Only those plans which constitute "subdivisions," as that term is defined in § 358-2.4, require the approval of the Board. However, all plans, whether "subdivisions" within the meaning of the law or not, must be reviewed by the Board before any approval is given, or before an endorsement is made that the plan does not constitute a subdivision and therefore does not require approval. The Register of Deeds of Nantucket shall not record any plan showing a division of a tract of land into two or more lots, and ways, whether existing or proposed, providing access thereto, unless 1) such plan bears an endorsement of the Planning Board that such plan has been approved by the Planning Board, and a certificate by the Town Clerk is endorsed on the plan, or is separately recorded and referred to on said plan, that no notice of appeal was received during the 20 days next after receipt and recording of notice from the Planning Board of the approval of the plan, or, if an appeal was taken, that a final decree has been entered by the court sustaining the approval of the plan, or 2) such plan bears an endorsement of the Planning Board that approval of such plan is not required, or 3) the plan is accompanied by a certificate of the Town Clerk that it is a plan which has been approved by reason of the failure of the Planning Board to act thereon within the time prescribed, or that it is a plan submitted pursuant to MGL c. 41, § 81P and that it has been determined, by failure of the Planning Board to act thereon within the prescribed time, that approval is not required. In order to obtain a permit for the erection of a building on a lot, a way giving access to such lot must appear on a plan recorded at the Nantucket Registry of Deeds or entitled to be recorded under MGL c. 41, § 81X.
No plan for review, whether for approval or for endorsement
of "approval not required," shall be accepted as a submittal unless
and until all information necessary for such review, as described
herein under the applicable provisions of submission requirements,
are fully provided, unless waived in writing by the Board. At the
time of submission, a determination shall be made by the Planning
Board, or its designee, using a checklist, that the submission materials
are either complete or incomplete. If the submission has been determined
to be incomplete, the plan shall be returned to the applicant either
in person or by certified mail with a letter indicating that insufficient
information has been provided, making it impossible for the Board
to adequately review the plan, to approve the plan or endorse the
plan "Approval Not Required." Incomplete plans shall not be considered
submittals and shall not be considered the start of any time limits
within which the Board is required to act under various provisions
of state law.
The following provisions apply to all plans for which "Approval
Not Required" endorsement is desired.
A.
"Approval not required" plan submission requirements. Any person
may submit a plan seeking endorsement that the plan does not require
approval under the Subdivision Control Law by providing the Board
with the following:
(1)
An original plan on linen or reproducible Mylar and two paper
prints of the plan showing:
(a)
The area, frontage and dimensions of the lot or lots requiring
endorsement and any contiguous lots in common beneficial ownership
whose dimensions are altered by the plan having area or frontage less
than twice the prevailing required area and/or frontage for the zoning
district in which the land is located. In a case where said contiguous
lots have less than twice the required frontage but more than twice
the area, only the frontage shall be shown on the plan.
(b)
The date of the plan, scale, North point.
(c)
The names of the record owner and the applicant, and the name,
seal and signature of the registered surveyor.
(d)
Abutting properties, with the names of owners from the most
recent tax list and showing all relevant abutting lot lines.
(e)
Zoning classification data, wetlands and floodplains.
(f)
The Assessor's map and parcel number as it is recorded on the
official Tax Maps of Nantucket and recently recorded plans for the
parcel.
(g)
The name(s) of the way(s) on which the lots front.
(h)
The physical condition of the way(s) shown on the plan, including
actual width, surface condition and available drainage.
(i)
An area set aside for the signatures of Board members, file
number and date of endorsement, preceded by the words "Approval Under
the Subdivision Control Law Not Required, Nantucket Planning Board."
(j)
A locus plan at a scale of at least one inch equals 2,000 feet,
containing sufficient information so that the land can be readily
located, including streets bounding on or near the property.
(k)
Each plan shall contain a note or notes as to the compliance of each lot shown thereon with the lot area requirements as provided in Chapter 139, Zoning, § 139-2A and § 139-16A, of the Code of the Town of Nantucket. The Mylar plan shall show the entire area of such lot as computed pursuant to the minimum technical standards for surveys as set forth under 250 CMR 6.01, including such areas subject to protection under the State Wetlands Protection Act.
[1]
The notes to be set forth on each such plan, as applicable in
each individual instance, shall be substantially to the following
effect:
"The Planning Board determines that:
[a]
Lot(s) _____ is/are subject in part to protection
under the Massachusetts Wetlands Protection Act, but contain sufficient
lot area, as defined in the Nantucket Zoning Bylaw, to comply with
the applicable zoning requirements. A Notice of Intent may be required
to be filed with the Nantucket Conservation Commission with regard
to proposed construction on such lot(s)."
[b]
Lot(s) _____ does (do) not contain areas subject
to protection under the Massachusetts Wetlands Protection Act which
are required to be excluded from lot area under the Nantucket Zoning
Bylaw, but still may be subject to protection under State and Local
Wetland Bylaws. Determination of applicability may be obtained through
application to the Conservation Commission."
[c]
Lot(s) _____ contains inadequate lot area, as defined
in the Nantucket Zoning Bylaw, to comply with minimum area requirements
applicable under such bylaw."
[2]
To enable the Board to make such findings, a third separate paper print shall serve as a worksheet to determine lot area compliance with zoning. This print shall show the full area of the lot, and shall also show the full area computed in accordance with Chapter 139, Zoning, of the Code of the Town of Nantucket. The boundary of each such area subject to protection under the State Wetlands Protection Act which is excluded from lot area under Chapter 139 of the Code of the Town of Nantucket shall be clearly shown and labeled upon each such plan. A note shall be included on this plan which shall be substantially to the following effect:
"Wetlands lines are approximate and for purposes of determining
zoning compliance only."
