A.
Submission.
(1)
Any person who wishes to cause to be recorded in the
Registry of Deeds or to be filed with the Land Court a plan of land
and who believes that his plan does not require approval under the
Subdivision Control Law may submit his plan, a description of the
land and Application Form A[1] to the Planning Board accompanied by the necessary evidence
to show that the plan does not require approval.
[1]
Editor's Note: Application Form A is on file
in the office of the Planning Board.
(2)
The original plan and five copies shall be submitted
by delivery at a regularly scheduled meeting of the Board, or by certified
mail, postage prepaid, to the Board. If so mailed, the date of mailing
shall be the date of submission of the plan. In addition, written
notice of such submission using Application Form A shall be given
by the applicant to the Town Clerk by delivery, or by registered mail,
postage prepaid. If notice is given by delivery, the Town Clerk shall,
if requested, give a written receipt to the person who delivered such
notice.
B.
Upon submission of a Form A a filing fee is required. Refer to the Appendix A for the fee.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Contents. The original of the drawn plan shall contain
the following information:
(1)
Title, boundaries, North point, date and scale;
(2)
Name and address of record owner and engineer or surveyor,
if any;
(3)
Frontage and area of any remaining adjoining land
owned by the applicant;
(4)
Suitable space to record the action of the Board and
the signatures of the members of the Board;
(5)
Sufficient data to determine existing lines of every
street and way line;
(6)
Proposed lot boundaries, with areas of lots and lot
frontage; and
(7)
Evidence that each building lot on the plan, or altered
by it, meets one of the following four criteria:
(a)
Has all the frontage required under zoning on:
[1]
A public way, or
[2]
A way which the Town Clerk certifies is maintained
and used as a public way;
[3]
A way shown on a plan approved and endorsed
earlier by the Planning Board under this law;
[4]
A way existing before 18 May 1987, which the
Board finds adequate for the way's proposed use;
[5]
A way shown on a plan of a subdivision registered
in the Land Court prior to 18 May 1987.
(b)
Has been clearly marked on the plan to be either
joined to and made a part of an adjacent lot or "not a building lot";
or
(c)
Constitutes an existing parcel with no new lot
divisions.
D.
Determination.
(1)
In determining whether an existing way is adequate
to qualify a subdivision plan not requiring approval of the Board,
the Board shall consider the following conditions, among others:
(a)
The right-of-way is to be at least 25 feet wide
and of reasonable horizontal alignment;
(b)
That the existing horizontal and vertical alignment
of the roadway provide safe visibility;
(c)
The roadway be constructed at least 18 feet
wide, with at least eight feet of gravel, and with adequate provisions
for drainage;
(d)
If the road could ever service more than six
dwelling units, it be bituminous surfaced, or have provisions made
for such surfacing without cost to the town;
(e)
That provisions are made for public utilities
without cost to the town.
(2)
In determining whether a way has been used and maintained
as a public way, the Clerk shall submit to the Board written evidence
of public maintenance under vote of the town, and of continued substantial
use by the general public without permission of the landowners along
the way, continuous for at least 20 years. Sporadic use, use by a
few persons, or use by agreement of the abutters shall not suffice.
E.
Board action.
(1)
If the Board determines that the plan does not require
approval, it shall forthwith, without hearing and within 14 days of
submission, endorse on the plan by a majority of the Board, or by
a person authorized by the Board, the words "Planning Board approval
under Subdivision Control Law not required." Such endorsement shall
not be withheld unless such plan shows a subdivision. Such plan shall
be returned to the applicant, and the Board shall notify the Town
Clerk of its action in writing.
(2)
If the Board determines that the plan does require
approval under the Subdivision Control Law, it shall, within 14 days
of submission of said plan, give written notice of its determination
to the Town Clerk and to the applicant. Said plan shall be returned
to the applicant.
(3)
The applicant may then submit the plan as provided
for by the rules and regulations of the Board, or he may appeal from
the determination of the Board in the manner provided in MGL c. 41,
§ 81-BB.
