A.
General.
(1)
A preliminary plan of a subdivision may be submitted
by the applicant and 10 prints of it shall be filed with the Planning
Board and one print shall be filed with the Board of Health. The submission
of such a preliminary plan will enable the subdivider, the Planning
Board, the Board of Health, the Water Department, the Highway Department,
the Police Department, the Fire Department, the Planning Board's engineer
and other Town agencies and owners of property abutting the subdivision
to discuss and clarify the details of such subdivision before a definitive
plan is prepared. Therefore, it is strongly recommended that a preliminary
plan be filed in each case. A properly executed application Form B
(see Appendix B)[1] shall be filed with the preliminary plans submitted to
the Planning Board.
[1]
Editor's Note: Appendix B is on file in the
Town offices.
(2)
The applicant shall file by delivery or registered
mail a notice with the Town Clerk stating the date of submission to
the Planning Board for such approval of a preliminary plan and accompanied
by a copy of a properly executed application Form B.
B.
Contents.
(1)
The preliminary plan shall be drawn on tracing paper
or suitable alternative at a scale of 40 feet to the inch unless the
Board authorizes or specifies a different scale. The plan shall form
a clear basis for discussion of the details of the subdivision and
for preparation of the definitive plan. The plan shall contain the
following:
(a)
The subdivision name, if any, boundaries. North
point, date, scale, legend and title "Preliminary Plan" (on each numbered
sheet if the plan comprises several sheets).
(b)
The names of the record owner of the land and
the subdivider and the name of the designer, engineer or surveyor
who made the plan, which shall appear in the lower right-hand corner.
(c)
The names of all abutters, as determined from
the most recent assessors records, unless the applicant shall have
more recent knowledge of such abutters.
(d)
The existing and proposed lines of streets,
ways, easements and any public or common areas within the subdivision,
in a general manner.
(e)
The proposed system of drainage, including adjacent
existing natural waterways, in a general manner. (NOTE: Runoff calculations,
when requested by the Board, should be submitted with preliminary
plan.)
(f)
The approximate boundary lines of proposed lots,
with approximate areas and dimensions.
(g)
The names, approximate location and widths of
adjacent streets.
(h)
The existing and proposed topography of the
land with a two-foot contour interval based on the United States Coast
and Geodetic Survey Datum.
(2)
In addition to the above required items, the Board
requests that the following information essential to the evaluation
of the proposed layout be shown on all preliminary plans:
(a)
The proposed names of the proposed streets and
a number on each lot on each proposed street suitable for an address
number consecutively arranged, odd numbers on the right-hand side,
even numbers on the left-hand side, leading away from the existing
way, or east to west, north to south if between two ways. The Planning
Board reserves the right to name or rename proposed public and private
streets.
(b)
Major existing features of the land, such as
walls, fences, large trees, wooded areas, ledge outcrops, major ditches,
wetlands and water bodies.
(c)
All existing structures above and below ground
(where known), such as buildings, water mains and other pipelines,
polelines, wells and tanks. Water mains within 1,000 feet shall be
indicated.
(d)
The profiles or existing grades and approximate
proposed finished grades of the roadway, and drain and sewer utilities.
(e)
A locus plan in the scale of one inch equals
800 feet shall be shown on the first page.
C.
Board action on preliminary plan. The Planning Board
may disapprove the preliminary plan and state the specific reasons
therefor, or may approve the preliminary plan, with or without modifications,
and may suggest changes to be incorporated on the definitive plan,
after a review of the plan and consultation with the Board of Health,
Engineer to the Planning Board, and the Water, Highway, Fire and Police
Departments of the Town. The approval of the preliminary plan does
not constitute approval of the subdivision and does not entitle the
plan to be recorded, but facilitates the preparation of a definitive
plan meeting the Board's requirements. The Board shall, within 60
days of the submission, notify the applicant by certified mail and
the Town Clerk in writing of its action relative to the preliminary
plan. One copy of the preliminary plan shall be returned to the applicant
with a notation of the Board's action.