[3]
Any necessary supporting documentation shall be submitted along
with the worksheet plan as part of the submission and will be kept
on file with signed plans at the Planning Board office.
(2)
A properly executed Form A application as shown in Appendix
B.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(3)
Necessary evidence to show that the plan does not require approval,
which shall include the precise legal ownership of the way(s) and
proper positive documentation that every lot within the divided tract
has frontage either on a public way or a way which the Town Clerk
certifies is maintained and used as a public way or a way shown on
a plan theretofore approved and endorsed in accordance with the Subdivision
Control Law; or a way in existence on February 16, 1955, having, in
the opinion of the Planning Board, sufficient width, suitable grades
and adequate construction to provide for the needs of vehicular traffic
in relation to the proposed use of the land abutting thereon or served
thereby, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon. All plans
seeking "Approval Not Required" endorsement shall be accompanied by
adequate evidence that there is practical interior access to the proposed
house sites. Plans and profiles of access roads previously approved
by the Planning Board which do not provide frontage for any lot shown
on a subject plan shall not be construed as a way shown on a plan
theretofore approved and endorsed in accordance with the Subdivision
Control Law.
B.
"Approval not required" plan filing procedures.
(1)
Persons seeking endorsement of plans "Approval Not Required"
shall submit such plans, either by mail or in person, to the Nantucket
Planning Board, the Town and County Building, 16 Broad Street, Nantucket,
Massachusetts 02554. In order to be included in the agenda for consideration
at a Planning Board meeting, the plan must be submitted to the Planning
Board office before 12:00 noon of the Wednesday before the meeting.
Any plans received after the Wednesday 12:00 noon deadline will automatically
be carried over to the agenda for the following meeting, unless the
Chair, with staff recommendation, determines there are special circumstances
that warrant a late submittal.
(2)
A fee shall accompany the application in an amount set from
time to time by the Planning Board.
(3)
The applicant shall file, by delivery or registered mail, a
notice with the Town Clerk stating the date of submission for such
determination.
C.
"Approval not required" plan action.
(1)
A determination of wetland boundaries from the Nantucket Conservation
Commission may be required in order to verify that the area of one
or more lots complies with zoning requirements. For plans which are
submitted without such determination, and for which a question as
to the accuracy of the delineation of wetland boundaries arises, the
applicant shall obtain a determination from the Conservation Commission.
Failure to do so within the twenty-one-day statutory decision period
shall cause the Planning Board to add a notation to the plan stating
that the lot in question has not been determined to have sufficient
area to comply with zoning requirements and to notify the Building
Department that a building permit shall not be issued until the Planning
Board has been provided satisfactory information to determine that
the lot in question has sufficient area to meet lot area requirements.
(2)
If the Board determines that the plan does not require approval,
it shall forthwith, without public hearing, endorse the plan accordingly.
The plan shall be returned to the applicant so endorsed within 14
days of submission of said plan.
(3)
If the Board determines that the plan does require approval,
it shall, without a public hearing and within 21 days of submission,
notify the applicant and the Town Clerk of the determination.
(4)
If the Board fails to take action within 21 days of submission,
the plan is automatically deemed not a subdivision plan and the Board
shall forthwith make such endorsement. On its failure to do so forthwith,
the Town Clerk shall issue a certificate to the same effect.
D.
Ways in existence. Existing ways will normally be determined by the
Board to provide adequate access to qualify a plan as not constituting
a subdivision only when the layout, design and construction meet the
standards of these rules and regulations.
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 Board in an informal manner,
in order that general approaches, possible use of cluster development,
and potential problems can be freely explored. Pencil sketches and
other illustrations, 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. In some cases, presubmission review may
eliminate the advisability of submitting a preliminary plan. However,
the presubmission review provision is strictly a voluntary procedure
left to the discretion of the applicant. The presubmission review
has no legal status whatsoever, insofar as zoning exemptions are concerned.
A preliminary plan of a residential subdivision may, and a preliminary
plan of a nonresidential subdivision shall, be submitted by the subdivider
for discussion and approval, modification or disapproval by the Planning
Board and the Board of Health. The submission of such a preliminary
plan will enable the subdivider, the Planning Board, and other municipal
agencies to discuss and clarify the problems of such a subdivision
before extensive engineering costs are incurred in the preparation
of the definitive plan.
A.
Submission requirements. Preliminary plans shall be drawn on tracing
paper, or a print thereof, and shall show:
(1)
The subdivision name, boundaries, North point, date, scale,
legend and title "Preliminary Plan";
(2)
The names of the record owner and the applicant and the names
of the designer, engineer and surveyor;
(3)
The names of all abutters, as determined from the most recent
tax list;
(4)
The existing and proposed line of streets, ways, easements,
any public or common areas and lots shown in a general manner;
(5)
A schematic representation of the proposed system of drainage,
including adjacent existing natural waterways;
(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 in a general manner, including areas
of the tract suspected to be floodprone and/or wetlands;
(9)
A vicinity map to appear in the upper right corner of the plan
showing the location of the parcel as it relates to areas of the community
within at least one-half mile of the tract boundaries (suggested scale:
one inch equals 2,000 feet);
(10)
The zoning classification of the land to be subdivided;
(11)
Proposed sewage, water and utility systems, shown in a general
manner; and
(12)
In the case of a subdivision covering less than all of the land
owned by the subdivider in the area of the subdivision, a plan showing,
in a general manner, the proposed overall development of all of said
land.
