Town of Medfield, MA Article 3 General Requirements for Subdivisions

§ 310-3.1 Administration.

A. General. No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Board as hereinafter provided.

B. Review by Town boards.

(1) Review by Board of Health. At the time of filing of a definitive subdivision plan, the applicant shall also file with the Board of Health, in accordance with the Subdivision Control Law, two contact prints of the definitive plan, dark line on white background. The Board of Health shall, within the time prescribed by the Subdivision Control Law after filing of the plan, report to the Board, in writing, approval or disapproval of said plan in accordance with the Subdivision Control Law.

(2) Review by other Town boards. The Board shall accept comments on the proposed subdivision from the Superintendent of Public Works (particularly with respect to design of streets and of drainage and sewerage systems and provisions for the safety and convenience of inhabitants of the Town), the Water and Sewerage Board (particularly as to the design of the water and sewerage systems) and the Conservation Commission (particularly with respect to open space and wetland impacts) for a period of 30 days. The Medfield Historical Commission and the Committee to Study Memorials shall be notified that the plan is on file with the Planning Board. The failure of any of the above boards to respond will not adversely affect the Board's decision on the definitive plan.

C. Conditions recommended by the Board of Health. In the Board's approval of a subdivision plan, the Board may incorporate conditions for the protection of the public health that are recommended by the Board of Health.

D. Easements.

(1) Easements for storm drains, sanitary sewers or water mains across lots or centered on rear or side lot lines shall be at least 20 feet wide and shall be constructed with a 12-inch gravel base covered with six inches of loam, so that they shall be passable for a utility vehicle. No easement shall be permitted across land of others unless an agreement in proper form is obtained permitting such an easement.

(2) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the Board may require that there be conveyed to the Town without cost a stormwater easement of adequate width (20 to 100 feet, centered approximately on the center line of the watercourse, drainageway, channel or stream) depending upon the width of the stream. This easement shall conform substantially to the lines of such watercourse, drainageway, channel or stream, and shall provide for construction or other necessary purposes in relation thereto.

(3) No building or on-lot sewerage system shall be erected within an easement.

(4) Temporary slope easements shall be obtained to permit grading of side slopes to meet sloping requirements of these rules and regulations.

(5) Tree planting easements, four feet in width, shall be obtained by the Town to permit planting of street trees outside the public layout along subdivision streets. The tree planting easement shall be as shown in Form 13.[1]

[1] Editor's Note: Form 13 is included as an attachment to this chapter.

(6) Easements for access over subdivision ways for all purposes for which roads are commonly used in the Town of Medfield shall be conveyed to the Town without cost. The access easement shall be in the form included in Form 13.

(7) Where a proposed subdivision abuts or is located near existing parks, conservation land or public recreational areas, the Board may require that access easements through the subdivision be conveyed to the Town without cost. Such easements shall be 20 feet in width.

(8) Easements shall be executed prior to the endorsement of the definitive plan and recorded simultaneously with the plan.

E. Flagging of subdivision streets. Within two weeks after the receipt of the application for approval of a preliminary subdivision plan and again at least two weeks prior to the public hearing required by the Subdivision Control Law, the center line of the proposed street(s) shall be clearly marked on the ground at 50-foot intervals with colored flags or stakes, and the Planning Board shall be informed in advance as to when the flagging will be done.

F. Recording of plan.

(1) Within 10 days after the definitive plan and covenant, as approved and endorsed, have been recorded at the Norfolk Registry of Deeds, and in the case of registered land, with the recorder of the Land Court, the applicant shall notify the Board in writing of the date of such recording, including book and page or document numbers.

(2) Upon receipt of notification of recording, the Board shall file one print of the definitive plan with the Building Inspector. In accordance with the statute, where approval with covenant is noted thereon, the Building Inspector shall not issue any permit for the construction of a building on any lot within the subdivision without receipt from the Board of a copy of the Certificate of Release of Lots (Form 10).[2]

[2] Editor's Note: Form 10 is included as an attachment to this chapter.

G. Acceptance by the Town. At the laying out and acceptance by the Town of the streets or ways, all rights for use as public ways, all municipal services within the ways and other appurtenances pertaining to these municipal services will become the property of the Town of Medfield at no cost to the Town.

§ 310-3.2 Performance guarantee.

A. Before approval and endorsement of approval of a definitive plan of a subdivision, the applicant shall agree to complete the required improvements specified in these rules and regulations, such construction and installation to be secured by the following method:

(1) All applicants shall file a covenant (Form 6),[1] executed and duly recorded by the owner of record, running with the land, whereby such ways and services as specified in these rules and regulations shall be provided to serve all lots within four years of the execution of the covenant, or before any lots may be built upon or conveyed, other than by mortgage deed.

