Town of Chelmsford, MA Article II Plan Procedures

§ 202-5 Submission of plans.

Plans intended for review at a regular meeting of the Planning Board shall be forwarded to the Planning Board Clerk not later than 4:00 p.m. two working days prior to the Planning Board meeting. The day of the next regular Board meeting shall be considered to be the date of submission for all plans, except that the date of mailing shall be the date of submission for definitive plans sent by registered mail to the Planning Board in care of the Town Clerk. For plans transmitted to the Planning Board other than at a regular Board meeting or other than through the Town Clerk, the date of submission shall be considered to be the day of the next regular Planning Board meeting after such transmittal. Plans shall not be considered submitted until all required documentation has been received.

§ 202-6 Plans not requiring approval.

A. Submission. Any person applying for endorsement of a plan that he or she believes does not require approval under the Subdivision Control Law shall submit the original and six prints of the plan and Application Form A to the Planning Board.[1] The applicant shall also file with the Town Clerk, by delivery or by registered or certified mail, postage prepaid, a notice stating the date of submission for such determination along with a copy of Application Form A.

[1] Editor's Note: Application Form A is available from the office of the Planning Board.

B. Fees. All plans not requiring approval under the Subdivision Control Law submitted to the Planning Board for review must be accompanied by a check for the fee in the amount of $25 for each lot on the plan that will have any change, however slight.

[Added 8-23-1995]

C. Required information. Such plans shall show all of the following:

(1) Any existing structures on the land shown on the plan and dimensions of yards.

(2) Any existing structures on any remaining adjoining land owned by the applicant and dimensions of yards.

(3) Remaining frontage and area of any adjoining land in the same ownership.

[Amended 9-28-1994]

(4) Present owner of the land shown on the plan and all abutting owners.

(5) Location of any easement or way, public or private, across the land, with a designation as to the use of the same.

D. Criteria. If all lots meet one of the following criteria, the plan is not a subdivision and approval under the Subdivision Control Law is not required. The Planning Board will so endorse the plan, provided that a registered land surveyor certifies that Subsection D(1), (2) or (3) is true.

[Amended 9-28-1994]

(1) Each lot on the plan or altered by it meets one of these criteria:

(a) It has all the frontage required under zoning on:

[1] A public way;

[2] A way which the Town Clerk certifies is maintained and used as a public way;

[3] A way shown on a plan approved and endorsed earlier by the Planning Board under this chapter;

[4] A way in existence on March 8, 1937, having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon; or

[5] A way shown on a plan of a subdivision registered in the Land Court prior to February 1, 1952.

(2) Each lot on the plan contains a building which existed prior to March 8, 1937.

(3) The plan simply describes already existing parcels with no new lot divisions.

E. Ways in existence. In determining whether an existing way provides adequate access to qualify a plan as not constituting a subdivision, the Board shall consider the following conditions, among others:

(1) Is the right-of-way at least 30 feet wide and of reasonable horizontal alignment?

(2) Does the existing horizontal and vertical alignment of the roadway provide safe visibility?

(3) Is the roadway constructed at least 18 feet wide, with at least eight inches of gravel and with adequate provisions for drainage?

(4) If the road could ever service more than six dwelling units, is it bituminous surfaced or have provisions been made for such surfacing without cost to the town?

(5) Have provisions been made for public utilities without cost to the town?

§ 202-7 Preliminary plan.

A. Presubmission review. Prior to investing in extensive professional design efforts for subdivision plans, it will often prove useful to review the proposed development of a parcel of land with the Planning Board, in order that general approaches and potential problems can be freely explored. Pencil sketches, which need not be professionally prepared, will assist the discussion and might show some but not all of the information shown on a preliminary plan. In some cases, this presubmission review may eliminate the need for such a preliminary plan.

B. Preliminary plan conferences. Ordinarily three preliminary conferences with the Board and the preparation of one or more preliminary subdivision plans are involved before notice is given by the Board of a public hearing on a subdivision plan. This enables the applicant, the Board, other town officers and owners of property abutting the subdivision to discuss and clarify any problems before a definitive plan is prepared.

C. Submittals.

(1) Preliminary subdivision plans. A preliminary subdivision plan may be a drawing in pencil or a print thereof. Six copies thereof shall be presented to the Board. Such plan shall contain, in addition to other specific information deemed necessary by the Board in any particular instance, the following information. Existing features are to be shown at the level of detail shown on Town of Chelmsford topographic maps; proposals are to be located and dimensioned to the nearest foot.

