.
Street plans, profiles and cross sections.
(1)
For every street there shall be a separate plan at
one inch equals 40 feet and a profile at one inch equals 40 feet horizontal
and one inch equals four feet vertical showing the following data:
(a)
Exterior lines of the way, with sufficient data
to determine their location, direction and length.
(b)
Existing center-line profile to be shown as
a fine full line for proposed streets and for intersecting streets
for at least 100 feet each side of the intersection of street center
lines. When required by the Board, the existing topography on the
right side lines of proposed streets shall be shown as dashed black
line and left side lines as black dots. Elevations shall be based
on USGS bench marks if such exist within 1,000 feet of the subdivision.
(c)
Proposed center-line profile, to be a heavy
full line, with elevations shown every 50 feet (25 feet on vertical
curves).
(d)
Existing and proposed watercourses, ponds and
wetlands.
(e)
All drainage facilities to be shown on the plan
and profiles, showing pipe sizes, invert elevations, and slopes.
(f)
Location and size of existing and proposed water
mains, hydrants, and main gate valves.
(g)
Location of existing and proposed cable utilities
and their appurtenances.
(h)
Location of the following, unless waived by
the Board: existing and proposed street paving, sidewalks, streetlighting,
curbs and gutters.
(2)
Typical street cross sections shall be supplied for
each class of street within the subdivision, and for each subdivision
district [see § 201-10A(1) and (2)], drawn at one inch equals
four feet, showing all elements within the street right-of-way, and
typical cross sections of any altered drainage courses or off-street
paths.
D.
Environmental analysis. Any subdivision creating frontage
potentially allowing 30 or more lots shall be based upon an environmental
analysis if required by the Planning Board, and, in addition, the
Planning Board may require for subdivisions of fewer than 30 lots
that certain of the following be submitted where such information
is necessary to evaluate the plan because of special circumstances
of the location or proposal. Environmental analyses shall be prepared
by an interdisciplinary team to include a land surveyor, civil engineer,
and architect or landscape architect, unless otherwise agreed to by
the Planning Board. The following documentation is required for each
such analysis. Drawings shall be at uniform scale on sheets not larger
than 42 inches by 60 inches.
(1)
Site analysis, showing the following:
(a)
Location and boundaries of the site.
(c)
Vegetative cover analyses, including identification
of general cover type (wooded, cropland, fresh wetland, etc.), location
of all major tree groupings, plus other outstanding trees or other
botanical features, and important wildlife habitats.
(d)
Approximate groundwater level and location and
results of soil percolation or other subsurface tests.
(e)
Visual analysis, including analysis of scenic
vistas, and locations of visual prominence.
(2)
Site proposals, showing the following:
(a)
Boundaries of the site, proposed lot lines,
proposed streets and ways, and proposed parking areas if designated
for eight or more cars, reproduced as a clear acetate or mylar overlay.
(b)
Proposed land uses.
(c)
Proposed grading plan and indication of areas
of retained and proposed vegetation.
(d)
Proposed water, sewerage, and drainage systems,
in a general manner.
(e)
Location and uses of any proposed structures.
(3)
A narrative shall also be submitted, documenting the
following with reference to the above environmental analysis maps
as germane:
(a)
Impact upon surface water quality and level.
(b)
Impact upon groundwater quality and level.
(c)
Material effects upon important wildlife habitats,
outstanding botanical features, and scenic or historic environs.
(d)
Capability of soils, vegetative cover, and proposed
erosion control efforts to support proposed development without danger
of erosion, silting, or other instability.
(e)
Relationship to the requirements of MGL c. 131,
§§ 40 and 40A (the Wetlands Protection Act).
E.
Plan processing.
