[Amended 11-3-1994; 8-7-1997]
A.
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 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. The Board will not discuss
a particular parcel of land without written consent of the landowner(s).
B.
Pre-application consultations between the applicant
and the staff of the Town is recommended. The following rules apply
for pre-application consultations:
(1)
All correspondence must be sent through the Planning
Board office or a copy shall be provided to the Planning Board.
(2)
The Town staff will review applications in an attempt
to avoid unnecessary deficiencies in the application and promote efficiency
in the formal review and hearing process. Staff may also be requested
to review an application for its thoroughness and completeness; however,
staff will not be responsible for assuring the accuracy, completeness
or thoroughness of any application submitted for review. It is the
responsibility of the applicant to assure that the application to
be submitted to the Board for its review is thorough, complete and
accurate.
A.
Submission. A preliminary plan of a subdivision may be submitted by the landowner or owner's representative to the Board and to the Board of Health for discussion and approval, modification or disapproval by the Board. The submission of such a preliminary plan shall be made on Form B, Application for Approval of a Preliminary Plan, and will enable the subdivider, the Board, the Board of Health and other municipal agencies and owners of properties 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. Three full-size (24 inches by 36 inches) prints and 20 reduced (11 inches by 17 inches) prints of the preliminary plan shall be submitted in accordance with the procedures set forth in § 381-4G, together with filing fees as specified in Part 3, Fees, of this chapter, to cover the costs of processing and review. The applicant shall give written notice to the Town Clerk by delivery or by registered mail that such preliminary plan has been submitted, stating the date of such submission.
[Amended 7-5-2000]
B.
Contents.
(1)
The preliminary plan shall be drawn at a scale of
one inch equals 40 feet or other suitable scale acceptable to the
Board, shall be clearly designated as "preliminary plan" and shall
show:
(a)
The subdivision name, boundaries, North point,
date and scale.
(b)
The name and address of the record owner, applicant
and designer, engineer or surveyor.
(c)
The names of all abutters as determined from
the most recent Town tax list.
(d)
Existing and proposed lines of streets, ways,
easements and public areas within the subdivision.
(e)
The location, names and present widths of streets
bounding, approaching or near the subdivision.
(f)
Existing topography of the land in a general
manner, based upon the most recently published United States Geological
Survey map, including contour lines which are shown on the Zoning
Map as boundaries of any Conservancy District, and other contours
when required by the Board.
(g)
A proposed system of drainage, including existing
natural waterways, in a general manner both within and adjacent to
the subdivision.
(h)
Approximate boundary lines of proposed lots,
with approximate areas and dimensions.
(i)
Estimates of the grades of proposed streets
or profiles when required by the Board.
(j)
Major site features such as existing stone walls,
fences, buildings, large trees or wooded areas, rock ridges and outcroppings,
swamps and water bodies.
(k)
A locus map at 1,000 feet to one inch.
(l)
Any wetland areas and buffer zones subject to protection under the Wetlands Protection Act, MGL C. 131, § 40, and Chapter 215, Wetlands, as may be amended from time to time. The wetland areas shown on the plan shall be consistent with the Conservation Commission's confirmation of the wetlands delineation.
[Amended 7-5-2000; 4-3-2003]
(m)
A proposed building envelope and line clearly
showing the proposed limit of disturbance and specimen trees to be
saved.
[Added 7-5-2000]
(n)
Approximate location of existing structures,
including house numbers, within a one-hundred-foot distance of the
parcel to be subdivided.
[Added 4-3-2003]
(2)
The preliminary plan should be accompanied by a statement
of existing zoning and any easements, covenants or restrictions applying
to the area proposed to be subdivided.
C.
Field trip. After the regular Planning Board meeting
at which a subdivision plan is first discussed, the Planning Board
may schedule a field trip to the site of the proposed subdivision,
accompanied by the applicant or his representative. In order to facilitate
field inspection and review of the site of the proposed subdivision,
temporary staking will be required along the center line of all proposed
roads in the subdivision in time for such field trip or, if impractical,
the Planning Board shall permit a suitable alternative procedure.
D.
Preliminary plan approval.
(1)
The Board shall, within 45 days, approve such preliminary
plan, with or without modifications suggested by it or agreed upon
by the person submitting the plan, or disapprove such preliminary
plan with its reason therefor. One copy of the preliminary plan shall
be returned to the subdivider. Such approval does not constitute approval
of a subdivision but does facilitate the procedure in securing final
approval of the definitive plan.
(2)
The Board shall notify the Town Clerk of its action
on each preliminary plan in writing within said forty-five-day period.
