Prior to investing in extensive professional design costs for
preparation of subdivision plans, the applicant is invited to review
the proposed development of the parcel of land with the Board, in
order to explore general conditions involving the site and to discuss
potential problems. Pencil sketches, which need not be professionally
prepared, will assist in this discussion, and should show the critical
features of a preliminary plan. Prior to investing in extensive professional
design costs for preparation of subdivision plans, the applicant is
invited to review the proposed development of the parcel of land with
the Board in order to explore general conditions involving the site
and to discuss potential problems. Pencil sketches, which need not
be professionally prepared, will assist in this discussion and should
show the critical features of a preliminary plan. In some cases, but
not in the case of a nonresidential subdivision, this pre-submission
review may eliminate the need for the formal submission of a preliminary
plan.[2]
[1]
Editor's Note: This section was amended as part of the recodification
of the Town's General and Zoning Bylaws adopted 10-23-2017 STM by
Art. S7. The specific changes made are noted in a document entitled
"Town of Marion Final Draft," dated August 16, 2017, which document
is on file in the Town offices.
[2]
Editor's Note: This subsection was added and former Subsections
D and E redesignated as Subsections E and F as part of the recodification
of the Town's General and Zoning Bylaws adopted 10-23-2017 STM by
Art. S7. The specific changes made are noted in a document entitled
"Town of Marion Final Draft," dated August 16, 2017, which document
is on file in the Town offices.
A.
Submission.
(1)
A preliminary plan of a subdivision may be submitted and for
any nonresidential subdivision shall be submitted by the subdivider
to the Board and through the Board to the Board of Health for discussion
and approval, modification or disapproval by the Board. The submission
of such a preliminary plan shall be made of Form B, Application for
Approval of a Preliminary Plan,[1] and will enable the subdivider, the Board, the Board of
Health, other municipal agencies, and owners of property abutting
the subdivision to discuss and clarify any aspects of or problems
with such subdivision before a definitive plan is prepared. For this
reason, the Board strongly encourages the submission of such preliminary
plans in every case. Seven copies of the preliminary plan shall be
submitted to the Board at a regularly scheduled meeting, together
with the fee set forth in Appendix A, Planning Board Fee Schedule.[2] Copies of the plan may be examined by the public during
regular business hours of the Town Hall.
B.
Contents.
(1)
The preliminary plan may be drawn on tracing paper with pencil,
preferably at a scale of one inch equals 40 feet, or other suitable
scale acceptable to the Board, shall be clearly designated as "Preliminary
Plan," and shall show:
(a)
Subdivision name, boundaries, North point, date, and scale;
(b)
Name and address of record owner, applicant, designer, engineer,
and surveyor;
(c)
Names of all abutters as determined from the most recent Town
tax list;
(d)
Existing and proposed lines of streets, ways, easements, and
public areas within the subdivision;
(e)
Location, direction, names, and streets, present widths of ways
and public or private ways bounding, approaching, or within the subdivision;
(f)
Location, names, and present widths of streets bounding, approaching,
or near the subdivision;
(g)
Topography of the land in no greater than two-foot contours,
including all resource areas as defined under 310 CMR 10.00 and all
natural watercourses, including vernal pools and salt marshes;
(h)
Proposed system of drainage, including existing natural waterways,
in a general manner, but including drainage both within and adjacent
to the subdivision;
(i)
Approximate boundary lines of proposed lots, with approximate
areas and dimensions;
(j)
Estimates of the grades of proposed streets or profiles, where
required by the Board;
(k)
Major site features such as existing stone walls, fences, buildings,
large trees and wooded areas, rock ridges and outcroppings, wetlands
within 100 feet of the subdivision, perennial streams within 200 feet
of the subdivision, and other water bodies;
(l)
Identification of any land area lying within 500 feet of any
property valued under the provisions of MGL c. 61A, as amended;
(m)
Adjacent natural resources;
(n)
Locus plat at an appropriate scale to locate the subdivision
with the Town.
(2)
The preliminary plan shall be accompanied by a statement of
existing zoning, any easements, covenants, and restrictions applying
to the area proposed to be subdivided, and a list of any waivers from
these regulations requested by the applicant.
C.
[4]Decision. The Board shall, in conformance with MGL c. 41,
§ 81S, approve such preliminary plan with or without modifications,
or disapprove such preliminary plan with reasons therefor.
(1)
Approval of a preliminary plan, with or without modifications,
does not constitute approval of a subdivision. Such approval does
facilitate the final approval of a subdivision through submittal of
a definitive plan.
(2)
The Board shall notify the Town Clerk in writing of its decision
on a preliminary plan in accordance with MGL c. 41, § 81S,
as amended.
(3)
The submission of a preliminary plan for examination by the
Board shall not be deemed the submission of a definitive plan of a
subdivision of land for approval by the Board under MGL c. 41, § 81T,
and the action or decision of the Board as to such preliminary plan
shall not prejudice its action or decision as to the definitive plan.
