Town of Blackstone, MA Submission and Approval of Plans

General.

A preliminary plan of a subdivision must be submitted for any proposed non-residential subdivision, and may be submitted for any proposed residential subdivision. 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. Therefore, it is strongly recommended that a preliminary plan be filed in every case.

(2)

Prior to investing in extensive professional design efforts for subdivision plans and their formal submittal, it will often prove useful to informally review the proposed development of a parcel of land with the Planning Board, in order that general approaches and potential problems can be freely explored. Simple 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 pre-submission review may eliminate need for a preliminary plan.

Submittals. Any person who seeks approval of a preliminary plan of a subdivision shall:

(1)

Submit two copies of the preliminary plan to the Planning Board and one copy each to the Town Administrator, Board of Health, Conservation Commission, DPW Superintendent, Town Clerk, and Building Inspector (See Form K).[1]

[1]

Editor's Note: Form K is included at the end of these regulations.

(2)

Submit to the Planning Board:

(a)

An application (Form B).[2]

[2]

Editor's Note: Form B is included at the end of these regulations.

(b)

The required administrative filing fee, plus the required review fee.

(3)

Submit to the Board of Health:

(a)

A copy of the application (Form B).

(4)

Submit to the Town Clerk (by delivery or certified mail):

(a)

A copy of the application (Form B).

(5)

In addition to those items required to be submitted, it is requested that the following be furnished:

(a)

A locus plan of the subdivision, showing its street configuration in relation to the surrounding area and to zoning district boundaries, at a scale of one inch equals 600 feet.

(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 said land.

(c)

Preliminary findings, in a general way, of the environmental analysis required under § 191-8D, if expected to be required.

Plan contents. The preliminary plan shall be clearly drawn at a suitable scale preferably one inch equals 40 feet. Said preliminary plan shall show sufficient information about the subdivision to form a clear basis for its review and for the preparation of the definitive plan, and shall show:

(1)

The subdivision name, boundaries, North point, date, scale, legend and title "Preliminary Plan."

(2)

The name and address of record owner, applicant, registered engineer and registered surveyor.

(3)

The names of all abutters from the most recent tax list.

(4)

Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision in a general manner.

(5)

The proposed system of drainage, including adjacent existing natural waterways, in a general manner.

(6)

The approximate boundary lines of proposed lots, with approximate areas and dimensions.

(7)

The location, names and widths of adjacent streets approaching or near the subdivision.

(8)

The topography of the land in a general manner.

Field trip. In order to facilitate field inspection and review of the site of the proposed subdivision, it is desirable that there be temporary staking along the center line of all proposed roads in the subdivision, or if that is impractical, some alternative method of enabling on-site review.

Approval. Within 45 days after submission of a preliminary plan, the Board shall notify the applicant (by registered mail) and the Town Clerk either that the plan has been approved, or that the plan has been approved with modifications suggested by the Board or agreed upon by the person submitting the plan, or that the plan has been disapproved, and in the case of disapproval, the Board shall state in detail its reasons there for. Such approval does not constitute approval of a subdivision but does facilitate the procedure in securing final approval of the definitive plan. Prior to taking such action, the Board must be in receipt of Form K, Distribution List.[3]

[3]

Editor's Note: Form K is included at the end of these regulations.

Submittals. Any person who desires approval of a definitive plan of a subdivision shall:

(1)

Submit two copies of the following to the Planning Board, and one copy each to the Town Administrator, Board of Health, Conservation Commission, DPW Superintendent, Town Clerk and Building Inspector (See Form K.):

(a)

The definitive plan, as described at Subsection B. The original definitive plan drawing will only be needed if and when actual signing of the plan takes place.

(b)

The definitive plans shall be organized and shall include sheets as follows: (i) general sheets (cover sheet, index sheet, general notes, and typical sections), (ii) lot layout sheets, (iii) street plan and profile sheets as described at Subsection B, (iv) grading and drainage sheets, (v) utility sheets, (vi) construction detail sheets, and (vii) decision sheets containing a facsimile copy of the Planning Board Decision (following endorsement). The lot layout sheets, street plan and profile sheets, grading and drainage sheets, and utility sheets shall be drawn at the same scale.

(c)

The grading and drainage sheets shall show existing and proposed topography at two-foot contour intervals, distinction between upland and wetland, indication of annual high water mark, location of tree cover, outstanding individual trees, existing structures including fences and walls, and proposed streets, and lot lines. Drainage facilities shall be shown and shall include drainlines (location, diameter, and pipe material and class), drainage structures, inverts, and stormwater management basins. If located within the one-hundred-year floodplain, the floodplain boundary and the base flood elevation (one-hundred-year flood) shall be shown. All resource areas subject to regulation under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) or the Town of Blackstone Wetlands Bylaw (§§ 119-1 to 119-15) shall be shown.