(3)
Any plan submitted by a subdivider to the Board which
does not conform to the requirements hereof pertaining to a preliminary
plan shall not be so designated, nor shall such plan be given approval
by the Board.
(4)
The submission of the preliminary plan for examination
by the Board shall not be deemed a submission of a definitive plan
of a subdivision of land for approval by the Board under MGL C. 41,
§ 81L, and the action of the Board on such preliminary plan
shall not prejudice its action on the definitive plan.
A.
Submission.
(1)
Any person who submits a definitive plan of a subdivision
to the Board for approval shall file therewith the following:
(a)
Three full-size (24 inches by 36 inches) prints
of the definitive plan, dark line on white background, and 20 reduced
(11 inches by 17 inches) prints of the definitive plan on eleven-by-seventeen-inch
paper. Reduced prints will be referred by the Board to other Town
officials for review.
[Amended 7-5-2000]
(b)
Accompanying statements regarding zoning, easements, data on percolation tests and plans, specifications and profiles for water supply, sewerage and drainage as required in Subsection C below.
(c)
A properly executed application form, designer's
certificate and certified list of abutters in accordance with the
forms on file with the Planning Board.
(2)
Every application for approval shall be accompanied by the fees specified in Part 3, Fees, of this chapter. In the event that the Planning Board determines that expert technical opinion is necessary for unusual or special circumstances about a subdivision and its impact, the cost of that expertise shall be paid by the subdivider.
(3)
The applicant shall file, by delivery or registered mail, written notice with the Town Clerk stating that a definitive plan has been submitted in accordance with MGL C. 41, § 81T, as amended, with the date of submission of the definitive plan, accompanied by a copy of the application. The applicant shall also file with the Board of Health two each of the definitive plan, application form and all accompanying statements and data required in Subsection C.
B.
Contents. The definitive plan shall be prepared by
a registered professional engineer and/or land surveyor and shall
be clearly and legibly drawn in black India ink upon tracing cloth
or Mylar and shall be 24 inches by 36 inches in overall dimensions.
There shall be a one-inch margin for filing purposes left on one twenty-four-inch
edge of each sheet. The prints shall be at a scale of not less than
one inch equals 40 feet or such other scale as the Board may prescribe
to show details clearly and adequately. Profiles of proposed streets
shall be drawn to the same horizontal scale as the plan and with vertical
scale 10 times larger, unless otherwise authorized, and either on
the same sheet as the plan or on separate tracing cloth of the same
dimensions as the plan sheets. If multiple sheets are used, they shall
be accompanied by an index sheet showing the entire subdivision. The
definitive plan shall contain the following information:
(1)
A title stating the name of the subdivision, date
including all revised dates; scales; and names and addresses of owner,
subdivider, designer or engineer, all arranged in a title block in
the lower right-hand corner of each sheet comprising the plan. Title
of the development shall be approved by the Planning Board prior to
submittal of the definitive plan. The name of the primary subdivision
street shall be the same as the name of the subdivision. All street
names shall be approved by the Town's public safety officials to avoid
duplication or confusion with existing street names.
[Amended 4-3-2003]
(a)
Station numbers should be included in the subtitle
when the road and profile plan cannot be included on one sheet. Example:
Plan and Profile of Maple Road (Stations 0+00 to 12+58.78).
(b)
A bar scale shall be provided on all sheets.
(c)
The sheet number and the total number of sheets
is to be lettered in the lower right-hand corner of the title block
on each sheet (example: Sheet 2 of 7). All sheets shall have the current
revision date for ease of referencing.
(d)
The official date of the preliminary plan submission
shall be noted on the definitive plan.
(e)
On each plan to be recorded the following statements
shall be noted:
[1]
Where the applicant elects to secure the construction
of ways and the installation of municipal services by a covenant,
there shall be a notation lettered on the lot layout plan, above the
space for signatures, as follows: Approved (date) subject to the provisions
set forth in a covenant, executed (date), to be recorded (registered)
herewith.
[2]
In the same space on the remainder of the sheets
comprising the plan, there shall be lettered the notation: Approved
(date) subject to the provisions set forth in a covenant described
on Sheet 1.
(2)
A locus map at a scale of 1,000 feet to one inch showing
the proposed streets in relation to existing streets in the immediate
vicinity and a reduced map showing the layout of the lots at a scale
of 200 feet to one inch (to be used by the Board of Assessors to update
the Town's maps).
(3)
Location of land.