A.
General.
(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)
A sepia and 13 prints of each drawing of the
definitive plan, dark line on white background. The original drawing
shall be furnished upon request by the Planning Board and will be
returned when the Planning Board is ready to take action.
(b)
A properly executed application Form C (see
Appendix C),[1] including the time within which the applicant agrees to
complete the ways and install the public utilities in the subdivision.
Form D (see Appendix D),[2] a certified list of abutters (Form E),[3] and a filing and processing fee. (See § 244-7.) The approval of all plans shall be upon the condition that the ways and municipal services or utilities shown thereon shall be completed within the time so specified, or within such further time as may be allowed by the Board, subject to adjustments in the penal sum or amount of the security held and in the construction requirements.
(2)
The applicant shall file by delivery or registered
mail a notice with the Town Clerk stating the date of submission to
the Planing Board of the definitive subdivision plan, accompanied
by a copy of the completed application for approval (Form C).[4] It is strongly recommended that definitive plans be submitted
by appointment, at a regularly scheduled Planning Board meeting.
[4]
Editor's Note: Form C is on file in the Town
offices.
B.
Contents. The definitive plan shall be prepared by
a professional engineer and land surveyor registered in Massachusetts
and shall be clearly and legibly produced on Mylar, polyester film
or other media acceptable to the Board. The plan shall be at a scale
of one inch equals 40 feet or such other scale as the Planning Board
may accept to show details clearly and adequately, and shall include
plans and profiles of each individual street at a scale of one inch
equals 40 feet horizontal and one inch equals four feet vertical.
All elevation shall refer to the United States Coast and Geodetic
Survey Datum. Sheet sizes shall be 24 inches by 36 inches, including
a one-inch border. They shall be accompanied by an index sheet at
a scale of one inch equals 100 feet showing the entire subdivision
and adjacent streets and dimensions of the lots and streets and lot
numbers. The definitive plan shall contain the following information:
(1)
A title, appearing in the lower right-hand corner
of the plan, showing the name of the subdivision, if any; the date;
scale; the names and address of the applicant; and the names, signatures
and professional stamps of the designer, engineer and surveyor who
made the plan.
(2)
North point, boundaries of the subdivision and benchmarks
at intervals of not more than 1,000 feet.
(3)
A key or locus of the subdivision showing the adjacent
existing streets in the scale of one inch equals 800 feet.
(5)
Major existing features of the land, such as existing
waterways, swamps and water bodies, wetlands, designated or otherwise,
natural drainage courses, walls, fences, buildings, large trees, wooded
areas, outcroppings of rock, ditches and all existing structures above-
or below ground.
(6)
Lines of existing and proposed ways or streets, easements,
public or common areas, and lots, differentiating between the existing
and the proposed lines and lots, showing sequential and street numbers
for every lot within the subdivision, and ownership of every lot shown
that is not a part of the subdivision, including all land owned by
the applicant and contiguous to the subdivision. The names of proposed
streets and street numbers of the proposed lots shall be shown in
pencil and inked in upon approval by the Board. The Board reserves
the right to name or rename proposed public and private streets.
(7)
Sufficient data to determine the location, direction
and length of every street and way line, lot line and boundary line,
and to establish these lines on the ground. This shall include the
lengths and bearings of boundary lines of the subdivision perimeter
and of all subdivision lot lines, including lot frontage on the streets,
of the boundary lines of all streets and easements, and the lengths,
radii, tangents and central angles of all curves in lot lines and
street lines. Control points of street lines shall be coordinated
with the Massachusetts Coordinate System. All angle points or intersections
of tangents along the street lines shall be shown. Areas of lots with
lot numbers and the street frontage of adjoining lands of the applicant
not included in the subdivision will be shown.
(8)
Location of all permanent monuments, identified as
to whether existing or proposed.
(9)
Location, names and widths of streets or private ways
bounding, approaching or within 250 feet of the subdivision, showing
both roadway and right-of-way widths.