(4)
If the Board fails to act upon the plan, or fails
to notify the Town Clerk and the applicant of its action within 14
days after its submission, it shall be deemed to have determined that
approval under the Subdivision Control Law is not required, and the
Board shall forthwith make such endorsement on said plan, and on its
failure to do so forthwith, the Town Clerk shall issue a certificate
to the same effect. The plan bearing such endorsement or the plan
and such certificate, as the case may be, shall be delivered by the
Board, as in the case of the certificate, by the Town Clerk, to the
applicant.
F.
Administration. One print of the plan shall be retained
in the files of the Planning Board and one print each shall go to
the Town Clerk, Select Board, Assessors and Conservation Commission.
[Amended 6-15-2021 ATM, Art. 20]
A.
General. A preliminary plan of a subdivision may be
submitted by the applicant to the Board of Health and to the Board
for discussion and approval by the Board. The submission of such a
preliminary plan will enable the subdivider, the Board, and other
municipal agencies 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.
B.
Submission. If such review and approval are desired,
a properly executed Application Form B[1] shall be filed with the filing fee with the preliminary
plan submitted to the Board. The preliminary plan shall be submitted
by delivery at a regularly scheduled meeting of the Board, or by registered
mail, postage prepaid, to the Board. If so mailed, the date of mailing
shall be the date of submission of the plan. In addition, written
notice of such submission using Application Form B shall be given
by the applicant to the Town Clerk by delivery or by certified mail,
postage prepaid. If notice is given by delivery, the Town Clerk shall,
if requested, give a written receipt to the person who delivered such
notice.
[1]
Editor's Note: Application Form B is on file
in the office of the Planning Board.
C.
Contents. The preliminary plan shall be drawn on tracing
paper 24 inches by 36 inches with pencil at a scale of one inch equals
40 feet, and two prints shall be filed at the office of the Board.
Said preliminary plan shall show sufficient information about the
subdivision to form a clear basis for discussion of its problems and
for the preparation of the definitive plan. Such information shall
include the following:
(1)
Proposed subdivision name or identifying title, boundaries,
North point, date, scale, legend and title "preliminary plan," and
block for approval;
(2)
Name and address of record owner or owners, applicant,
engineer or surveyor or other designer of the preliminary plan layout,
with professional stamp, if any;
(3)
Names of all abutters as they appear in the most recent
tax list, including names of owners of land separated from the subdivision
only by a street;
(4)
Existing or proposed lines of streets, sidewalks,
ways, lots, easements and public or common areas within the subdivision
in a general manner;
(5)
Easements and rights-of-way appurtenant to the land;
(6)
Names, approximate location and widths of streets
adjacent to the subdivision;
(7)
Approximate boundary lines of all proposed lots or
divisions of land with their approximate areas and dimensions; lots
to be numbered in sequence;
(8)
Topography of the land in a general manner at contour
interval based on five-foot intervals, including major features such
as wooded areas, ditches, wetland water bodies;
(9)
Proposed system of drainage, including the location
of all swamp, marsh and lowland, water bodies, streams, open drains
and ditches, natural or man-made, and flowage rights, public and private,
adjacent to or within the proposed subdivision, in a general manner;
(10)
Soil types based on the latest applicable report of
the USDA Soil Conservation Service.
D.
Action by Board.
(1)
The preliminary plan will be studied by the Board,
and within 45 days after submission, the Board shall approve, approve
with modifications suggested by the Board, or agreed upon by the person
submitting the plan, or disapprove the preliminary plan. A disapproval
by the Board will be accompanied by a detailed statement of reasons
for the action.
(2)
Notice of its action must be given by the Board to
the applicant and the Town Clerk within 45 days of the date of submission.
E.
Relation of preliminary plan to definitive plan. Approval
of a preliminary plan does not constitute approval of a subdivision,
and a preliminary plan cannot be recorded in the Registry of Deeds.
If a definitive plan is duly submitted within seven months from the
date of submission of the preliminary plan, and if the definitive
plan is duly approved by the Board, the subdivision rules and regulations
in effect at the time of submission of the preliminary plan shall
govern approval of the definitive plan.
A.
Application procedure.
(1)
Any person who submits a definitive plan of a subdivision
to the Planning Board for approval shall file with the Board the following:
(a)
An original drawing of the definitive plan and
at least five contact prints thereof, dark line on white background.