(d)

The drainage report shall include a detailed narrative of pre-development and post-development runoff and a description of the calculations and methodology, pre-development and post-development watershed plans depicting drainage area boundaries, flow paths, topography, and soil classifications, and drainage calculations including computer printouts (if any) documenting the adequacy of all proposals.

(e)

Test pit logs to be submitted include one pit required per four proposed lots, selected to reveal general patterns of subsurface characteristics, after consultation with the Board of Health and the Conservation Commission. Locations shall be indicated on the development plan. Additional deep test hole or soil boring logs are required as set forth in § 191-11D.

(f)

Where connection to the public water system is not proposed, information indicating why such connection is not feasible, description of provisions to be made for water for firefighting, and information adequate to allow determination of compliance with requirements regarding potable water quality and quantity.

(g)

An erosion control plan, indicating the erosion control measures to be employed, including description of locations of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques, and sediment basins, and narrative description of how erosion from individual lots onto streets and into drainage systems is proposed to be controlled.

(h)

A locus plan of the subdivision, showing its street configuration in relation to surrounding streets and to zoning district boundaries, at one inch equals 600 feet.

(i)

A print, 8 1/2 by 11 inches, showing an outline of the subdivision, all ways and lots, street names, and lot numbers.

(j)

An environmental analysis, if required (Subsection D).

(k)

Construction details and specifications, and typical road sections and road sections for any road section variant at all critical locations.

(2)

Submit the following to the Planning Board:

(a)

If requested, traverse notes, evidence of ownership, language of any easements, covenants or deed restrictions applying or proposed to apply to the area being subdivided, and rights and easements obtained for utilities or drainage outside of the subdivision.

(b)

Two copies of properly executed application Form C.[1]

[1]

Editor's Note: Form C is included at the end of these regulations.

(c)

The required administrative filing fees plus the required review fee.

(d)

(Reserved)

(e)

A list of names and mailing addresses for all abutters as they appear on the most recent local tax list, including property owners on the opposite side of any streets abutting the subdivision.

(f)

A description of the land and the proposal, suitable for advertising.

(g)

A copy of Form K[2] indicating having delivered materials to appropriate agencies.

[2]

Editor's Note: Form K is included at the end of these regulations.

(h)

A municipal lien certificate, indicating that all taxes, assessments, and charges then assessed against the land shown on the plan have been paid in full.

(3)

Submit to the Town Clerk by delivery or registered or certified mail:

(a)

A notice stating the date of definitive plan submission to the Planning Board;

(b)

A copy of the completed application Form C.

(4)

File one copy of each of the following with the Board of Health:

(a)

Definitive plan;

(b)

Street plans and profiles;

(c)

The development plan;

(d)

Environmental analysis, if any.

Definitive plan contents.

(1)

Plan preparation and format:

(a)

The definitive plan shall be prepared by a Massachusetts civil professional engineer and a Massachusetts professional land surveyor and shall bear their signatures and seals.

(b)

The definitive plan shall be clearly and legibly drawn in black India ink or reproduced upon tracing cloth or mylar. The plan shall be at a scale of one inch equals 40 feet, or such other scale as the Board may authorize prior to submittal to show details clearly and adequately. Sheet sizes shall be 24 inches by 36 inches. If multiple sheets are used, they shall show each lot in its entirety on one sheet, and shall be accompanied by an index sheet showing the entire subdivision at a scale of one inch equals 200 feet.

(c)

If multiple sheets are used, composite plan sheets shall be separately submitted not exceeding 36 inches by 42 inches which shall depict all subdivision improvements on a single sheet. The composite plan sheets shall include an existing conditions sheet, a lot layout sheet, a grading, drainage, and utilities sheet and such additional sheets as may be required to clearly depict all subdivision improvements. The composite plan sheets are separate sheets intended to facilitate review and are not included in the tabulation of definitive plan sheets.

(2)

The definitive plan shall contain the following information:

(a)

The subdivision name, boundaries, North point, legend, date, text and graphic scales, and zoning districts.

(b)

The name and address of record owner, subdivider, the Massachusetts civil professional engineer and the Massachusetts professional land surveyor and their signatures and seals, and the names (and signatures and seals, if appropriate) of any other professionals responsible for the design.

(c)

The names of all abutters as they appear in the most recent certified tax list including property owners on the opposite side of any streets abutting the subdivision obtained from the Assessor's office within 30 days of the date of submission of the definitive plan.

(d)

Zoning district and overlay district designations and boundaries.