(a)
The zoning district or districts in which the subdivision is located. When the subdivision is in more than one district, the boundary line between districts is to be dimensioned on the lot layout plan(s) with adequate information to indicate it was determined in accordance with Chapter 218, Zoning, § 218-9.
(b)
Where the owner or subdivider also owns or controls
unsubdivided land adjacent to or across the street from that shown
on the definitive plan, the applicant shall submit a sketch plan showing
a possible or prospective street layout and the present drainage,
natural and constructed, for such adjacent land, unless such a plan
has already been submitted to the Board with a preliminary plan.
(4)
Boundary lines of bordering adjacent land or of land
across an adjoining street from property being subdivided and names
of abutters thereof as determined from the most recent local tax list.
(5)
Existing and proposed lines of streets, ways, easements
and any public or common areas within the subdivision.
(6)
Location, direction, names and present widths and
grades of streets and public or private ways bounding, approaching
or within reasonable proximity of the subdivision.
(7)
Sufficient data to determine readily the location,
direction and length of every street and way line, lot line and boundary
line and to establish these lines on the ground. Curve data shall
include chord and tangent data.
(8)
Location and outline of all existing buildings and
site features such as existing stone walls, fences, large trees or
wooded areas, rock ridges and outcroppings, swamps, floodplain areas,
water bodies and watercourses, including depth of water and direction
of flow within or adjacent to the proposed subdivision.
(9)
Existing and proposed topography, with two-foot contours
based on mean sea level datum or at a suitable interval as required
by the Planning Board, and those contour lines shown on the Zoning
Map as bounding any Conservancy District and those contour lines shown
on the Federal Emergency Management Agency Flood Insurance Rate Maps
or Study as bounding the one-hundred-year floodplain within or immediately
adjoining the proposed subdivision.
(10)
Acreage of each lot and lot lines, bearings and length thereof in conformity with Chapter 218, Zoning, in each case. Each lot in its entirety shall be shown on one sheet of the definitive plan.
[Amended 7-5-2000]
(11)
Location of existing and proposed monuments, hydrants,
public utility facilities, water pipes, fire ponds and wells within
the subdivision.
(12)
Park or open areas suitably located for conservation,
playground or recreation purposes within a subdivision, if any.
(13)
Proposed storm drainage of land, including existing
natural waterways and the proposed disposition of water from the proposed
subdivision, shall be via adequate natural drainage channels or artificial
means of disposal thereof.
[Amended 11-3-1994]
(14)
Location and purpose of all existing and proposed
easements with sufficient data, including lengths, bearings and curve
data, necessary to determine their exact location.
(15)
Location and species of proposed street trees and/or
individual trees or wooded areas to be retained within 40 feet of
the side lines of each street; planting plans showing the location,
size and species of street trees and shrubs to be planted within the
right-of-way of the proposed roads and in the center of the culs-de-sac.
[Amended 11-3-1994]
(16)
Street plans and profiles which must show the percent
of grade, radii and length of curves, the point of curvature and the
point of tangency of curves.
(17)
Street plans and profiles which must show, in addition
to the proposed center-line grade, present elevations of the center
line and both sides of right-of-way at fifty-foot stations, except
in vertical curves which shall have proposed center-line grades at
every twenty-five-foot station.
(18)
Certification by a registered land surveyor or registered professional engineer that each lot complies with Chapter 218, Zoning, § 218-22G, Computation of lot area, of the Code of the Town of Groton. The one-hundred-fifty-foot-diameter circle within which there is no area subject to protection under the Wetlands Protection Act, MGL C. 131, § 40, as may be amended from time to time, shall be shown on the plan. The wetland areas shown on the plan shall be consistent with the Conservation Commission's confirmation of the wetlands delineation. All easements, except easements specifically serving the individual dwelling, shall not intersect with the one-hundred-fifty-foot-diameter circle.
[Amended 11-3-1994; 8-7-1997; 7-5-2000]
(19)
Location of a minimum of two permanent bench marks.
(20)
Endorsement.
(a)
A space for the endorsement of the plan by a
majority of the members of the Planning Board, as follows:
|
Approved
|
__________________
(date)
|
|
)
| ||
|
)
| ||
|
)
|
Being a majority of the Groton Planning Board
| |
|
)
| ||
|
)
| ||
|
)
| ||
|
)
|
|
Endorsed
|
__________________
(date)
|
(b)
No construction shall commence prior to endorsement
by the Planning Board and evidence of recording the definitive plan
and covenant at the Registry of Deeds is submitted to the Planning
Board.
