A.
General. A preliminary plan MUST be submitted for any proposed nonresidential
subdivision and MAY be submitted for any proposed residential subdivision.
The submission of such a preliminary plan will enable the subdivider,
the Board, other municipal agencies, and owners of property abutting
the subdivision to discuss and clarify the problems of such subdivision
before a definitive plan is prepared. Therefore, it is strongly recommended
that a preliminary plan be filed in every case.
[Amended 4-27-1987]
B.
Submittals.
(1)
(2)
In addition to those items required to be submitted, it is requested
that the following be furnished:
(a)
A locus plan of the subdivision, showing its street configuration
in relation to the surrounding area and to zoning district boundaries
at a scale of one inch equals 1,000 feet.
(b)
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.
(c)
Preliminary findings, in a general way, of the environmental
analysis, if expected to be required.
C.
Plan contents. The preliminary plan shall be clearly drawn at a suitable
scale (preferably one inch equals 40 feet). Said preliminary plan
should show sufficient information about the subdivision to form a
clear basis for discussion of its problems and for the preparation
of the definitive plan, and shall show:
(1)
Subdivision name, boundaries, North point, date, scale, legend, and
title "preliminary plan."
(2)
Name and address of the record owner, applicant, registered engineer,
and registered surveyor.
(3)
Names of all abutters from the most recent tax list.
(4)
Existing and proposed lines of streets, ways, easements, and any
public or common areas within the subdivision in a general manner.
(5)
The proposed system of drainage, including adjacent existing natural
waterways, in a general manner.
(6)
The approximate boundary lines of proposed lots, with approximate
areas and dimensions.
(7)
Location, names, and widths of adjacent streets approaching or near
the subdivision.
(8)
Topography of the land in a general manner.
[Added 4-27-1987]
D.
Field trip. In order to facilitate field inspection and review of
the site of the proposed subdivision, it is desirable that there be
temporary staking along the center line of all proposed roads in the
subdivision, or if that is impractical, some alternative method of
enabling on-site review.
E.
Approval. Within 45 days after the date of submission of a preliminary
plan, the Board shall notify the applicant and the Town Clerk either
that the plan has been approved, or that the plan has been approved
with modifications suggested by the Board or agreed upon by the person
submitting the plan, or that the plan has been disapproved, and in
the case of disapproval, the Board shall state in detail its reasons
therefor. Such approval does not constitute approval of a subdivision
but does facilitate the procedure in securing final approval of the
definitive plan.
[Amended 4-27-1987]
F.
Other plans.
[Added 4-27-1987]
(1)
Any plan submitted by the applicant to the Board in advance of the
definitive plan, which does not conform to the requirements hereof
pertaining to a "preliminary plan," shall not be so designated nor
shall such a plan be given approval by the Board.
(2)
Moreover, the submission of a preliminary plan for examination by
the Board shall not be deemed a submission of a definitive plan of
a subdivision of land for approval by the Board under MGL c. 41, § 81U,
and the action of the Board on such preliminary plan shall not prejudice
the action on the definitive plan. The plan shall be clearly marked
"preliminary plan."
A.
Submittals. Any person who desires approval of a definitive plan
of a subdivision shall:
(1)
Submit four full-size (32 inches by 24 inches) copies and one reduced
copy (11 inches by 17) inches of the following to the Planning Board:
[Amended 6-13-2011]
(a)
The definitive plan, as described at Subsection B. The original definitive plan drawing will only be needed if and when actual signing of the plan takes place.
(c)
At the same scale as the definitive plan, a development plan,
showing existing and proposed topography at two-foot contour intervals,
distinction between upland and wetland, indication of annual high-water
mark, location of tree cover, outstanding individual trees, existing
structures including fences and walls, and proposed streets, drainage
facilities, and lot lines. If located within the Floodplain District,
the location of the base flood elevation (one-hundred-year flood)
shall be indicated. If approved prior to submittal, the Board may
authorize topography at five-foot intervals if adequate to cover some
or all areas.
[Amended 4-27-1987]
(d)
A drainage plan and calculations, including description of the
effects of two-, twenty-five-, fifty- and one-hundred-year storms.