(c)
A deposit per the fee schedule in Appendix A to cover the cost of advertising, notices, and secretarial costs.[2]
[2]
Editor's Note: The fees schedule is included at the end of this chapter.
(d)
Drainage calculations certified by the engineer
who prepared them;
(e)
A list of names and mailing addresses for all
abutters as they appear on the most recent local tax list, including
property owners on the opposite side of any streets abutting the subdivision;
(f)
Five copies of the proposed street plans and
profiles, and the relationship to existing streets.
(g)
Upon submission of the definitive plan, a filing fee is required by the Board. Refer to Appendix A for the fee.
B.
Contents. The definitive plan shall be prepared by
a registered engineer or registered land surveyor, and shall be clearly
and legibly drawn in an indelible ink on Mylar. The plan shall be
at a scale of one inch equals 40 feet, or such other scale as the
Board may accept to show details clearly and adequately. Sheet sizes
shall not exceed 24 inches by 36 inches. 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)
Subdivision name, boundaries, North point, legend,
date and scale;
(2)
Name and address of record owner and of subdivider,
stamp and signature of registered land surveyor and any other professionals
engaged in the design, in each case certifying that elements of the
plan for which they are responsible have been prepared in accordance
with these regulations; additionally a revision block is required
in the title block;
(3)
Location and names of all abutters as they appear
on the most recent tax list, including property owners on the opposite
side of any streets abutting the subdivision;
(4)
Existing and proposed lines of 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 Board;
(5)
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;
(6)
Location of all permanent monuments properly identified
as to whether existing or proposed;
(7)
Location, names and present widths of streets bounding,
approaching or within reasonable proximity of the subdivision;
(8)
The area of each lot in square feet.
(9)
Lot numbers shown enclosed in a circle and street
numbers enclosed in a square;
(10)
Existing and proposed watercourses and ponds;
(11)
Reference identifying applicable street plans and
profiles, covenants, or other relevant documents, whether right-of-way
is recorded or not;
(12)
At two-foot contour intervals, existing topography
and topography resulting from development of streets, drainage, and
other required improvements;
(13)
Existing and proposed drainage facilities, and the
route, for all existing and proposed drainage discharging from the
subdivision, to the primary receiving watercourse or other body of
water. Cross sections of each drainage ditch or pond shall be included.
If surface water drains will discharge onto adjacent existing streets,
or onto adjacent properties not owned by the applicant, the applicant
shall clearly indicate what course the discharge will take, and shall
present to the Board evidence from his engineer that such discharge
is satisfactory;
(14)
Proposed layout of water supply and sewage disposal
systems. Size and location of existing and proposed water supply mains
and their appurtenances, hydrants, sewer pipes and their appurtenances
and/or sewage disposal systems, storm drains and their appurtenances,
and easements pertinent thereto, and curbs and curb dimensions;
(15)
Location of base flood elevation if encountered within
100 feet of the subdivision;
(16)
Suitable space for endorsement by the Planning Board,
with spaces for annotating date of approval and date of endorsement.
(17)
Major site features such as existing stone walls,
fences, buildings, large trees, rock out croppings, and wetlands.
(18)
Zoning boundaries.
(19)
Existing and proposed easements and rights-of-way
applying to the land and their purpose. (Requirements for assessments
are later discussed in Section IV.B.)(ref)
(20)
Approximate groundwater level and location and results
of soil percolation and other subsurface tests.
C.
Street plans and profiles. For each street, there
shall be a separate plan at one inch equals 40 feet, and profile at
one inch equals 40 feet horizontal, one inch equals 40 feet vertical,
elevations referenced to the town datum, drawn in ink on polyester
film, showing the following data. One copy of this shall be submitted
to the Town Highway Department.
(1)
The plan shall show bearings and distances, radii
and arcs, central angle and tangent distances on all curves with stationing
on the center line.
(2)
The profile shall show the existing ground on the
center line in a solid black line, the existing right side in a short
dashed line, and the existing left side in a long dashed line; the
proposed grade shall be shown in a heavy black line with the elevation
shown at each fifty-foot station, with the rate of grade indicated.
(3)
The grade of all streets intersecting the proposed
streets shall be shown for at least 100 feet each side of the intersection
of the street center line.