B.
Filing procedures for preliminary plans.
(1)
An application for consideration of the preliminary plan shall
be accompanied by 12 contact prints of the plan and a filing fee as
set from time to time by the Planning Board. The applicant shall also
file one contact print with the Board of Health.
(2)
The applicant shall give written notice to the Town Clerk of
Nantucket by delivery or by registered mail, postage prepaid, that
the applicant has submitted such a plan.
C.
Plan action for preliminary plans. Within 45 days after submission
of a preliminary plan, the Board shall either approve the plan, with
or without modifications, or the Board shall disapprove the plan.
In the case of disapproval, the Board shall state its reasons therefor.
The Board shall notify the Town Clerk of its action in writing. The
action of the Board shall be on two copies of the preliminary plan,
referenced and attached to any conditions. One copy shall be returned
to the applicant and the other retained by the Board. Approval of
the preliminary plan does not constitute approval of the subdivision
for recording but does facilitate the procedure in securing approval
of the definitive plan. The Rules and Regulations Governing the Subdivision
of Land in effect at the time of its submission shall govern the definitive
plan evolved from such preliminary plan, provided that the definitive
plan is duly submitted within seven months from the date of submission
of the preliminary plan and said definitive plan is ultimately approved.
Such exemptions shall endure for eight years from the date of definitive
plan approval.
The definitive plan of a subdivision shall conform substantially
to the preliminary plan as approved but may constitute only that portion
which is proposed to be recorded and developed at the time. The subdivision
rules and regulations and zoning in effect at the time of the submission
of the preliminary plan shall govern the definitive plan if it is
duly submitted within seven months. Applicants are strongly urged
to schedule a presubmission conference and tour with the Planning
Board and its staff to identify as early as possible any items requiring
special attention.
A.
Submission requirements. An applicant seeking approval of a definitive
plan of a subdivision shall file with the Board the following:
(1)
The original drawings of the definitive plan and 12 prints thereof,
which shall be distributed for review to the following agencies: Conservation
Commission, Department of Public Works, Fire Department and Water
Company.
(2)
A street network plan shall be submitted on 8.5-inch-by-11-inch
paper showing, at a minimum, proposed, existing, and adjacent streets,
names and locations of abutters, North arrow, and any adjacent natural
features.
(3)
A properly executed application in the form shown as Form B
in Appendix B, which form may be changed from time to time by the
Planning Board.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4)
A list of the names and addresses of all abutters, certified
as complete by the Tax Assessor, plus a set of gummed mailing labels
bearing these names and addresses plus a set of certified mailing
materials, i.e., both 1) Receipts for Certified Mail and 2) Domestic
Return Receipts, all appropriately and completely prepared for mailing.
"Abutters" shall be defined as those landowners immediately bordering
the proposed subdivision, those landowners abutting the immediate
abutters, and those landowners located directly across all segments
of streets and ways bordering the proposed subdivision.
(5)
A master plan showing a possible or prospective street and lot
layout for any adjacent unsubdivided land owned or controlled by the
owner or subdivider of the subdivision shall be submitted, unless
such a plan has already been filed with the Board.
(6)
A filing fee shall accompany the application in an amount set
from time to time by the Planning Board.
(7)
In addition to the filing fee, applications shall be accompanied by a check in an amount set from time to time by the Planning Board per linear foot of new or reconstructed interior or perimeter roadway in accordance with Subsection K located herein, to be deposited into a Road Inspection Escrow Account within the Town Treasury, to be kept separate from other funds, the proceeds of which shall be drawn upon from time to time by the Board to pay for costs associated with the inspection of the applicant's required public improvements.
(9)
Notice to Town Clerk. The applicant shall give written notice to the Town Clerk by delivery or by registered mail, postage prepaid, that the applicant has submitted such a definitive plan, accompanied by a copy of the application, within 48 hours of submission. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor to the person who delivered such notice. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land; and the facts stated in such notice shall be taken by the Town Clerk as true, unless contrary is made to appear. If sent by registered mail, the date of the mailing shall be the date of submission of the definitive plan. The definitive plan shall be considered submitted only when all plan requirements specified in Subsections A and B of this section are included, unless waived in writing by the Board, as provided in § 358-2.5.
(10)
The Planning Board shall require the submission of storm drainage
runoff flow calculations in order to evaluate the drainage plan.
(11)
Site analysis report and map.
(a)
An applicant seeking approval of a definitive plan shall submit, at the time of filing, three copies of a Site Analysis Report and three copies of a Site Analysis Map. Any submission of a definitive plan lacking these documents will be considered incomplete (§ 358-2.8).
(b)
The Site Analysis Map shall be one sheet of drawing paper no
larger than 42 inches by 60 inches and shall show the entire subdivision
at a suitable scale. If the definitive plan includes less than the
preliminary plan from which it was derived, the Site Analysis Map
shall include all the land shown on the preliminary plan. Applicants
are encouraged to use tissue, acetate or Mylar overlays in conjunction
with a paper base map. The base for the Site Analysis Map shall show
tract boundaries, proposed lots, ways, easements, open spaces, landmarks
and existing structures and roads within 100 feet of the tract boundaries.
