A.
A definitive plan of a subdivision must be submitted to the Planning Board, copies of which shall be forwarded to the Conservation Commission, and the Department of Public Works for approval. Under MGL c. 41, § 81U, the applicant must also file a copy with all pertinent soil information with the Board of Health.
B.
A definitive plan shall be governed by the subdivision regulations in effect at the time of submission or in effect at the time of submission of a preliminary plan, provided that a definitive plan that has evolved from a preliminary plan shall have been submitted to the Planning Board within seven months from the date of submission of the preliminary plan.
C.
A definitive plan shall also be governed by the zoning in effect at the time of submission of such plan or a preliminary plan from which a definitive plan is evolved, in accordance with the provisions of MGL c. 40A, § 6, as amended.
A.
The applicant shall submit 10 copies of the definitive subdivision plan and Application Form C (see Appendix A)[1] to the Planning Board, together with all other information and documentation, such as plans, reports, maps and cross sections, as required in these rules and regulations. In accordance with MGL c. 41, § 81U, the applicant shall file two copies of the plan directly with the Board of Health, along with other necessary information and documentation. The filing of the definitive subdivision plan shall also include a copy of any order of conditions relative to the definitive plan which may have been issued under the Massachusetts Wetlands Protection Act. The Planning Board may require more copies if necessary for other agencies to review.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
At the time of submission, a fee, in accordance with the Fee Schedule (see § 270-67), shall be paid by the applicant to cover the costs of handling and reviews. Expenses for advertising the public hearing will be paid by the applicant, as well as plans, surveys or inspections in excess of the set fee. Expenses for the town's engineering review will be paid by the applicant.
C.
The applicant shall submit the definitive plan to the Planning Board either by delivery at a regular or special meeting of the Board, by delivery to the Town Planner, or by delivery or registered mail, postage prepaid, addressed to the Planning Board. In each case, written notice (a copy of Form C)[2] shall be filed by delivery or registered mail, postage prepaid, with the Town Clerk. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt thereof.
[2]
Editor's Note: See Appendix A at the end of this chapter.
D.
Receipt by the Planning Board, or date of mailing of such notice and such documentation as may be required by these rules and regulations, shall constitute the effective date of submission.
E.
The applicant must submit proof of ownership or authorization from the owner of the land to be subdivided.
The definitive plan shall have the seal of a Massachusetts registered land surveyor and registered professional engineer, if applicable, and shall be clearly and legibly drawn in black ink on Mylar and submitted in print form. Prior to endorsement but after approval, the approved definitive plan must also be submitted in electronic form according to § 270-32C(5). The plan shall be at a maximum scale of one inch equals 40 feet, unless otherwise specified by the Planning Board, and of a sheet size not to exceed 24 inches by 36 inches outside dimensions. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision, and all plans, layouts, cross sections and profiles and the application shall be deemed to constitute the definitive plan.
A.
The definitive plan shall contain the following information:
(1)
The subdivision name, which shall be the same as the name of the primary street in the subdivision and which may not resemble other street names too closely in the judgement of the Planning Board; North arrow, indicating whether true, grid, or magnetic and noting the latest recording date of magnetic North; date; scale; legend; and the title "Definitive Plan."
(2)
The names and addresses of owners of record, the applicant, and the registered land surveyor, and engineer, if applicable, and official seals and signatures. Certification that all surveying conforms to the technical standards for property surveys of the American Congress of Surveying and Mapping shall appear on the plan.
(3)
Names and correct locations of all abutters, indicating limits of contiguous boundaries, and all owners of land separated from the subdivision only by a street. This must agree with the Assessors' list as of the date of submission of the definitive plan.
(4)
Existing and proposed lines of streets, pavement widths, rights-of-way for utilities, sewer, drainage, and water lines, lots, easements, and any public or common areas within the subdivision. (Proposed names of streets shall be indicated in a temporary manner until these have been approved by the Planning Board).
(5)
Any previously subdivided lots conveyed out of the parcel, whether by deed, formal subdivision process, or through "approval not required" plan procedures.
(6)
Location, names, and present widths of adjacent streets approaching or within a two-hundred-foot proximity of the subdivision, and street intersections and driveways within 200 feet of the subdivision boundaries.
(7)
The location, dimensions, and purpose of all existing and proposed easements within, abutting, or extending from the subdivision. The purpose of any proposed easements, limitations, or restrictions shall be described fully.
(8)
Location and names of natural waterways, water bodies, and wetlands subject to control under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and procedures outlined in 310 CMR 10.00 et seq., as amended, within the subdivision and within 100 feet of the subdivision boundaries, including water surface elevations.
(10)
Location of all special flood hazard areas as determined from Flood Insurance Rate Maps, designated as Zones A and A1-A30, for the Town of Belchertown.
(11)
Locations of groundwater aquifer recharge areas, and soil types.
(12)
Locations of other significant natural and artificial site features, including existing stone walls, paths, fences, buildings, orchards, agricultural fields, culverts, wetland resource areas, areas designated by the Natural Heritage Endangered Species program as containing rare species or priority habitat, large trees, and rock outcroppings.
(13)
Boundary lines and dimensions of all proposed lots and lot areas in square feet and acres, with all lots designated alphabetically.
(14)
Sufficient data, including lengths, bearings, radii, tangent distances, and central angles, to determine the exact location, direction, and length of every street and way line, lot line, and boundary line, and to establish these lines on the ground.