[Amended 5-2-1996; 7-5-2000]
(c)
On each plan to be recorded the following statements
shall be noted:
|
"I ___________________________ Clerk of the
Town of Groton, hereby certify that the notice of approval of this
plan by the Planning Board has been received and recorded by this
office and no appeal was received during the 20 days after such receipt
and recording of said notice."
| |||
|
____________________________
Town Clerk
| |||
|
____________________________
Date
| |||
(21)
Location of existing utilities, underground or overhead,
including rim/gate/grate and invert elevations, pole number, size,
type and any easements.
(22)
Location of subsurface test pits and percolation tests
as required by the Board. The Board will not normally require more
than one pit per four proposed lots, locations to be selected after
consultation with the Board of Health and the Conservation Commission.
Test pits and percolation tests shall be performed at locations of
leaching catch basins and detention basins. Test pits shall be performed
during that portion of the year when groundwater is at its highest
elevation.
(23)
Location of required streetlights.
(25)
Any wetland areas and buffer zones subject to protection under the Wetlands Protection Act, MGL C. 131, § 40, and Chapter 215, Wetlands, as may be amended from time to time. The wetland areas shown on the plan shall be consistent with the Conservation Commission's confirmation of the wetlands delineation.[2]
[Added 4-3-2003]
[2]
Editor's Note: Former Subsection B(25), concerning
planting plans, was repealed 11-3-1994.
(26)
Bridges, box culverts, deep manholes, retaining walls,
headwalls and other special structures designed in accordance with
good engineering practice acceptable to the Board and the Town's consulting
engineer. Said design shall be provided on the definitive plans and
prepared by professional engineer of the appropriate discipline.
(27)
At culs-de-sac and/or where the pavement is not centered
within the right-of-way, the geometry of both the center line of the
pavement and the center line of the right-of-way.
(28)
Location of existing wells, sewage disposal systems,
drainage facilities, houses and other structures, including building
numbers, within 100 feet of the parcel.
[Amended 4-3-2003]
(29)
The location of the proposed house, driveway and proposed
lot grading shall be shown for each lot within the subdivision. The
proposed lot grading shall be shown on the plans so that the proposed
stormwater management system can be properly evaluated.
[Added 11-3-1994]
(30)
A proposed building envelope and line clearly showing
the proposed limit of disturbance.
[Added 7-5-2000]
(31)
Location of specimen trees to be saved.
[Added 7-5-2000]
(32)
The proposed building numbering system shall be shown on the definitive subdivision plan. Endorsement of said plan by the Planning Board shall constitute the assignment of building numbers to the lots shown on the plan. The building numbering shall follow the numbering system as provided in the Street Naming and Building Numbering Regulations promulgated pursuant to Chapter 119, Buildings, Numbering of.
[Added 4-22-2010]
C.
Accompanying statements and data.
(1)
The definitive plan shall be accompanied by 10 copies
of written statements on:
(a)
Existing zoning and any easements, covenants
and restrictions applying to the area proposed to be subdivided.
(b)
Data and proposed arrangements for water supply,
sewerage and sewage disposal, including all appurtenances, as required
by the Board of Health.
(c)
Drainage calculations prepared by the applicant's
engineer, including design criteria, pre- and postdrainage areas and
other information sufficient for the Board to verify the size of any
proposed drain, swale, drain field, culvert, bridge or catch basin.
Said calculations shall be made separately for each drainage facility,
showing its location, the total upstream drainage area, the underlying
soil types and the flow paths for the times of concentration, the
design runoff, facility size, slope and capacity and the velocity
of the water through it.
(d)
Logs of results of all test pits made with the
elevation of spring high groundwater and all percolation test results.
(e)
The environmental impact of the proposed subdivision
to be described according to the following outline:
[1]
Physical environment.
[a]
Describe the general physical conditions of
the site, including amounts and varieties of vegetation, general topography,
unusual geologic, scenic and historical features, stone walls, trees
over 24 inches in diameter, trails and open space links and indigenous
wildlife.
[b]
Describe how project will affect these features.
[c]
Provide a complete physical description of the
project and its relationship to the surrounding area.
[2]
Surface water and soils.
[a]
Describe location, extent and type of existing
water and wetlands, including existing surface drainage characteristics,
both within and adjacent to the project.
[b]
Describe the methods to be used during construction
to control erosion and sedimentation (i.e., use of sediment basins
and type of mulching, matting or temporary vegetation); describe approximate
size and location of land to be cleared at any given time and length
of time of exposure, covering of soil stockpiles and other control
methods used. Evaluate effectiveness of proposed methods on the site
and on the surrounding areas.
