Persons seeking the subdivision of land to be recorded shall submit
a definitive plan showing the subdivision of land to the Planning Board and
to the Board of Health for final approval, approval with modifications, or
disapproval by each Board in accordance with the following rules and regulations.
A.
The submission should be based on the preliminary review
process and should contain all changes and modifications suggested by the
various boards and Town consultants under the auspices of the Planning Board.
B.
The applicant seeking approval of the definitive plan
shall submit the following:
(1)
Four full-size paper prints of the plans and calculations
as specified below.
(2)
A filing fee per the fee schedule in the Appendix.[1] The fee shall be made payable to the Town of Marblehead at the
time of the filing of the definitive plan for the purposes of partially covering
the estimated expenses incurred for consulting engineering for plan review,
advertising, notices, etc., in connection with the approval of the plan.
[1]
Editor's Note: The appendix material is on file in the Planning Board
office.
(3)
Any other information required and previously requested
by the Planning Board and other boards during the preliminary plan review
process, if applicable.
(4)
A certified list of all abutters (see definition) per
the most recent tax list (refer to Appendix for form).
(5)
Form C application, properly executed (refer to Appendix).
C.
The applicant shall also file a notice with the Town
Clerk stating the date of submission of the definitive plan. The notice to
the Town Clerk shall be accompanied by a copy of the completed Form C application,
including the time in which the applicant agrees to complete the ways and
utilities.
D.
The applicant shall also submit one set of full-size
paper prints to each of the following Town boards: Board of Health, Conservation
Commission, Police/Fire, Highway Superintendent, and Town Counsel.
The definitive plan shall consist of a title sheet, lot layout plan(s),
street plan and profile sheet(s), topography plan(s) and a soil survey. Required
certifications are listed below. All plans shall be drawn with ink at the
scale of one inch equals 40 feet on sheets not larger than 24 inches by 36
inches on mylar or linen. Each sheet shall have a North arrow, graphic bar
scale, proposed and existing street names, sheet number (i.e., Sheet 3 of
7), and a title block titled "Definitive Subdivision of Land in Marblehead."
The title block shall include the name of the subdivision, name and address
of the landowner (and applicant, if different), name and address of the surveyor,
name and address of the engineer, and date of preparation. Each sheet shall
have a signature block for Planning Board members and the Town Clerk.
A.
Title sheet. The title sheet shall include the following:
(1)
Index of drawings, general legend (if applicable) and
general notes (if applicable).
(2)
In the event that the lot layout plan requires more than
one sheet, a key plan of the subdivision shall be prepared to a scale that
will fit on one sheet indicating the area covered by each sheet of the lot
layout plan. The key plan shall show all boundary lines and the names of all
abutters, as determined from the most recent tax list, in their proper relative
locations. The key plan shall show the existing and proposed lines of streets,
ways, easements, public or common areas and building lots, zoning classification
(with zoning boundaries if two districts exist), zoning overlay districts
(if applicable), deed references, and proposed names of new streets.
(3)
Locus map at a scale of one inch equals 1,000 feet showing
subject site relative to surrounding area and indicating major roads. A blowup
of a USGS plan is acceptable.
(4)
Certification by a registered civil engineer and/or land
surveyor.
B.
Lot layout plan. The lot layout plan shall include the
following:
(1)
Dimension and direction of all boundary lines.
(2)
Areas of all proposed lots, with said lots designated
numerically and in sequence.
(3)
Dimension and direction of existing and proposed easements
and their purposes.
(4)
Covenants or restrictions applying to the land and their
purposes, whether they are in the subdivision, public or common area, or outside
the subdivision.
(5)
Existing and proposed permanent monuments.
(6)
Location of ways and name and present width of streets
bounding, approaching or within 500 feet of the subdivision.
(8)
Certification by a registered land surveyor.
C.
Street plan and profile. There shall be a street plan
and profile of each street in the subdivision drawn to a horizontal scale
of one inch equals 40 feet and a vertical scale of one inch equals four feet.
Benchmark elevations are to be based upon NGVD of 1929. Plan and profile sheets
include the following:
(1)
Sufficient dimensional information to readily determine
the location, direction, length and width of each street, way and easement
so that they can be established on the ground.
(2)
All existing and proposed overhead and underground utilities
shown on plan. Drainage lines will be shown on both plan and profile. A table
shall list structure inverts, rim elevations, station numbers, sizes and slopes
of pipes.
(3)
All curbing in plan, identifying type of curbing.
(4)
The existing ground profile along the proposed center
line and both side lines of the right-of-way. (Different dashed line symbols
will designate one from another.)