[4]
Editor's Note: Former Subsection C, Site visit, was repealed and former Subsection D was redesignated as Subsection C as part of the recodification of the Town's General and Zoning Bylaws adopted 10-23-2017 STM by Art. S7. The specific changes made are noted in a document entitled "Town of Marion Final Draft," dated August 16, 2017, which document is on file in the Town offices.
A.
Submission.
(1)
A definitive plan of a subdivision may be submitted by the subdivider
to the Board for review and approval, modification or disapproval
by the Board. The submission of such a definitive plan shall be made
on Form C, Application for Approval of a Definitive Plan.[1] If the applicant for subdivision has chosen not to previously
submit a preliminary plan, then for subdivisions of eight or more
lots, two plans shall be submitted:
[1]
Editor's Note: All forms are available from the office of
the Planning Board.
(2)
Any person submitting a definitive plan of a subdivision of
land to the Board for approval shall file therewith the following:
(a)
Twenty prints of the definitive plan, dark line on white background.
Prints will be referred to Town boards and departments for review.
(e)
A certified list of abutters signed by the Board of Assessors,
with business-sized envelopes, stamped and addressed to each abutter.
(f)
A one-page summary of the proposed project and a letter-sized
copy, 8 1/2 inches by 11 inches, of the original drawing of the
definitive plan of sufficient clarity for reproduction.
(3)
The applicant shall file one copy of the definitive plan and
two copies of the application form with the Board of Health.
B.
Contents. The definitive plan shall be prepared by a registered professional
engineer and/or land surveyor, and shall be clearly and legibly drawn
in black India ink upon tracing cloth or Mylar, and shall be 24 inches
by 36 inches in overall dimensions, with a one-inch margin left on
one twenty-four-inch edge of each sheet for filing purposes. The prints
shall be at a scale of not less than one inch equals 40 feet, or such
other scale as the Board may prescribe as adequate to show details
clearly. Profiles of proposed streets shall be drawn to the same horizontal
scale as the plan, and with vertical scale 10 times larger unless
otherwise permitted by the Board, on separate tracing cloth or Mylar
of the same dimensions as the plan sheets. If multiple sheets are
used to show the subdivision, they shall be accompanied by an index
sheet showing the entire subdivision. The definitive plan shall show
the following information:
[Amended 10-17-2022]
(1)
A subdivision name, boundaries, North point, date, and scale;
(2)
A locus map at a scale of one inch equals 1,000 feet showing
the proposed streets in relation to existing streets in the immediate
vicinity;
(3)
Name and address of record owner, applicant, and engineer or
surveyor, with seal;
(4)
Where the owner or subdivider also owns or controls unsubdivided
land adjacent to or directly across the street from the land shown
on the definitive plan, the applicant shall submit a sketch plan showing
possible or prospective street layout in the event that such unsubdivided
land is developed, and shall also show the present drainage for such
unsubdivided land, natural and constructed;
(5)
Boundary lines of bordering adjacent land or of land across
the street from property being subdivided and names of abutters thereon
as determined from the certified list of abutters;
(6)
Existing and proposed lines of streets, ways, easements, and
any public or common areas within the subdivision;
(7)
Location, direction, names and present widths and grades of
streets and public or private ways bounding, approaching, or within
reasonable proximity of the subdivision;
(8)
Sufficient data to determine the location, direction, and length
of every street and way line, lot line, and boundary line so as to
establish these lines on the ground. The location of base lines and
necessary data from which bearings and elevations may be determined
may be furnished by the County Engineer's office. Should the Town
establish a coordinate system, all street corners must be tied into
the nearest triangulation station. The relative error of closure of
property line traverse shall not be less than one part in 12,000.
A signed statement to this effect shall appear on the engineer's tracing
cloth drawing. A copy of traverse notes shall be furnished to the
Board upon request;
(9)
Location and identification of all existing buildings and site
features such as stone walls, fences, large trees and wooded areas,
rock ridges and outcroppings, floodplain areas, wetlands within 100
feet of the subdivision, perennial streams within 200 feet of the
subdivision, and other water bodies, including depth of water and
direction of flow within or adjacent to the proposed subdivision;
(10)
Existing and proposed topography with two-foot contours based
on NAVD 88 datum, or at a suitable interval as required by the Board.
All buildings and physical features of abutting property that are
within 50 feet of the boundary must be shown;
(12)
Location of existing and proposed monuments, hydrants, public
utility facilities, water pipes, fire ponds and cisterns, and wells
within the subdivision;
(13)
Park or open areas suitably located for conservation, playground,
or recreation purposes within the subdivision, if any;
(14)
Proposed storm drainage of land, including existing natural
waterways and the proposed disposition of water from the proposed
subdivision to either adequate natural drainage channels or artificial
means of disposal thereof. Four copies of a runoff plan and calculations
using the rational formula (as described in Seelye's Design Data Book
for Civil Engineers, latest edition), based on a ten-year expectancy
period, to determine the necessary pipe sizes, which can be no less
than 12 inches in diameter. Roadways crossing brooks with a drainage
area in excess of 10 acres shall be based on a twenty-five-year expectancy
period based on the Stormwater Management Handbook. Pipe size, capacity,
depth of flow and velocity of flow shall be included;
(15)
Location and purpose of all existing and proposed easements;
(16)
Location and species of proposed street trees, and/or individual
trees or wooded areas to be retained within 40 feet of the sidelines
of each street;
(17)
Street plans and profiles must show the percent of grade, radii
and length of curves, the point of curvature, and the point of tangency
of curves;
(18)
Street profiles on the center lines and sidelines of proposed
streets at a horizontal scale of one inch equals 40 feet and vertical
scale of one inch equals four feet, or such other scale acceptable
to the Board. Profiles shall show elevation of sills of all existing
structures. Present and proposed elevations must be shown at least
every 50 feet and must refer to the Town base, mean sea level, if
bench available within 2,000 feet of subdivision. Profile plans of
roadways and appurtenances shall be derived from "on the ground" topography.