(a) The subdivision name (if any), boundaries, North point, latest revision date, scale, legend, the title "Preliminary Plan" and a Planning Board file number (to be assigned by the Planning Board engineer and to appear in the lower right-hand corner of each sheet submitted).

(b) The names of the record owner and the applicant and the name, seal and signature of the designer, engineer or surveyor.

(c) The names of all abutters, as determined from the most recent local tax list.

(d) The existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner.

(e) The proposed system of drainage, including adjacent existing natural waterways, in a general manner.

(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 topography of the land in a general manner, including:

[1] Contour lines at two-foot contour intervals, referenced to the town benchmark datum.

[2] Existing buildings, if any.

[3] Major site features, such as rock ridges, ledge outcroppings, swamps and bodies of water.

[4] Location of existing facilities for municipal services.

[5] The edge of tree cover and the approximate location of isolated trees over six inches in trunk diameter or other critical trees identified by the Board.

(2) Locus plans. Preliminary plans shall include or be accompanied by a locus plan at one inch equals 800 feet indicating the relationship of the proposed subdivision and its streets to nearby development. In the case of a preliminary plan covering less than all of the land owned by the subdivider in the area of the subdivision, the preliminary plan shall be accompanied by a plan showing in a general manner the overall proposed development of all the land owned by the subdivider in the area of the subdivision and indicating the section for which approval is desired.

D. Filing of preliminary plans and first preliminary conference. Initial preliminary plans shall be filed with the Board for the purpose of a first preliminary conference. Said conference shall be held to acquaint the Board with the general character of the development proposed and the intention of the developer and to acquaint the developer with the overall requirements of the Board and the town's subdivision regulations.

E. Staking and second preliminary conference. After the first preliminary conference with the Board, the approximate center line of proposed streets shall be staked out to permit inspection by the Board and other town officers. The applicant will be informed by the Board when such inspection has been completed, and arrangements will be made for a second preliminary conference with the Board. At such second conference or thereafter, the Board usually grants its approval of the preliminary subdivision plan with or without modifications suggested by it or agreed upon by the applicant. However, no such approval constitutes a waiver of the Board's right to require further changes in the plan.

F. Third preliminary conference. At the third conference the applicant submits the proposed definitive subdivision plan and plans and profiles of ways, together with other materials required under § 202-8A.

§ 202-8 Definitive plan.

A. Application procedure. Any person who desires approval of a definitive plan of a subdivision shall:

(1) Submit to the Planning Board the following, with the drawings consolidated onto a single sheet or on separate sheets:

(a) Ten contact prints of the definitive plan, dark line on white background. (See Subsection B for contents.) The original drawing of the definitive plan will only be needed if and when signing of the plan takes place.

(b) Ten copies of a locus plan of the subdivision at one inch equals 800 feet, showing proposed roads and their relation to the surrounding area and the location of the zoning district or districts applicable to the site.

(c) Ten prints of street plans and profiles of every proposed street. (See Subsection C for contents.)

(d) Ten prints of street cross sections for each class of street within the subdivision, drawn at one inch equals four feet, showing the location of all utilities and other elements within the street right-of-way and typical cross sections of any altered drainage courses or off-street paths.

(e) A properly executed Application Form C.[1]

[1] Editor's Note: Application Form C is available from the office of the Planning Board.

(f) A submittal fee of $50 per lot (minimum of $250) created within the subdivision.

(g) Drainage calculations, certified by the engineer who prepared them.

(h) Evidence of ownership and, if requested by the Board, traverse notes, 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, description of erosion control methods to be employed and cross sections of proposed streets at critical locations showing existing and proposed grade for the width of the right-of-way plus 25 feet on each side.

(i) If necessary in order to determine compliance with the requirements or intent of this regulation, the Board may require specialized engineering or environmental analyses to be prepared at the expense of the applicant.

(j) One copy of the environmental information report, if required. (See Subsection D.)

(k) 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.

(l) A construction plan. (See Subsection E for contents.)

(2) Submit to the Town Clerk by delivery or registered or certified mail:

(a) A notice stating the date of definitive plan submission to the Planning Board.

(b) A copy of the completed Application Form C.

(3) Submit to the Board of Health:

(a) Two copies of the definitive plan.

(b) Two copies of the street plans and profiles.

(c) A copy of the completed Application Form C.

(d) Two copies of the separate sheet showing topography [Subsection A(1)(l) above].