(10)
Indication of all easements, covenants or restrictions
applying to the land and their purposes, whether or not within the
subdivision, including any decision on appeal or any variances or
special permit granted by the Zoning Board of Appeals applicable to
the land in the subdivision or any buildings thereon.
(11)
If any land within or contiguous to the subdivision
or any part or boundary thereof has been examined, approved and confirmed
by the Massachusetts Land Court, such information shall be noted on
the plan with case numbers and other pertinent references.
(12)
Suitable space to record the action of the Planning
Board and the signatures of the five members of the Planning Board,
including space for reference to any conditions of approval.
(13)
Existing and proposed profiles of proposed streets
at a vertical scale of one inch equals four feet and horizontal scale
of one inch equals 40 feet or other scales acceptable to the Board.
The existing profile shall be shown in fine black line, solid at the
center line, dotted for the left and dashed for the right side line;
the proposed center line shall be shown in heavy red or black line.
Existing and proposed center-line elevations shall be shown at 25
feet stations on vertical curves and at 50 feet stations otherwise,
also at intersections, and proposed street center-line grade shall
be indicated in percent, except on vertical curves. All elevations
shall be on national vertical datum, and benchmark elevations shall
be identified at 1,000 feet maximum interval.
(14)
Existing and proposed topography at two-foot
contour intervals, the boundaries of floodplains based on Flood Insurance
Rate Maps and the highest high-water mark of the last five years.
There shall also be indicated by different symbols the contour line
four feet above said high-water mark.
(15)
Water mains and drains.
(a)
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, data on borings and
percolation tests made and method of carrying water to the nearest
watercourse or easements for drainage as needed, whether or not within
the subdivision. The location, depth and capacity of known existing
underground tanks will be shown.
(b)
If surface water drains will discharge onto
adjacent existing streets or onto adjacent properties now owned by
the applicant, the plan shall clearly indicate what course the discharge
will take, and the applicant shall present to the Board evidence from
the Highway Superintendent, the Engineer to the Board or the owner
of adjacent property that such discharge is satisfactory and permitted
by public or private ownership of adjacent street or property.
(16)
Calculations prepared by a registered engineer
to substantiate proposed drain pipe sizes. See section on design standards
for the criteria and assumptions to be used in drainage calculations.
(17)
A closed traverse for each street in the subdivision,
including street lines at junctions with other existing or proposed
streets.
(18)
Location and species of street trees identified
as existing, or to be planted.
(19)
Cross sections typical of each street, roadway
and sidewalk to be constructed.
(20)
On the plan of each proposed street the location
and dimensions of all construction features and municipal services
or utilities, such as sidewalks, grass plots, pavement, hydrants and
valves, guardrails, culverts and streetlights, where known.
(21)
A tabulation of the total areas within the subdivision
of all lots, of land within the streets, and of land to be set aside
for parks, open space and other public uses, and of the total area
of the subdivision with an explanation of any difference between it
and the aggregate of the areas of lots, streets and common or public
lands.
(22)
Any nonstandard or special details of construction,
such as the design of any retaining or wing walls, bridges or large
culverts, special manholes, turnarounds, medians or safety islands
and the like.
C.
Review by Board of Health as to suitability of the
land. At the time of filing of the definitive plan, the applicant
shall also file with the Board of Health two contact prints of the
definitive plan, dark line on white background, together with such
information in the nature of percolation tests and deep test holes
as the Board of Health may require. The Board of Health shall within
45 days after filing of the plan report to the Planning Board in writing
approval or disapproval of said plan. If the Board of Health disapproves
said plan, it shall make specific findings as to which, if any, of
the lots shown on such plan cannot be used for building sites without
injury to the public health, and include such specific findings and
the reasons therefor in such report, and, where possible, shall make
recommendations for the adjustment thereof. Every lot shall be provided
with a sewerage system. The approval of the definitive plan by the
Board of Health shall not be construed to be the approval of any individual
sewage disposal or septic system. The Board of Health shall transmit
a copy of its report and findings to the applicant.