(15)
Location of all permanent monuments and benchmarks properly identified as to whether existing or proposed. Existing monuments found and held to locate the lands to be subdivided shall be shown. Concrete bounds shall be shown as "to be set" at all original property corners, and at existing and proposed points of curvature and points of tangency. All other existing or proposed property corners shall be marked with iron monuments approved by the Planning Board.
(16)
Suitable space to record the action of the Planning Board and the signatures of the members of the Planning Board on each sheet of the definitive plan.
(17)
Where the applicant elects to secure completion of the required improvements by covenant (rather than by a performance guarantee), there shall be a notation above such space as follows: Approved (date) ________________ subject to covenant conditions set forth in a covenant executed by (developer) ________________ dated (date) _____________ and to be recorded in the Hampshire Registry of Deeds. This approval is hereby invalidated if not recorded at the Hampshire Registry of Deeds within 21 days of the above date.
(18)
A locus plan of the subdivision at a scale of one inch equals 400 feet showing the subdivision's boundary, and the exterior lines of the subdivision's proposed streets and their exact location in relation to two or more existing streets.
(19)
A sketch plan of the applicant's contiguous unsubdivided land, showing possible or contemplated development and street layout.
(20)
Existing and proposed topography (sufficiently differentiated) with two-foot contour intervals, unless the Planning Board agrees that the natural surface of the ground may be adequately represented with larger intervals or by figures of elevation. The existing and proposed topographical information presented shall be sufficient to define the grading of each proposed street and lot.
(21)
A street layout plan on a separate sheet, 24 inches by 36 inches, for each street in the proposed subdivision showing exterior lines, roadway lines, partial lot lines, curb lines, intersection angles, points of tangency, and radii of curves. Also included on the street layout plan shall be the location, size, type of construction, elevations, and invert sizes of all pipes and conduits of the:
(a)
Water supply system, including pumps, valves, stubs, wells, gates, hydrants, and similar equipment.
(b)
Storm drainage system, including manholes, pipes, culverts, catch basins, and appurtenant structures.
(c)
Public sanitary sewerage systems, including piping, manholes, pumps, community septic tanks, and appurtenant equipment.
(d)
Underground utility systems, including conduits, manholes, junction boxes, and appurtenant structures.
(22)
A profile on the same sheet located directly below or above and coordinated with the street layout plan indicating existing profiles on the exterior and center lines (using lightweight lines), and proposed profiles on the center line (using heavyweight lines) of each proposed street, at a maximum stationing of twenty-five-foot intervals, and at a vertical scale of one inch equals four feet and a horizontal scale of one inch equals 40 feet. All elevations shall refer to National Geodetic Survey mean sea level datum.
(a)
Profiles shall show existing and proposed street grades, rates of gradients in percentages, ground and proposed elevations at center line of each twenty-five-foot station, high and low points, curve lengths and PVC (points of vertical curvature) and PVT (points of vertical tangency) stations. Grades of intersecting streets and ways shall be clearly indicated.
(b)
A profile shall show the vertical locations of existing and proposed storm drainage, sanitary sewer lines, water mains, and underground utilities; slopes of all storm drains, sanitary sewer lines, water mains, and utility lines; and invert and rim elevations of each manhole or catch basin, and such structures shall be identified by number and type of materials proposed to be used.
(23)
A typical cross section for the full width of the right-of-way shall be shown in accordance with the typical cross section illustrated in Appendix B,[1] showing foundation material, wearing surface, crown, and width of traveled way, curbing or berming, grass strips, sidewalks, side slope transitions to the existing or finished grade, underground utility locations, etc.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(24)
Construction details for catch basins, erosion control, manholes, headwalls and retaining walls, etc.
(25)
Proposed layout and design of any and all parks, pools or similar community improvements and any area proposed for open space, public or private, including all water, drainage and electrical layouts, if any, designed to serve such community improvements.
(26)
Location of all existing wells and septic systems within 200 feet of the proposed subdivision.
(27)
Any other conditions or pertinent information required by the Planning Board.
B.
The following statements shall appear on all plans:
(1)
Planning Board approval shall be deemed revoked two years following the date of endorsement in all cases when the construction of ways and installation of municipal services has not been completed or when the applicant, or the applicant's agents or assigns, has failed to meet any condition of said approval, unless such time is extended, in writing, between the applicant, or the applicant's agents or assigns, and the Planning Board in accordance with § 270-32F of the Subdivision Regulations.
(2)
The Subdivision Regulations of the Town of Belchertown are a part of this plan.
(3)
This plan shall be deemed revoked if recorded more than six months following the date of endorsement.
A.
Where sewage disposal is to be by individual on-site sewage disposal systems, no person shall install such an individual sanitary sewage disposal system except in adherence with the requirements and regulations of:
B.
Failure of the Board of Health to report to the Planning Board within 45 days after receipt of a definitive plan shall not exempt the proposed plan from the regulations established pursuant to the Massachusetts Sanitary Code, Title V, of the Department of Public Health, the Belchertown Board of Health, or the Belchertown Conservation Commission.
C.
The applicant for definitive subdivision shall submit preliminary soil logs and percolation data performed by a professional engineer or registered sanitarian for review if the area is proposed for individual on-site sewage disposal.
D.