B. Definitive plan contents. The definitive plan shall be prepared by a registered land surveyor in a form acceptable to the Middlesex County Registry of Deeds. It shall contain the following:

[Amended 9-28-1994]

(1) Subdivision name, North point, legend, date, annotation of revision dates and contents, scale and Planning Board file number (to be assigned by the Planning Board engineer and to appear in the lower right-hand corner of each sheet submitted).

(2) Name and address of the record owner and of the subdivider and stamp and signature of the registered land surveyor and any other professionals engaged in the design, in each case certifying that elements of the plan for which they are responsible have been prepared in accordance with these regulations.

(3) Location and names of all abutters as they appear on the most recent tax list, including property owners on the opposite side of any streets abutting the subdivision.

(4) Sufficient data to readily determine the location, direction and length of every existing and proposed street, way, easement, lot and boundary line and to establish those lines on the ground.

(5) The area of each lot and the zoning lot area calculated as defined in the Chelmsford Zoning Bylaw,[2] if different.

[2] Editor's Note: See Ch. 195, Zoning.

(6) Lot numbers shown enclosed in a circle and street numbers enclosed in a square.

(7) Location of all permanent monuments, properly identified as to whether existing or proposed.

(8) Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision and designation as to whether public or private.

(9) Existing and proposed watercourses and ponds.

(10) Reference identifying applicable street plans and profiles, covenants or other relevant documents, whether recorded or not.

(11) Suitable space for endorsement by the Town Clerk and by the Planning Board, with spaces for annotating date of approval and date of endorsement.

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 and one inch equals four feet vertical, with elevations referenced to the town datum, drawn in India ink on tracing cloth or in pencil on polyester film, showing the following data:

(1) Subdivision name, owner's name and address, boundary lines of ways, North point, scale, date, annotation of revision dates and content and Planning Board file number, as on the definitive plan.

(2) Stamp and signature of the professional engineer preparing the plan.

[Amended 9-28-1994]

(3) The plan shall show bearings and distances, radii and arcs, central angle and tangent distances on all curves with stationing on the center line.

(4) The profile shall show the existing ground on the center line in a solid black line, the existing right side in a short dash line and the existing left side in a long dash line. The proposed grade shall be shown in a heavy black line with the elevation shown at each fifty-foot station, with the rate of grade indicated.

(5) The grade of all streets intersecting the proposed streets shall be shown for at least 100 feet each side of the intersection of street center line.

(6) The proposed drainage, catch basins, manholes, pipes and any other drainage facilities shall be shown on both plan and profile.

(7) All plans and profiles shall include a notation on each drawing that the same is one of an indicated total number of sheets.

(8) Such additional information as the Board may deem necessary, including the plan of the fire alarm installation.

D. Environmental information. An environmental information report shall be submitted for any subdivision creating frontage potentially allowing 20 or more dwelling units. For subdivisions potentially allowing fewer than 20 dwelling units, the Board may require that certain of the following be submitted where necessary to evaluate the plan because of special circumstances of the location or proposal. An environmental information report for a subdivision shall include the following documentation. Drawings shall be at uniform scale on sheets not larger than 42 inches by 60 inches.

(1) Drawings showing all information not otherwise submitted which is listed under Section 4.2 of the regulations of the Massachusetts Department of Environmental Quality Engineering adopted under MGL c. 131, § 40, unless certain items are waived by the Board as not being relevant or feasible. (See Appendix A for detailed list.[3])

[3] Editor's Note: Appendix A is included at the end of this chapter.

(2) A narrative statement shall also be submitted, documenting the following with reference to the environmental information maps, where relevant:

(a) Impact upon surface water quality and level.

(b) Impact upon groundwater quality and level.

(c) Material effects upon important wildlife habitats, outstanding botanical features and scenic or historic environs.

(d) Capability of soils, vegetative cover and proposed erosion control efforts to support proposed development without danger of erosion silting or other instability.

(e) Relationship to the requirements of MGL c. 131, §§ 40 and 40A (the Wetlands Protection Act).

E. Construction plan contents. The construction plan shall be drawn at a scale of one inch equals 40 feet and shall contain the following:

[Amended 9-28-1994]

(1) Subdivision name, North point, legend, date, annotation of revision dates and contents, scale and Planning Board file number in the lower right-hand corner.

(2) At two-foot contour intervals, existing topography and topography resulting from development of streets, drainage and other required improvements, referenced to the town datum.