Overlays using color or black-and-white patterns shall show the following
information:
[1]
Wetlands, including ponds, marshes, bogs, streams
and all areas of the site subject to the Massachusetts Coastal Wetlands
Act, as amended;
[2]
Areas of special flood hazard, as designated by
the Federal Emergency Management Agency (FEMA) as part of the Flood
Insurance Program for Nantucket;
[3]
Areas with severe limitations for on-site sewage
systems, as mapped by the USDA Natural Resources Conservation Service's
Soil Survey of the Island of Nantucket;
[4]
Areas with severe limitations due to seasonal high
water table, as mapped by the USDA Natural Resources Conservation
Service's Soil Survey for the Island of Nantucket;
[5]
Areas where special drainage, erosion and sedimentation
measures will be undertaken. Arrows shall show the predominant drainage
patterns. The location of catchment basins and points of discharge
shall be shown. Two-foot contour lines shall also appear on this map;
[6]
Predominant vegetative cover type, including areas
of the site the applicant feels are important to protect and all areas
containing stands of trees with three-inch caliper or more; and
[7]
Protected areas, including all areas of the tract
permanently kept from being developed by virtue of their being scenic,
access, drainage or slope easements, or through other interest of
fee-simple grants of land to a conservation group or homeowners' association.
(c)
The Site Analysis Report shall be a typed copy on 8.5-inch-by-11-inch
paper with a cover sheet indicating the name of the subdivision, the
owner of the land, the applicant, the engineer/surveyor/land planner
and the date of submission. The report shall consist of a narrative
statement and appropriate data, documenting the likely impact of the
subdivision on the following subject areas with references to the
Site Analysis Map:
[1]
Surface water resources. How will the proposed
subdivision, when fully developed, affect the quality and quantity
of ponds, marshes, bogs, streams and other surface water resources
both on and off the site? What measures have been taken to assure
full compliance with the State Coastal Wetlands Act? Will drainage
easements be used to identify and protect portions of individual lots
subject to the State Coastal Wetlands Act in order that prospective
purchasers of lots in the subdivision will be adequately aware of
the status of their property? What erosion and sediment control measures
will be taken to prevent undue loss of topsoil and sedimentation of
surface waters during construction? Has public access been provided
to significant surface water resources?
[2]
Groundwater resources. How will the proposed subdivision,
when fully developed, affect the quality and quantity of groundwater
resources in the area? Has every effort been made to tie in with the
community-wide sewage system? Have percolation tests been done on
every lot to be used for residential or commercial purposes in the
subdivision?
[3]
Flood hazard. Has the layout of streets and lots
fully reflected the need to protect life and property by properly
locating building lots out of areas of special flood hazard as delineated
by the federal government? Will floodway easements be used to protect
these areas from encroachment and advise lot purchasers of the nature
of their prospective property? Has the proposed system of drainage
taken severe storm damage into account?
[4]
Vegetative cover. Are there any groves of trees
with three-inch caliper or more? If so, what measures have been taken
to protect them? Has the applicant considered cooperating with the
Nantucket Conservation District in reforesting portions of the tract
at minimal cost? Have scenic or access easements or fee-simple grants
of land been employed to protect valuable areas of the site?
[5]
Traffic safety and convenience. Does the subdivision
provide for adequate internal circulation for both pedestrian and
vehicular/bicycle traffic? Is the site served adequately by existing
roads in the area when other subdivisions (both built-up and unbuilt)
are considered? Has the applicant considered tying in with Nantucket's
Island-wide bicycle path system? Has there been sufficient consideration
for tying into anticipated future subdivisions on adjacent tracts
of land now vacant? Will emergency vehicles be able to properly service
this new neighborhood? What form of performance guarantee will be
used for all public improvements? What is the physical condition of
adjacent roads and access roads (width, surface and drainage)? What
is the precise legal ownership of adjacent roads and access roads?
Will the subdivision substantially affect traffic flow and safety
in the area surrounding the subdivision? If so, what mitigating measures
are being undertaken to decrease any detrimental effects?
[6]
Development phasing. When will all the required
public improvements be completed? If this is the first of several
definitive plans based on a larger preliminary plan, when does the
applicant expect to submit other definitive plans? What will be the
maximum number of dwelling units on this definitive plan (including
seasonal cottages)?
[7]
Common open spaces. If the applicant includes in
the plan common open spaces and other neighborhood facilities and
services, how will such areas be owned and maintained (homeowners'
association, trust, condominium association, etc.)? Are these areas
permanently preserved?
(d)
If any questions arise during the public hearing concerning
the aforementioned subject areas, the Planning Board may require complete
and detailed substantiation of any claim by the applicant, which could
include an investigation by an outside consultant.
(12)
Traffic study.
(a)
If, in the opinion of the Planning Board, the size, scale or
location of the subdivision may result in a significant impact on
the surrounding road system, the Board may require the applicant to
submit a traffic study. The study shall be prepared by a professional
engineer specializing in traffic analysis and identify, at a minimum,
the following:
[1]
Internal vehicular circulation patterns.
[2]
Estimated daily and peak-hour vehicle trips.
[3]
The measured daily and peak-hour traffic flows,
both weekday and weekend (nonholiday), measured during the period
between June 15 and September 15, or other times as the Board may
deem appropriate, on public and private roads and key intersections
expected to be impacted by the project.
[4]
Proposed composite daily and peak-hour traffic
on public and private roads and key intersections; a documentation
of impacts on level of service.
[5]
Suggested remedial measures to mitigate the expected
impacts of the proposed subdivision.
(b)
Applicants are urged to meet with the Planning Board or planning
staff prior to preparation of the study to identify the study area
and the appropriate elements of the traffic study.
B.