Upon review of the proximity of public sewer, soil logs, and other information, the Board of Health, at its discretion, may require the subdivision to be connected to the public sewer system. Generally, if a public sewer system is within 1,000 feet of the subdivision, the applicant must connect the subdivision to the public sewer system. The Board of Health is the final authority on sanitary sewer requirements; the Planning Board cannot grant waivers on the Board of Health's requirements.
In accordance with MGL c. 131, § 40, no person shall remove, fill, dredge, or alter any bank, fresh water wetland, beach, dune, flat marsh, or swamp bordering on any existing creek, river, stream, pond, lake, or any land under said waters without first filing written notice of intention to perform such work with the local Conservation Commission and state Department of Environmental Protection, and receiving an order of conditions. Any work, which includes building construction, removal of vegetation, grading, or excavation, that occurs within 100 feet of a wetland resource area or within 200 feet of a perennial stream or river requires that an application be filed with the local Conservation Commission for review. A permit is required from the Conservation Commission for work in these regulated areas, under the Massachusetts Wetlands Protection Act and Regulations 310 CMR et seq., and the Belchertown Wetlands Bylaw.
A.
Failure of the Conservation Commission to report to the Planning Board within 45 days after receipt of a definitive plan shall not exempt the proposed plan from wetland regulations pursuant to MGL c. 131, § 40.
B.
All requirements of local, state, and federal agencies having jurisdiction in wetland issues, such as the Belchertown Wetlands Protection Bylaw; the Massachusetts Department of Environmental Protection's regulations governing wetlands and waterways (MGL c. 91); the Water Pollution Control Division's Water Quality Certification; the Executive Office of Environmental Affairs' MEPA requirements; and the Army Corps of Engineers, shall be satisfied.
Due regard will be given by the Planning Board for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning bylaws; for securing adequate provision for water, sewerage, drainage, underground utility services, fire, police, and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in Belchertown and, if applicable, adjoining towns, and with the ways in neighboring subdivisions. The School Committee may offer opinions regarding school bus access and safety. The Planning Board may request, at the developer's expense, a traffic study, to be reviewed by the Town Engineer, that will demonstrate the effects the proposed subdivision may have on surrounding public ways. (See § 270-26.) When the physical condition or width of a private or public way from which a subdivision has its access is considered by the Planning Board to be inadequate to carry the traffic expected to be generated by a subdivision, the Board may require the applicant to make physical improvements to and within the public way, except for any state highway. The Planning Board may seek the opinions of the Town Engineer, Director of Public Works, Fire Department, School Committee, owners of land abutting the public way, and anyone else it deems appropriate to determine its requirements for improvements to existing ways. Such improvements may include a requirement to dedicate land abutting the subdivision frontage for the purpose of widening the public way to a width as great as that required within the subdivision. Any such dedication of land for the purpose of widening the public way and any such work performed within such public way shall be made only with permission of the governmental agency having jurisdiction over such way. Such improvements may also include physical improvements to and within the public way to the same standards required within the subdivision. All costs of any such widening or construction shall be borne by the applicant.
For every subdivision the developer must provide a traffic analysis prepared by a registered traffic engineer. This report must bear the traffic engineer's stamp and detail the number of vehicle trips generated per day, and how traffic will affect the surrounding road network. This analysis must conform to all current ITE standards.
A.
To ensure the protection of the general public against any possible harm to natural resources or other significant components of community welfare by development, an environmental analysis is required for every proposed subdivision.
B.
The environmental analysis must be conducted by an interdisciplinary team, to include at least a civil engineer, a landscape architect, and a wetland scientist. Experts in other fields may also be part of the team.
C.
Matters of environmental concern may include, but are not limited to, the destruction of wildlife corridors or habitat, potential damage to water supply through percolation or runoff, erosion, alteration of wetland capacities, damage to historical and archaeological sites, an increase in traffic substantially reducing the level of service and safety of existing public ways, or other matters the Planning Board may deem necessary for more extensive analysis. The scope of the analysis must identify the best approaches to minimize damage and must cover the following issues:
(1)
A statement by a professional in the field of concern, such as a hydrogeologist, wildlife biologist, archaeologist, traffic engineer, or other qualified professional, as to material effects upon important wildlife habitats, hydrological system, outstanding botanical features, vehicular traffic on neighboring streets, and scenic or historic environs.
(2)
Analysis of groundwater and surface water quality and levels, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, toxic wastes, storage of petroleum products, and other activities within the subdivision. For all subdivisions located in whole or in part within the Aquifer Protection District described in the Belchertown Zoning Bylaw, this shall include analysis of open and closed drainage system alternatives, examining effects upon the basic water budget, and examining effects upon the speed of transport of contaminants.
(3)
Analysis of the capability of soils, vegetative cover, and proposed erosion control efforts to support proposed development without danger of erosion, silting, or other instability.
(4)
Demonstration of the adherence of the development to the requirements of MGL c. 131, § 40, the Massachusetts Wetlands Protection Act, and the Town of Belchertown Wetlands Bylaw.
(5)
Description of the potential depletion or damage to the existing water supply and distribution systems and well capacity of the town.
(6)
The environmental analysis should include a description of how the development of the subdivision may alter the appearance of the landscape from external vantages, including the appearance of the altered landscape from public ways and abutting properties, and should identify means of mitigating this damage.
(7)
Any other information requested by the Planning Board.
Any proposed subdivision shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of an area proposed to be developed is located within a Floodplain District established under Chapter 145, Zoning, it shall be reviewed to assure that:
A.