D.
Environmental assessment. A comparative environmental
analysis shall be submitted for any subdivision creating frontage
potentially allowing 10 or more dwelling units or serving 10 or more
acres of nonresidentially zoned land, and in other cases where the
Board determines it appropriate in light of special circumstances.
The scope of such analysis, including development alternatives to
be compared and consequences to be studied, shall be approved by the
Planning Board prior to the preparation of the analysis and may be
required to be necessary for plan evaluation. The analysis shall be
prepared by an interdisciplinary team to include a civil engineer
and an architect or landscape architect, unless otherwise agreed to
by the Planning Board. The analysis shall indicate differences among
the alternatives regarding:
(1)
Impact upon ground and surface water quality and level,
including estimated phosphate and nitrate loading on groundwater and
surface water from septic tanks, lawn fertilizer and other activities
within the development.
(2)
Material effects upon important wildlife habitats,
outstanding botanical features and scenic or historic environs.
(3)
Capability of soils, vegetative cover and proposed
erosion control efforts to support proposed development without danger
of erosion, silting, or other instability.
(4)
Relationship to the requirements of MGL c. 131, §§ 40
and 40A (the Wetlands Protection Act).
(5)
Impact upon the existing water supply system and well
capacity of the Town.
(6)
Road layout, egresses from site, sight distances,
traffic (vehicles per day and peak hours) expected to be generated
by or attached to site, impacts on existing ways, possible mitigating
actions.
(7)
Building siting and lot shape for solar energy potential.
E.
Additional information may be required.
(1)
Upon receipt of the application and the definitive
plan, the Clerk of the Planning Board will transmit copies of the
plan or such parts thereof and of other information as may be appropriate
to the following Town officials and departments for review and recommendations
relative to those aspects of the definitive plan relevant to each:
(2)
The remaining copies of the definitive plan will be
retained for the Board's files and for the consultant or engineer
to the Board.
F.
Suitability of the land. The Board may require additional
information, soil surveys and percolation test to establish the suitability
of land for the proposed development.
G.
Public hearing requirements. Before taking any action
to disapprove or approve the definitive plan, with or without modifications,
the Board shall hold a public hearing at which parties in interest
shall have an opportunity to be heard, in person or through an agent
or attorney. Notice of the time and place of such hearing and of the
subject matter, sufficient for the identification of the land to be
subdivided, shall be published in a newspaper of general circulation
in the Town, such as the Middlesex News or the Marlborough Enterprise,
once in each of two successive weeks, the first publication to be
not less than 14 days before the date of the hearing.
A.
Required conformance for approval. The Planning Board shall review the definitive plan and consider the recommendations of its consultants, and of the Town officials and boards. The definitive plan may be approved if it conforms, or is modified to conform, to the requirements of Chapter 41 of General Laws, of the Zoning Bylaw of the Town of Southborough,[1] of these rules and regulations of the Planning Board,
and to the applicable regulations and requirements of the Highway,
Water, Fire and Police Departments and of the Select Board and Board
of Health, especially as regards the specifications for septic systems.
The definitive plan will be disapproved if it does not conform to
the standards and requirements of these rules and regulations or to
the applicable requirements of the Zoning Bylaw, or is inconsistent
with the rules and requirements of the Town and its officials and
boards acting within their jurisdictional area. The definitive plan
shall conform, or shall be modified to conform to the Master Plan
for the Town or for any part thereof adopted by the Planning Board,
and the Board may disapprove any layout inconsistent with such plans
adopted by it.
B.
Certificate of action.
(1)
Within 60 days of the submission by the applicant
of the definitive plan, unless said time has been extended by vote
of the Planning Board at the written request of the applicant and
the Town Clerk has been notified in writing of such extension to a
date certain, the Board shall by vote approve with or without modifications
or disapprove said plan and notify the applicant by registered mail,
return receipt requested, and the Town Clerk in writing of its action.
