A.
Any person wishing to record a plan which requires approval under the provisions of the Subdivision Control Law shall submit to the Board in a manner provided in § 305-6 of these regulations a plan drawn in ink on tracing cloth or polyester film and six prints thereof and three copies reduced in size to eleven by fourteen (11 x 14) inches, together with a copy of Form C (example enclosed),[1] which shall be signed by the applicant and the property
owner, if not the applicant. The application shall include a statement
of all easements and restrictions to which the land is subject, any
appurtenant rights to such land over the land of others, together
with copies of the relevant instruments creating such easements, restrictions
or appurtenant rights. After such plan is so filed, it shall not be
returned to the applicant or altered in any way without the permission
of the Board, or such plan shall be considered to have been withdrawn.
The applicant shall file a completed copy of Form C with the Town
Clerk, by delivery or by registered mail, to serve as notice that
he has submitted a definitive plan to the Board.
[1]
Editor's Note: Form C is included as an attachment to this chapter.
B.
The applicant shall also file a completed copy of Form C and one copy of the definitive plan with the Board of Health in the manner specified in § 305-6. If the plan is for an open space residential development, see Article V of these regulations. Application for a special permit shall accompany the definitive plan and application, in accordance with Articles XXV and XXXXII of Chapter 240, Zoning.
C.
Any person submitting a definitive plan shall also
file with the Board the following items:
(1)
Four copies of the topographical plan as defined in § 305-12E(16) hereof.
(2)
Four copies of the profile plan and cross-section drawing as defined in § 305-12E(14) hereof.
(3)
Two copies of the traverse tables for the perimeter
survey.
(4)
Two copies of the drainage design analysis as defined in § 305-24F(8) hereof.
(5)
Two copies of the written approval of the respective
utility companies and Town departments for the location of all utilities
shown on the plans to be filed within the sixty-day period after submission
of the definitive plan. NOTE: This is actually a condition of approval
to be relocated elsewhere in these regulations.
(6)
Two copies of the surveyor's certificate that the
center-line stationing stakes of all the roads within the subdivision
have been set and marked and the center line cleared so that it may
be walked without difficulty.
(8)
A list of the names and addresses of the abutters
within 100 feet of the perimeter on the subdivision and of all owners
of land within the subdivision as shown on the most recent tax list,
certified by the Town Assessor.
[Added 7-25-1995]
A.
The definitive plan shall be prepared by a land surveyor
registered in the Commonwealth of Massachusetts. The plan shall be
clearly and legibly drawn on good quality tracing cloth or on polyester
film. The size shall be eighteen by twenty-four (18 x 24) inches or
twenty-four by thirty-six (24 x 36) inches in overall dimensions,
with a three-fourths-inch margin on all sides. The surveyor shall
affix his stamp adjacent to the title. If multiple sheets are used,
the first one shall be an index sheet showing the entire subdivision,
with the remaining sheets numbered consecutively.
B.
The plans shall be drawn in black India waterproof
ink, except that the names of the streets may be drawn in pencil until
checked for duplication.
C.
The horizontal scale to be used shall be 40 feet to
an inch for small lots in RC Districts, 50 feet to an inch for medium
size lots in RB Districts and 80 feet to an inch for large size lots
in RA Districts.
D.
The definitive plan shall evolve from field surveys
that meet the most recent Land Court standards of accuracy. The surveyor
shall certify that the work meets this requirement and submit two
copies of his traverse tables.
E.
The definitive plan shall contain the following information:
(1)
The title in the lower right corner, where possible,
stating the name of the plan, date and scale, the names and addresses
of the owner, applicant and the surveyor who prepared the plan. The
North point shall be prominently displayed.
(2)
A locus map in the upper right hand corner of the
plan, showing the location of the subdivision at a scale of one inch
equals 2,000 feet.
(3)
Names of all abutters as determined from the most
recent local tax list, except that plans of registered land shall
meet the Land Court requirements for abutters' names.
(4)
Lines of existing and proposed streets, ways, lots,
easements and recreation areas within the subdivision.
(5)
Areas of all lots, easements or parcels into which
the land is to be divided, with the lot numbers in sequence, except
that as to registered land, only the lot numbers approved by the Land
Court are to be used. Existing and proposed lot contours shall also
be shown.