The proposal is designed to minimize flood damage;
B.
All utilities and public facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to avoid flood damage;
C.
Adequate drainage systems shall be provided to reduce exposure to flood hazards;
D.
Base flood elevation (the level of the one-hundred-year flood) data shall be provided for all proposals for that portion within the Floodplain District; and
E.
The applicable requirements of the Wetlands Protection Act, MGL c. 131, § 40, are satisfied.
A.
All subdivision designs must meet the following nine stormwater management standards. When one or more of the standards cannot be met, an applicant may demonstrate that an equivalent level of environmental protection will be provided.
(1)
No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or waters of the Commonwealth of Massachusetts.
(2)
Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates.
(3)
Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge from the pre-development or existing site conditions, based on soil types.
(4)
For new development, stormwater management systems must be designed to remove 80% of the average annual load (post-development conditions) of total suspended solids. It is presumed that this standard is met when:
(a)
Suitable nonstructural practices for source control and pollution prevention are implemented;
(b)
Stormwater management best management practices (BMPs) are of adequate size to capture the prescribed runoff volume; and
(c)
Stormwater management BMPs are maintained as designed. "To the extent practicable" means the applicant has made all reasonable efforts to meet the standards, including evaluation of alternative BMP designs and their locations.
(5)
Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs. The use of infiltration practices without pretreatment is prohibited.
(6)
Stormwater discharges to critical areas must use certain stormwater management BMPs approved for critical areas. Critical areas are outstanding resource waters (ORWs), shellfish beds, swimming beaches, cold water fisheries, and recharge areas for public water supplies.
(7)
Redevelopment of previously developed sites must meet the stormwater management standards to the maximum extent practicable. If it is not practicable to meet all of these standards, new (retrofitted or expanded) stormwater management systems must be designed to improve existing conditions.
(8)
Erosion and sediment controls must be implemented during construction.
(9)
All stormwater management systems must have an operation and maintenance plan to ensure that systems function as designed.
B.
The subdivider shall furnish projections of the increase of stormwater runoff created by the proposed development from the two-year, ten-year and one-hundred-year frequency twenty-four-hour duration Type III distribution storms, as computed in accordance with the current edition of Technical Release No. 55, or Technical Release No. 20, Urban Hydrology, Engineering Division, Natural Resource Conservation Service, United States Department of Agriculture, January 1975, as amended. If the drainage system includes hydrograph routing an appropriate method such as Technical Release No. 55 or Technical Release No. 20 shall be used. All storm drainage calculations must be designed by a civil engineer licensed in Massachusetts. The following data shall be submitted for review by the Town Engineer or the Board's designated agent:
(1)
No increase in the peak flows from the storms referred to in §§ 270-40 and 270-42 of these regulations shall be allowed unless downstream increases are compatible with an overall floodplain management system. The following items should be considered in determining whether increased peak flows are compatible with an overall floodplain management system:
(2)
Topographic contour maps showing pre- and post-developed drainage area(s) tributary to all portions of the site.
(3)
(4)
When stormwater detention structures are proposed, they shall be designed so that peak runoff after development shall not exceed, nor be substantially less than, the peak runoff prior to development for each of the storm events referred to in §§ 270-40B(1)(e) and 270-42C of these regulations. The structure(s) shall be designed and constructed in accordance with good engineering practice and the requirements of §§ 270-40 and 270-42. The basin(s) shall be designed for easy access for maintenance purposes and be provided with safety measures as needed. The following information is to be provided for detention structures:
(a)
Inflow and outflow hydrographs for the detention area;
(b)
Maximum storage volume;
(c)
Design of spillway or other measures for release of excess flows beyond that of the design capacity of the structure;
(d)
Flood routing of all runoff greater than the design capacity of the detention facility;
(e)
Time which is required for the facility to drain completely;
(f)
Materials used in the construction of the facility;
(g)
Method employed to avoid clogging the discharge mechanism;
(h)
Safety measures; and
(i)
Proposed landscaping and vegetative measures used to stabilize slopes and bottom surfaces.
(5)
The construction of all permanent stormwater control structures should be done so to ensure the proper management of stormwater and the control of sedimentation during construction. Temporary stormwater controls shall be constructed or installed if necessary before the permanent structures are complete. This shall be consistent with any erosion controls required by the Conservation Commission and Department of Public Works according to § 270-41E, Erosion control and bank stabilization during construction.
(6)
Apart from the area for roads and the stormwater system, there shall be no exposed and unstable soil, unless specifically authorized by the Planning Board upon recommendation from the Conservation Commission and Department of Public Works.
A fire protection agreement with the Belchertown Fire Department shall be signed by the applicant and filed with the Planning Board. The agreement shall meet the standards on water supplies for suburban and rural fire fighting as outlined in 1-3.1 of the National Fire Protection Association 1142 1999 Edition: "The requirements of Chapters 5 (Calculating Minimum Water Supplies) and 6 (Water Supply) shall be performance-oriented and shall allow the authority having jurisdiction the option to specify how these water supplies are provided, which gives consideration to local conditions and need." If hydrants are to be connected with any municipal water supply, an agreement must be signed by the applicant and the appropriate water district. If any fire ponds are to be constructed, the Belchertown Fire Chief and the Conservation Commission must approve of the ponds' design. An agreement with the Belchertown Fire Department and the Belchertown Conservation Commission to maintain all fire ponds must be provided before approval of the definitive subdivision plan.