[Amended 6-13-2011]
(e)
An overlay at the same scale as the definitive plan showing
the Natural Resources Conservation Service (NRCS) interpretation for
suitability for on-site sewage effluent disposal or showing United
States Geological Survey (USGS) surficial geology, or both, except
for areas proposed to be served by Town sewerage.
(f)
Test pit logs for locations approved by the Planning Board with
not more than one pit required per four proposed lots, selected to
reveal general patterns of subsurface characteristics, after consultation
with the Board of Health and the Conservation Commission. Locations
shall be indicated on the development plan.
(g)
Where connection to the public water system is not proposed,
information indicating why such connection is not feasible, description
of provisions to be made for water for firefighting, and information
adequate to allow determination of compliance with requirements regarding
potable water quality and quantity.
(h)
An erosion control plan, indicating the erosion control measures
to be employed, including description of locations of temporary stockpiles,
spoil areas, temporary drainage systems, slope stabilization techniques,
and sediment bins, and narrative description of how erosion from individual
lots onto streets and into drainage systems is proposed to be controlled.
(i)
A locus plan of the subdivision, showing its street configuration
in relation to surrounding streets and to zoning district boundaries,
at one inch equals 1,000 feet.
(j)
Six sets of prints, 8 1/2 inches by 11 inches, showing
an outline of the subdivision, all ways and lots, street names, and
lot numbers.
[Amended 6-13-2011]
(k)
The environmental analysis, if required.
(l)
Construction details and specifications, and road cross sections
for each cross-section variant at all critical locations, except that
where the proposed cross sections are identical with those shown in
this regulation, annotation to that effect may be placed on the definitive
plan and the cross-section drawing may be omitted.
[Amended 4-27-1987]
(2)
Submit the following to the Planning Board:
(a)
If requested, traverse notes, evidence of ownership, language
of any easements, covenants or deed restrictions applying or proposed
to apply to the area being subdivided, rights and easements obtained
for utilities or drainage outside of the subdivision.
[Amended 4-27-1987]
(b)
Two copies of properly executed application Form C.[1]
[1]
Editor's Note: Said form is included at the end of this chapter.
(c)
An administrative fee as established from time to time by the
Planning Board,[2] to be payable to the Town of Lancaster, to cover the Planning
Board's expenses for notices, engineering and other consulting expenses,
but not in lieu of charges which may be made by other Town agencies
or the Lancaster Sewer District in connection with their review and
other services.
[Amended 4-27-1987]
[2]
Editor's Note: See the Schedule of Fees and Deposits at the
end of this chapter.
(d)
A list of names and mailing addresses for all abutters as they
appear on the most recent local tax list, including property owners
on the opposite side of any streets abutting the subdivision.
(e)
A description of the land and the proposal, suitable for advertising.
B.
Definitive plan contents. The definitive plan shall be prepared by
a registered engineer and registered land surveyor and shall be clearly
and legibly drawn in black India ink upon tracing cloth or Mylar.
The plan shall be at a scale of one inch equals 40 feet, or such other
scale as the Board may accept to show details clearly and adequately.
Sheet sizes shall be 24 inches by 36 inches. If multiple sheets are
used, they shall show each lot in its entirety on one sheet, and shall
be accompanied by an index sheet showing the entire subdivision at
a scale of one inch equals 200 feet. The definitive plan shall contain
the following information:
(1)
Subdivision name, boundaries, North point, legend, date, scale, and
indication of zoning districts.
(2)
Name and address of record owner, subdivider, registered engineer,
and registered surveyor, their stamps, and the names (and stamps,
if appropriate) of any other professionals engaged in the design.
(3)
Names of all abutters as they appear in the most recent certified
tax list.
(4)
Existing and proposed lines of streets, ways, lots, easements, and
public or common areas within the subdivision. The proposed names
of proposed streets shall be subject to the approval of the Planning
Board.
[Amended 6-13-2011]
(5)
Sufficient data to determine the location, direction, and length
of every street and way line, lot line, easement, and boundary line,
and to establish those lines on the ground.
(6)
Location of all permanent monuments, properly identified as to whether
existing or proposed.
(7)
Lot numbers enclosed in a circle, lot area in square feet; total
lot frontage in feet.