Profile plans shall show roadway cross-sections together with locations
of proposed underground utilities, including sanitary and storm sewer
lines, water lines and their appurtenances, along with details of
all structures, headwalls, and retaining walls;
(20)
Location of a minimum of three benchmarks, located by state
plane data;
(21)
Suitable space to record the action and signatures of the Board
members on each sheet of the definitive plan in the lower right-hand
corner;
(22)
Location of existing utilities, underground or overhead, indicating
size, type, and location of easement;
(23)
An overlay at the same scale as the definitive plan showing
the NRCS interpretation of suitability for on-site sewage disposal,
or showing the USGS surficial geology, or both. Board of Health sanctioned
testing required under Title 5 (310 CMR 15.00) may be substituted
for this overlay. Test pit logs for locations selected by the Planning
Board and shown on one of the above overlays, with not less than one
pit per four proposed lots, selected to reveal general patterns of
subsurface characteristics, after consultation with the Board of Health
and the Conservation Commission;
(24)
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 fire fighting, and information
adequate to allow determination of compliance with these regulations
regarding potable water quality and quantity;
(25)
An erosion and dust control plan, indicating the erosion and
dust control measures to be employed, including description of locations
of temporary stockpiles, spoil areas, temporary drainage systems,
slope stabilization techniques, sediment basins, etc., and narrative
description of how dust is to be controlled and how erosion from individual
lots onto streets and into drainage systems is proposed to be controlled
and, in the case of subdivision of more than 15 lots, review comments
on the plan by the Conservation Commission and by the Natural Resources
Conservation Service or by others acceptable to the Board as expert
in soil erosion;
(26)
Where located within the Special Flood Hazard District, base
flood elevation (the level of the one-hundred-year flood data) for
proposals greater than five acres;
(27)
An engineer's estimate of materials with quantities required
to construct roadway, utilities and appurtenances for plan as submitted.
C.
Accompanying statements and data. The definitive plan shall be accompanied
by four copies of the following written statements:
(1)
Existing zoning and any easements, covenants and restrictions
applying to the area proposed to be subdivided.
(2)
Logs of results of all test pits made.
(3)
Data and proposed arrangements for water supply, sewerage, and
sewage disposal, including all appurtenances, as required by the Board
of Health.
(4)
Drainage calculations prepared by the applicant's engineer,
including design criteria, drainage area and other information sufficient
for the Board to verify the size of any proposed drain, swale, drainfield,
culvert, bridge, or catch basin. Said calculations are to be made
separately for each drainage facility, showing its location, the total
upstream drainage area, the percentage of impervious surfaces in the
drainage area, the runoff per acre, the design runoff, facility size,
slope and capacity, and the velocity of water through it. Describe
any areas subject to ponding or flooding, existing or proposed flood
control or wetland easements, estimated increase of peak runoff caused
by altered surface conditions, and methods to be used to return water
to the soils.
(5)
A complete list of any waivers requested from these Subdivision
Rules and Regulations.
(6)
Common land and ways.
(a)
As part of the submission of a definitive plan, the applicant
must state how he proposes to deal with any common land intended for
the use of all residents of the development and all ways within the
development. The applicant must elect one of the following options:
[1]
Convey by deed to each owner singly and in total so that each
owns to the center of the way abutting the owner's property and a
share of any common land equal to the proportion that owner's land
bears to the total land of all owners.
[2]
Convey by deed to a perpetual trust established to be responsible
for maintenance of all ways and common land.
[3]
Petition the Town to accept the way(s). Election of this option
shall require the selection of either Option [1] or [2] above to be
implemented if the Town refuses to accept the way(s).
(b)
The option selected shall be recorded on the definitive plan
and must be implemented before a bond, surety or covenant covering
improvements in the development may be released.
(c)
Evidence of compliance with this section shall consist of copies
of deeds containing wording to implement one of the options for all
lots sold up to the time release of the bond, surety, or covenant
is requested. Deeds for a minimum of 20% of all lots in the subdivision,
but no less than two lots, must be submitted to satisfy this requirement.
(d)
When driveways are shared by more than one lot, suitable permanent
easements must be included in the deed for the lot for which the driveway
passes, and this fact shall be included in the deeds of the other
lots served by the driveway. Reference to these easements shall be
shown on the definitive plan.
