A.
General.
(1)
A preliminary plan of a subdivision may be submitted
by the subdivider to the Planning Board and to the Board of Health
for discussion and approval, modification or disapproval, by each
board. The submission of such a preliminary plan, which is not a binding
commitment, will enable the subdivider, the Planning Board, the Board
of Health, other municipal agencies, and owners of property abutting
the subdivision to discuss and clarify the problems of such subdivision
before a definitive plan is prepared. Therefore, it is strongly recommended
that a preliminary plan be filed in each case. For the purpose of
establishing the official submission date, said submission shall be
made to the Planning Board at a regularly scheduled meeting of the
Planning Board.
(2)
A properly executed application Form B (see Appendix
B[1]) shall be filed with the preliminary plan submitted to
the Planning Board. The applicant shall also file by delivery or registered
mail a notice with the City Clerk stating the date of submission for
such approval of a preliminary plan and accompanied by a copy of the
completed application Form B.
[1]
Editor's Note: Appendix B is on file in the
City Clerk's office.
B.
Contents. The preliminary plan shall be drawn on tracing
paper with pencil at a suitable scale, preferably 40 feet to the inch,
and five prints of it shall be filed with the Planning Board and one
print shall be filed with the Board of Health at City Hall. The plan
shall be designated as a "preliminary plan," and to form a clear basis
for discussion of the problems of the subdivision and for preparation
of the definitive plan, the plan should contain the following:
(1)
Major features of the land such as existing walls,
fences, buildings, large trees, wooded areas, outcroppings, ditches,
the subdivision name, boundaries, North point, date, scale, legend
and title "preliminary plan."
(2)
The names of the record owner of the land and the
applicant or subdivider and the name of the designer, engineer or
surveyor who made the plan.
(3)
The names of all abutters, as determined from the
most recent local tax list.
(4)
The existing and proposed lines of streets, ways,
easements and any public areas within the subdivision, in a general
manner.
(5)
The proposed system of drainage, including adjacent
existing natural waterways, in a general manner.
(6)
The approximate boundary lines of proposed lots, with
approximate areas and dimensions.
(7)
The names, approximate location and widths of adjacent
streets.
(8)
The topography of the land with a two-foot contour
interval based on the U.S. Coast and Geodetic 1929 Datum. The origin
of said topography shall be noted on the plan.
(9)
The profiles of existing grades and approximate proposed
finished grades of the roadway, drain and sewer utilities.
(10)
The water distribution system.
(11)
Comparative impact analysis. A comparative impact
analysis shall be submitted for any subdivision creating frontage
potentially allowing 10 or more dwelling units and in other cases
where the Board determines it appropriate in light of special circumstances.
If a preliminary plan is filed, the analysis shall be submitted during
the preliminary plan process. If a preliminary plan is not filed,
the analysis shall be filed during the definitive plan process.
(a)
Alternatives. The analysis shall include a minimum
of two layouts, which shall be considered as alternatives. The alternative
layouts shall be substantially different, practical and conform to
the requirements for a preliminary plan or a definitive plan, if applicable.
If the Zoning Ordinance allows flexibility in lot area or dimensions,
then one of the development alternatives shall attempt to optimize
the intent of said flexibility as stated in the Zoning Ordinance.[2]
(b)
Scope. The scope of such analysis, including
development alternatives to be compared and consequences to be studied,
shall be proposed by the applicant for review and approval by the
Planning Board. The applicant shall consult with the City Engineer,
City Planner and Conservation Officer regarding the scope, and said
officials shall submit their recommendations regarding the scope to
the Planning Board. After due consideration of said recommendations,
the Planning Board may waive any or all the requirements for an analysis
only when it is found that no useful purpose would be served thereby,
as when the characteristics of the site preclude substantially different
layouts, or when the applicant has provided assurance that the Planning
Board's stated concerns will be met. The Planning Board may issue
guidelines for the preparation of an analysis, including types of
technical data that will be accepted.
(c)
Mitigation. Possible measures for mitigation
shall be outlined with the preliminary plan, if the analysis is submitted
during the preliminary plan. However, specific measures for mitigation
do not have to be proposed until the definitive plan.