(6)
Sufficient data to determine the location, direction
and length of every street line, lot line and boundary line and to
establish these lines on the ground.
(7)
Location of any existing buildings situated within
25 feet of the property to be subdivided; location of any private
wells within 100 feet of the property being subdivided.
(8)
Site features such as buildings, ponds, streams, coastal
banks, marshland, swampland, floodplain and other natural drainage
courses.
(9)
Location of all permanent monuments properly identified
as to whether existing or proposed.
(10)
Location, names and widths of streets or ways
within 300 feet of the subdivision.
(11)
If less than all of the applicant's land is
being subdivided, the size and shape of the remaining land shall be
shown as an insert on the plan, at a scale of one inch equals 200
feet.
(12)
There shall be a table prepared and displayed
in a convenient place on the plan showing the following:
(a)
Zoning district(s) in which the land is located.
(b)
The total area of the entire subdivision.
(c)
The number of building lots within the subdivision
and the total area of all such lots.
(d)
The total area of all ways within the subdivision.
(e)
The total area of any wetland within the subdivision.
(f)
The total area of open space within the subdivision
(all land not included in ways or building lots).
(g)
The total number of linear feet, measured along
the center line, of all roadways and culs-de-sac proposed on the plan.
(h)
The total number of bounds to be set.
(14)
Profile plan and cross-section drawings.
(a)
Profile plans and cross-section drawings shall
be submitted on separate sheets and shall be prepared, signed and
sealed by a professional engineer registered in the Commonwealth of
Massachusetts. The plan and profile drawing shall show, on the top
portion of the sheet, a plan of the road or portion of the road, showing
the center line stationing corresponding to the profile plotted on
the bottom part of the sheet. The center line shall follow the proposed
pavement completing the loop around all culs-de-sac. The scale of
the plan of the road shall be one inch equals 40 feet. The location
and elevation of the permanent bench marks, together with the temporary
bench marks set, shall be shown on the plan section.
(b)
The plan section shall show the proposed pavement
area, the size and location of existing and proposed drainage works,
water mains, hydrants, gate valves, sewers with rates of slope, gas
mains, electric and telephone cables, television, cables, fire alarm
wires and boxes, streetlighting standards and easements needed for
drainage lines and leaching areas.
(c)
The profile section shall be drawn with a vertical
scale of one inch equals four feet and a horizontal scale of one inch
equals 40 feet. The profile shall show the existing grades along the
center line as a fine solid line; the proposed grades as a heavy red
solid line, with the elevations indicated every 50 feet on straight
grades and every 25 feet on vertical curves, so as to accurately construct
the proposed road. When required, the right side line shall be shown
as a fine long dash line and the left side line as a fine short dash
line. The profile section shall show all proposed drainage and sewer
structures, with sizes, invert elevations and slope. Vertical curves
will be required whenever the algebraic difference in grade between
center-line tangents is 2% or more.
(d)
Typical cross sections of major or minor roadways
shall show the width of layout; width and pitch of pavement, including
berms, shoulders, grass strips, sidewalks and side slopes; the location
of streetlight standards, hydrants, gas and water mains, sewer line,
storm drains, catch basins, electric and telephone cables; the depth
of road pavement, base courses and sidewalks. A typical cross section
of a leaching catch basin and a drainage manhole shall be shown. Also
sections shall be drawn for all proposed drainage leaching trenches
or leaching areas. One-half-inch and one-fourth-inch scales shall
be used.
(16)
Topographical plan submitted on separate sheets. The topographical plan may be drawn on tracing paper with prints thereof, at a scale of 80 feet or 100 feet to the inch. The plan shall show the definitive street lines, lot lines and all easement lines, together with the existing and proposed topography of the land in two-foot contours based on mean sea level, and all natural features found in § 305-12E(8) within and adjacent to the subdivision. The plan shall bear the surveyor's certificate that the topography was measured on the ground or taken by photogrametric methods. The bench marks used shall be identified.