D.
Development impact statement (DIS). The impact of the proposed subdivision
is to be described according to the following criteria, except that
in the case of subdivisions containing 20 or fewer units, the Board
will normally waive some or all of these requirements. Unless this
requirement is waived by the Board, the DIS shall be prepared by an
interdisciplinary team including a registered landscape architect
or architect, a registered professional or civil engineer, and a registered
surveyor.
(1)
Physical environment.
(a)
Describe the general physical conditions of the site, including
amounts and varieties of vegetation, general topography, unusual geologic,
archeological, scenic and historical features or structures, location
of significant viewpoints, stone walls, trees over 16 inches in diameter,
trails and open space links, and indigenous wildlife.
(b)
Describe how the project will affect these conditions, providing
a complete physical description of the project and its relationship
to the immediate surrounding area.
(2)
Surface water and subsurface conditions.
(a)
Describe location, extent, and type of existing water and wetlands,
including existing surface drainage characteristics, both within and
adjacent to the project.
(b)
Describe any proposed alterations of shorelines, marshes, or
seasonal wet areas.
(c)
Describe any limitations imposed on the project by soil and
water conditions and methods to be used to overcome them.
(d)
Describe the impact upon ground and surface water quality and
recharge, including estimated phosphate and nitrate loading on groundwater
and surface water from septic systems, lawn fertilizer, and other
activities within the development. For subdivisions located in whole
or in part within the Town's Water Supply Protection District, as
established in the Zoning Bylaw,[6] this shall include an analysis of drainage system alternatives,
examining the concentration and speed of the transport of contaminants.
[Amended 10-17-2022]
(e)
Discussion of the stormwater management system, beginning with the existing surface drainage patterns in the area of the site and downstream. This discussion shall be consistent with § 300-4.6, Stormwater management. It shall also provide a description of maintenance requirements and associated annual costs for the stormwater management system.
(3)
Circulation systems.
(a)
Explain the reasons for location of streets and intersections as shown on the definitive plan, with specific reference to criteria set forth in § 300-4.1 below.
(b)
Project the number of motor vehicles to enter or depart the
site per average day and peak hour. Also state the number of motor
vehicles to use streets adjacent to the proposed subdivision per average
day and peak hour. Such data shall be sufficient to enable the Board
to evaluate 1) existing traffic on streets adjacent to or approaching
the proposed subdivision, 2) traffic generated or resulting from the
proposed subdivision, and 3) the impact of such additional traffic
on all ways within and providing access to the proposed subdivision.
Actual study results, a description of the study methodology, and
name, address, and telephone number of the person responsible for
implementing the study shall be attached to the DIS.
(4)
Support systems.
(a)
Water distribution. Discuss the types of wells proposed for
the site, means of providing water for fire fighting, and any problems
unique to the site.
(b)
Sewage disposal. Discuss the type of system to be used, suitability
of soils, procedures and results of percolation tests, and evaluate
impact of disposal methods on surface water and groundwater.
(c)
Refuse disposal. Discuss the location and type of facilities,
the impact on existing Town refuse disposal capacity, hazardous materials
requiring special precautions.
(d)
Fire protection. Discuss the type, location, and capacity of
fuel storage facilities or other flammables, distance to fire station,
and adequacy of existing fire-fighting equipment to confront potential
fires on the proposed site.
(e)
Recreation. Discuss the distance to and type of public facilities
to be used by residents of the proposed site, and the type of private
recreation facilities to be provided on the site.
(f)
Schools. Project the increase to the student population for
nursery, elementary, junior high and high school levels, also indicating
present enrollment in the nearest public schools serving these categories
of students.
(g)
Description of proposed utilities (i.e., water, sewer, cable,
telephone, electric and gas), including points and methods of connection
and capacity of the existing system.
(5)
Phasing. Where development of the subdivision will require more
than one year, indicate the following:
(a)
Describe the methods to be used during construction to control
erosion and sedimentation through use of sediment basins, mulching,
matting, temporary vegetation, or covering of soil stockpiles. Describe
the approximate size and location of portion of the parcel to be cleared
at any given time and length of time of exposure.
(b)
Describe the phased construction, if any, of any required public
improvements, and how such improvements are to be integrated into
subdivision development.
A.
Board of Health as to suitability of the land. The applicant shall
file with the Board of Health two prints of the definitive plan. The
Board of Health shall, within 45 days after filing of the plan, report
to the Board in writing and shall make specific findings as to which,
if any, of the proposed lots shown on such plan cannot be used for
building sites without injury to the public health, or is unsuitable
because of drainage conditions. The Board of Health shall make specific
findings and state reasons therefor in such report, and, where possible,
shall make recommendations for the adjustment thereof. The Board of
Health shall determine the extent of soil evaluation, which may include
deep test holes, percolation tests, and test borings, and shall determine
the number of tests to be required. At the time of the filing of the
definitive plan, the applicant shall stake all proposed lots and mark
proposed lot numbers on said lots for identification to facilitate
review by the Board of Health.