(d)
Differences. The analysis shall indicate differences
between the alternatives regarding the following, unless requested
otherwise by the Planning Board:
[1]
Groundwater and surface water. Impact upon groundwater
and surface water quality and level, including estimated phosphate
and nitrate loading on groundwater and surface water from septic tanks,
lawn fertilizer and other activities within the development;
[2]
Wildlife and botanical features. Material effects
upon important wildlife habitats, and outstanding botanical features,
including wildlife corridors, and relationships to and through adjacent
properties;
[3]
Soil and vegetation. Capability of soils, vegetative
cover and proposed erosion control efforts to support proposed development
without danger of erosion, silting or other instability;
[4]
Public water supply and sewerage. Impact upon
City water supply and sewerage systems as existing or proposed to
be improved by the developer;
[5]
Streets and traffic. Ability of streets providing
access to the subdivision to safely provide such access, including
measurement of sight distance at each intersection with proposed streets,
impact of development traffic on the traffic level of service, gap
acceptance analysis, and analysis of hazards owing to the limited
sight distances, alignment or other characteristics of access roads;
and
[6]
Recreation, open space and scenic values. Difference
in potential recreation for residents of the site and general public.
Impact upon open space preservation and values, including trail connections
and scenic views from outside and inside the site and across the site.
(e)
Decision. The Planning Board shall determine
and indicate to the applicant which layout is preferred during the
preliminary plan process or, alternatively, the Board may defer its
determination until the definitive plan process when further information
may be submitted or required.
C.
Approval. The Planning Board, preferably with the
advice of the Board of Health, may give such preliminary plan approval,
with or without modification or suggestion. Such approval does not
constitute approval of the subdivision but facilitates the procedures
for preparing and securing final approval of the definitive plan.
One copy of the preliminary plan will be returned to the subdivider.
A.
General. Any person who submits a definitive plan
of a subdivision to the Planning Board for approval shall file with
the Board the following:
(1)
An original drawing of the definitive plan and eight
contact prints thereof, dark line on white background. The original
drawing will be returned after approval or disapproval.
(2)
A properly executed application Form C (see Appendix
C) and Petition for Approval of Final Plan, Form D (see Appendix D),[1] including the name of the record owner of the land and
the time within which the subdivider or applicant agrees to complete
the ways and install the public utilities in the subdivision, and
approval of all plans shall be upon the condition that all ways shown
thereon and public utilities required by the Board shall be completed
and installed within the time so specified. The Board may decline
to approve any plan unless the applicant agrees to complete the ways
shown thereon and install the public utilities aforesaid within two
years of the date of approval of his definitive plan. If the ways
in any subdivision are not completed and the utilities aforesaid are
not installed within the time so agreed to by the applicant or so
required by the Board, no such way shall thereafter be laid out, constructed,
completed or opened for public use unless and until a new application
is filed with and approved by the Board. Ways not completed or portions
thereof within two years from the date of approval by the Board shall
thereafter be completed in accordance with the then-in-force construction
standards of the Planning Board and the Department of Public Works
of the City of Marlborough.
[1]
Editor's Note: Appendix C and Appendix D are
on file in the office of the City Clerk.
(3)
(Reserved)
(4)
Comparative impact analysis. Submit all information required under § A676-9B(11) if a preliminary plan has not been filed. The applicant is encouraged to prepare and submit a preliminary plan including the comparative impact analysis during the preliminary plan process instead of the definitive plan process. If the analysis was submitted at the preliminary plan stage, the Planning Board may require the applicant, or the applicant may submit on his own initiative, further information on said analysis which is necessary for purposes of reaching a determination as to the impact of the proposal and the selection of the preferred alternative layout by the Planning Board.
B.
Contents.
(1)
The definitive plan shall be prepared by a professional
engineer and/or land surveyor registered in Massachusetts and shall
be clearly and legibly drawn in black India ink upon tracing cloth
or single matte three mil. mylar. The plan shall be at a scale of
one inch equals 40 feet, or such other scale as the Planning Board
may accept to show details clearly and adequately, and shall include
plans and profiles of each individual street at a scale of one inch
equals 40 feet horizontal and one inch equals four feet vertical.