The Planning Board may disapprove of a subdivision plan where, in the opinion of the Planning Board after consulting with other town offices and the Town Engineer, the existing surrounding municipal infrastructure, such as street width and construction, bridge capacity, sanitary sewer, public water, storm sewer, and fire protection, is insufficient or incapable of handling the additional volumes of traffic, sewage, stormwater, or other demands to be generated by the project.
A.
Review by the Board of Health as to suitability of land. At the time of filing the definitive plan, the applicant shall also file with the Board of Health two prints of the definitive plan, together with other necessary documents and reports. The Board of Health shall report to the Planning Board, in writing, its approval or disapproval of the plan. If the Board of Health disapproves the plan, it shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health. The Board of Health shall include its specific findings and reasons for disapproval in its report and, where possible, shall make recommendation for the adjustment of the plan. Any approval of the plan by the Planning Board shall only be given upon condition that the designated lots or land shall not be built upon or served with any utilities, such as septic tanks, and drainage, without prior consent of the Board of Health. The Planning Board shall write the Board of Health's conditions on the plan and may stamp unapproved lots as "Not A Building Lot."
B.
Public hearing. Before approval, modification and approval, or disapproval of a definitive plan is given, a public hearing shall be held by the Planning Board. The public hearing shall be conducted according to MGL c. 41, § 81T. Notice of the time and place of the public hearing and of the subject matter sufficient for identification shall be given by the Planning Board, at the expense of the applicant, by advertisement in a newspaper of general circulation in the Town of Belchertown once in each of two successive weeks, the first publication being not less than 14 days before the date of such hearing. A copy of said notice shall be mailed to the applicant and to all owners of land abutting upon the land included in the subdivision plan as shown on the most recent tax list. The applicant and any representative of the applicant should attend the hearing.
C.
Approval, modification or disapproval.
(1)
Review time.
(a)
Nonresidential subdivision for which the Planning Board has acted on a preliminary plan, or after 45 days following submission of the preliminary plan where the Planning Board has not acted thereon: ninety-day review period from the date of filing of the definitive plan or such later time as may be agreed upon between the applicant and Planning Board. Any such agreement must be filed with the Town Clerk.
(b)
Residential subdivision for which the Planning Board has acted on a preliminary plan, or for which the forty-five-day review period for the preliminary plan has elapsed without action: ninety-day review period from the date of filing of the definitive plan, or such later time as may be agreed upon between the applicant and Planning Board. Any such agreement must be filed with the Town Clerk.
(c)
Residential subdivision where no preliminary plan has been filed, or where a preliminary plan has been submitted but before the forty-five-day review period has elapsed: one-hundred-thirty-five-day review period from the date of filing of the definitive plan, or such later time as may be agreed upon between the applicant and Planning Board. Any such agreement must be filed with the Town Clerk.
(2)
The following information is required prior to the approval of a definitive plan for subdivision:
(a)
Statement from the Town Engineer or other agent appointed by the Planning Board that proposed new roads and drainage conform to these regulations.
(b)
Applicant's estimated cost to install the proposed public improvements, to include the road, drainage facilities, sewer and water facilities, underground utilities, and other public facilities, such as playgrounds, park areas, and any other improvements necessary to complete the subdivision substantially as designed.
(c)
Easements and rights-of-way over property to remain in private ownership.
(d)
Necessary drainage rights onto or across private property.
(e)
Documentation detailing the method of maintenance of proposed private roads, dedicated open space, and other required improvements.
(3)
Planning Board vote. After the required public hearing, but within the number of days from the date of submission noted in Subsection C(1)(a) through (c), the Planning Board shall approve, modify and approve, or disapprove the definitive plan. The action of the Planning Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by registered or certified mail to the applicant. Subdivision approval can only be granted by an affirmative vote by the majority of the Planning Board, not only a majority of the quorum. Any vote with less than three members voting to approve the subdivision plan is a denial of the subdivision plan. Any Planning Board member who was not present for the entire public hearing may not vote on the definitive subdivision plan.
(4)
Amended plan. If a definitive subdivision plan is disapproved by the Planning Board in accord with Subsection C(3), the applicant may submit a new application amended to conform to the rules and regulations and/or the Board of Health recommendations upon which the disapproval was based. The following shall apply:
(a)
The applicant shall provide the Board with 12 copies of the amended plan and a fee in accordance with § 270-67 for filing a modification of subdivision plans;
(b)
Before approval, modification and approval, or disapproval of an amended plan, a public hearing shall be held by the Planning Board in accord with Subsection B of this section;
(c)
The Planning Board shall review the submitted amended plan and, after the required public hearing, shall approve, modify and approve, or disapprove the amended plan in accord with Subsection C(3) of this section;
(d)
The action of the Planning Board in respect to an amended plan shall be limited to a determination of whether or not the applicant has addressed, on the submitted amended definitive subdivision plan, those items which were found to be incomplete or incorrect on the original disapproved definitive subdivision plan;
(e)
A disapproved amended definitive subdivision plan may be amended in accord with this Subsection C(4); and
(f)
The full cost of any town engineering or planning consultant services shall be paid by the applicant before any corrected plan is endorsed by the Planning Board.