(5)
The proposed center-line profile showing gradients and
vertical curves, including labels indicating length, K value and design safe
sight stopping distance.
(6)
Existing and proposed center-line grades on fifty-foot
stations (twenty-five-foot stations on vertical curves); center-line grades
of low points for sag curves and high points for crest curves.
(7)
Road stations shown on both plan and profile.
(8)
Lot corners and side line extensions in plan.
(9)
All buildings, walks, drives and other existing site
features within 100 feet (either side) of the street center line.
(10)
Certification by a registered civil engineer.
D.
Topography and grading plan. The grading plan(s) shall show within the road right-of-way the existing and proposed topography at a one-foot contour interval. Existing topography will be based on recent actual field surveys and/or controlled aerial survey. The same vertical datum as specified above shall be used. This plan shall show (within 150 feet, either side, of the proposed road center line) the major site features as required in § 258-10A(8). This plan will show any proposed or existing roads, ways, or paths traversing the site indicating the condition and status of the same. Property line dimensions are not required on this plan. This plan shall show proposed planting of street trees with legend of size and type of planting, unless the applicant chooses to produce a separate landscaping plan. Streetlighting and sidewalks shall be shown. The wetland resource areas as determined by the Conservation Commission shall be graphically shown on this plan. This plan shall be certified by a registered civil engineer.
E.
Soil survey plan. The soil survey shall include the information as required for the preliminary plan [see § 258-10A(13)]. In addition, the soil survey plan shall show locations of enough deep hole tests and percolation tests to prove each lot is suitable for individual on-site sewage disposal systems as proposed. A soils report prepared by a registered civil engineer or soil scientist or sanitaria will be submitted as part of these requirements.
F.
Impact analysis. The Board may request environmental
and/or financial impact studies which demonstrate that available alternatives
have been explored and provide evidence that the plans submitted represent
the best environmental and/or financial interests of the Town. For projects
over 10 house lots and for all nonresidential subdivisions, an impact analysis
is required. The impact analysis shall be prepared by a bona fide land planner
and/or registered civil engineer. Refer to Appendix for the outline of impact
analysis.[2]
[2]
Editor's Note: The appendix material is on file in the Planning Board
office.
G.
Drainage calculations. As specified under § 258-17C(3).
A.
Review of the Board of Health.
(1)
The Board of Health shall, within 45 days after submission,
report to the Planning Board in writing its approval or disapproval of said
plan. Approval from the Board of Health of the definitive plan shall not be
treated as, nor deemed to be, approval of a permit for the construction and
use of any individual sewage disposal system on any lot contained therein.
(2)
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 or are
unsuitable because of drainage conditions and, where possible, shall make
recommendations for the adjustment thereof.
B.
Review of other Town officials.
(1)
The Planning Board will (at its discretion) obtain the
appropriate recommendations from the following Town officials prior to making
its final determination:
(a)
Highway Superintendent and/or Board's agent for review
of the design of the street system and other infrastructure, location of easements
and the relationship to existing ways and drainage systems, and sight distances
to and from the site at subdivision entrances.
(b)
Fire Department for recommendations as to locations and
adequacy of water for fire extinguishing purposes and emergency access.
(c)
Police Department for recommendations as to vehicular
and pedestrian traffic, access for emergency vehicles, and street names.
(d)
Conservation Commission for review of the environmental
impacts of the subdivision infrastructure on existing wetlands, streams, wildlife
and other natural resources, and open space considerations.
(e)
Town Counsel for review of easements, agreements, and
performance guarantee.
(2)
The Board may require the applicant to obtain written
statements from the above Town officials prior to the approval of the definitive
plan.
C.
Public hearing.
(1)
Before approval, modification and approval, or disapproval
of the definitive plan, a public hearing shall be held by the Board. Notice
of such hearing shall be given by the Board (at the expense of the applicant)
in a newspaper of general circulation in the Town, once in each of two successive
weeks, the first publication being not less than 14 days before the day of
such hearing and/or by posting such notice in a conspicuous place in Town
Hall for a period of not less than 14 days before the day of such hearing
in accordance with MGL c. 41, § 81T.
(2)
A copy of said notice shall be mailed by the Board to
the applicant and all abutters (see definition), as listed on the certified
list of abutters prepared by the applicant for Board of Assessors' certification.
D.
Performance guarantee. Before endorsement of approval
of a definitive plan, the Board will require provisions for the completion
of construction of ways and the installation of Town services in accordance
with the rules and regulations of the Board. The construction of ways and
the installation of municipal services (within the time period specified 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 vary from time to time with the approval
of the Board). Failure to complete construction within the specified time,
or failure to begin construction within 12 months following the date of approval,
will be considered as adequate reason for the Board to rescind, modify, or
disapprove any subdivision (for which a bond and/or covenant has been filed)
as specified under MGL c. 41, § 81W and/or to authorize enforcement
of the bond.