All elevations shall refer to the USGS 1929 Datum. Sheet sizes shall
be 24 inches by 36 inches including a one-inch border. There shall
be an index sheet at a scale of one inch equals 100 feet, showing
the entire subdivision and adjacent streets and dimensions of the
lots and streets and lot numbers.
(2)
The definitive plan shall contain the following information:
(a)
A title stating the date, scale, bench mark,
North point, name and address of the record owner of the land, name
and address of petitioner and of surveyor, name of proposed subdivision
of land, if any, names of proposed streets and zoning classification
and zoning district lines, if any, within the locus of the plan.
(b)
Location and ownership of abutting property
as it appears in the most recent tax list.
(c)
Land abutting any limited access or controlled
access highways shall show the words, "No Access," wherever applicable.
(d)
Major features of the land, such as existing
waterways, natural drainagecourses, walls, fences, buildings, large
trees, wooded areas, outcroppings and ditches, that exist on or near
the site at the time of survey, and the limits of any resource areas
as defined under MGL c. 131, §§ 40 and 40A, as determined
by a botanist.
(e)
Lines of existing and proposed streets, ways,
lots, easements and public or common areas within the subdivision.
The proposed names of proposed streets shall be shown in pencil until
they have been approved by the City Engineer.
(f)
Sufficient data to determine the location, direction
and length of every street and way line, lot line and boundary line,
and to establish these lines on the ground. This shall include the
lengths and bearings of plan and boundary lines of all subdivision
lot lines, including lot frontage on the streets, or the boundary
lines of all streets and easements, and the length, radii, agents
and control angles of all curves in lot lines and street lines. All
angle points or intersections of tangents along the street lines shall
be shown. Areas of lots with lot numbers and areas of adjoining land
of applicant not included in the subdivision will be shown.
(g)
Location of all permanent monuments properly
identified as to whether existing or proposed.
(h)
Location, names and present widths of streets
or private ways bounding, approaching or within reasonable proximity
of the subdivision, showing both roadway widths and rights-of-way
widths.
(i)
Indication of all easements, covenants or restrictions
applying to the land and their purposes, whether or not within the
subdivision.
(j)
If the property that comprises the subdivision
or any part or boundary thereof has been examined, approved and confirmed
by the Massachusetts Land Court, such information shall be noted on
the plan with case numbers and other pertinent references to Land
Court Procedure, and the same requirement shall apply to any adjoining
parcels of land.
(k)
Suitable space to record the action of the Planning
Board and the signatures of the members of the Planning Board (or
officially authorized person).
(l)
Existing profiles on the exterior lines drawn
in fine black line, dotted for left and dashed for right side, and
proposed profile of the center line drawn in fine black solid line
of proposed streets at a horizontal scale of one inch equals 40 feet
and vertical scale of one inch equals four feet or such scale acceptable
to the Planning Board. At least two bench marks are to be shown on
plans and profiles, and grade elevations at every fifty-foot station,
except in vertical curves, which shall be at every twenty-five-foot
station. All existing and proposed intersections shall be shown with
all proposed grade elevations calculated. Elevations shall refer to
NGVD datum only. Gradient shall be shown by figures expressed in percent.
(m)
Size and location of existing and proposed water
supply (mains and their appurtenances); size and location of all underground
conduit and appurtenances; hydrants, sewer pipes and their appurtenances
and/or sewage disposal systems; streetlight locations; storm drains
and their appurtenances, and easements pertinent thereto and dimensions
of gutters, including data on springs and percolation tests made,
and method of carrying water to nearest watercourse or easements for
drainage as needed, whether or not within the subdivision. If surface
water drains will discharge onto adjacent existing streets or onto
adjacent properties not owned by the petitioner or subdivider, the
latter shall clearly indicate what course the discharge will take
and shall present to the Board evidence from the Commissioner of Public
Works or the owner of adjacent property that such discharge is permitted
by public or private ownership of adjacent street or property.