[c]
Describe the permanent methods to be used to
control erosion and sedimentation. Include a description of:
[i]
Any areas subject to flooding or
ponding.
[ii]
Proposed surface drainage system.
[iii]
Proposed land grading and permanent
vegetative cover.
[iv]
Methods to be used to protect
existing vegetation.
[v]
The relationship of the development
to the topography.
[vi]
Any proposed alterations of shorelines,
marshes or seasonal wet areas.
[vii]
Any existing or proposed flood
control or wetland easements.
[viii]
Estimated increase of peak runoff
caused by altered surface conditions and methods to be used to return
water to the soils.
[d]
Describe completely sewage disposal methods.
Evaluate impact of disposal methods on surface water, soils and vegetation.
[e]
Calculate the amount of cut and fill required
for site development to determine the amount of excess earth material,
if any, to be removed from the site.
[Added 8-7-1997]
[3]
Subsurface conditions.
[4]
General impact. Summarize briefly environmental
impact on entire Town, with supporting data and comments.
(2)
A copy of the Soil Conservation Service Map, with
site perimeter delineated and listing of soil types, shall be submitted.
(3)
The definitive plan shall be accompanied by 10 copies
of a written list of requested waivers, with reasons why those waivers
would permit a superior design, that would be in the public interest
and not inconsistent with the purpose and intent of the Subdivision
Control Law.
[Added 5-2-1996]
(4)
GIS submission standards. For ANR, subdivision and
as-built plans, the applicant shall submit a CD-ROM or DVD containing
geographic data in accordance with the Standard for Digital Plan Submittals
to Municipalities (Version 1.0) issued by the Office of Geographic
and Environmental Information (MassGIS) in 2006, or the most recent
edition of this publication. This publication, or any succeeding edition
of this publication, is hereby incorporated as part of these regulations.
The publication may be accessed via the MassGIS website (http://www.mass.gov/mgis/standards.htm).
[Added 3-22-2007]
D.
Review.
(1)
Board of Health as to suitability of the land.
(a)
The applicant will file with the Board of Health
two prints of the proposed plan. The Board of Health shall, within
45 days after filing of the plan, report to the Board in writing and
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 or is unsuitable because of drainage conditions, and
include such specific findings and reasons therefor in such report
and, where possible, shall make recommendations for the adjustment
thereof. The extent of soil evaluation shall be determined by the
Board of Health. The tests which may be required include deep test
holes, percolation tests and test borings, and the number of tests
required shall be determined by the Board of Health investigator.
The applicant shall provide a working plan suitable for use during
a site walk which shall show all traverse points and other site features
such as cartpaths and interior stone walls to assist in plan orientation
in the field.
(b)
Notwithstanding the above, a permit to construct
an individual subsurface absorption area for sewage disposal shall
be obtained from the Board of Health for each individual lot prior
to the issuance of a building permit. A condition shall be inscribed
on the definitive plan as follows: "No building or structure shall
be built or placed on any lot without a permit from the Board of Health."
(2)
Other Town officials.
(a)
Before approval of the definitive plan is given,
the Board will obtain appropriate checks on the engineering and survey
information shown on said plan and written statements that the proposed
improvements shown are laid out to the satisfaction of the official,
and for the facilities, below:
[1]
The planning consultant or engineer designated
by the Board as to the design of the street system, location of easements
and design of the sewerage, water and drainage systems, including
appurtenances.
[2]
The Tree Warden, as to location, size and species
of street trees.
[3]
The Fire Department for location of hydrants
and other required fire-fighting appurtenances.
[4]
The Wastewater Committee as to the layout and
extent of sewer design or the lack thereof.
[5]
The Town of Groton Water Department or West
Groton Water Supply District as to layout and extent of the water
distribution system or the lack thereof.
[6]
Any other appropriate Town official.
(b)
The Board may require the applicant to obtain the written statements for Subsection D(2)(a)[2] through [6] above.
(3)
Public hearing. Before approval, modification or disapproval
of the definitive plan is given, a public hearing shall be held by
the Board. Notice of such hearing shall be given by an official publication
of the Town or 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 public hearing. A copy
of said notice shall be mailed to the applicant and to all owners
of land submitted on Form D, Certified List of Abutters.
E.