(4)
The proposed drainage, catch basins, manholes, pipes
and any other drainage facilities shall be shown on both plan and
profile.
(5)
Existing and proposed sidewalks, bikeways and walkways
shall be shown with widths and grade elevations.
(6)
All plans and profiles shall include a notation on
each drawing that the same is one of an indicated total number of
sheets.
(7)
Proposed sewers and manholes shall be shown in plan
and profile.
(8)
Necessary construction details for curbings, sidewalks,
roadways, etc.
(9)
The proposed erosion and sediment control methods
for handling storm runoff water during construction.
(10)
As well, a prepared Environmental Impact Statement
at the applicant's expense, may be required if the Board deems it
necessary.
(11)
Such additional information as the Board may deem
necessary.
D.
Review procedures.
(1)
Board of Health.
(a)
The Board of Health shall within 45 days of
filing report to the Planning Board in writing with signatures of
a majority of its members its approval or disapproval of the plan,
as required by MGL c. 41, § 81-U. If the Board of Health
disapproves said plan, it shall make specific findings as to which,
if any, of the lots shown on such plans cannot be used for building
sites without injury to the public health, and include such specific
findings and the reason therefor in such report and, where possible,
shall make recommendations for the adjustment thereof. Approval of
the plan by the Planning Board shall then only be given provided that
the applicant documents having reviewed his plan with the Board of
Health, and only on condition that the lots or land as to which specific
findings were made shall not be built upon without prior consent of
the Board of Health. The Board shall endorse on the plan the lots
or land on which said conditions apply. In the event approval by the
Board of Health is by failure to make a report within 45 days, the
Planning Board shall note on the plan that health approval is by failure
to report.
(b)
Any lot so located that it cannot be served
by a connection to the municipal sewer system shall be provided with
an on-site system satisfactory to the Board of Health.
(2)
Conservation Commission. The Conservation Commission
within 45 days of the applicant's filing with the Planning Board shall
review the plan for applicability under the Wetlands Protection Act[3] and issue a set of conditions for said plan, if necessary.
[3]
Editor's Note: See MGL c. 131, §§ 40
and 40A.
(3)
Highway Department. The Highway Department within
45 days of the applicant's filing with the Planning Board shall review
the plan and make recommendations if required.
E.
Action by the Planning Board.
(1)
Public hearing. Before approval of the definitive
plan is given, a public hearing shall be held by the Planning Board.
Notice of such hearing shall be given by the Board at the expense
of the applicant by advertisement in a newspaper of general circulation
in the Town of Barre in each of two successive weeks, the first publication
being not less than 14 days before the day of such hearing. A copy
of said notice shall be mailed by the Board to the applicant and to
all owners of land abutting upon the subdivision as appearing in the
most recent tax list.
(2)
Decision.
(a)
Within 60 days of the public hearing, the Board
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]
Conformity with all applicable zoning requirements;
[3]
Consistency with the purposes of the Subdivision
Control Law;
[4]
Conformity with the Board's design and construction
standards;
[5]
Conformance with the recommendations of the
Board of Health and Conservation Commission.
(b)
Following such action, the Board shall file
a certificate of its action with the Town Clerk, and shall send notice
of its action by registered mail to the applicant at his address stated
in the application.
F.
Performance guarantee. Final approval, if granted,
shall be endorsed on the original drawing of the definitive plan by
the signature of the person officially authorized by 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. Before the Board endorses its approval on the plan, the
applicant shall provide assurances as set out below:
(1)
Final approval with bonds or surety. The applicant
shall either file a surety company 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
as shown on the definitive plan, and as specified in the rules and
regulations. 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. At the discretion of the Board, a time extension may be granted
for a period not to exceed one year, provided that such an extension
may be conditioned upon an increase in the amount of such bond or
security as determined by the Board (further one-year extensions may
also be granted at the Board's discretion).
(2)
Final approval with covenant. Alternatively, the owner
may execute an appropriate covenant, which shall be recorded with
the subdivision plan, stipulating that no lot of the land shown on
the plan shall be sold, or buildings or other structures erected or
placed on, or application for a building permit made with respect
to, any such lot until:
(a)
The streets shown on the subdivision plan and
the streets and any sidewalks, bikeways, walkways or footpaths required
by the Board shown on the plans and profiles have been brought to
subgrade throughout in accordance with the requirements of these rules
and regulations, including the installation of required catch basins,
culverts and other drainage facilities.