(n)
Hydraulic and hydrologic calculations shall
be prepared by a registered professional engineer in accordance with
the requirements of the City Engineer.
(o)
Location and species of proposed trees and trees
to be retained with trunks over four inches in diameter, measured
12 inches above the finished ground level, located within 20 feet
of the street right-of-way line of existing or proposed streets.
(p)
Cross sections typical of each street or roadway
to be constructed.
(q)
Location of proposed sidewalks.
(r)
In tabular form, as follows, for each sheet
of the subdivision plans, as submitted:
[1]
The area which is being subdivided on each sheet.
[2]
The total area of lots included on each sheet.
[3]
The area dedicated for street purposes, drainage,
sewer or utility easements on each sheet.
[4]
The areas reserved for parks, schools, etc.
on each sheet.
|
SUBDIVISION NAME: _______________________
| |||||
|
SHEET NO. ____
| |||||
|
(1)
|
Total area of original tract shown on this plan
equals _____.
| ||||
|
(a)
|
Area in lots Nos. 1, 2, 3, etc. equals _____.
| ||||
|
(b)
|
Area in streets A-B-C equals _____.
| ||||
|
(c)
|
Area in easements equals _____.
| ||||
|
(d)
|
Area reserved for parks, schools, etc. equals
_____.
| ||||
|
Total area of subdivision equals _____.
[Should equal (1) above.]
| |||||
|
(2)
|
Streets:
| ||||
|
A Street
|
Station ___ to station ___ equals _____.
| ||||
|
B Street
|
Station ___ to station ___equals _____.
| ||||
|
C Street
|
Station ___ to station ___ equals _____.
| ||||
|
Total area of streets equals _____.
[Should equal (1)(b) above.]
| |||||
|
(3)
|
Easements:
| ||||
|
Sewer
|
Station ___ to station ___ equals _____.
| ||||
|
Drainage
|
Station ___ to station ___ equals _____
| ||||
|
Utility
|
Station ___ to station ___ equals _____
| ||||
|
Total area of easements equals _____
[Should equal (1)(c) above.]
| |||||
|
(4)
|
Other Areas:
| ||||
|
Park area (locate) _____ equals _____.
| |||||
|
School area (locate) _____ equals _____.
| |||||
|
Other (define and locate) _____ equals _____.
| |||||
|
Total remaining area equals _____.
[Should equal (1)(d) above.]
| |||||
(3)
A grading plan with two-foot contour intervals depicting
existing and proposed topographic conditions for the entire subdivision,
including on- and off-site easements. Elevations on this plan shall
refer to NGVD. The City shall not accept any design or layouts unless
based on an actual on-the-ground survey.
C.
Review by Board of Health as to suitability of the
land. At the time of filing of the definitive plan, the subdivider
shall also file with the Board of Health two contact prints of the
definitive plan, dark line on white background. The Board of Health
shall, within 45 days after filing of the plan, report to the Planning
Board in writing approval or disapproval of said plan. If the Board
of Health disapproves said 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, and include such
specific findings and the reasons therefor in such report, and where
possible shall make recommendations for the adjustment thereof. Every
lot shall be provided with a sewerage system or sewer connection satisfactory
to the Board of Health and/or the Commissioner of Public Works.
D.
Review by other City officials. The Clerk of the Planning
Board will transmit copies of the definitive plan to City officials
other than the Board of Health as follows:
(2)
Before the definitive plan is approved, the Planning
Board will obtain written statements from the above officials that
the proposed improvements are laid out to their satisfaction in the
following respects (or, if 35 days have elapsed since transmittal
of the definitive plan by the Clerk of the Planning Board to the officials
without such written approval, approval will be assumed):
(a)
The City Engineer as to street names and the
City Solicitor as to the form of easements, covenants and performance
guarantees.
(b)
The Commissioner of Public Works as to the design
of the street system, location of easements, monuments and drainage
system.
(c)
The Commissioner of Public Works as to the design
of the water system and, if applicable, the sewage system.
(d)
(Reserved)
E.
Soil survey. Where appropriate, the Planning Board
may require soil surveys to establish the suitability of the land
for the proposed storm and sanitary drainage installations.