(e)

Existing and proposed lines of streets within and abutting the locus, 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 Selectmen.)

(f)

Sufficient data to determine the location, direction, and length of every street and way line, lot line, easement and boundary line and to establish those lines on the ground.

(g)

Existing buildings within and within 50 feet of the locus.

(h)

A minimum of three permanent benchmarks in proximity to but outside the area to be disturbed during construction of the subdivision improvements.

(i)

On applicable sheets, existing and proposed topographic features of land within and within 50 feet of the locus, land within the right-of-way of streets abutting the locus, and land within streets in reasonable proximity of the locus. Topographic features shall include structures, pavement, curbing, walkways, planting strips, street trees, physical features, walls, steps, tree lines, specimen trees twelve-inch caliper and larger, elevations, and contours at a two-foot contour interval.

(j)

On applicable sheets, surface-visible utilities.

(k)

On applicable sheets, all resource areas subject to the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) or the Town of Blackstone Wetlands Bylaw (§§ 119-1 to 119-15) including existing and proposed intermittent streams, perennial streams and rivers, riverfront zones, ponds, areas subject to flooding, vegetated wetlands, and one-hundred-foot buffer zone around wetlands. Resource areas shall be established by an order of resource area delineation or notice of intent or by qualified professionals to include a Massachusetts civil professional engineer and a professional wetland scientist or other comparably qualified professional and where applicable shall be located by field survey of field flags and markings.

(l)

On applicable sheets, the one-hundred-year floodplain as indicated on the current edition of the Flood Insurance Rate Map of the Town of Blackstone.

(m)

The location of all permanent monuments, properly identified as to whether existing or proposed.

(n)

Lot numbers enclosed in a circle, and street numbers enclosed in a square.

(o)

On each sheet of the definitive plan, suitable space to record the action of the Board and the signatures of the members of the Board, and the Town Clerk's certification.

(p)

Certification by the preparers of the plan that the plan and supporting materials were prepared under their direction, and have been designed in compliance with all applicable zoning and subdivision regulations.

(q)

Certification by an attorney that submittal of the plan by the applicant has been agreed to by owners of all of the land included in the Plan.

Street plans and profiles. For each street there shall be a separate plan at one inch equals 40 feet, and profile at one inch equals 40 feet horizontal, one inch equals four feet vertical, showing the following data:

(1)

Plan:

(a)

Exterior lines of the way, with sufficient data to determine their location, direction, bearing, and length.

(b)

Road center line stationing, pavement, baseline data including curve data, curbing, and walks.

(c)

All resource areas subject to the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) or the Town of Blackstone Wetlands Bylaw (§§ 119-1 to 119-15).

(d)

Existing and proposed drainage and utility systems including lines, structures, and appurtenances including hydrants and gate valves.

(e)

Location of proposed streetlights.

(2)

Profile:

(a)

Existing center-line profile to be shown as a fine, continuous line, the existing right sideline shall be shown as a light dashed line, and the existing left sideline shall be shown as a dotted line. The existing center-line profile for intersecting streets shall be shown for at least 100 feet each side of the intersection of street center lines. Elevations shall be based on North American Vertical Datum of 1988 (NAVD 88).

(b)

Proposed center-line profile to be heavy, continuous line, with elevations shown every 50 feet. Vertical curves shall be depicted with elevations shown every 25 feet and with vertical curve data shown including the station and elevation of the point of vertical curvature (PVC), the point of vertical tangency (PVT), the point of vertical intersection (PVI), the algebraic difference of the intersecting grades in percent, and the design speed.

(c)

All sewer and drainage facilities to be shown on the profiles indicating existing and proposed pipes (including the diameter, pipe material, and class of pipe), slopes and rim and invert elevations and on the street plans, showing pipe location and diameter and location and type of sewer and drain structures.

Environmental analysis. A comparative environmental analysis shall be submitted for any subdivision creating frontage potentially allowing more than 10 dwelling units, and in other cases where the Board determines it appropriate in light of special circumstances. The scope of such analysis, including development alternatives to be compared and consequences to be studied, shall be as agreed to by the Planning Board but will normally be required to include at least one major alternative to the plan proposed, with as much of the following information as determined by the Planning Board to be necessary for plan evaluation. The analysis shall be prepared by an interdisciplinary team to include but not be limited to a civil engineer and an architect or landscape architect, unless otherwise agreed to by the Planning Board. The analysis shall indicate differences among alternatives regarding:

(1)

Impact upon ground and surface water quality and quantity including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the development. For subdivisions located in whole or in part within Water Resource Districts as may be established in the Zoning Bylaw, [3] this shall include analysis of open and closed drainage system alternatives, examining effects upon the basin water budget and upon the future contaminant levels.