B.
On-site wastewater disposal. Notwithstanding Subsection A, a permit to construct an individual sewage disposal system for sanitary wastewater disposal shall be obtained from the Board of Health for each individual lot prior to the issuance of a building permit. A condition shall be recorded on the definitive plan as follows: "No building or structure shall be built or placed upon any lot without a permit from the Board of Health," or words to this effect.
C.
Other Town officials. Before approval of a definitive plan is given,
the Board will obtain appropriate checks on the engineering and survey
information shown on said plan, and written statements that the proposed
improvements shown are laid out to the satisfaction of the official,
as follows:
(1)
As to the design of the street system, location of easements,
and design of sewerage, water, and drainage systems, including appurtenances:
the planning consultant or engineer designated by the Board;
(2)
As to location, size, and species of street trees: the Tree
Warden.
(3)
As to the form of easements, covenants, and performance guarantee:
Planning Board Legal Counsel.
(4)
As to location of hydrants, fire ponds and cisterns, and with
regard to fire safety: the Fire Chief.
(5)
As to street safety: the Police Chief.
D.
Site visit. After the regular Board meeting at which the preliminary
plan is first discussed, or a definitive plan submitted without a
prior preliminary plan, the Board and/or its agent may schedule a
site visit to the proposed subdivision, accompanied by the applicant
and his representatives. In order to facilitate inspection and review
of the site of the proposed subdivision, temporary staking will be
required along the center line of all proposed roads in the subdivision
before said site visit or, if impractical, the Board may permit a
suitable alternative procedure.
E.
Public hearing. Before approval, modification, or disapproval of
a definitive plan is given, a public hearing shall be held by the
Board. Notice of such hearing shall be given in accordance with the
provisions of MGL c. 41, § 81T, as amended. A copy of said
notice shall be mailed, by certified mail, to the applicant and to
all owners of land submitted on Form D, Certified List of Abutters.[1]
[1]
Editor's Note: All forms are available from the office of
the Planning Board.
F.
Decision. 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:
(1)
Completeness of submissions; and technical adequacy of all submissions;
(2)
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;
(4)
Determination, based upon the developmental impact statement
(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.
A.
Failure to obtain endorsement. The applicant's failure to obtain
the endorsement of the Planning Board within six months from the date
of the approval of the definitive plan shall result in the automatic
rescission of said approval.
B.
Failure to construct. The applicant's failure to complete the construction
of the ways, utilities, and services shown on the definitive plan
within three years from the endorsement of said plan shall result
in the automatic rescission of the approval of said plan. Prior to
the expiration of said three-year period, applicant may request, in
writing, an extension of one year to complete the construction of
the ways, utilities, and services shown on the definitive plan for
good cause, which may be granted by the Planning Board upon the vote
of a majority of its members then present and voting.
A.
Final approval with bond or surety.
(1)
Before approval of a definitive plan, the subdivider shall either
file a performance bond, or deposit money or negotiable securities
in an amount determined by the Board, in accordance with the procedure
set below, to be sufficient to cover the cost plus 10% of all or any
part of the improvements specified herein, or follow the procedure
set forth below. Letters of credit are not acceptable. Passbooks shall
be accompanied by a form assigning same to the Town of Marion. A bond
estimate may be requested by the Board; such estimate shall remain
effective for 90 days. The estimate shall reflect the cost for the
Town to complete work under adverse conditions, which may necessitate
legal fees, public bidding, and additional Town staff time. Ordinarily,
the Board shall require an amount covering the total cost of construction
of all roads and other improvements within and without the subdivision.
Such bond or security, if filed or deposited, shall be approved as
to form and manner of execution by the Planning Board Legal Counsel,
and as to sureties by the Town Treasurer. Such bond or security shall
be contingent on the completion of such improvements not later than
three years from the date of the endorsement of the definitive plan.
Failure to so complete shall result in the automatic rescission of
the approval of the definitive plan by the Board, unless the Board
extends said period, for good cause shown, after the written request
of the applicant prior to the expiration of said period.
B.
Final approval with covenant. Instead of filing a bond or depositing surety, the subdivider may request approval of the definitive plan on condition that no lot in the subdivision shall be sold, and no building shall be erected thereon, until the improvements specified in Article V are constructed and installed so as to adequately serve said lot or lots. Such covenants shall be executed and duly recorded by the owner(s) of record, and shall run with the land. Proposed covenants shall be submitted with the definitive plan, and shall be approved as to form by the Town Counsel or Special Town Counsel. Such covenant shall state that the improvements shown on the definitive plan shall be completed not later than three years from the date of the endorsement of the definitive plan. Failure to so complete shall result in the automatic rescission of the approval of the definitive plan by the Board, unless the Board extends said period, for good cause shown, after the written request of the applicant prior to the expiration of said period. Covenants and stated conditions therein shall be referred to on the plan and recorded in the Registry of Deeds. The subdivider shall promptly, after recording, send a copy of the covenant, showing book and page number, to the Board.
C.
Converting covenant to another performance guarantee.