Contents of the definitive plan. A definitive plan of a subdivision
shall be drawn on linen or reproducible Mylar by a registered land
surveyor at a scale of one inch equals 40 feet, or such other scale
as the Board may accept to show details clearly and adequately, but
no smaller than one inch equals 100 feet. 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 show the following:
(1)
Subdivision name, if any; boundaries, North point, date, scale,
legend and title "Definitive Plan";
(2)
The names of the record owner(s) and the applicant(s) and the
applicant's engineer and surveyor, and the seal and signature of said
engineer or surveyor;
(3)
The names of all abutters, as determined from the most recent
local tax list;
(4)
Current zoning information, i.e., district, minimum lot size,
front/side/rear yard setbacks, frontage, and ground coverage ratio.
This information shall appear on every sheet in the plan;
(5)
The existing and proposed lines of streets, ways and easements
and their widths; sidewalks, footpaths, bridle and bicycle paths and
their widths; and any public or common areas within the subdivision.
The proposed names of ways shall be shown in pencil until they have
been approved by the Board;
(6)
Sufficient data to determine readily the location, bearing,
and length of every street and way line, lot line, boundary line and
to reproduce same on the ground. At least one bound on each proposed
lot of a subdivision shall show the x and y coordinates relating to
the Massachusetts Coordinate System, Island Zone;
(7)
The location of all permanent monuments properly identified
as to whether existing or proposed;
(8)
Boundary lines of lots, lot areas and lot numbers;
(9)
Names, location and widths of adjacent streets and streets approaching
the subdivision;
(10)
The topography of the land at two-foot contour intervals; location
of areas of the tract suspected to be floodprone and/or wetlands,
and existing and proposed watercourses and ponds. Elevations must
refer to a known benchmark using the half-tide datum plan established
by the U.S. Geological Survey or the National Geodetic Survey;
(11)
A vicinity map to appear in upper right corner of the plan showing
the location of the parcel as it relates to areas of the community
within at least one-half mile of the tract boundaries (suggested scale:
one inch equals 2,000 feet). The vicinity map shall reference the
number of the map and parcel as it is recorded on the official Tax
Maps of Nantucket;
(12)
The zoning classification of the land to be subdivided;
(13)
All existing and proposed municipal services and their appurtenances
shall be shown in such detail as necessary to coordinate all such
services. An approved utility plan (or plans) accurately showing all
electric streetlighting, water, fire alarm, hydrants, sewer, storm
drains, telephone, electric and cable television lines shall be submitted
with the definitive plan. The Board shall review and approve, modify
or disapprove the plans for municipal services and utilities as part
of its approval;
(15)
A signature block to record the action of the Board shall be
located above the title block in the same lower right area of each
sheet;
(16)
Location of curbs and gutters;
(17)
A typical cross-section of road(s) within and outside the subdivision
proposed to be constructed or improved;
(18)
Location of on-site disposal areas for brush and trees to be removed due to the construction of public improvements, if determined by the Planning Board to be appropriate (see § 358-2.50);
(19)
Proposed system of storm drainage, including natural waterways,
man-made systems, and drainage easements, both within and adjacent
to the limits of the subdivision;
(20)
Profiles of proposed streets and utilities may be made on a
separate sheet and shall be drawn at the scale of 40 feet to the inch
vertical; the existing center line shall be shown as fine black solid
line, existing right side line as fine black line with long dashes
and existing left side line as fine black line with short dashes;
a proposed center line shall be shown in red with a line and with
elevations every 50 feet, except that in vertical curves elevations
shall be shown at every twenty-five-foot interval and at PVC and PVY;
all existing intersecting walks and driveways, if any, shall be shown
on both sides as well as the location of existing and proposed drainage
lines and their appurtenances; sizes of all pipes shall be shown as
well as inverts of all pipes at each manhole or catch basin, together
with invert elevation and rim elevation of each manhole or catch basin;
all center lines, street lines and curblines with elevations every
25 feet of streets for 200 feet either side of each intersection on
a connecting street shall be shown. Plans, profiles and cross-sections
of access roads to be improved shall be prepared at the same scale
and in the same format as those drawn for proposed streets;
(22)
Reference to any covenant that may be required shall appear
on the plan;
(23)
Each plan shall contain a note or notes as to the compliance of each lot shown thereon with the lot area requirements as provided in Chapter 139, Zoning, § 139-2A and § 139-16A, of the Code of the Town of Nantucket. The Mylar plan shall show the entire area of such lot as computed pursuant to the minimum technical standards for surveys as set forth under the State Wetlands Protection Act.
(a)
The notes to be set forth on each such plan, as applicable in
each individual instance, shall be substantially to the following
effect:
"The Planning Board determines that:
[1]
Lot(s) __________ is/are subject in part to protection
under the Massachusetts Wetlands Protection Act, but contain sufficient
lot area, as defined in the Nantucket Zoning Bylaw, to comply with
applicable zoning requirements. A Notice of Intent may be required
to be filed with the Nantucket Conservation Commission with regard
to proposed construction of such lot(s)."
[2]
Lot(s)_____ does/do not contain areas subject to
protection under the Massachusetts Wetlands Protection Act which are
required to be excluded from lot area under the Nantucket Zoning Bylaw
but still may be subject to protection under State and Local Wetland
Bylaw. Determination of applicability may be obtained through application
to the Conservation Commission."
[3]
Lot(s) __________ contains inadequate lot area,
as defined in the Nantucket Zoning Bylaw, to comply with minimum area
requirements applicable under such bylaw."
(b)
To enable the Board to make such findings, a third, separate paper print shall serve as a worksheet to determine lot area compliance with zoning. This print shall show the full area of the lot, and shall also show the area of lot as computed in accordance with Chapter 139, Zoning, of the Code of the Town of Nantucket. The boundary of each such area subject to protection under the State Wetlands Protection Act which is excluded from lot area under Chapter 139, Zoning, shall be clearly shown and labeled upon each such plan. A note shall be included on this plan which shall be substantially to the following effect:
"Wetlands lines are approximate and for purposes of determining
zoning compliance only."