(3) Location of tree cover and selected individual trees {see § 202-7C(1)(h)[5]}, existing structures, including fences and walls, existing water supplies and on-site disposal systems, wetlands and, if encountered, the boundary of the Floodplain District established in the Zoning Bylaws.[4]

[4] Editor's Note: See Ch. 195, Zoning, Art. XI, Floodplain District.

(4) Existing and proposed streets, ways and easements.

(5) Road center line stationing, referenced to the street plans and profiles.

(6) Drainage system schematic layout, with elevations and sizes for any facilities not shown on the plans and profiles of streets.

§ 202-9 Review procedures.

A. Board of Health. The Board of Health shall report to the Planning Board, in writing, with signatures of a majority of its members, its approval or disapproval of the plan, as required by MGL c. 41, § 81U. 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 reason therefor in such report and, where possible, shall make recommendations for the adjustment thereof. Approval of the plan by the Planning Board shall then only be given provided that the developer documents having reviewed the plan with the Board of Health and only on condition that the lots or land as to which specific findings were made shall not be built upon without prior consent of the Board of Health. The Board shall endorse on the plan the lots or land to which said conditions apply.

B. Conservation Commission review. The developer shall document prior to Planning Board approval of the definitive plan either that the Conservation Commission has determined that the Wetlands Protection Act is not applicable to the proposed development or that the developer has filed a notice of intent with the Commission. Concurrent review by the Conservation Commission and Planning Board is recommended, to be exercised at the developer's option.

C. Review by other town officials. Previous to approval of any definitive plan and profile, the Planning Board will require a letter of recommendation from the Director of Public Works, the Chief of the Fire Department and the appropriate Water District.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 200, General Provisions, Art. II).

D. Public hearing. The Board will not approve a definitive subdivision plan submitted to it until it shall have held a public hearing with respect to such plan. Notice of each such public hearing shall be given by the Board in accordance with the laws of the commonwealth.

§ 202-10 Action by Planning Board.

A. 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 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.

(3) Conformity with the requirements of Article III.

(4) Determination, based upon the environmental information report (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.

(5) Conformity with all applicable zoning requirements.

(6) Consistency with the purposes of the Subdivision Control Law.

B. Following such action, the Board will file a certificate of its action with the Town Clerk (Forms D-1 and D-2)[1] and will send notice of its action by registered or certified mail to the applicant at his or her address stated in the application. The Board will send a brief summary of its action to any person interested upon written request therefor stating the name and address of the person to whom the summary shall be sent. A copy of the covenant shall be transmitted by the Board to the Inspector of Buildings.

[1] Editor's Note: Forms D-1 and D-2 are available from the office of the Planning Board.

C. The Board's approval of a subdivision plan, if granted, shall be endorsed on the definitive plan only after the expiration of any applicable statutory appeal period.

D. Performance guaranty.

(1) Before the Board endorses its approval on the plan, the owner shall execute an appropriate covenant (a sample of which is attached to these rules and regulations as Form E[2]) which shall be recorded with the subdivision plan stipulating that no lot of the land shown on the plan shall be sold or buildings or other structures erected or placed thereon or application for a building permit made with respect to any such lot until:

(a) The streets shown on the subdivision plan and the streets and any footpaths required by the Board shown on the plans and profiles have been brought to subgrade throughout in accordance with the requirements of these rules and regulations, including the installation of required catch basins, drains, culverts and other drainage facilities.

(b) Facilities for water in accordance with § 202-15 and in accordance with the requirements of the appropriate Board of Water Commissioners have been installed throughout the streets shown on the plan.

(c) The subdivision plan, bearing the Board's signed endorsement thereon, and a signed copy of such agreement have been recorded in the Registry of Deeds or with the Recorder of the Land Court.

(d) The owner has executed a contract with the Board on behalf of the town (samples of which are attached to these rules and regulations as Forms F-1 and F-2[3]), accompanied by appropriate security to secure performance of the terms and conditions thereof, to complete construction of all required improvements not later than a specified date.

[3] Editor's Note: Forms F-1 and F-2 are available from the office of the Planning Board.

(e) The owner has recorded in the Registry of Deeds or with the Recorder of the Land Court a certificate of release from the Board indicating that the conditions set forth in Subsection D(1)(a) to (d) of this section have been met. In addition, the owner shall covenant that no building certificates of use and occupancy shall be applied for until streets serving such building have been surfaced with at least a two-inch binder course of bituminous concrete.