F.
Public hearing.
(1)
Before taking any action to approve, modify and approve,
or disapprove a definitive plan, the Planning Board shall hold a hearing
at which parties in interest shall have an opportunity to be heard,
in person or by agent or attorney. Notice of the time and place of
such hearing and the subject matter, sufficient for identification,
shall be published in a newspaper of general circulation in the City
once in each of two successive weeks, the first publication to be
not less than 14 days before the day of the hearing, or if there is
no such newspaper in such City, then by posting such notice in a conspicuous
place in the City Hall for a period of not less than 14 days before
the day of such hearing. Notice shall also be provided to property
owners within 500 feet of the subdivision.
(2)
The procedure that the Planning Board will follow
with regards to approval, disapproval or modification of the final
plan submitted by the petitioner will be that as set forth in MGL
c. 41, § 81U, as amended. In summary, the Board, after receiving
the final plan and profiles, will review the same to determine whether
they are in compliance with its adopted rules and regulations, zoning
ordinances, general ordinances, departmental regulations of the Commissioner
of Public Works and the Board of Health, and other laws pertaining
thereto.
(3)
Before final approval of the plan, the subdivider
or petitioner shall comply with all reasonable regulations and rules
of the Commissioner of Public Works and the Board of Health. Specific
reference is made to the specifications for septic tanks which shall
conform with the rules and regulations of the Board of Health.
(4)
Before final approval of the plan, the subdivider
or petitioner shall see to it that lots in a definitive or final plan
be in conformity with the existing zoning ordinances, and failure
of the lots to so comply will be adequate grounds for disapproval
of the final or definitive plan. See MGL c. 41, § 81Q, and
amendments thereto. The Board may, as a condition of granting a permit
under § 81Y, impose reasonable requirements designed to
promote the health, convenience, safety and general welfare of the
community and to benefit the City. In such event, the Board shall
endorse such conditions on the plan to which they relate, or set forth
a separate instrument attached thereto to which reference is made
on such plan and which shall, for the purpose of the Subdivision Control
Law, be deemed to be a part of the plan.
G.
Performance guarantee. Before endorsement of the Board's approval of a definitive plan of subdivision, the subdivider shall agree to complete the required improvements specified in Article V for any lots in a subdivision, such construction and installation to 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 with the written consent of the Planning Board.
(1)
Approval with bonds or surety. The subdivider shall either file a proper bond or a deposit of money or negotiable securities in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements specified in Article V not covered by a covenant under Subsection G(2) hereof. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the City Solicitor and as to sureties by the City Treasurer and shall be contingent on the completion of such improvements within two years of the date of the bond.
(2)
Approval with covenant.
(a)
The subdivider shall file a covenant, executed and duly recorded in the Registry of Deeds by the owner of record, running with the land, whereby such ways and services as specified in Article V, not covered by bond or deposit under Subsection G(1) hereof, shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed.
(b)
The developer shall also note on his definitive
plan that any and all lots within the subdivision are subject to the
restrictions of the covenant.
H.
Reduction of bond surety. The penal sum of any such bond or the amount of any deposit held under Subsection G(1) above may from time to time be reduced by the Planning Board and the obligations of the parties thereto released by said Board in whole or in part to a minimum of 10% of the total costs to complete the required improvements specified in Article V. Said costs shall be the costs necessary to complete the required improvements at the time release is applied for.
I.
Release of performance guarantee.
(1)
Upon the completion of improvements required under Article V, 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 may send by registered mail to the City Clerk a written statement in duplicate that the said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with the requirements contained under Article V, such statement to contain the address of the applicant, and the City Clerk shall forthwith furnish a copy of said statement to the Planning Board. If the Planning Board determines that said construction or installation has been completed, it shall notify the City Treasurer in writing that it releases the interest of the City in such bond or deposit and that such bond or deposit shall be returned to the person or persons who furnished the same, or in the case of covenant, it shall issue a written release of the covenant suitable for recording. However, 10% of the total costs to complete the required improvements specified in Article V shall be held by the City for one year after completion of construction or until the streets are accepted by the City, whichever comes first. The total costs shall be those costs necessary to complete the required improvements at the time release is applied for.