(1)
If the applicant desires that lots be released from a covenant
and that the improvements remaining to be constructed or installed
be secured by another form of performance guarantee, a formal written
request shall be sent to the Planning Board by registered mail, which
sets forth and includes:
(a)
The extent and scope of remaining work to be completed to satisfy
the requirements for the construction or installation of all required
ways and municipal services; and
(b)
An estimate, pursuant to these regulations, which reflects all
remaining costs related to the construction of all required ways and
installation of all required municipal services; and
(c)
The form and type of guarantee being given to the Planning Board
to secure all remaining improvements.
(2)
The Planning Board or its agent will make a determination as
to the sufficiency of the submitted estimate, and, if such estimate
is accepted, a new performance guarantee will be given to the Planning
Board. Upon acceptance by the Planning Board of the new performance
guarantee, all applicable lots shall be released from the covenant.
D.
Converting bond, deposit, or agreement to covenant. If the applicant
desires to secure by means of a covenant the construction of ways
and the installation of municipal services in a portion of a subdivision
for which no building permits have been granted nor any lots have
been sold, and to have the Planning Board release the bond, deposit
of money or negotiable security, or agreement and mortgage previously
furnished to secure such construction and installation, the applicant
shall submit to the Planning Board a reproducible tracing and three
contact prints of the reproducible tracing of the definitive subdivision
plan, limited to that part of the plan which is to be subject to such
covenant. Upon approval of the covenant by the Planning Board, reference
thereto shall be inscribed on such section of the plan, and it shall
be endorsed by the Planning Board and recorded with the covenant at
the expense of the applicant. Certified copies of all documents which
the applicant records at the Registry of Deeds shall be provided to
the Planning Board as set forth in these regulations.
E.
Using performance guarantee in case of default. If the applicant
fails to complete the construction and installation work to the satisfaction
of the Planning Board and in compliance with all applicable agreements,
plans, regulations, and specifications, the Planning Board shall be
entitled to enforce any bond or to use any deposit or other securities
for the benefit of the Town to the extent necessary to complete all
such required work without delay. The performance guarantees shall
be used to cover all costs to the Town of completing such construction
and installation. The Town, at its option, may enter upon the premises
of the subdivision and itself, or through others, supply whatever
materials and perform whatever work it deems necessary to remedy such
failure and complete all work called for to be performed by the applicant.
If the performance guarantee posted by the applicant is not sufficient
to complete the required subdivision improvements or to remedy any
failure of installed improvements, the Town, at its option, may initiate
proceedings to recover the additional costs necessary from the applicant
to correct and complete all required work. The proceedings shall include
an amendment to the approved subdivision plan in accordance with these
regulations to increase the amount of the performance guarantee. If
the applicant does not provide the additional security, the Planning
Board may initiate appropriate legal action to ensure compliance.
A.
Certificate of approval. The action of the Board with respect to
any definitive plan shall be by vote, copies of which shall be certified
and filed with the Town Clerk and sent by registered mail to the applicant.
If the Board modifies or disapproves such plan, it shall state in
its vote the reason for such modification or disapproval. 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 Board's action with the Town Clerk and said
Clerk has notified the Board that no appeal has been filed.
(1)
After the definitive plan has been approved and endorsed, the
applicant shall furnish the Board with eight blackline and the original
thereof. The Planning Board, upon receipt of the blackline and the
original, shall send one blackline to each of the following boards
or supervisors of the Town of Marion: Fire Department, Conservation
Commission, Board of Health, Board of Assessors, Municipal Light Board,
and Department of Public Works, and shall retain the original and
two copies for its own files.
[Amended 10-17-2022]
(2)
Final approval of the definitive plan does not constitute the
laying out or acceptance by the Town of streets within a subdivision.
B.
Recording of plan. Within 30 days after the return of an approved
plan, the applicant shall cause to be recorded in the Plymouth County
Registry of Deeds, and in the case of registered land with the Recorder
of the Land Court, a copy of the approved definitive plan and accompanying
covenants and agreements, if any. Following plan approval, endorsement,
and recording, the applicant shall provide the Board with five prints
of the definitive plan, one of which shall be certified by the Registry
of Deeds as having been recorded, and one copy of final covenants
and restrictions, noting book, page number, and date of recording
for each. One copy of the definitive plan shall be forwarded to the
Building Commissioner by the Board.
Before the Board shall finally release a performance bond or a deposit, or in the case of approval with covenants, issue a final release of a covenant, all held pursuant to § 300-3.6 above, the applicant shall:
A.
File with the Board a certified copy of the layout plan of each street
in the subdivision marked "As Built." In the case of approval with
covenants, the applicant may show only the street or streets serving
the lots for which a release is desired on the layout plan. Certification
shall be by a registered professional engineer or land surveyor, and
shall indicate that streets, storm drains, sewers, water mains, and
their appurtenances have been constructed in accordance with said
plan and are accurately located as shown hereon.
B.