[Amended 9-28-1994]

[2] Editor's Note: Form E is available from the office of the Planning Board.

(2) However, nothing in this Subsection D shall be construed as a limitation on the authority of the Board to condition its approval of any plan upon the satisfaction of conditions in addition to those referred to in this subsection.

E. Copies of documents. Following plan approval, endorsement and recording, the applicant shall provide the Board with one polyester film reproducible and five prints of the definitive plan and one copy of final covenants and restrictions, noting book, page number and date of recording for each, and one polyester film reproducible and five prints of the street plan and profiles. One copy of the definitive plan shall be transmitted to the Inspector of Buildings by the Planning Board.

F. Release of performance guaranty.

(1) General. Upon completion of improvements required by this regulation, the subdivider may request either partial or full release of the performance guaranty by sending a statement of completion and request for release by registered mail to the Planning Board and to the Town Clerk. Release will be granted only following written approval by the Planning Board engineer and any other town officials concerned with the work performed. Copies of release from covenants or agreements regarding building or use and occupancy permits shall be sent by the Planning Board to the Inspector of Buildings.

(2) Partial release. The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest, and provided that appropriate arrangements have been made for later disposition of such interim facilities as temporary turnarounds.

(3) Security.

(a) The Board may release the applicant 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, paragraph 11.)

(b) The Board shall retain security in an amount equal to at least 15% of the total cost of improvements until the integrity of road pavement and drainage has been verified following a full winter in place and an amount equal to at least 5% of the total cost until trees and other vegetation have been established and the fee has been conveyed to the town or three years have elapsed since completion of the improvements.

(4) Refusal of release. If the Planning Board determines that said construction or installation has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the Town Clerk the details wherein said construction and installation fails to comply with the requirements of this regulation.

G. Rescission. Failure of the developer to record the definitive plan within six months of its endorsement; or to comply with the construction schedule incorporated into the performance agreement; or to initiate construction of improvements or sell lots in a subdivision or portion thereof within seven years of the approval of the definitive plan; or to comply with all applicable Zoning Bylaws and requirements of the Conservation Commission under the Wetlands Protection Act; or the unauthorized departure from any agreements made or plans submitted, whether or not at the direction of other public agencies, shall constitute reason for the Planning Board to consider rescission of such approval, in accordance with the requirements and procedures of MGL c. 41, § 81W.

§ 202-11 Street status.

A. Approval not to constitute acceptance of streets or footpaths. Approval by the Board of a definitive subdivision plan shall not constitute the laying out or acceptance by the town of any streets or footpaths within a subdivision.

B. Ownership of ways and easements.

(1) The subdivider shall retain title to the fee of each street, path or easement in or appurtenant to the subdivision until conveyed to the town or for at least three years after completion of improvements, whichever is the lesser, and shall maintain and repair the roads and drainage facilities in a manner satisfactory to the Board during that period. Notation that fee is to be retained shall be placed on the definitive plan. However, this provision may be waived by the Planning Board for subdivisions where the public interest is served by retention of private ways and means of securing such retention and their maintenance have been agreed upon.

(2) Prior to final release of security, the developer shall submit all necessary documentation for street acceptance, including plans in form acceptable to the Registry of Deeds, legal description, easements, list of owners and mortgagees of lots having rights in the street and any grants of rights necessary.

C. Completion within three years. The Board may decline to approve any plan unless the applicant agrees to complete the ways shown thereon and install the public utilities aforesaid within three years of the date of approval. If the ways in any subdivision are not complete and the utilities aforesaid are not installed within the time so agreed to by the applicant or so required by the Board, the Board's approval of the definitive plan shall lapse, and no such way shall thereafter be laid out, constructed, completed or opened for public use unless and until a new application and definitive plan in accordance with the rules and regulations then in effect is filed with and approved by the Board.

D. As-built plans.

(1) Upon completion of construction and before release of the performance guaranty, the subdivider shall have prepared and submitted as-built plans at the same scale as the street plans, which shall indicate the actual location of all of the following:

(a) Street lines.

(b) Traveled way edges and driveways.

[Amended 9-28-1994]

(c) Path locations.

(d) Permanent monuments.

(e) Location and inverts of the required utilities and drainage.

(f) Locations of any other underground utilities, such as electricity, telephone lines and streetlighting and aboveground boxes.

[Amended 9-28-1994]

(2) The accuracy of such as-built plans shall be certified by a registered land surveyor or registered professional engineer retained by the subdivider and approved by the Planning Board engineer.