Performance guaranty. Before endorsement of approval of a definitive plan, the Board will require provision for the completion of construction of ways and the installation of municipal services in accordance with the rules and regulations of the Board. The subdivider shall file any executed easements required in § 381-14, Easements, and any executed covenants and restrictions necessary to secure the permanent legal existence of open land required in Chapter 218, Zoning, § 218-26, Open space residential development, before the Planning Board releases any lot to be built upon or conveyed other than by mortgage deed. The construction of ways and installation of municipal services within the period required by the Board shall be secured by one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the applicant:
[Amended 1-7-1993]
(1)
Final approval with bonds or surety.
(a)
The subdivider shall either file a performance bond or a deposit of money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Article IV not covered by a covenant under Subsection E(2) hereof. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Treasurer and shall be contingent on the completion of such improvements within two years of the date of the bond.
(b)
Cost estimates for required work. If the applicant
elects to file a performance bond rather than to secure the performance
of the construction of ways and the installation of municipal services
for lots shown on the subdivision plan, as hereinafter provided, the
Board's agent shall prepare estimates of the cost of performing the
various items of required work based on the current edition of the
Means Catalog with 15% for contingencies and with an adjustment for
two years' inflation incorporated in the bond estimate. Bond estimates
shall include all provisions for construction and installation of
drains, gas, sewer, electric, telephone, cable television, water and
any other utility. These estimates will be used by the Board to determine
the necessary total sum of the performance bond. The performance bond
shall be annually updated to current prices.
[Amended 11-3-1994; 5-2-1996]
(c)
The bond or security must be filed or deposited
by the fee simple owner of the entire parcel of land shown on the
subdivision plan or of the subdivision road(s) and all lots not previously
released by the Planning Board.
[Added 7-5-2000]
(2)
Final approval with covenant. The subdivider shall file a covenant acceptable to the Board, executed and duly recorded by the owner of record, running with the land, whereby conditions specified in the certificate of approval are met, and such ways and services as specified in Article IV shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a 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.
[Amended 7-5-2000]
F.
Endorsement and recording.
(1)
Certificate of approval.
(a)
The action of the Board in respect to any definitive
plan shall be by vote, copies of which shall be certified and filed
with the Town Clerk and sent by registered mail to the applicant.
If the Board modifies or disapproves such plan, it shall state in
its vote the reasons for its action. The conditions of approval of
the definitive plan including any waivers of this chapter granted
by the Board and the conditions of any special permits or variances
shall be printed on a recordable sheet of the approved definitive
plan and shall be reviewed and approved by the Board prior to endorsement.
The sheet containing said conditions and waivers shall be subsequently
recorded as part of the definitive set. 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.
[Amended 5-2-1996]
(b)
Final approval of the definitive plan does not
constitute the laying out or acceptance by the Town of streets within
a subdivision.
(2)
Copies to be recorded.
(a)
Within 30 days after the return of an approved
plan, the applicant shall cause to be recorded in the Middlesex County
Registry of Deeds, and in the case of registered land with the recorder
of the Land Court, a copy of the approved definitive plan and accompanying
covenants or agreements, if any. Following plan approval, endorsement
and recording, the applicant shall provide the Board with one polyester
film reproducible, five prints of the definitive plan, one of which
shall be certified by the Registry of Deeds as having been recorded,
and one copy of final covenants and restrictions, noting book, page
number and date of recording for each. One copy of the definitive
plan shall be transmitted to the Inspector of Buildings and the Highway
Surveyor by the Planning Board. Clearing and grubbing operations cannot
commence until the Board has received evidence that the applicant
has recorded the approved definitive plan and accompanying covenants
or agreements, if any, at the Registry of Deeds.
[Amended 5-2-1996]
(b)
Failure to comply with the procedural and other
requirements of these rules and regulations may result in rescission
of the approval given hereunder by the Board.
G.
Evidence of satisfactory performance. Before the Board
will release the interest of the Town in a performance bond or deposit
(or, in the case of approval with covenant, issue a release of covenant),
the applicant shall:
(1)
File with the Board a certified copy of the layout
plan of each street in the subdivision as built (or, in the case of
approval with covenant, of the street or street serving the lots for
which a release is desired). Certification shall be by a registered
professional engineer or registered land surveyor and shall indicate
that streets, including all lot bounds, storm drains, sewers, water
mains, utilities and their appurtenances, have been constructed in
accordance with said plan and are accurately located as shown thereon.
The registered professional engineer or registered land surveyor shall
also certify that the grades of all the lots have been established
as shown on the grading plan and that said grades have been established
so as not to create adverse drainage patterns onto adjoining lots
or streets. The as-built plan shall be a street acceptance plan prepared
in conformity with the rules and regulations of the Register of Deeds
of the Commonwealth of Massachusetts. The as-built plan shall conform
to the requirements of the Groton Electric Light Department, Sewer
Department and Water Department.