(1)
Board of Health review. The Board of Health shall
report to the Planning Board in writing its approval or disapproval
of the definitive plan submitted to it. If the Board of Health disapproves
said plan, it shall make specific findings as to which, if any, of
the lots shown in such plan cannot be used for building sites without
injury to the public health and include the reasons therefor in such
report and, where possible, shall make recommendations for the adjustment
thereof. Approval of the plan by the Planning Board shall then only
be given on condition that the lots or land as to which specific findings
were made shall not be built upon without prior consent of the Board
of Health. The Board shall endorse on the plan the lots or land to
which said conditions apply. If a municipal sewerage system will service
the proposed subdivision, the failure of the Board of Health to make
its report within 45 days after the plan is filed with its office
shall be deemed approval by that Board.
(2)
Review by other Town agencies. The Planning Board
will distribute copies of the definitive plan to the Director of Public
Works, the Adams Fire District, the Adams Sewer Commission, the Zoning
Agent, the Conservation Commission, and the Board of Selectmen for
their comments and suggestions. The Planning Board will distribute
copies of the street profiles to the Director of Public Works and
the Adams Fire District.
(3)
Public hearing. Before approval, modification and
approval, or disapproval of the definitive plan is given, a public
hearing shall be held by the Planning Board. Notice of the hearing
time, place, and subject matter, sufficient for identification, shall
be given by the Planning Board by advertisement in a newspaper of
general circulation in the Town of Adams once in each of two successive
weeks, the first publication being 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 the land included
on such plan as appearing on the most recent local tax list.
(4)
Performance guarantee. Before the Planning Board endorses its approval of a definitive plan, the developer shall agree to complete without cost to the Town all improvements required by this chapter and shall provide security that he will do so, either by covenanting not to sell or build upon any lots until completion of the improvements (which covenant must be referred to on the plan and registered or recorded with it; see Form F), or by posting bond or other security which the Town can utilize in the event that the improvements are not completed within two years (see Forms E-1 and E-2), or by some combination of these. The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest. The Board may release the developer from the covenant upon receipt of an agreement executed by the applicant and by the holder of a first mortgage on the premises providing for retention of funds and their availability to the Town upon default (see MGL c. 41, § 81U, Paragraph 11). Full security shall not be released until the integrity of road pavement and drainage has been verified following a full winter of use, until trees and other vegetation have been established, until either fee to the streets has been conveyed to the Town (§ 201-22E) or other provisions for their continued maintenance have been accepted by the Board, and until the record plans have been received.
(5)
Approval, modification or disapproval. The action
of the Board in respect to such definitive plan shall be by vote.
Copies of said vote shall be certified and filed with the Town Clerk
and a copy sent by delivery or registered mail to the applicant. If
the Board modifies or disapproves such plan, it shall state in its
vote the reasons for its action.
(a)
Criteria for action by the Board shall be the
following:
[1]
Completeness and technical adequacy of all submissions.
[2]
Determination that development at this location
does not entail unwarranted hazard to safety, health or convenience
of future residents of the development or to others because of possible
natural disasters, traffic hazard, or environmental degradation.
[4]
Determination, based upon the environmental
analysis when submitted, that the subdivision as designed will not
cause substantial and irreversible damage to the environment, which
damage could be avoided or ameliorated through an alternative development
plan.
[5]
Conformity with all applicable zoning requirements.
(b)
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 the Clerk has notified the Board
that no appeal has been filed.
(c)
Following endorsement of the plan by the Board,
the applicant shall provide the Board with a reproducible copy and
two contact prints of the definitive plan and of the street plan and
profiles; a copy of the definitive plan as recorded, noting book,
page number, and date of recording; and a copy of final covenants
and restrictions for its files. The Board shall supply the applicant
with a completed Form D.
F.
Rescission. Failure of the developer to record the
definitive plan at the Registry of Deeds within six months of its
endorsement, or to comply with the construction schedule of the performance
agreement (Form E, Covenant, or Form F, Performance Bond), shall constitute
sufficient reason for Planning Board consideration of rescission of
such approval, in accordance with the requirements of MGL c. 41, § 81W.
