A Preliminary Plan of a subdivision may be submitted by the subdivider to the Planning Board and to the Board of Health for discussion and approval, modification or disapproval by each board. The submission of such a Preliminary Plan, which is not a binding commitment, will enable the subdivider, the Planning Board, the Board of Health, other municipal agencies, and owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a Definitive Plan is prepared. Therefore, it is strongly recommended that a Preliminary Plan be filed in each case. For the purpose of establishing the official submission date, said submission shall be made to the Planning Board at a regularly scheduled meeting of the Planning Board. (Amended 1/7/91). A properly executed application Form B (see Appendix B) shall be filed with the Preliminary Plan submitted to the Planning Board. The applicant shall also file by delivery or registered mail a notice with the
City Clerk stating the date of submission for such approval of a Preliminary Plan and accompanied by a copy of the completed application Form B.
The Preliminary Plan shall be drawn on tracing paper with pencil at a suitable scale, preferably forty feet (40') to the inch, and five (5) prints of it shall be filed with the Planning Board and one (1) print shall be filed with the Board of Health at City Hall. The plan shall be designated as a "Preliminary Plan" and to form a clear basis for discussion of the problems of the subdivision and for preparation of the Definitive Plan, the plan should contain the following:
(a)Major features of the land such as existing walls, fences, buildings, large trees, wooded areas, out-croppings, ditches, the subdivision name, boundaries, north point, date, scale, legend and title "Preliminary Plan".
(b)The names of the record owner of the land and the applicant or subdivider and the name of the designer, engineer or surveyor who made the plan.
(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 with a two-foot contour interval based on the U.S. Coast and Geodetic 1929 Datum. The origin of said topography shall be noted on the plan. (Amended 1/7/80)
(i)The profiles of existing grades and approximate proposed finished grades of the roadway, drain and sewer utilities.
(j)The water distribution system.
(k)Comparative Impact Analysis: (Added 1/7/91) A Comparative Impact Analysis shall be submitted for any subdivision creating frontage potentially allowing ten or more dwelling units and in other cases where the Board determines it appropriate in light of special circumstances. If a Preliminary Plan is filed, the Analysis shall be submitted during the Preliminary Plan process. If a Preliminary Plan is not filed, the Analysis shall be filed during the Definitive Plan process.
Alternatives: The Analysis shall include a minimum of two layouts, which shall be considered as alternatives. The alternative layouts shall be substantially different, practical, and conform to the requirements for a Preliminary Plan or a Definitive Plan if applicable. If the Zoning Ordinances allows flexibility in lot area or dimensions, then one of the development alternatives shall attempt to optimize the intent of said flexibility as stated in the Zoning Ordinance.
Scope: The scope of such Analysis, including development alternatives to be compared and consequences to be studied, shall be proposed by the applicant for review and approval by the Planning Board. The applicant shall consult with the City Engineer, City Planner, and Conservation Officer regarding the scope, and said officials shall submit their recommendations regarding the scope to the Planning Board. After due consideration of said recommendations, the Planning Board may waive any or all the requirements for an Analysis only when it is found that no useful purpose would be served thereby, as when the characteristics of the site preclude substantially different layouts, or when the applicant has provided assurance that the Planning Board's stated concerns will be met. The
Planning Board may issue guidelines for the preparation of an Analysis, including types of technical data that will be accepted.
Mitigation: Possible measures for mitigation shall be outlined with the Preliminary Plan, if the Analysis is submitted during the Preliminary Plan. However, specific measures for mitigation do not have to be proposed until the Definitive Plan.
Differences: The Analysis shall indicate differences between the alternatives regarding the following unless requested otherwise by the Planning Board:
i)Ground and Surface Water: Impact upon ground and surface water quality and level including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the development;
ii)Wildlife and Botanical Features: Material effects upon important wildlife habitats, and outstanding botanical features, including wildlife corridors and relationships to and through adjacent properties;
iii)Soil and Vegetation: Capability of soils, vegetative cover, and proposed erosion control efforts to support proposed development without danger of erosion, silting, or other instability;
iv)Public Water Supply and Sewerage: Impact upon City water supply and sewerage systems as existing or proposed to be improved by the developer;
v)Streets and Traffic: Ability of streets providing access to the subdivision to safely provide such access, including measurement of sight distance at each intersection with proposed streets, impact of development traffic on the traffic level of service, gap acceptance analysis, and analysis of hazards owing to the limited sight distances, alignment, or other characteristics of access roads;
vi)Recreation, Open Space and Scenic Values: Difference in potential recreation for residents of site and general public. Impact upon open space preservation and values, including trail connections and scenic views from outside and inside the site and across the site.
Decision: The Planning Board shall determine and indicate to the applicant which layout is preferred during the Preliminary Plan process or alternatively the Board may defer its determination until the Definitive Plan process when further information may be submitted or required.
The Planning Board, preferably with the advice of the Board of Health, may give such Preliminary Plan approval, with or without modification or suggestion. Such approval does not constitute approval of the subdivision but facilitates the procedures for preparing and securing final approval of the Definitive Plan. One (1) copy of the Preliminary Plan will be returned to the subdivider.
Any person who submits a Definitive Plan of a Subdivision to the Planning Board for approval shall file with the Board the following:
(a)An original drawing of the Definitive Plan and eight (8) contact prints (Amended 1/7/91) thereof, dark line on white background. The original drawing will be returned after approval or disapproval.