Such notification shall be in the form of a certificate of action,
suitable for recording, bearing the signatures of the majority of
Planning Board members or of a person duly authorized by a recorded
vote of the Planning Board to certify Planning Board actions, and
shall include all conditions of approval and, in the event of disapproval
or approval with modifications, the specific reasons therefor.
(a)
The applicant shall give the Town security for the construction of ways and installation of municipal services or improvements in accordance with the approved plans and all applicable Town specifications and requirements and within the time specified, as provided in Subsection C hereof; and
(b)
The Town Clerk shall certify by inscription
on the plan that no appeal of the Board's action was received at the
Town Clerk's office within 20 days following the recording at said
office of the Board's certificate of action with respect to such definitive
plan.
(2)
Within 10 days of the release for recording of the
approved definitive plan and covenant, if any, at the registry of
deeds, the applicant shall notify the Board in writing, presenting
evidence of the recording of the plan and the covenant; and six copies
of the approved and recorded definitive plan and a certified title
report, duly searched and executed by an attorney or title company,
stating that the title to the premises shown on said plan and appurtenances
thereto is in the applicant and free of all encumbrances. Upon receipt
of such notification the Planning Board shall file one copy of the
approved and recorded definitive plan each with the Building Inspector,
the Assessors, the Board of Health, the Highway Superintendent and
the Water Commissioners.
(3)
Approval of the definitive plan does not constitute
the laying out or acceptance by the Town of streets with a subdivision
as public ways.
C.
Performance guaranty. Before the Board endorses its
approval and signs the definitive plan and releases it to the applicant
for recording, the applicant, that is the owners of all land shown
on the definitive plan or other entity having the authority to assume
legal obligations with respect to such land and the improvements thereon,
must deliver to the Board adequate security for the required construction
of ways and installation of utilities and other required improvements
to serve all lots in the subdivision by one or more of the methods
described below. Such security shall be approved by the Town Counsel
as to form and, where appropriate, shall be cosigned by the mortgage
holder, and shall specify the time within which the required construction
and installation shall be completed.
(1)
The security may be in the form of a proper surety
company bond the penal sum of which shall in the opinion of the Planning
Board be sufficient to pay for all required work, including an allowance
for inflation by the end of the time specified for the completion
of all required construction and installation.
(2)
The security may be in the form of a certified check
or a savings bankbook or certificate, together with a signed withdrawal
slip and assignment assented to by the bank or other negotiable securities
acceptable to the Board as regards form, amount and the ability of
the Town to realize upon them in the event of a default.
(3)
The security may be in the form of an agreement executed by the applicant and the holder of the construction mortgage, in which the mortgage holder of lender agrees to withhold from the money otherwise due the applicant an amount sufficient in the Board's opinion to complete all remaining required work, including an allowance for inflation as under Subsection C(1) above, and to make such money available to the Town for the completion of such work in the event of the applicant's failure to complete it within the time specified.
(4)
The security may be in the form of a covenant executed
and delivered by the applicant (see Appendix Form I),[2] cosigned by the mortgagee, duly recorded and running with
the land, wherein the applicant agrees to construct ways and install
all required utilities and improvements to serve all the lots covered
by the covenant before any lot may be built upon or conveyed, except
by a mortgage deed, provided that a mortgagee acquiring title to a
lot by foreclosure or otherwise and any succeeding owner thereof may
sell such lot subject to the requirement of the covenant that no lot
shall be built upon until it is released by the Planning Board upon
construction of ways, utilities and other required improvements to
serve such a lot; and further provided that the entire parcel of land
covered by the covenant or all lots not previously released may be
conveyed by a single deed and subject to the covenant. The release
of lots for building and sale from the restrictions of the covenant
shall be evidenced by a certificate of performance and release of
lots (Appendix Form K)[3] which shall be recorded.