At the time of filing of the definitive plan,
the applicant shall file a copy with the Board of Health, together
with such information in the nature of percolation tests as the Board
of Health may require. The Board of Health may report to the Planning
Board, in writing, approval or disapproval of said plan, and in the
event of disapproval shall make specific findings as to which, if
any, of the lots shown on said plan cannot be used for building sites
without injury to the public health, and include such specific findings
and the reasons therefor in such report, and where possible, shall
make recommendations for the adjustment thereof. The Board of Health
shall send a copy of such report, if any, to the applicant. Any approval
of the plan by the Board shall be given only on condition that the
lots specified in such report shall not be built upon without prior
consent, in writing, by the Board of Health, and such conditions shall
be endorsed on the definitive plan.
A.
For the purpose of protecting the safety, convenience
and welfare of the inhabitants of the Town, and to maintain the quality
of surface waters and public and private water supplies, before approval
of any subdivision over five lots, the Board shall require that the
applicant submit an environmental and economic impact statement.
B.
The environmental and economic impact statement shall
contain appropriate supporting data, setting forth the probable impact
or effect of the proposed subdivision on the neighborhood and the
Town generally, if any, when it may be built. In compiling such impact
statement, the applicant shall consult with the various Town departments
having knowledge and authority in the various subjects cited below,
such as the Department of Public Works, Health Agent, Assessors, Finance
Committee, School Department, Fire and Police Department, Conservation
Commission, etc.
C.
Such impact statement shall cover at least the subject
areas listed hereunder, for comparison with local, state and federal
performance standards and such other subject areas as the Board may,
in particular cases, deem necessary.
(1)
Determination of nutrient loading shall be required.
(b)
When required, the environmental and economic
impact statement shall determine the nutrient loading of the proposed
subdivision and compare it to the carrying capacity of receiving waters,
setting forth the probable impact or effect of the proposed subdivision
on the receiving waters (ground or surface) over a period of time
assuming the subdivision is completed and all lots built upon.
(c)
Determination of nutrient loading shall be done
using available loading estimates from County, state or federal performance
standards and shall include, at a minimum:
[1]
The existing condition of the water body or
water supply, including physical characteristics and water chemistry.
[2]
The expected change in the condition of the
water body or water supply as a result of the proposed development.
[3]
The comparison, on a per-acre basis, of the
total nutrient loading from the proposed development with:
[a]
The existing and potential loading
from all other developments and acreage within the recharge area of
the water supply or water body.
[b]
The loading rate which would be
expected to produce critical eutrophic levels in a water body or in
the case of water supply, the loading rate which would produced nitrate-nitrogen
levels in excess of five parts per million in the groundwater.
[4]
The proposal of measures to reduce nutrient loading if Subsection C(1)(c)[3] above indicates that the per-acre loading rate from the proposed development will equal or exceed the critical loading rate when combined with existing and potential development within the water's recharge area.
(d)
In determining total nutrient loading of a development
and critical eutrophic levels, the following standards shall be used:
[1]
Loading per person: five pounds nitrogen per
person per year; twenty-five hundredths (0.25) pounds phosphorus per
person per year for sewage disposal systems within 300 feet of the
shoreline; persons per dwelling unit = 3.0.
[2]
Loading from lawn fertilizers: three pounds
nitrogen per 1,000 square feet per year. Each lot shall be assumed
to have 5,000 square feet of lawn, and 60% of the nutrients are assumed
to reach groundwater.
[3]
Loading from road runoff: 19 pounds nitrogen
per linear mile of street measured at the center line.
[4]
Critical eutrophic levels: freshwater concentration, total phosphorus = two-hundredths (0.02) milligram per liter; saltwater concentration for total nitrogen, see Chapter 240, Zoning, Article XXI.
[5]
Critical level in groundwater = five parts per
million of nitrate-nitrogen.
(2)
Availability of Town water. How much new additional
water volume will be required by the proposed subdivision? Is there
adequate main capacity to provide the projected added water volume
to the proposed subdivision without detriment to other users, from
the standpoint of pressure, fire-flows from hydrants, etc.? If not,
what improvements to the supply system outside of the subdivision
will be needed, how soon and at what projected cost to the Town?
(3)
In locations where there is not Town water, will the
density of dwellings in the future lower the water table significantly
in the area as a result of increased use, at the expense of or detriment
to existing homes?
(4)
Environmental effects of on-site sewage disposal.