[Amended 4-27-1987; 6-13-2011]
(8)
Location, names, and present widths of streets bounding, approaching,
or within reasonable proximity of the subdivision sufficient to analyze
traffic flow.
(9)
On each sheet of the definitive plan, suitable space to record the
action of the Board and the signatures of the members of the Board,
and the Town Clerk's certification.
(10)
Certification by the preparers of the plan that the plan and
supporting materials were prepared under their direction, and have
been designed in compliance with all applicable zoning and subdivision
regulations.
[Added 4-27-1987]
(11)
Certification by an attorney that submittal of the plan by the
applicant has been agreed to by owners of all the land included in
the plan.
[Added 4-27-1987]
C.
Street plans and profiles. For each street there shall be a separate
plan at one inch equals 40 feet, and profile at one inch equals 40
feet horizontal, one inch equals four feet vertical, showing the following
data:
(1)
Exterior lines of the way, with sufficient data to determine their
location, direction, and length.
(2)
Existing center-line profile to be shown as a fine, continuous line.
Existing center-line profile for intersecting streets to be shown
for at least 100 feet each side of the intersection of street center
lines. Existing right sideline shall be shown as a light dashed black
line, left sideline as black dots. Elevations shall be based on USGS
datum.
[Amended 4-27-1987]
(3)
Proposed center-line profile to be heavy, continuous line, with elevations
shown every 50 feet (25 feet on vertical curves).
(4)
Existing and proposed watercourses, ponds, and wetlands.
(5)
Road center-line stationing.
(6)
All sewer and drainage facilities to be shown on the profiles indicating
proposed pipe sizes, slopes, and rim and invert elevations; and on
the street plans, showing pipe sizes.
(7)
Plan location and size of existing and proposed water mains, hydrants,
and main gate valves. Profile location and size of existing and proposed
water mains and hydrant supply lines, only when they are crossed by
sewer and drainage facilities.
[Amended 4-27-1987]
(8)
Location of proposed streetlights.
(9)
Location of the following, unless waived by the Board: existing and
proposed street paving, sidewalks, and curbs.
D.
Environmental analysis. A comparative environmental analysis shall
be submitted for any subdivision creating frontage potentially allowing
eight (8) or more dwelling units, 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 as agreed to by the Planning
Board and may be required to include up to two major alternatives
to the plan proposed, with as much of the following information as
determined by the Planning Board 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 Planning Board may direct that
the team also include a wetlands scientist where there are wetlands
on or abutting the proposed property, and either a wildlife biologist
or an ecologist, qualified in wildlife habitat evaluation. The analysis
shall indicate differences among alternatives regarding:
[Amended 6-13-2011]
(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. For subdivisions located in whole or in part within Water Resource Districts as established in Chapter 220, Zoning, of the Code of the Town of Lancaster, this shall include analysis of open and closed drainage system alternatives, examining effects upon the basin water budget and upon the speed of transport of contaminants;
(2)
Material effects upon important wildlife habitats, outstanding botanical
features, and outstanding landscape features or historic environs;
[Amended 6-13-2011]
(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) and to the Massachusetts Environmental
Policy Act (MEPA);
[Amended 6-13-2011]
(5)
Inclusion of natural landscaping that minimizes the need for water/irrigation
usage;
[Amended 6-13-2011]
(6)
Impact upon the existing water supply system and well capacity of
the Town;
(7)
Road layout, building siting, and lot shape for solar energy potential;
(8)
Ability of streets providing access to the subdivision to safely
provide such access, including measurement of sight distances at each
intersection with proposed streets, impact of development traffic
on the traffic level of service, gap acceptance analysis, and analysis
of hazards owing to limited sight distances, alignment, or other characteristics
of access roads.
[Amended 4-27-1987]
E.
Performance guarantee.
(1)
Form of guarantee. Before the Planning Board endorses its approval
of a definitive plan, the developer shall agree to complete without
cost to the Town all improvements required by this regulation, and
shall provide security that he will do so, either by convenanting
not to sell or build upon any lots until completion of the improvements
(which covenant must be referred to on the plan and registered or
recorded with it), or by posting bond or other security which the
Town can utilize in the event that the improvements are not completed
within two years, or by some combination of these. Such security shall
be provided so that no structure shall be occupied until streets or
ways serving such structures have been surfaced with at least the
binder course.