[1] Editor's Note: Form 6 is included as an attachment to this chapter.

(2) Before any lots are released by the Board (Form 10),[2] the applicant shall either file a surety company performance bond or deposit a sum of money or approved negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in these rules and regulations. Such surety, whether bond, deposit of money or securities, shall be on condition that the improvements shall be completed within one year of the date of the acceptance of the surety. The applicant shall file Form 15[3] with the Planning Board relative to performance guarantees.

[2] Editor's Note: Form 10 is included as an attachment to this chapter.

[3] Editor's Note: Form 15 is included as an attachment to this chapter.

(3) The construction of all ways and the installation of all municipal services within a portion of the subdivision covered by said surety shall be completed in accordance with the applicable rules and regulations of the Board before any additional portion of the subdivision will be released from the covenant. The failure to complete the construction of ways and the installation of municipal services within that portion of the subdivision covered by said surety within a period of one year from the date of acceptance of the surety or within four years of the execution of a covenant shall automatically rescind approval of the subdivision plan except as to those lots which have theretofore been released, unless additional surety is accepted by the Board.

B. Release of performance guarantee.

(1) Upon the completion of improvements required in these rules and regulations, security for the performance of which was given by bond, deposit, covenant, or upon the performance of any covenant with respect to any lot, the applicant may request and agree on terms of release with the Board, or he may send by registered mail to the Town Clerk a written statement in duplicate that the construction or installation in connection with such bond, deposit or covenant has been completed in accordance with the requirements contained in these rules and regulations, such statement to contain the address of the applicant. The Town Clerk shall forthwith furnish a copy of said statement to the Board.

(2) If the Board determines that said improvements have been completed, it shall release the interest of the Town by returning the entire deposit or a portion thereof to the person who furnished the same, and/or release the covenant by appropriate instrument, Certificate of Release of Covenant (Form 12),[4] duly acknowledged with a copy to the Building Inspector.

[4] Editor's Note: Form 12 is included as an attachment to this chapter.

(3) If the Board determines that said improvements have not been completed, it shall, within the time period required under the Subdivision Control Law, specify to the applicant and to the Town Clerk in writing the details wherein said improvements fail to comply with its rules and regulations.

(4) Prior to release of any such lots, evidence satisfactory to the Board must be furnished of the necessary arrangements to maintain such streets prior to acceptance by the Town in a condition reasonably safe and convenient for travel, including, but not limited to, snow removal and flooding prevention. Such evidence may take the form of a Private Way Maintenance Agreement (Form 14)[5] executed by the applicant. If those streets are not so maintained, the Town may take such action as it deems proper to assure safety and convenience for travel, and the applicant shall indemnify the Town against all claims for loss or damage that may result from such action and shall reimburse the Town for all costs incurred and maintenance of subdivision roads shall be included in the bond.

[5] Editor's Note: Form 14 is included as an attachment to this chapter.

C. Evidence of satisfactory performance. Before the Board will release the interest of the Town in the deposit or, in the case of approval with covenant, issue a release of covenant:

(1) The applicant shall file with the Board a certified copy of a separate layout plan (with accompanying cross sections and profile) for each street in the subdivision (or, in the case of approval with covenant, of the street or streets serving the lots for which a release is desired). Certification shall be by the engineer and surveyor employed by the applicant at his or her own expense, and shall indicate that all easements, streets, sidewalks, sewers, storm drains, water lines, underground telephone, cable and electricity, and their appurtenances have been constructed in accordance with lines and grades of said plan and are accurately located as shown thereon.

(2) The Board shall obtain from the applicant a statement in writing by the Director of Public Works, Certificate of Construction (Form 9),[6] that all work under his or her jurisdiction required by these rules and regulations has been inspected and completed in each street in the subdivision (or in the street or streets serving the lots covered by the surety), including storm drains, bridges and sidewalks, and that he has approved the construction and materials used in the performance of such work.

[Amended 7-16-2019]

[6] Editor's Note: Form 9 is included as an attachment to this chapter.

(3) The Board shall obtain from the applicant a statement in writing by the Water and Sewerage Board (Form 9)[7] that it has inspected and the applicant has completed each water main and sanitary sewer and their appurtenances in accordance with the requirements of these rules and regulations, and that it has approved the construction and materials used in the performance of such work.

[7] Editor's Note: Form 9 is included as an attachment to this chapter.