What is the permeability of the underlying soil? Will individual or
collective sewage disposal systems endanger in the foreseeable future,
wells for potable water of dwellings either within or without the
proposed subdivision, or will any such disposal systems thus endanger
any public water supply source or any marsh, swamp, bog, pond, stream
or other body of water by introducing therein excessive nutrients,
dangerous chemical substances or pathological organisms?
(5)
If the subdivision has access to a public sewerage
system, is the capacity of such system (pipe sizes, treatment works,
etc.) adequate to handle the additional load created by the subdivision?
If not, what improvements to such public sewerage system will be needed,
how soon and at what projected cost to the Town?
(6)
What is the estimated taxable value of the lots and
buildings to be constructed within the proposed subdivision?
(7)
How many persons may be expected to inhabit the proposed
subdivision? Of these, how many may be expected to be of school age
(five to 16 years of age)? What requirements for additional transportation,
classroom space, etc., is this likely to put upon the school system,
how soon and at what projected cost to the Town?
(8)
Will the drainage runoff from the systems of roads
within the proposed subdivision be likely to damage adjoining property,
overload or silt up or contaminate in any way any marsh, swamp, bog,
pond, stream or other body of water or endanger any public or private
potable water supply? Will any proposed filling, cutting or other
alteration of the topography or any devegetating operations within
the subdivision tend to alter existing natural drainage patterns so
as to create problems within or outside of the subdivision?
(9)
Are the access roads, public or private, by which
the proposed subdivision may be reached adequate in width, grades
and type of construction to carry, without danger, congestion or confusion,
the additional traffic that may be generated by the proposed subdivision?
(10)
What are the estimated additional new service
requirements, in time and/or cost, that the proposed subdivision may
place upon the Town for solid waste disposal and snow removal?
(11)
What additional burden will the proposed subdivision
place upon the public safety services (fire and police) and at what
probable cost to the Town in terms of additional hours (manpower)
or additional facilities (vehicles or buildings)?
(12)
Will the proposed subdivision have any probable
detrimental effect on the ecology of the local area, such as:
(a)
Increased runoff of rainfall and/or melting
snow resulting in lessened recharge of the groundwater table.
(b)
Disruption of the biological environment so
as to endanger or destroy desirable species of trees and other vegetation
and encourage proliferation of undesirable species (i.e., ragweed,
etc.).
(c)
Disruption of the biological environment so
as to upset an existing balance between animal or insect pests and
their natural bird, animal or insect predators, resulting in damage
or danger to either persons, crops or useful and desirable forms of
vegetation?
D.
The Planning Board may if it deems necessary, require
a review of the environmental impact statement by a consultant of
its choosing with the cost to the applicant.
A.
Before approval of a definitive plan, a public hearing
shall be held by the Board in the manner prescribed by Section 81T
of the Subdivision Control Law. Notice of the hearing shall be given
to the applicant and to all owners of real estate abutting upon the
land included in such plan, or lying within 100 feet of any part of
the land of the applicant included in the proposed plan, all as appearing
on the most recent tax list.
B.
The Board shall arrange for the publication and mailing
of the notices of the hearing at the expense of the applicant.
C.
The Board will not consider any definitive plan submitted
to it unless the applicant or his authorized agent is present at the
hearing.
A.
In the case of residential and nonresidential subdivisions
in which a preliminary plan has been duly submitted and acted upon
or in which 45 days has elapsed since submission, the Board, after
the hearing, shall vote to approve, modify and approve or disapprove
the definitive plan within 90 days after the date of submission of
said plan and shall give notice of the vote to the Town Clerk and
to the applicant. If an extension of time is requested in writing
by the applicant, approval may be granted by the Board. The Board
shall forthwith file the notice of approval of an extension of time
with the Town Clerk. In the case of a subdivision showing lots in
a residential zone in which no preliminary plan has been submitted
upon or in which 45 days has not elapsed since submission of a preliminary
plan and a definitive plan is submitted, the Planning Board, after
a public hearing, shall approve, modify and approve or disapprove
the definitive plan within 135 days after submission of said definitive
plan.
B.