(1)
By a proper bond or by a deposit of money or negotiable
securities sufficient in the opinion of the Board to secure performance of
the construction of ways and the installation of services (including drainage)
required for lots in the subdivision shown on the definitive plan. Such bond
or security, if filed or deposited, shall be approved as to form and manner
of execution by the Town Counsel. (Refer to Appendix for form.[1]) As part of the performance bond or security, the owner agrees
to:
(a)
Complete all improvements in accordance with the Board's
rules and regulations.
(b)
Remove all building materials and rubbish from the subdivision
and leave the subdivision free from hazardous and/or unattractive slopes,
excavations and piles of material within six months of the date of occupancy
of any structure within that area.
(c)
Complete all improvements described above within 12 months
of the start of construction. The owner further agrees that no structure will
be occupied until at least the base course of bituminous concrete (as specified
in these rules and regulations) has been applied to the streets which serve
those structures. No extensions of these limitations shall be granted without
approval of the Board.
(d)
Prepare estimates of cost of performing the various items
of required work and improvements proposed based on the current Mean's Catalog
with 15% for contingencies and an additional adjustment factor for two years'
inflation incorporated in the bond estimate. The applicant shall submit the
same to the Board for review, modification and approval to be used in determining
the necessary total sum of the performance bond.
[1]
Editor's Note: The appendix material is on file in the Planning Board
office.
(2)
By a covenant. The owner shall file a covenant acceptable
to the Planning Board, executed by the owner of record and duly recorded,
running with the land, whereby conditions specified on the certificate of
approval are met, and whereby such ways and services (including drainage)
shall be provided to serve any lot before such lot may be built upon or conveyed
other than by mortgage deed, provided that a mortgagee who acquires title
to the mortgaged premises by foreclosure or otherwise and any succeeding owner
of such premises or part thereof may sell any such lot, subject to that portion
of the covenant which provides that no lot shall be built upon until such
ways and services have been provided to serve such lot, and provided, further,
that nothing herein shall be deemed to prohibit a conveyance of a single deed,
subject to such covenant, of either the entire parcel of land shown on the
definitive plan or of all lots not previously released by the Board. A deed
of any part of the subdivision in violation hereof shall be voidable by the
grantee prior to the release of the covenant but not later than three years
from the date of such deed. (Refer to Appendix for form.[2])
[2]
Editor's Note: The appendix material is on file in the Planning Board
office.
(3)
By an agreement whereby lender retains funds. The applicant
shall deliver to the Board an agreement executed after recording of a first
mortgage covering the premises shown on the definitive plan or a portion thereof
given as security for advances to be made to the applicant by the lender,
which agreement shall be executed by the applicant and the lender and shall
provide for the retention by the lender of funds sufficient in the opinion
of the Board and otherwise due the applicant to secure the construction of
ways and the installation of municipal services (including drainage). Said
agreement shall also provide for a schedule of disbursements which may be
made to the applicant upon completion of various stages of work and shall
further provide that in the event the work is not completed within the time
set forth by the applicant, agreed to by the Board, any funds remaining undisbursed
shall be available to the Board for completion of the project according to
the definitive plans.
E.
Inspection fees. Prior to endorsement of the definitive
plan, the applicant shall be required to submit to the Board an amount, as
specified in the Appendix,[3] to pay for reasonable construction inspection services by an agent
to assist the Board in its determination as to the adequacy of the subdivision
construction.
[3]
Editor's Note: The appendix material is on file in the Planning Board
office.
F.
Certificate of approval.
(1)
The action of the Board in respect to such plan shall
be by vote per the time limits specified in MGL c. 41, § 81U. Extensions
of time between the submission of the definitive plan and Board action thereon
shall be permitted upon written request of the applicant. Copies of the Board's
vote shall be certified and filed with the Town Clerk and sent by delivery
or registered mail to the applicant.
(2)
If the Board votes to modify or disapprove such plan,
then the Board shall state in its vote the reasons for its action. The Board
shall revoke its disapproval when the plan has been amended to conform to
the rules and regulations of the Planning Board or recommendations of the
Board of Health or the other boards.
(3)
Final approval, if granted, 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 Board
with the Town Clerk and said Clerk has notified the Board that no appeal has
been filed. After the definitive plan has been approved and endorsed, the
Planning Board shall return the original to the applicant.
(4)
Approval of the definitive plan does not constitute the
laying out or Town acceptance of ways within a subdivision.