(5)
Digital submission of plans. Prior to endorsement of the definitive plan, a copy of the approved definitive plan must be submitted in a digital (electronic) format consistent with the town's geographic information system, or GIS. The applicant shall submit the approved version of the plan on three-and-one-half-inch diskettes, Iomega zip disc, or CD-ROM. The electronic plan will be reviewed for its content and ability to meet the town's GIS standards. Failure to submit these data in electronic format or to meet the standards below will delay the Planning Board's endorsement until acceptable digital plans are provided. Specific standards required include:
(a)
All digital mapping data must be delivered in a standard geographic coordinate system. The coordinate system employed by the town's GIS is Massachusetts Mainland Zone horizontal datum of NAD83 (state plane units feet), and a vertical datum of NGVD88.
(b)
All digital data must be delivered in one of the following formats: AutoCAD dwg format, AutoCAD dxf format, ArcView shapefile format, or Arc/Info e00 format.
(c)
All data must be topologically clean, meaning that polygons are closed and lines connect at nodes. Features that naturally connect (i.e., driveways to roads, parcel lines to roads and water features, etc.) must connect seamlessly. If the digital information provided is tiled across multiple sheets, the abutting edges of each sheet must precisely match along the join lines.
(d)
All digital line work must be developed as continuous lines and rendered using line types/styles (i.e., dashed lines, etc). Continuous lines that have been broken to appear dashed are not acceptable.
(e)
All text in the AutoCAD files must appear on top of other features and stored in separate layers. In the digital file, those features under the text should not be erased in order to make text clearer.
(f)
All features must be thematically organized in the CADD or GIS data structure. Having all features in a single CADD layer or GIS file is not acceptable.
(g)
Documentation of the data format must be provided and a complete list of all layer names with descriptions. If multiple files are delivered, each must be documented with a complete description of its purpose. All documentation must be provided in Microsoft Word format or ASCII text format, and shall be included on the electronic media containing the electronic plan data.
(h)
Documentation must be provided on the method used to gather the data, an estimation of the horizontal and vertical accuracy, and the date of data capture.
D.
Endorsement.
(1)
An approved plan shall not be endorsed until after the mandatory twenty-day appeal period has elapsed as certified by the Town Clerk, or after issuance of a final decree of the court sustaining the approval of such plan, if appealed, and not until the applicant has:
(a)
Posted the necessary performance guarantee(s), or placed sufficient lots under covenant;
(b)
Made the necessary corrections on the plan if conditional approval was given or modification required;
(c)
Delivered one set of the Mylar originals of the plan (for recording at the Hampshire Registry of Deeds) and three copies of the definitive plan if no corrections were necessary;
| [Note: If corrections were required by the Planning Board, seven prints shall be delivered.] |
(d)
Submitted the approved plan in the required digital format;
(e)
Caused to be executed in a form acceptable to the Town Counsel all deeds of easements, as shown on the plan or required by the Planning Board, and submitted such deeds and documents to the Planning Board; and
(2)
Failure of the applicant to meet any or all of the above requirements shall be full and sufficient reason to withhold endorsement.
(3)
If the applicant fails to submit the required guarantees or covenant agreement, easements, digital version of the approved plan, and other documentation, thereby delaying the endorsement of the plan by the Planning Board for more than six months, the Planning Board, on its own motion, may exercise its power to modify, amend, or rescind its approval of the subdivision plan.
E.
Performance guarantee. Before the Planning Board's endorsement of the approved definitive plan, as submitted or modified, the applicant shall agree to complete the required improvements as specified in Articles V and VI for all lots in the subdivision. Such construction and installation shall be secured by one, or in part by one and in part by another, of the methods listed in Subsection E(1), (2), (3) and (4). The method or combination of methods may be selected and, from time to time, varied by the applicant:
(1)
Approval with bond (Form F-1).[1] By a proper bond sufficient, in the opinion of the Planning Board, to secure the performance of the construction of ways and installation of municipal services required for the lots in the subdivision shown on the plan. The Planning Board may require that the applicant specify the time within which such construction shall be completed.
[1]
Editor's Note: See Appendix A at the end of this chapter.
(2)
Approval with money or negotiable securities (Form F-2, F-3 or F-4).[2] By a deposit of money or negotiable securities sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and installation of municipal services required for lots in the subdivision shown on the plan. The Planning Board may require that the applicant specify the time within which such construction shall be completed.
(a)
Savings passbook account made out to the Town of Belchertown and controlled by the Town Treasurer-Collector, with agreement from the bank that no withdrawal from the account shall be made without approval of the Planning Board (Form F-2).
(b)
Bank certificate (Form F-3).
(c)
Certified cashier's check or bank check (Form F-4).
[2]
Editor's Note: See Appendix A at the end of this chapter.
(3)
Approval with covenant (Form F-5).[3] By a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve a lot before such lot may be built upon and conveyed, other than by mortgage deed, provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to service such lot, and provided, further, that nothing herein shall be deemed to prohibit a conveyance by single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant, but not later than three years from the date of such deed.
(a)
Such a covenant shall be inscribed on the definitive plan or contained in a separate document referred to on the plan and delivered to the Planning Board. Form F-5 must be recorded in the Hampshire Registry of Deeds with the endorsed subdivision plan. Registry document numbers must be returned to the Planning Board.
(b)
When improvements, ways and services have been completed to the satisfaction of the Planning Board, the Planning Board will then authorize, in writing, on the appropriate form (see Appendix A),[4] a release of the conditions for recording in the Registry of Deeds, and the conditions relating to such lots shall terminate.