In case of approval of the plan by the Board, after
expiration of 20 days without notice of appeal to the Superior Court,
or if appeal has been taken, after the entry of a final decree of
the Court sustaining the approval of such plan, the Board shall endorse
its approval on the plan, if the performance guaranty has been signed
and submitted. Final approval of the definitive plan shall not constitute
the laying out or acceptance by the Town of streets within a subdivision.
A.
Before endorsement of its approval of a plan, the Board shall require that the construction of ways and the installation of municipal services, as specified in Article VII of these rules and regulations, be secured by one, or in part by one and in part by the other, of the following methods, as set forth in Section 81U of the Subdivision Control Law, which method may be selected and from time to time varied by the applicant:
(1)
By a proper bond or deposit of money or negotiable
securities, sufficient in the opinion of the Board to secure performance
of the construction of ways and the installation of municipal services
required for lots in the subdivision shown on the plan, and the Board
shall require that the time be specified within which such construction
and installation shall be completed.
(2)
By a covenant executed and duly recorded by the owner
of record, running with the land, whereby such ways and services shall
be provided to serve any lot before such lot may be built upon, or
conveyed other than as set forth in said Section 81U of the Subdivision
Control Law.
(3)
By delivery to the Planning Board of an agreement
executed after the recording of a first mortgage covering the premises
shown on the plan or a portion thereof given as security for advances
to be made to the owner/applicant by the lender, which agreement shall
be executed by the applicant and the lender and shall provide for
the retention by the lender of funds sufficient in the opinion of
the Planning Board and otherwise due the owner/applicant, to secure
the construction of ways and the installation of municipal services.
Said agreement shall also provide for a schedule of disbursements
which may be made to the owner/applicant upon completion of various
stages of work and shall further provide that, in the event the work
is not completed within the time set forth by the owner/applicant,
any funds remaining undisbursed shall be available for completion.
B.
Said performance guaranty shall be forwarded to the
Planning Board no later than six months following the expiration of
20 days without notice of appeal, or if an appeal has been taken,
within six months of a final decree of the court sustaining the approval
of the Board. If said performance guaranty is not forthcoming within
said six months the Planning Board may, upon its own motion, rescind
the approval of the plan pursuant to Section 81W of the Subdivision
Control Law.
[Added 7-25-1995]
A.
Guaranties may be released in whole, or from time
to time in part, when the required work has been satisfactorily completed
in accordance with the rules and regulations of the Board. The Board
shall then release the interest of the Town in such bond and return
the bond or the deposit to the person who furnished the same or release
the covenant by the appropriate instrument, duly acknowledged, which
shall be recorded.
B.
Requests for all releases shall be by letter to the Board and shall enumerate each lot or parcel to be released and shall be accompanied by the engineer or surveyor's certification that the work has been done in accordance with these rules and regulations. Requests for partial releases shall be accompanied by the fee required under § 305-7 hereof.
C.
Before the Board shall consider a request for final
release of lots and/or funds, from covenant, bond or agreement, the
following shall have been submitted:
[Amended 5-3-2005]
(1)
An electronic copy of the approved plan, in a format
specified by the Planning Department, shall be submitted to the Planning
Board prior to the endorsement of the definitive plan.
(3)
Conveyance to the Town of all municipal utility systems
and appurtenances thereto constructed and installed in the private
ways shown on the definitive plan of the subdivision.
(4)
Notice from the Fire Department that provision has
been made for a fire alarm system in accordance with that Department's
requirements.
(5)
Copy of the permit for installation of cables, from
the Town of Falmouth Wiring Inspector.
(6)
Documented evidence of provision for ownership and
maintenance of open space shown on the plan.
A.
The subdivider shall retain title to the fee of each
street, path or easement in or appurtenant to the subdivision until
conveyed and accepted by the Town of Falmouth, or a duly incorporated
homeowners' association, or for at least two years after completion
of required improvements, whichever is lesser. Notation of this requirement
shall be placed on the definitive plan.
B.
Security in an amount equal to at least 15% of the total cost of required road improvements shall be posted and retained by the Town of Falmouth to insure construction adequacy against hidden faults or engineering errors. This security shall not be released until the fee in each street, path or easement has been conveyed as required in § 305-18C(2) above, or until two years has elapsed since the satisfactory completion of all required improvements.