[3]

Editor's Note: See Ch. 123, Zoning.

(2)

Impacts upon important wildlife habitats, outstanding botanical features, scenic resources, and historical resources.

(3)

Impacts of erosion, siltation, and soil stabilization based upon the capability of soils, vegetative cover and proposed erosion control efforts to support proposed development.

(4)

Impacts upon resource areas subject to the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) or the Town of Blackstone Wetlands Bylaw (§§ 119-1 to 119-15).

(5)

Impacts upon the existing water supply and distribution system and water supply well capacity, dependable yield, and authorized withdrawal permits.

(6)

Impacts on vehicle operations and safety including measurement of stopping sight distance and intersection sight distance at each location where subdivision streets intersect existing streets, impacts of trips generated by the proposed subdivision on intersection levels-of-service, and safety impacts owing to limited sight distances, crash rate, alignment or other characteristics of access roads. The traffic study area shall include all locations where subdivision streets intersect with existing street and any street whose traffic volume is increased by more than 100 vehicle trips per day. Alternatively, the Planning Board may establish the limits of the traffic study area upon request of the applicant.

Performance guaranty.

(1)

Form of guaranty. 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 regulation, and shall provide security to 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), or by posting bond or other security which the Town can utilize in the event that the improvements are not completed within two years, or by some combination of these. Such security shall provide, among other things, that no structure shall be occupied until streets or ways serving such structures have been surfaced with at least the binder course and berms, and any drainage facilities, utilities, streetlighting required to serve access to such structures have been installed and placed in operation.

(2)

Security amount. If completion is secured by bond or deposit, the amount shall be determined by the Board to cover:

(a)

The cost to the Town should it be obliged to install the required improvements.

(b)

Maintenance for one year.

(c)

Inflation over the time allowed for completion of work.

(d)

Twenty-five-percent contingency.

(3)

Release of guaranty. The Board may grant partial release from such security for partial completion of improvements, if it determines 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 record plans § 191-14G have been received and until full compliance with all provisions of (§ 191-15B) is documented.

Review by Board of Health. The Board of Health shall report to the Planning Board in writing its approval or disapproval of the plan, and in the event of disapproval, shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without injury to the public health and include specific findings and the reasons therefore in such report and, where possible, shall make recommendations for the adjustment thereto. Such Health Board or officer shall send a copy of such report, if any, to the person who submitted said plan. Any approval of the plan by the Planning Board shall then only be given on condition that no building or structure shall be built or placed upon the areas designated without written consent of the Board of Health and shall endorse on the plan such condition, specifying the lots or land to which said condition applies.

Public hearing. Before approval of the definitive plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Board by advertisement in a newspaper of general circulation in the Town, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing. A copy of said notice shall be mailed to the applicant, and via certified mail to all owners of land abutting upon the subdivision as appearing in the most recent tax list.

Decision.

(1)

After the public hearing, the Board in due course will approve, modify and approve, or disapprove the definitive subdivision plan submitted. Criteria for action by the Board shall be the following:

(a)

Completeness and technical adequacy of all submissions.

(b)

Determination that development at this location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible natural disasters, traffic hazard or other environmental degradation.

(c)

Conformity with the requirements of Article IV.

(d)

Determination, based upon the environmental analysis (where 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.

(e)

Access adequacy as provided at § 191-6.

(f)

Conformity with all applicable zoning requirements.[4]

[4]

Editor's Note: See Ch. 123, Zoning.

(g)

Consistency with the purposes of the Subdivision Control Law.

(2)

Notice of such action, or of an agreed extension of the time for such action, must be provided by the Planning Board to the Town Clerk within 90 days following the date of submission of the plan if the plan follows action on (or failure to act on the preliminary plan within 45 days of submission) a preliminary plan, or 135 days following the date of submission in cases where no preliminary plan was submitted except where an extension of time for action is granted by the Planning Board upon request of the applicant.

Certificate of approval. The action of the Board in respect to such plan shall be by vote of a majority of the seated Board, copies of which shall be certified and filed with the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its action. 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 prints thereof. Final approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.

Computer files. Following final action by the Board for any plan prepared using CAD software, the applicant shall submit, within 20 days of approval, computer files of the definitive plan including all information contained in the lot layout sheets, street plan and profile sheets, grading and drainage sheets, and utility sheets. The computer files shall be in AutoCAD or other common computer program format and shall comply with content, datum, coordinate system, layering, format and other requirements of the Blackstone DPW or Blackstone Graphic Information System.

[2]

Editor's Note: Form C is included at the end of these regulations.

[3]

Editor's Note: Form C is included at the end of these regulations.