(b)
Facilities for water in accordance with the
requirement of the Board of Water Commissioners have been installed
throughout the streets shown on the plan.
(c)
The subdivision plan, bearing the Board's signed
endorsement thereon, and a signed copy of such agreement have been
recorded in the Registry of Deeds or with the Recorder of the Land
Court.
(d)
The approval shall be contingent on the completion
of such improvements within two years of the date of the covenant.
At the discretion of the Board, a time extension may be granted for
a period not to exceed one year. (Further one-year extensions may
also be granted at the discretion of the Board).
(3)
Nothing in this section shall be construed as a limitation
on the authority of the Board to condition its approval of any plan
upon the satisfaction of additional conditions, which shall be endorsed
on the plan or in a separate document to be recorded.
(4)
Following plan approval, endorsement, and recording,
the applicant shall provide the Board with five prints of the definitive
plan, and one copy of final covenants and restrictions, noting book,
page number, and date of recording for each; and five prints of the
street plan and profiles. One copy of the definitive plan shall be
transmitted to the Inspector of Buildings by the Planning Board.
G.
Release of performance guarantee.
(1)
Upon completion of improvements required by this regulation,
the subdivider may request either partial or full release of his bond,
deposit or covenant, by sending a statement of completion and request
for release by registered mail to the Planning Board and to the Town
Clerk. Release will be granted only following written approval by
the Planning Board and any other town officials concerned with the
work performed. Copies of release from covenants or agreements regarding
building or use and occupancy permits shall be sent by the Planning
Board to the Inspector of Buildings, the Town Clerk and the subdivider.
(2)
Partial release. The Board may grant partial release
from such security for partial completion of improvements, provided
that the completed portion provides a reasonable system for circulation
and utilities pending completion of the rest, and provided that appropriate
arrangements have been made for later disposition of such interim
facilities as temporary turnarounds.
(3)
Escrow. The applicant may propose as an alternative
an agreement whereby a lender retains sufficient funds for the completion
of ways and utilities as provided for by MGL c. 41, § 81U,
Paragraph 9.
(4)
Refusal of release. If the Planning 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 and installation
fails to comply with the requirements of the regulation. Failure of
the Board to notify the applicant within 45 days after receipt by
the Town Clerk of a request for release shall terminate all obligations
under a bond, and any deposit shall be returned and any covenant shall
become void. The Town Clerk shall issue a certificate releasing all
interests should the Board fail to act within such 45 days.
(5)
Recision. Failure of the developer to comply with
the construction schedule incorporated into the performance agreement,
or to comply with the subdivision rules and regulations, or any unauthorized
departure from any agreements made or plans submitted and approved,
shall constitute reason for the Planning Board to consider recision
of such approval, in accordance with the requirements and procedures
of MGL c. 41, § 81-W.
H.
Certificate of completion. Upon final completion of
the construction of ways, and the installation of municipal services
in accordance with the subdivision rules and regulations, approval,
conditions, and approved plans, the Board shall issue a certificate
of completion which may be recorded. Such certificate shall not be
issued until the developer satisfies the following conditions:
(1)
Ownership of ways and easements.
(a)
The subdivider shall retain title to the fee
of each street, path, or easement in or appurtenant to the subdivision
until conveyed to the town. Prior to final release of security, the
developer shall submit all necessary documentation for street acceptance,
including plans in form acceptable to the Registry of Deeds, legal
description, easements, list of owners and mortgages of lots having
rights in the street, and any grants of rights necessary.
(b)
Approval by the Board of a definitive subdivision
plan shall not constitute the laying out or acceptance by the Town
of any streets, bikeways, or footpaths within a subdivision.
(2)
As-built plans.
(a)
Upon completion of construction, and before
release of the performance guarantee, the subdivider shall have prepared
and submitted as-built plans at the same scale as the street plans,
which shall indicate the actual location of all the following:
(b)
The accuracy of such as-built plans shall be
certified by a registered land surveyor or registered professional
engineer retained by the subdivider.