(2)
Security amount. If completion is secured by bond or deposit, the
amount shall be determined by the Board to cover:
(3)
Release of guarantee. The Board may grant partial release from such
security for partial completion of improvements, if it determines
that the completed portion provides a reasonable system for circulation
and utilities pending completion of the rest. The Board may release
the developer from the covenant upon receipt of an agreement executed
by the applicant and by the holder of a first mortgage on the premises
providing for retention of funds and their availability to the Town
upon default. (See MGL c. 41, § 81U, 11th paragraph.) Full
security shall not be released until the integrity of road pavement,
drainage, shoulders, and grading has been verified following a full
winter of use, and until trees and other vegetation have been established.
F.
Review by Board of Health. The Board of Health shall report to the
Planning Board in writing its approval or disapproval of the plan,
and in the event of disapproval, shall make specific findings as to
which, if any, areas shown on such plan cannot be used for building
sites without injury to the public health and include specific findings
and the reasons therefore in such report and, where possible, shall
make recommendations for the adjustment thereof. Such Health Board
or Officer shall send a copy of such report, if any, to the person
who submitted said plan. Any approval of the plan by the Planning
Board shall then only be given on condition that no building or structure
shall be built or placed upon the areas designated without written
consent of the Board of Health and shall endorse on the plan such
condition, specifying the lots or land to which said condition applies.
G.
Public hearing.
(1)
Before approval of the definitive plan is given, a public hearing
shall be held by the Planning Board. Notice of such hearing shall
be given by the Board by advertisement 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. A copy
of said notice shall be mailed to the applicant, and via registered
mail, to all owners of land abutting upon the subdivision as appearing
in the most recent tax list.
(2)
It is essential that the applicant either be present at the public
hearing or be represented by an agent authorized to make an appearance,
speak on the applicant's behalf, provide necessary information, and
make necessary commitments.
[Added 4-27-1987]
H.
Decision.
(1)
After the public hearing the Board in due course will approve, modify
and approve, or disapprove the definitive subdivision plan submitted.
Criteria for action by the Board shall be the following:
(a)
Completeness and technical adequacy of all submissions;
(b)
Determination that development at this location does not entail
unwarranted hazard to safety, health and convenience of future residents
of the development or of others because of possible natural disasters,
traffic hazard, or other environmental degradation;
(d)
Determination, based upon the environmental analysis (where
submitted), that the subdivision as designed will not cause substantial
and irreversible damage to the environment, which damage could be
avoided or ameliorated through an alternative development plan;
[Amended 4-27-1987]
(f)
Conformity with all applicable zoning requirements;
(2)
Notice of such action, or of an agreed extension of the time for
such action, must be provided by the Planning Board to the Town Clerk
within 90 days following the date of submission of the plan if it
follows action on (or failure to timefully act on) a preliminary plan,
or 135 days following the date of submission in cases where no preliminary
plan was submitted.
[Added 4-27-1987]
I.
Certificate of approval. The action of the Board in respect to such
a plan shall be by vote, copies of which shall be certified and filed
with the applicant. If the Board modifies such plan, it shall state
in its vote the reasons for its action. In the event of disapproval,
the Planning Board shall state in detail wherein the plan does not
conform to the rules and regulations of the Planning Board or the
recommendations of the Health Board Officer, and shall revoke its
disapproval and approve a plan which, as amended conforms to such
rules and regulations or recommendation, provided that an amended
plan is submitted to the Planning Board, in the same manner as the
definitive plan, within seven months from the date on which the definitive
plan was disapproved. Final approval, if granted, shall be endorsed
on the original drawing of the definitive plan by the signatures of
a majority of the Board, but not until the statutory twenty-day appeal
period has elapsed following the filing of the certificate of the
action of the Board with the Town Clerk, and said Clerk has notified
the Board that no appeal has been filed. After the definitive plan
has been approved and endorsed, the applicant shall furnish the Board
with two prints thereof. Final approval of the definitive plan does
not constitute the laying out or acceptance by the Town of streets
within a subdivision.
[Amended 4-27-1987]