Obtain and submit to the Board written evidence that the required
improvements, as set forth herein, have been completed to the satisfaction
of the official listed below:
(1)
For the planting of any required street trees: Tree Warden;
(2)
For the placing of monuments and construction of all other required
improvements and the performance of all other required work: Planning
Board and/or its designated agent;
(3)
For streets, drainage and stormwater management, in conformance
with the approved definitive plan: Planning Board and/or its designated
agent;
(4)
For underground wiring, water mains, sanitary sewers, storm
sewers, hydrants, fire ponds, and fire alarms, as in conformance with
the approved definitive plan: Planning Board and/or its designated
agent.
A.
General. Upon completion of the improvements required under § 300-3.8B, or the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the Town Clerk a statement, in duplicate, that said construction or installation in connection with any bond, deposit, or covenant has been completed in accordance with the requirements of Article IV. Such statement shall contain the name and address of the applicant, and the date of filing with the Town Clerk. The Town Clerk shall forthwith furnish a copy of the statement to the Board. If the Board determines that said construction or installation has been completed, in accordance with §§ 300-3.7 and 300-3.8 above, it shall release the interest of the Town in such bond or deposit and return the bond or deposit to the person who furnished same, or issued a release of covenant in a form acceptable for recording. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant in writing the details wherein said construction or installation fails to comply with the provisions of Article IV. Upon failure of the Board to so notify the applicant within 45 days after the receipt by the Clerk of said statement, all obligations under the bond shall cease and terminate by operation of law, and the deposit shall be returned, and any covenant shall become void. In the event that such forty-five-day period expires without notification by the Board, or without the release and return of the bond, or the return of the deposit, or the release of the covenant, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which shall be recorded by the applicant.
B.
Ways and services. The Board shall release from covenants only those
lots for which installation and construction of ways and services,
including drainage facilities, have been completed, in accordance
with these rules and regulations. The applicant shall submit the appropriate
form when applying for the release of a lot from a covenant.
C.
Pavement. The Board shall not release any bond, deposit, or covenant
nor shall a building permit be granted for any lot until the first
course of pavement has been installed with manhole covers and other
structures set therein at the level of such first course.
A.
Purpose. The purpose of this section is to provide qualified subdividers an option to develop a parcel of land under less stringent requirements, where, and only where, the Board determines that such alternative procedures will promote development of the parcel in the best interest of the Town, considering the factors specified in Subsection C below. The submittal of a residential compound plan (RCP) shall be treated as the submittal of a definitive plan for the purposes of the Subdivision Control Law. The developer may, at his option, first submit a preliminary plan. The approval of a residential compound shall not be construed as denial of the right to subdivide the property, and the applicant shall retain all rights to submit a plan under Sec. II.B and III.B, herein. Applicants are advised to see § 230-5.1, Note 11, of the Zoning Bylaw for provisions regarding reduced lot frontage within a residential compound.
B.
Eligibility.
(1)
Applicants for subdivision of land contained entirely within the Residence A, B, C or D District may request that their proposal be handled as a residential compound plan. The requirements for development of a residential compound are less stringent than for a subdivision under § 300-3.3 herein. Prior to investing in extensive professional design costs for preparation of a RCP, the applicant is invited to review the proposed development of the parcel of land with the Board, in order to explore general conditions involving the site and to discuss potential problems. Pencil sketches, which need not be professionally prepared, will assist in this discussion, and should show the critical features described in Subsection D below.
(2)
To qualify for consideration as a RCP, the subdivision must satisfy all of the following conditions; provided, however, the satisfaction of the following conditions shall only result in rendering the plan eligible for further consideration by the Board pursuant to Subsection C below, and does not guarantee approval:
(a)
The RCP must create at least two but not more than six lots
and have a minimum of 100 feet of frontage on an existing public way
in Marion.
(b)
All lots so created shall be accessed by a common private way
created herewith.
(c)
Each lot shall have at least 50 feet of frontage on the common
private way and shall contain 150% of the minimum area requirement
for the district in which it is located; provided, however, that the
contiguous uplands area required to compute such minimum lot area
shall be based upon the minimum lot area requirement for the district
in which the lot is located, and not upon the area of the actual lot.
(d)
The common private way shall extend from a Town of Marion approved
or accepted public way, and shall end in a cul-de-sac, as described
below.
(e)
Not more than one RCP subdivision shall be created from a property,
or a set of contiguous properties held in common ownership as of date
of enactment. Documentation to this effect shall be submitted to the
Planning Board along with the application for RCP approval. No further
division of the subject property shall be permitted after the creation
of the RCP.
(f)
A buffer zone of at least 200 feet in width of indigenous vegetation
shall separate the structures in the development from any adjacent
public way. No vegetation shall be removed from this buffer zone after
the development of the residential compound, nor shall any building
or structure be placed therein.
C.