(c)
Any necessary supporting documentation shall be submitted along
with the worksheet plan as part of the submission and will be kept
on file with signed plans at the Planning Board office.
C.
Review by Board of Health.
(1)
At the time of filing of the definitive plan, the subdivider
shall also file with the Board of Health two prints of the definitive
plan and comply with other Board of Health requirements, including
percolation tests and test excavations.
(2)
The Board of Health shall, within 45 days after filing of the
plan, report to the Planning Board, in writing, with its recommendation
of 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's health.
(3)
Every building lot so located that it cannot be served by a
connection to the municipal sewer system shall be provided with a
sewage disposal system approved by the Board of Health.
D.
Review by other officials. Before the definitive plan is submitted,
the Planning Board urges that the applicant consult with and obtain
written statements that the proposed improvements shown on a separate
utility plan or road plan and profiles are laid out to the satisfaction
of the following authorities and for the facilities listed below:
(1)
The Chief of the Fire Department as to the location of hydrants,
adequacy of water flow at the hydrant, the layout of a fire alarm
system, including location of boxes and location and installation
of emergency water supply systems for fire fighting.
(2)
The Department of Public Works as to the requirements for provision
for connections to and compatibility with the sewer system and, if
required, the layout and design of the necessary connecting mains,
laterals, manholes, and stubs for such system. In such cases, review
by the DPW Superintendent will include the profiles of the streets.
(3)
The Manager of the Wannacomet Water Company and Siasconset Water
Department as to the location and size of water mains, including service
to the fire hydrants.
(4)
The Nantucket Electric Company as to the requirements for electricity.
(5)
The telephone company as to the location of the telephone lines.
(6)
The Conservation Commission as to the requirements under the
Wetlands Protection Act (MGL c. 131, § 40 and § 40A).
E.
Staking of subdivision. In order to facilitate on-site review by
the various reviewing agencies, the applicant shall, at the time of
filing of the definitive plan, stake and brush cut to a minimum of
five feet the center line of all proposed ways in the subdivision
and shall stake all points where lot lines intersect rights-of-way.
F.
Performance guarantee.
(1)
Before endorsement of its approval of a definitive plan, the
Planning Board shall require that the construction of ways and the
installation of municipal services be secured by one of the four methods
listed below, or a combination of methods which, from time to time,
may be varied by the applicant upon approval of the Board:
(a)
By a proper bond, sufficient in the opinion of the Planning
Board to secure performance of the construction of ways and the installation
of municipal services required for lots in the subdivision shown on
the plan; and the Planning Board may require that the applicant specify
the time within which such construction shall be completed.
(b)
By a deposit of money or negotiable securities sufficient in
the opinion of the Planning Board to secure performance of the construction
of ways and the installation of municipal services required for lots
in the subdivision shown on the plan; and the Planning Board may require
that the applicant specify the time within which such construction
shall be completed.
(c)
By a covenant, executed and duly recorded by the owner of record,
running with the land, whereby such ways and services shall be provided
to serve any lot before such lot may be built upon or conveyed, other
than by mortgage deed; provided that a mortgagee who acquired 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 provided that no lot shall be
built upon until such ways and services have been provided to serve
each lot; and provided, further, that 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. A deed
of any part of the subdivision in violation hereof shall be voidable
by the grantee prior to the release of the covenant but not later
than three years from the date of such deed. A suggested, but not
required, form of the covenant is given by Form I in Appendix B,[2] which form may be changed from time to time by the Planning
Board. Any covenant given under the preceding paragraph and any condition
required by the Board of Health shall be either inscribed on the plan
or contained in a separate document, referred to on the plan.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(d)
By delivery to the Planning Board of an agreement executed after
the recording of a first mortgage covering the premises shown on the
plan or a portion thereof given as security for advances to be made
to the applicant by the lender, 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 Planning Board
and otherwise due the applicant to secure the construction of ways
and the installation of municipal services. Said agreement shall also
provide for a schedule of disbursements which may be made to the applicant
upon completion of various stages of the work, and shall further provide
that in the event the work is not completed within the time set forth
by the applicant, any funds remaining undisbursed shall be available
for completion.
(2)
The penal sum of any such performance guarantee described under Subsection F(1)(a), (b) or (d) shall bear a direct and reasonable relationship to the expected cost, including the effects of inflation, necessary to complete the subject work. Such amount or amounts shall from time to time be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed.
(3)
The form of the performance guarantee may be as given by Form
G or Form I in Appendix B,[3] or as otherwise required by the Board, and shall be contingent
upon the completion of said improvements within two years of the date
of the agreement. At the discretion of the Board, a time extension
may be granted for a period not to exceed one year, provided such
an extension may be conditioned upon an increase in the amount of
such bond or security as determined by the Board.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4)
The failure of the applicant to complete the required construction
of ways and installation of municipal services within two years from
the date of the agreement shall be grounds for the rescission of the
approval of the plan.
G.
Public hearing. Before approval, modification and approval or disapproval
of the definitive plan, a public hearing shall be held by the Board
after proper advertisements and notification of abutters as provided
by MGL c. 41, § 81T of the Subdivision Control Law.
H.
Plan action.