(4) The applicant shall execute an instrument (Form 13)[8] transferring to the Town, without cost, valid unencumbered title to all sanitary sewers, storm drains and water mains and appurtenances thereto constructed and installed in the subdivision or approved portion thereof, and conveying to the Town, without cost and free of all liens and encumbrances, perpetual rights and easements to construct, inspect, repair, renew, replace, operate and forever maintain such sanitary sewers, storm drains, and water mains, with any manholes, pipes, conduits and other appurtenances, and to do all acts incidental thereto, in, through and under the whole of all streets in the subdivision or approved portion thereof, and if any such sewers, storm drains or water mains have been constructed and installed in land not within such streets, then in, through and under a strip of land extending 10 feet in width on each side of the center line of all such sewers, storm drains and water mains.

[8] Editor's Note: Form 13 is included as an attachment to this chapter.

(5) The applicant shall provide the Town, at no cost, with final acceptance plans for each street in the subdivision, including all property lines.

D. Criteria for satisfactory partial completion. When only a portion of the streets and other improvements shown on the definitive plan have been constructed or installed and a release from the covenant is requested, the Board shall consider as satisfactorily completed only such lengths and parts thereof as will (in and of themselves) form convenient and adequate systems without the necessity of further extension or improvement, and shall consider as eligible for release only such lots as front on, are connected, or are otherwise served by such streets, utilities and other improvements.

E. Reduction of surety. The sum of any required surety or the amount of any deposit held hereunder may from time to time be reduced by the Board and the obligations of the parties thereto released by the Board in whole or in part.

§ 310-3.3 Physical requirements.

A. General standards. Subdivisions shall be designed in accordance with the following general standards:

(1) Unless otherwise specified, all the work and the materials used in the work to be done shall conform to the requirements of "The Commonwealth of Massachusetts Department of Transportation, Standards Specifications for Highways, Bridges and Waterways," latest edition, or any amendment thereof, addition thereto, or substitution therefor.

(2) Unless otherwise specified, construction standards shall conform to the most current revisions as published in the Construction Manual, Part 3, Construction Standards of the Massachusetts Department of Transportation.

(3) Wherever in the documents referred to in Subsection A(1) and (2) above, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted by substitution as follows:

COMMONWEALTH

Town of Medfield.

DEPARTMENT

Public Works Department of the Town of Medfield.

ENGINEER

Director of Public Works of the Town of Medfield.

[Amended 7-16-2019]

B. Lots. All lots within the subdivision shall comply with the area, frontage and width and all other requirements of the Zoning Bylaw[1] for the Town of Medfield, Massachusetts in force at the time of application unless it is stipulated by the applicant that the lot is not buildable and so endorsed on the plan.

[1] Editor's Note: See Ch. 300, Zoning.

C. Protection of natural features. Due regard shall be shown for all natural features, such as topography, large trees, watercourses, scenic points, historic spots, and similar community assets which, if preserved, will add attractiveness and value to the subdivision and/or provide benefits to the Town.

D. Wetlands. If any wetlands, floodplains or inland waters are included in the proposed subdivision, the attention of the applicant is directed to the provisions of Chapter 784 of the Acts of 1972 (MGL c. 131, § 40), Protection of Wetlands (new acts involving all wetlands and other areas subject to flooding), Coastal Wetlands Protection Act (MGL c. 130, § 105), and Chapter 782 of the Acts of 1972 (MGL c. 131, § 40A), An Act Further Protecting the Inland Wetlands and Floodplains of the Commonwealth.

E. Land adjoining natural watercourses. If the grades of the land are changed in an area within 25 feet of a natural watercourse, the banks of the watercourse shall be stabilized at the same time in accordance with the instructions of the Planning Board, the Director of Public Works, or other required agency, if applicable.

[Amended 7-16-2019]

F. Open spaces. Before approval of a plan, the Board may also, in proper cases, require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air in accordance with the Subdivision Control Law. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. Final disposition of such areas shall be in accordance with the Subdivision Control Law.

G. Earth removal.

(1) The tentative or final approval of a subdivision plan by the Planning Board shall not be construed as authorizing the removal of material from the premises, even though in connection with the construction of streets shown on the plan.

(2) All earth removal within subdivisions shall be in accordance with the Rules and Regulations Governing Earth Removal Uses, Zoning Bylaw for the Town of Medfield, Massachusetts.[2]

[2] Editor's Note: See Ch. 300, Zoning, Art. 12.

(3) When blasting is required for development of a subdivision roadway, the applicant shall file a notification of intent to commence site preparation and/or construction with the Board of Selectmen, who will publish a public notice at least two weeks prior to actual work. Costs associated with this publication shall be borne by the applicant. This requirement shall be noted on the definitive plan.