[Amended 11-3-1994]
(2)
Obtain and submit to the Board written evidence that
the required improvements have been completed to the satisfaction
of the official, and for the facilities listed below:
(a)
The planting of any required street trees (by
the Tree Warden).
(b)
The placing of monuments and construction of
all other required improvements and the performance of all other required
work (by the Board or its designated agent).
(c)
The streets and drainage in accordance with
the approved definitive plan (by the Board or its designated agent).
(d)
The underground wiring, water mains, sanitary
sewers, storm sewers, hydrants, fire ponds and fire alarms in accordance
with the approved definitive plan (by the Board, its designated agent
and/or the appropriate department official). The as-built plan shall
conform to the requirements of the Fire Chief, Groton Electric Light
Department, the Highway Surveyor, Sewer Department and Water Department.
[Amended 11-3-1994; 4-3-2003]
(e)
The exposure of the improvements to one complete
winter environment (December 1 to April 30) without damage or, if
damage has incurred, it has been repaired to the satisfaction of the
Board. The roads have been properly maintained and plowed at the developer's
expense to provide safe and adequate access to all occupied structures.
[Amended 7-5-2000]
H.
Release of performance guaranty.
(1)
Upon completion of the improvements required under Article IV security for the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the Town Clerk a written statement in duplicate that said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with the requirements of Article IV, such statement to contain the address of the applicant, and said Clerk shall forthwith furnish a copy of said statement to the Board. If the 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 issue a release of covenant in a form for recording. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant in writing the details wherein said construction and installation fail to comply with the requirements of Article IV, and, upon failure to so specify within 45 days after the receipt by the 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 the return of the deposit or release of the covenant as aforesaid, said Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.
(2)
The Board will release from such covenants only those
lots for which installation of ways and services has been completed
in accordance with the rules and regulations set forth herein. Form
J, Release of Covenant, may be submitted when applying for release
of a lot from a covenant.
[Added 5-15-2003]
A.
Purpose. The purpose of this section is to preserve
scenic vistas now available on Groton's roads, minimize the number
of driveway cuts onto scenic roads, reduce the amount of mature trees
removed during the development process, and maintain Groton's rural
character. This section provides an option for the development of
a parcel of land under an alternative design, called a "residential
compound," where and only where the Board determines that such residential
compound will promote development of the parcel to promote these objectives.
B.
Procedures. A residential compound plan shall be treated
as a definitive plan for the purposes of the Subdivision Control Law.
Because the residential compound plan contains various waivers from
the otherwise applicable rules and regulations of the Planning Board,
the approval of a residential compound is within the informed discretion
of the Board pursuant to MGL C. 41, § 81R. Denial by the
Board of a request to submit an application for a residential compound,
or denial of an application for a residential compound, shall not
be construed as denial of the right to subdivide the property, and
the applicant shall retain all rights to submit a definitive plan
pursuant to MGL C. 41, § 81U, and these rules and regulations.
Applicants are advised to see § 218-20 of the Zoning Bylaw
for provisions regarding reduced lot frontage within a residential
compound.
C.
Eligibility.
(1)
Applicants may request that a proposal be handled
as a residential compound plan (RCP). Prior to investing in extensive
professional design costs for preparation of a RCP, the applicant
is invited to review the proposed development of the parcel of land
with the Board, in order to explore general conditions involving the
site and to discuss potential problems. Pencil sketches, which need
not be professionally prepared, will assist in this discussion and
should show the critical features required herein.
(2)
To qualify for consideration as a RCP, the subdivision
must satisfy all of the following conditions; provided, however, that
satisfaction of the following conditions shall only result in rendering
the plan eligible for further consideration by the Board pursuant
to this section and does not guarantee approval.
(a)
The RCP must create at least two but not more
than eight lots and have a minimum of 400 feet of frontage on an existing
public way.
(b)
All lots created by the RCP shall have ingress
and egress to a common private way.
(c)
Each lot shall have at least 50 feet of frontage
on the common private way and shall contain 150% of the minimum area
requirement for the district in which it is located.
(d)
The common private way shall extend from a public
way and shall end in a cul-de-sac, as described below.
(e)
Not more than one RCP subdivision shall be created
from a property, or a set of contiguous properties held in common
ownership as of May 15, 2003. Documentation to this effect shall be
submitted to the Planning Board along with the application for RCP
approval.