(5)
The applicant may select and may from time to time
vary the form of security, provided that when the applicant wishes
to replace performance security in the form of a bond or other surety
by a covenant, a new plan of the entire subdivision or the part thereof
to be subject to the covenant shall be submitted to the Planning Board
for endorsement with an inscription referring to the terms and restrictions
of the new covenant and shall be recorded with the covenant.
(6)
It is a policy of the Planning Board that, except
where performance security is in the form of a covenant, at least
25% of such security shall be in the form of a savings bankbook, certificate
of deposit or certified check allowing immediate withdrawal of money
in the event of a failure to perform.
(7)
A surety agreement describing the limits and the items of work to be performed and enumerating the lots released shall be executed by the applicant and the Board if the security is as described under Subsections C(1),(2) and (3) above (see Appendix Form J).[4]
[4]
Editor's Note: Appendix Form J is on file
in the Town offices.
D.
Reduction of security. The penal sum of any such bond, or the amount of any deposit held under Subsection C(2) or (3) above and any interest accrued thereon, shall, from time to time, be reduced by vote of the Planning Board and the obligations of the parties thereto released by said Board in whole or in part, retaining at all times an amount sufficient in the opinion of the Planning Board to cover the cost of performing all remaining required work secured thereby.
E.
Release of performance guaranty.
(1)
Upon the performance of all required construction
of ways, installation of utilities and other improvements in accordance
with Town specifications and with these rules and regulations, the
applicant shall send a written statement to that effect to the Planning
Board and the Town Clerk by certified mail and request the release
of all security held or of all lots secured by a covenant.
(2)
If the Board determines that such construction and
installation have been satisfactorily completed in accordance with
the conditions of approval and with these rules and regulations, and
have not been allowed to deteriorate while covered by such security,
it shall by vote release all such security and any lots secured by
a covenant, and return any bond, bankbook or deposit to the person
who furnished the same, or execute Form K with respect to the lots
restricted by the covenant.
(3)
If the Board determines that any required work has
not been satisfactorily performed in accordance with the approved
plans and with these rules and regulations and is not in a condition
acceptable to the Town, the Board shall so notify the applicant by
certified mail and the Town Clerk and specify the details wherein
said construction or installation fail to meet the requirements of
these rules and regulations and the conditions of definitive plan
approval. The failure to so notify the applicant and the Town Clerk
within 45 days of the receipt by the Town Clerk of the applicant's
request shall be deemed to be a release of the performance security
or the covenant, and the Town Clerk shall issue a certificate to that
effect, which may be recorded, and the security held by the Town shall
be returned to the applicant.
(4)
Prior to or at the time of the request for the release
of performance guaranties, the applicant shall submit to the Board
three copies of as-built plans, including profiles and construction
details, bearing a certification by a registered land surveyor or
registered civil engineer that the location, material, elevation and
method of construction or installation of all streets, utilities,
stone bounds or other monuments, street signs and any other required
improvements conform exactly to the approved definitive plans, as
they may have been modified by the Planning Board, and to these rules
and regulations or indicating clearly any departures therefrom and
the actual as-built locations, materials, grades and other particulars
thereof. Work shall not be considered completed and performance guaranties
shall not be released until such certified as-built plans have been
received and the Board determines that any departures from the approved
plans and these rules and regulations are minor and nonsubstantive
or necessary and require no alterations.
(5)
Upon the approval of the definitive plan but in any
event prior to the release of security or covenant, the applicant
or the applicant's successor-in-title to the land shown on the definitive
plan shall convey to the Town without cost the free and unencumbered
right to enter and use all streets and easements shown thereon, including
the right to install, repair, replace, operate and forever maintain
the streets and the surface and subsurface utilities therein. Notwithstanding
the above, it shall be the responsibility of the applicant and the
applicant's successors-in-title to maintain all streets and utilities
in a subdivision in a good operating condition until such time as
they are formally accepted by the Town, and not to allow any abuse
or damage which could interfere with the use of streets and utilities.