Criteria for Planning Board approval. The Planning Board may approve
a RCP subdivision upon a determination that the RCP, as compared to
a conventional subdivision of the same parcel, is likely to:
(1)
Reduce the number of lots having egress onto existing public
ways;
(2)
Reduce the number of lots having frontage on existing public
ways;
(3)
Reduce cut and fill in road construction and subdivision development
and reduce removal of indigenous vegetation;
(4)
Promote public safety and welfare, particularly with regard
to traffic and pedestrian safety;
(5)
Be constructed in a manner which will minimize the visual impact
of the development of the subject parcel of land as viewed from the
public way providing access to the RCP subdivision, or from adjacent
residentially zoned properties;
(6)
Produce less irregularly shaped or contorted lot configurations;
or
(7)
Promote housing affordable to persons or families of low or
moderate income, as defined by the standards and criteria of the Massachusetts
Department of Housing and Community Development.
D.
Application.
(1)
The Planning Board may request the submission of all of the information required for the submittal of a definitive plan. The Planning Board, however, may waive such requirements, after considering the factors specified in §§ 300-3.10B and 300-3.10C above. In that event, any plan acceptable to the Registry of Deeds may be submitted, provided that on that plan or on separate documents, the following information has been provided:[1]
(a)
Center line profile of proposed common private way;
(b)
Location of any wetlands;
(c)
Proposed drainage;
(d)
Proposed utilities and road construction design;
(e)
Proposed lot lines and building sites;
(f)
Scale and area of vegetative screening separating the common
private way and common ownership lots from adjacent public way;
(g)
Names of abutters from the latest available Assessor's records.
[1]
Editor’s Note: This subsection was amended as part of
the recodification of the Town’s General and Zoning Bylaws adopted
10-23-2017 STM by Art. S7. The specific changes made are noted in
a document entitled “Town of Marion Final Draft,” dated
August 16, 2017, which document is on file in the Town offices.
(2)
Such plan shall be prepared by a registered professional engineer,
land surveyor, architect or landscape architect, unless this requirement
is waived by the Planning Board.
E.
Filing fee. A filing fee as set forth in the Planning Board Fee Schedule
in Appendix A shall be submitted with the application form to cover
costs of processing and initial engineering review.[2] In the event that the Board determines that unusual or
exceptional circumstances necessitate expert technical review that
exceeds the cost of the filing fee, the cost of obtaining such expert
technical review shall be paid by the subdivider.
[2]
Editor's Note: The Planning Board Fee Schedule is on file
in the Planning Board office.
F.
Conditions. Any plan approved as an RCP must contain or refer to
recorded covenants regarding each of the following:
(1)
The common private way shall remain permanently a private way,
which shall not be extended.
(2)
The common private way shall not be connected to any other way
except where it originates on a public way.
(3)
The lots shall obtain access from the common private way if,
and only if, ownership of the lot provides membership in an automatic
membership homeowners' association, in a form acceptable to the Planning
Board, which association shall be responsible for all maintenance
and snow removal of or from the common private way. The homeowners'
association shall retain all rights in the common private way.
(4)
The common private way does not meet the standard of the Town
for acceptance for new ways and shall not be proposed for such acceptance.
(5)
Owners of lots in the RCP shall be subject to betterments for
the common private way, payable to the Town.
(6)
The homeowners' association shall indemnify, hold harmless and
release the Town from liability for any damages resulting from any
action brought by a third party or the association in any court due
to the repair, use or maintenance of the common private way.
G.
Common private ways. Common private ways shall have:
(1)
A staging area to promote ease of access from the common private
way to the abutting public way, and to provide for the proper discharge
of water from the common private way onto the abutting public way.
The staging area shall be at least 40 feet in length from the pavement
on the public way, with a minimum width of 20 feet of pavement in
accordance with the Subdivision Regulations, and sloped not more than
four-percent grade for the 40 feet it extends from the pavement on
the public way.
[Amended 10-17-2022]
(2)
A center line intersection with the street center line of not
less than 60°.
[Amended 10-17-2022]
(3)
A roadway surface, on that portion of the common private way
extending beyond the staging area, of a minimum of six inches of graded
gravel, placed over a properly prepared base, graded and compacted
to drain from the crown; provided, however, that the applicant may
seek a waiver of this provision upon a demonstration that alternative
construction standards meet the access and safety standards of this
provision. Any subsequent change to the roadway surface after the
construction of the RCP shall require a modification of the endorsed
plan pursuant to MGL c. 41, § 81W.
(4)
Proper drainage appurtenances, where required, to prevent washout
and excessive erosion, with particular attention to the staging area
to provide for the proper discharge of water from the common private
way onto the abutting public way.
(5)
A roadway surface, on that portion of the common private way
extending beyond the staging area, with a minimum width of 20 feet
for its entire length, and a minimum right-of-way width of 25 feet
for its entire length.
[Amended 10-17-2022]
(7)
A buffer zone of not less than 30 feet in width of indigenous
vegetation separating the common private way from any preexisting
residential lot line.
H.
Processing and decision. The Planning Board shall review a RCP in accordance with the procedures set forth in § 300-3.3. The Planning Board shall render a decision regarding a RCP in accordance with the provision of MGL c. 41, § 81U and § 300-3.3 herein. To the extent that the RCP is designed with lesser requirements for road width, right-of-way width, and the like, such lesser requirements shall be considered as waivers from the otherwise applicable requirements of § 300-3.3 for definitive plans.