(f)
A buffer zone of at least 150 feet in width
of indigenous vegetation shall separate any structures in the development
from any adjacent public way. No vegetation shall be removed from
this buffer zone after the development of the residential compound,
nor shall any building, structure, or wastewater disposal system be
placed therein.
D.
Criteria for Planning Board approval. The Planning
Board may approve an RCP subdivision upon a determination that the
RCP, as compared to an orthodox subdivision of the same parcel, is
likely to:
(1)
Reduce the number of lots having egress onto existing
public ways;
(2)
Reduce the number of lots having frontage on existing
public ways;
(3)
Reduce cut and fill in road construction and subdivision
development;
(4)
Promote public safety and welfare, particularly with
regard to traffic and pedestrian safety;
(5)
Be constructed in a manner which will minimize the
visual impact of the development of the subject parcel of land as
viewed from the public way providing access to the RCP subdivision,
or from adjacent properties; or
(6)
Produce less irregularly shaped or contorted lot configurations.
E.
Application.
(1)
In order to facilitate application for an RCP, the
applicant shall submit a plan containing the following information,
in a format acceptable to the Registry of Deeds and the Planning Board:
(a)
Center line profile of proposed common private
way;
(b)
Location of any wetlands;
(c)
Proposed drainage;
(d)
Proposed utilities and road construction design;
(e)
Proposed lot lines and building sites;
(f)
Location of the one-hundred-fifty-foot buffer
between the RCP building envelope(s) and adjacent public way(s);
(g)
Names of abutters from the latest available
Assessor's records.
(2)
Such plan shall be prepared by a registered professional
engineer, land surveyor, architect, or landscape architect, unless
this requirement is waived by the Planning Board. The Planning Board
reserves the right to request any information not set forth above
but otherwise required for the submittal of a definitive plan.
F.
Conditions. Any plan approved as an RCP must contain
or refer to recorded covenants regarding each of the following;
(1)
The common private way shall remain permanently a
private way, which shall not be extended.
(2)
The common private way shall not be connected to any
other way except where it originates on a public way.
(3)
All lots created by the RCP shall obtain access exclusively
from the common private way and not the public way serving the locus.
(4)
Ownership of any lot shown on the RCP shall constitute
membership in a homeowners' association responsible for all liability,
maintenance and snow removal from the common private way. This condition
shall be placed in the deed to each lot. The documents establishing
the homeowners' association and all deeds shall be approved as to
form by the Planning Board's legal counsel prior to execution.
(5)
The common private way shall be conveyed to the homeowners'
association which shall permanently retain all rights in the common
private way.
(6)
The common private way does not meet the standards
of the Town for acceptance for new ways and shall not be proposed
for such acceptance.
(7)
Owners of lots in the RCP shall be subject to betterments
for common private way repairs and improvements, even though the common
private way shall not be accepted by the Town.
(8)
The homeowners' association shall indemnify, hold
harmless and release the Town from liability for any damages resulting
from an action brought by a third party or the association in any
court due to the repair, use, or maintenance of the common private
way.
G.
Common private ways. Common private ways shall have:
(1)
A staging area shall be provided to promote ease of
access from the common private way to the abutting public way, and
to minimize the discharge of water and sediment from the common private
way onto the abutting public way. The staging area shall be at least
40 feet in length from the pavement on the public way, with a minimum
width of 20 feet of pavement in accordance with the Subdivision Regulations,
and sloped not more than six-percent grade for the 40 feet it extends
from the pavement on the public way;
(2)
A center-line intersection with the street center
line of not less than 60°;
(3)
A roadway surface, on that portion of the common private
way extending beyond the staging area, of a minimum of eight inches
of graded gravel, placed over a properly prepared base, graded and
compacted to drain from the crown, where appropriate; provided, however,
that the applicant may seek a waiver of this provision upon a demonstration
that alternative construction standards meet the access and safety
standards of this provision;
(4)
Proper drainage appurtenances, where required, to
prevent washout and excessive erosion, with particular attention to
the staging area, so that water draining onto the street surface from
the staging area is eliminated to the maximum extent feasible;
(5)
A roadway surface, on that portion of the common private
way extending beyond the staging area, with a minimum width of 16
feet for its entire length, with pullovers incorporated as may be
required by the Board, and a minimum right-of-way width of 30 feet
for its entire length;
(6)
A turnaround or cul-de-sac of not less than 30 feet
in depth and 40 feet in width provided at the end of the common private
way;
(7)
A buffer zone of not less than 30 feet in width of
indigenous vegetation separating the common private way from any preexisting
residential lot line.