(1)
After the public hearing, the Board shall approve or, if such
plan does not comply with the Subdivision Control Law, these rules
and regulations or recommendations of the Board of Health, shall modify
and approve, or disapprove the definitive plan. In the event of disapproval,
the Board shall state in detail wherein the plan does not conform
to the rules and regulations and recommendations of the Board of Health
and shall revoke its disapproval and approve a plan which, as amended,
conforms to such rules and regulations or recommendations.
(2)
In the case of a nonresidential subdivision where a preliminary
plan has been duly submitted and acted upon or where 45 days have
elapsed since submission of the preliminary plan, and then a definitive
plan is submitted, the failure of the Planning Board either to take
final action or to file with the Town Clerk a certificate of such
action regarding the definitive plan submitted by an applicant within
90 days after such submission, or such further time as may be agreed
upon at the written request of the applicant, shall be deemed to be
an approval thereof. Notice of such extension of time shall be filed
forthwith by the Planning Board with the Town Clerk.
(3)
In the case of a subdivision showing lots in a residential zone,
where a preliminary plan has been acted upon by the Planning Board
or where at least 45 days have elapsed since submission of the preliminary
plan, and a definitive plan is submitted, the failure of the Planning
Board to take final action or to file with the Town Clerk a certificate
of such action on the definitive plan within 90 days after such submission,
or such further time as may be agreed upon at the written request
of the applicant, shall be deemed to be an approval thereof. Notice
of such extension shall be filed forthwith by the Planning Board with
the Town Clerk.
(4)
In the case of a subdivision showing lots in a residential zone,
where no preliminary plan has been submitted and acted upon or where
45 days have not elapsed since submission of such preliminary plan,
and a definitive plan is submitted, the failure of the Planning Board
either to take final action or to file with the Town Clerk a certificate
of such action regarding the definitive plan submitted by an applicant
within 135 days after such submission, or such further time as may
be agreed upon at the written request of the applicant, shall be deemed
to be an approval thereof. Notice of such extension of time shall
be filed forthwith by the Planning Board with the Town Clerk.
(5)
In addition to filing a certificate of its action with the Town
Clerk, a copy of which shall be recorded by the Town Clerk, in a book
kept for this purpose, the Board shall also send notice of such action
by registered mail, postage prepaid, to the applicant at the address
stated on the application.
(6)
In the case of approval of a plan by action of the Board, after
the expiration of 20 days without notice of appeal to the Superior
Court or Land Court, or if appeal has been taken after the entry of
a final decree of the court sustaining the approval of such plan,
the Board shall cause to be made upon the plan a written endorsement
of its approval. The applicant shall have submitted to the Board a
set of plans appropriately prepared for said endorsement and shall
have included with these plans a road layout plan reduced to fit 8.5-inch-by-11-inch
paper. In case of the approval of such plan by reason of the failure
of the Board to act within the time prescribed, the Town Clerk shall,
after the expiration of 20 days without notice of appeal to the Supreme
Court or Land Court, or, if appeal has been taken, after receipt of
certified records of the Supreme Court or Land Court indicating that
such approval has become final, issue a certificate stating the date
of the submission of the plan for approval, the fact that the Board
failed to take action and that the approval resulting from such failure
has become final. The plan bearing such endorsement or the plan and
such certificate, as the case may be, shall be delivered by the Board,
or, in the case of the certificate, by the Town Clerk, to the person
who submitted such plan.
I.
Modification, amendment, or rescission of approved plans.
(1)
The Board, on its own motion or on the petition of any interested
person, has the power to modify, amend, or rescind its approval of
a plan, or to require a change in a plan as a condition of its retaining
the status of an approved plan. All of the provisions of the Subdivision
Control Law and these rules and regulations relating to the submission
and approval of a plan shall, so far as apt, be applicable to the
approval of the modification, amendment or rescission of such approval
and to a plan that has been changed under this subsection.
(2)
No modification, amendment or rescission of the approval of
a plan or change in such plan shall affect the lots in such subdivision
which have been sold or mortgaged in good faith and for a valuable
consideration subsequent to the approval of the plan, or any rights
appurtenant thereto, without the consent of the owner of such lots,
and of the holder of the mortgage or mortgages, if any, thereon.
(3)
So far as unregistered land is affected, no modification, amendment
or rescission of the approval of a plan nor change in a plan under
this subsection shall take effect until:
(a)
The plan as originally approved, or a copy thereof and a certificate
copy of the vote of the Board making such modification, amendment,
rescission or change, and any additional plan referred to in such
vote, have been recorded;
(b)
An endorsement has been made on the plan originally approved
as recorded referring to such vote and where it is recorded; and
(c)
Such vote is indexed in the grantor index under the names of
the owners of record of the land affected.
(4)
So far as registered land is affected, no modification, amendment
or rescission of the approval of a plan nor change in a plan under
this section shall take effect until such modification, amendment
or change has been verified by the Land Court pursuant to MGL c. 185,
and in case of rescission, or modification, amendment or change not
so verified, until ordered by the court pursuant to MGL c. 185, § 114.
J.
Appeal by any person. Any person, whether or not a party to the proceedings,
aggrieved by a decision of the Board of Appeals or by the Planning
Board concerning a plan of a subdivision, or by failure of such a
plan within the required time, or any municipal officer or board,
may appeal to the Superior Court sitting in equity for Nantucket County,
provided that such appeal is entered within 20 days after such decision
has been recorded in the office of the Town Clerk or within 20 days
after the required time aforesaid, as the case may be, and notice
of such appeal is given to the Town Clerk so as to be received within
20 days.
K.
Inspection of improvements.
(1)
General procedure and inspection escrow funds.