[4]
Editor's Note: Appendix A is included at the end of this chapter.
[3]
Editor's Note: See Appendix A at the end of this chapter.
(4)
Approval with lender's agreement (Form F-6).[5] By delivery to the Planning Board of an agreement executed after the recording of the first mortgage covering the premises shown on the plan, or a portion thereof, given as security for advances to be made to the applicant by the lender. The agreement shall be executed by the applicant and the lender and shall provide for retention by the lender of funds sufficient, in the opinion of the Planning Board and otherwise due the applicant, to secure the construction of ways and installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of work and shall further provide that in the event that the work is not completed within the time set forth by the applicant, any funds remaining undisturbed shall be made available for completion.
[5]
Editor's Note: See Appendix A at the end of this chapter.
(5)
Procedure. The applicant shall provide the Planning Board with a cost estimate, in a form prescribed by the Board (see Appendix A, Form G),[6] of the construction of ways, installation of municipal services, the construction of necessary drainage works, and the securing of wetlands protections as approved in the definitive plan.
(a)
The consulting Town Engineer or Director of Public Works may review this cost estimate and make recommendations to the Planning Board;
(b)
The Planning Board may modify the applicant's estimate and determine the amount sufficient as a performance guarantee by the Town Treasurer-Collector, based upon the Town Engineer's or Director of Public Works' recommendations; and
[6]
Editor's Note: Appendix A is included at the end of this chapter.
F.
Completion time schedule. Except when the subdivision is to be completed in phases, the approval of a subdivision plan by the Planning Board is for a two-year period. The Planning Board may require the developer to construct the project in phases. When phases are used, the entire project is to be reviewed, and if approved, approval will be for the entire subdivision development. Though approval is for the entire project, the developer may not proceed to a subsequent phase until the previous phase is complete. Each phase has two years to be completed. The total project approval is two years times the number of phases, not to exceed eight years total. Upon written request from the applicant, the Planning Board may, at its discretion, grant an extension of time. Such extension shall be made in the form of an agreement to be executed and affixed to the bond, lender's agreement, or covenant.
(1)
In the case of a surety company bond, such an agreement shall not be effective until the surety company delivers to the Planning Board a written statement that the surety company agrees to the alteration of the completion schedule, and that such alteration shall not relieve or affect the liability of the surety company.
(2)
In the case of a covenant, the Planning Board may grant final approval of the definitive plan conditional upon the completion of the construction of all ways and the installation of utilities within a specified time period from the date the covenant was endorsed by the Planning Board.
(3)
Failure to complete such improvements within the time period specified in the bond, lender's agreement, covenant, or other security, or in any written agreement for extension thereof shall automatically rescind approval of the plan.
G.
Increase of performance guarantee. If the specified subdivision improvements in accordance with Articles V and VI are not completed within two years of the date of the bond, deposit of money, lender's agreement or covenant, the Planning Board may require an estimate of the costs of the remaining work. The Planning Board may then increase the amount of the performance guarantee proportionately, and establish a new date for completion of the improvements. Failure of the developer to complete the improvements within the two-year approval period, or any extension thereof, shall not relieve the developer's obligation to pay for costs exceeding the amount specified in the performance guarantee to complete the improvements.
H.
Recording of plan. Within 21 days from the date of the Planning Board's endorsement of the definitive plan, the plan should be recorded in the Hampshire Registry of Deeds or in the Land Court. Failure to record the plan within six months of the date of endorsement constitutes an automatic rescission of the plan.
(1)
At the time of recording the endorsed definitive subdivision plan in the Hampshire Registry of Deeds, all public easements and covenants shall also be recorded. The originals must then be transmitted to the Planning Board to be filed with the Town Clerk.
(2)
Following receipt of notification of recording, the Planning Board shall file one print of the definitive plan with the Building Inspector, the Department of Public Works, the Board of Health and the Conservation Commission. In accordance with the Subdivision Control Law, the Building Inspector, if approval with covenant is noted or affixed to the plan, shall not issue any permit for construction of a building on any lot within the subdivision without receipt from the Planning Board of a copy of Form H (Certificate of Completion and Release of Municipal Interest in Subdivision Performance Security)[7] or certified statement releasing the lot(s) in question, such as Form F (Application for Partial Release and/or Exchange of Performance Guarantees or Covenants),[8] listing the lots which were released.
[7]
Editor's Note: See Appendix A at the end of this chapter.
[8]
Editor's Note: See Appendix A at the end of this chapter.
A.
Partial release. The subdivider may apply to the Planning Board for partial release of the performance guarantee. Release can be made only upon partial completion and installation of required improvements as specified in Articles V and VI of these rules and regulations when a bond or deposit of money is the performance guarantee. Upon application, the penal sum of any such bond, or amount of any deposit held, may, from time to time, be reduced by the Planning Board and the obligations of the parties of the performance guarantee released by the Board in whole or in part in accordance with the procedures expressed below.
B.
Procedures for full or partial release.