(2)
The Planning Board shall request the Commissioner
of Public Works, approximately 60 days before the expiration of the
year, to make an inspection of said street or way or portion thereof
to determine whether or not defects have developed therein, and to
make his recommendation to the Board as to whether or not it should
recommend same to the City Council for the laying out of said street
or way or portion thereof as a public way. If the recommendation is
in the affirmative, the Board shall so recommend to the City Council
forthwith, including in such recommendation, notification that the
year for which the developer is responsible for the maintenance of
said way or portion thereof will expire on a certain date and said
way should be laid out as a public way and the maintenance of same
to become the responsibility of the City.
(3)
Upon the expiration of the year for which the developer
is responsible for maintenance of said way, and said developer has
complied with all the requirements of the Planning Board Rules and
Regulations in accordance with an inspection report of said way from
the Commissioner of Public Works, and the Board has recommended to
the City Council that said way should be laid out as a public way,
any monies held by said Board for the maintenance of said way shall
be returned forthwith to the developer.
(4)
Prior to releasing the City's interest in a performance
bond or deposit or covenant, the Planning Board shall receive from
the applicant the following written statements of approval or 15 days
shall elapse after the request for said approval without action:
(a)
From the Commissioner of Public Works as to
construction of all ways and sidewalks, installation of monuments,
street signs, lights, gutters, and curbs, required grading and drainage,
and planting and seeding.
(b)
From the Board of Health as to the installation
of sewage disposal facilities, if applicable, and adequate lot drainage.
(c)
From the Commissioner of Public Works as to
construction and installation of water and sewer facilities.
(5)
If the Planning Board determines that said construction or installation has not been completed or does not receive the above written statements of approval, it shall specify to the applicant, in writing, by registered mail, the details wherein said construction and installation fail to comply with requirements contained under Article V. Upon failure of the Planning Board to act on such application within 45 days after the receipt of the application by the City Clerk, 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 deposit or release of the covenant as aforesaid, the City Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.
J.
Certificate of approval. 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 City Clerk and sent by delivery or
registered mail to the applicant. If the Planning Board modifies or
disapproves such plan, it shall state in its vote the reasons for
its action and shall rescind such disapproval when the plan has been
amended to conform to the rules, regulations and recommendations of
the Planning Board. Final approval, if granted, shall be subject to
the construction specifications contained herein and shall be endorsed
on the original drawing of the definitive plan by the signatures of
a majority of the Planning Board (or by the signature of the person
officially authorized by the Planning Board) but not until the statutory
twenty-day appeal period has elapsed following the filing of the certificate
of the action of the Planning Board with the City Clerk and said Clerk
has notified the Planning Board that no appeal has been filed. After
the definitive plan as been approved and endorsed, the Planning Board
shall return the original to the applicant.
(1)
The Planning Board may agree to an extension of the
minimum time normally required for action following submission of
a definitive plan and action thereon, upon the written request of
the applicant.
(2)
Approval of the definitive plan does not constitute
the laying out or acceptance by the City of street(s) within a subdivision.
K.
Decision. After the public hearing, the Board in due
course will approve, modify and approve, or disapprove the definitive
subdivision plan submitted. Criteria for action by the Board shall
be the following:
(1)
Completeness and technical adequacy of all submissions;
(2)
Determination that development at this location does
not entail unwarranted hazard to safety, health and convenience of
future residents of the development or of others because of possible
natural disasters, traffic hazard, or other environmental degradation;
(4)
Determination and selection of preferred plan, based
upon alternatives presented in the comprehensive impact analysis (where
submitted), that the subdivision will not cause substantial and irreversible
damage to the environment, which damage could be avoided or ameliorated
through an alternative development plan; that all adverse impacts
upon water, sewer and street systems will be adequately mitigated;
and that recreation, open space and scenic values are adequately provided
for;
(6)
Conformity with all applicable zoning requirements;
and
(7)
Consistency with the purposes of the Subdivision Control
Law.