(a)
Prior to the endorsement of a plan as approved, and prior to
the return of such plan to the applicant, the applicant shall be required
to deposit with the Treasurer of the Town an amount set from time
to time by the Planning Board times the number of linear feet of proposed
or reconstructed ways located within and outside of the boundaries
of the subdivision. The Planning Board shall direct the Treasurer
to expend such funds to pay for all reasonable design review, construction
inspection services and subdivision modification design reviews by
its engineer or other professional persons required to assist the
Planning Board in its determination as to the adequacy of the definitive
plan with regard to the Subdivision Control Law and these rules and
regulations and as to the adequacy of the subdivision construction
and any design modifications to the plan and changes made in the field.
(b)
However, no such payment shall be directed until 14 days after
a photocopy of the bill purporting to represent charges for such services
and review has been sent, by certified mail, to the applicant. The
balance of this account shall at no time be less than 1/2 the initial
deposit, and the applicant shall deposit with the Treasurer such additional
funds as are required to restore the account to the amount of the
initial deposit upon notice from the Board, by first class mail, that
the amount on deposit has been decreased by the expenditures described
herein to an amount at or near 1/2 the initial deposit. The account
shall be closed and the remaining funds returned to the applicant
when, in the opinion of the Board, all work required by the approved
plan, any conditions placed upon such approval, and any subsequently
approved modifications and these rules, and all inspections required
by these rules, have been completed.
(c)
The failure of the applicant to make the initial deposit, and
to maintain the account in accordance with this subsection, shall
be grounds for rescission of the approval of the plan and for disapproval.
(d)
The full cost of any special nonscheduled inspections deemed
necessary by the failure of construction to proceed entirely in accordance
with the approved plan, or as a result of any question concerning
the accuracy of any data provided by the applicant at any time, shall
be borne by the applicant.
(e)
In the event the Planning Board denies approval of a plan, the
account shall be closed and the unexpended funds returned to the applicant
within 21 days from the date the subdivision plan was denied an approval.
(f)
The Planning Board, in its discretion, may waive or refund the
inspection fee in whole or in part to the extent the Board determines
that professional or other services were not required in consideration
of the definitive plan.
L.
"As built" plans, profiles and cross-sections.
(1)
Prior to release from the performance guarantee of the last
20% of the lots in a subdivision, the applicant shall submit "as built"
plans and profiles, and cross-sections showing the actual constructed
interior and access road(s), including any curbing, shoulders, sidewalks/bicycle
paths, drainage facilities, invert and top-of-frame elevations for
drainage structures, utility service connections (including sewer,
water, electric, etc.), utilities (including sizes, materials, and
locations), "as built" contours for detention and retention basins
with contour intervals matching those depicted on the subdivision
plan, landscaping installed as per the definitive plan approval, and
other appurtenances as may have been required to be constructed. "As
built" plans, profiles and cross-sections shall be prepared at the
same scale and in the same format as those which accompanied the definitive
plan. Plans and profiles shall be prepared using data points no less
frequently than every 50 feet, except within 50 feet on either side
of any catch basins, in which case data points shall be every 25 feet.
Plans and profiles shall also show the locations of structures, such
as drainage facilities, water lines, sewer lines, electrical, telephone
and cable TV lines and their appurtenances.
(2)
Cross-sections of the right-of-way showing paving surface, curbing,
shoulders and sidewalks/bicycle paths shall be submitted for sections
every 200 feet as measured from the center line of adjoining streets.
Nine elevation points shall be shown across the right-of-way, including
center line of road, five feet off center line in both directions,
both edges of surface, edge of right-of-way, top of slope or toe of
slope and edge of shoulders. Two-inch or greater core samples shall
be taken and reported along with each cross-section to determine thickness
of paving material, said samples to be determined by the Planning
Board.
(3)
"As built" plans, profiles and cross-sections shall be prepared
by, bear the stamp of, and be signed by a Registered land surveyor
or registered engineer, and shall include the following statement:
"I hereby certify that the plans, profiles and cross-sections included
herein were prepared as the result of survey work performed on the
ground and represent conditions in the field as they existed on __________
(date)."
M.
Acceptance of water and sewer lines.
(1)
All water lines shown on the subdivision plan shall be offered
for acceptance to the local municipal water company prior to the final
release of security for the subdivision.
(2)
All sewer lines shown on the subdivision plan shall be offered
for acceptance to the Town or County of Nantucket prior to the final
release of security for the subdivision.
N.
Roadway maintenance and open space management.
(1)
The Planning Board shall require the formation of a homeowners'
association for subdivisions containing common open areas and/or ways
which will remain private, the purpose of which is to maintain said
private ways and open spaces for the protection of the lot owners
in the subdivision.
(2)
In cases where a home owners' association is required, there
shall be written into each deed out for every building lot in the
subdivision a set of covenants and restrictions, the form and content
of which shall be subject to the review and approval of the Planning
Board, which shall provide for the following:
(a)
Establishment of a maintenance trust fund to be drawn upon from
time to time by the association to perform needed maintenance to and
reconstruction of private roads, as well as maintenance of common
open spaces in the subdivision. Said fund shall consist of two parts:
[1]
A maintenance endowment shall be established by the developer in
the amount of $200 per lot, prior to the release of any lot in the
subdivision. The principal amount of the endowment shall not be drawn
upon by the association for at least 25 years from the date of its
establishment, at which time it may be drawn upon for maintenance
or reconstruction of roads.
[2]
Annual maintenance deposits shall consist of interest generated by
the endowment and annual assessments made to association members,
the amount of such annual assessment to be established by majority
vote of the association.