(1)
The applicant, upon completion of construction and installation of required improvements in a subdivision, may request a release of conditions or of a performance guarantee secured by a bond or a deposit of money, by:
(a)
Sending a written statement that the applicant has completed the construction and installation of ways and utilities covered by the performance guarantee by registered mail to the Planning Board and the Town Clerk, in accordance with Articles V and VI of these rules and regulations, and by filling out and filing three copies of Form F (Application for Partial Release and/or Exchange of Performance Guarantees or Covenants), Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(b)
Attaching to the written statement a completed inspection form and a certificate of performance (see Appendix A, Form G)[2] prepared by a registered civil engineer or a land surveyor at the applicant's expense, or the Director of Public Works. This document is to certify that all structures have been installed, and all requirements have been met as specified in these rules and regulations and in accordance with the approved plans.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Approval of release.
(1)
Before the Planning Board will release the interest of the town in a performance guarantee, the Planning Board shall:
(a)
Obtain, in writing, from those town officials designated by the Planning Board, a statement that all work required by these rules and regulations under the jurisdiction of the town has been inspected by them serving the lots in question, including streets, shoulders, sidewalks, storm drainage, bridges, sewers, curbs, etc., and that the method of construction and the materials used in performance of such work meet with their approval (Form G).[3]
[3]
Editor's Note: See Appendix A at the end of this chapter.
(b)
Obtain, in writing, a certificate from the Belchertown Water District certifying that the water supply system was installed in accordance with their rules and regulations, if applicable.
(2)
Upon the completion of the construction of ways and the installation of municipal services in accordance with the rules and regulations of the Planning Board, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the Town Clerk and the Planning Board a written statement that the said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with said rules and regulations, such statement to contain the address of the applicant. If the Planning Board determines that said construction or installation has been completed, it shall release the interest of the town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged, which may be recorded. If the Board determines that said construction or installation has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the Town Clerk the details wherein said construction or installation fails to comply with its rules and regulations and upon failure so to do within forty-five days after the receipt by said Clerk of said statement all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned and any such covenant shall become void. In the event that said forty-five-day period expires without such specification, or without the release and return of the bond or return of the deposit or release of the covenant as aforesaid, the said Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded. Any such bond may be enforced and any such deposit may be applied by the Planning Board for the benefit of the town, as provided in MGL c. 41 § 81Y, upon failure of the performance for which any such bond or deposit was given to the extent of the reasonable cost to such city or town of completing such construction and installation.
(3)
Upon failure of the Planning Board to act on such an application for release of conditions within 45 days after the receipt of the application by the Town Clerk, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned and such covenant shall become void.
(4)
Any such bond may be enforced and any such deposit may be applied by the Planning Board for the benefit of the Town of Belchertown as provided in MGL c. 41, § 81Y, upon failure of the performance for which any bond or deposit was given, to the extent of the reasonable cost to the town of completing such construction and installation.
D.
Release of lots from covenant. The subdivider may request a release of lots from covenant in exchange for a bond or surety, provided that:
(1)
The amount of the surety or bond shall be determined by the Planning Board, consulting as it deems necessary with the Director of Public Works or Town Engineer, based on its estimates for constructing the road within existing approval. The amount of the surety or bond shall be determined on a request-by-request basis, and each request shall be judged on its own merits.
(2)
The amount of the surety or bond on existing lots for which prior surety or bond has been given may be increased by the Planning Board should the specified subdivision improvements, in accordance with these rules and regulations, not be completed within the allotted time period as specified in § 270-32. Such increase would take into consideration increased construction costs.
A.
Modification. After a definitive plan has been approved, the location and width of ways, drainage facilities, and utilities shown on the plan shall not be changed unless the plan is amended according to the provisions set forth in MGL c. 41, § 81W, and approved by the Planning Board.
B.
Submission.
(1)
If the applicant desires to change the grade of a street, or the size, location, or layout of a storm or sanitary line, a domestic water main, underground utility line, or appurtenant structure, the following must be provided to the Planning Board:
(a)
Application Form E,[1] with a copy to the Town Clerk, requesting such alteration or change; and
[1]
Editor's Note: See Appendix A at the end of this chapter.
(c)
Seven prints of the original definitive plan, with proposed changes drawn on in red. Ten prints of the definitive plan with proposed changes drawn on in red shall be provided to the Board if the subdivision is served by a public sewer or water line.
(2)
No alteration of the location and width of ways, drainage facilities, and utilities shall be allowed following approval of the definitive plan unless such alteration is made according to the provisions of MGL c. 41, § 81W.
C.
Corrections. No change or deviation shall be permitted unless it has been approved by the Town Engineer, the Director of Public Works or the Planning Board.
D.
Approval. After the Planning Board has approved a modification, the applicant shall show the approved changes on the original drawings of the definitive plan, or submit a fully revised plan. Either plan must be recorded with the Hampshire Registry of Deeds and the book and page numbers must be provided to the Planning Board.
E.
Minor technical corrections. If the Planning Board, after consulting with the Director of Public Works or Town Engineer, deems a proposed deviation a minor technical correction which does not substantively alter the approved design of the roadway, drainage, and utilities, the Board may review the change without requiring the provisions of MGL c. 41, § 81W. The applicant must submit seven prints of the original definitive plan, with proposed changes drawn on in red. Ten prints of the definitive plan with proposed changes drawn on in red shall be provided to the Board if the subdivision is served by a public sewer or water line.
F.
Authorization. Deviations from material or construction specifications shall not be allowed, except as specifically authorized by the Planning Board upon consultation with the Town Engineer or the Director of Public Works. Such authorization shall be filed, in writing, with the Town Clerk.
Final approval of the definitive plan does not constitute the laying out or acceptance by the town of any street or public improvements shown on the plan.