(b)A properly executed application Form C.(see Appendix C) and Petition for Approval of Final Plan, Form D (see Appendix D) including the name of the record owner of the land (amended the time within which the subdivider or applicant agrees to complete the ways and install the public utilities in the subdivision, and approval of all plans shall be upon the condition that all ways shown thereon and public utilities required by the Board shall be completed and installed within the time so specified. 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 two (2) years of the date of approval of his Definitive Plan. (Amended 1/7/91). If the ways in any subdivision are not
completed and the utilities aforesaid are not installed within the time so agreed to by the applicant or so required by the Board, no such way shall thereafter be laid out, constructed, completed or opened for public use unless and until a new application is filed with and approved by the Board. Ways not completed, or portions thereof, within two (2) years from the date of approval by the Board, shall thereafter be completed in accordance with the then in force construction standards of the Planning Board and the Department of Public Works of the City of Marlborough.
(d)(Amended 1/7/91) Comparative Impact Analysis: submit all information required under SECTION III. A.2.k. if a Preliminary Plan has not been filed. The applicant is encouraged to prepare and submit a Preliminary Plan including the Comparative Impact Analysis during the Preliminary Plan process instead of the Definitive Plan process. If the Analysis was submitted at the Preliminary Plan stage, the Planning Board may require the applicant, or the applicant may submit on his own initiative, further information on said Analysis which is necessary for purposes of reaching a determination as to the impact of the proposal and the selection of the preferred alternative layout by the Planning Board.
The Definitive Plan shall be prepared by a professional engineer and/or land surveyor registered in Massachusetts and shall be clearly and legibly drawn in black India ink upon tracing cloth or single matte 3 mil. mylar. (Amended 7/18/88) The plan shall be at a scale of one inch (1") equals forty feet (40'), or such other scale as the Planning Board may accept to show details clearly and adequately, and shall include plans and profiles of each individual street at a scale of one inch (1") equals forty feet (40') horizontal and one inch (1") equals four feet (4') vertical. All elevations shall refer to the U.S.C. and G. 1929 Datum. Sheet sizes shall be twenty-four by thirty-six inches (24" x 36") including a one inch border. There shall be
an index sheet at a scale of one inch (1") equals one hundred feet (100') showing the entire subdivision and adjacent streets and dimensions of the lots and streets and lot numbers. The Definitive Plan shall contain the following information:
(a)A title stating the date, scale, bench mark, north point, name and address of the record owner of the
land (amended 11/19/74), name and address of petitioner, and of surveyor, name of proposed subdivision of land, if any, names of proposed
streets, and zoning classification and Zoning District Lines. If any, within the locus of the plan.
(b)Location and ownership of abutting property as it appears in the most recent tax list.
(c)Land abutting any limited access or controlled access highways shall show the words, "No Access", wherever applicable.
(d)Major features of the land, such as existing waterways, natural drainage courses, walls, fences, buildings, large trees, wooded areas, out-croppings and ditches that exist on or near the site at the time of survey, and the limits of any resource areas as defined under MGL Chapter 131, Sections 40 and 40A as determined by a botanist. (Amended 7/18/88)
(e)Lines of existing and proposed streets, ways, lots, easements, and public or common areas within the subdivision. The proposed names of proposed streets shall be shown in pencil until they have been approved by the City Engineer.
(f)Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, and to establish these lines on the ground. This shall include the lengths and bearings of plan and boundary lines of all subdivision lot lines including lot frontage on the streets, or the boundary lines of all streets and easements, and the length, radii, agents and control angles of all curves in lot lines and street lines. All angle points, or intersections of tangents along the street lines shall be shown. Areas of lots with lot numbers and areas of adjoining land of applicant not included in the subdivision will be shown.
(g)Location of all permanent monuments properly identified as to whether existing or proposed.
(h)Location, names and present widths of streets or private ways bounding, approaching or within reasonable proximity of the subdivision, showing both roadway widths and rights-of-way widths.
(i)Indication of all easements, covenants or restrictions applying to the land and their purposes, whether or not within the subdivision.
(j)If the property that comprises the subdivision or any part or boundary thereof has been examined, approved, and confirmed by the Massachusetts Land Court, such information shall be noted on the plan with case numbers and other pertinent references to Land Court Procedure, and the same requirement shall apply to any adjoining parcels of land.
(k)Suitable space to record the action of the Planning Board and the signatures of the members of the Planning Board (or officially authorized person).
(l)Existing profiles on the exterior lines drawn in fine black line, dotted for left and dashed for right side, and proposed profile of the centerline drawn in fine black solid line of proposed streets at a horizontal scale of one inch (1") equals forty feet (40') and vertical scale of one inch (1") equals four feet (4') or such scale acceptable to the Planning Board. At least two bench marks are to be shown on plans and profiles, and grade elevations at every fifty foot (50') station except in vertical curves which shall be at every twenty-five foot (25') station. All existing and proposed intersections shall be shown with all proposed grade elevations calculated. Elevations shall refer to N.G.V.D. datum only. Gradient shall be shown by figures expressed in
percent. (Amended 7/18/88).
(m)Size and location of existing and proposed water supply (mains and their appurtenances (March 7, 1974), size and location of all underground conduit and appurtenances, hydrants, sewer pipes and their appurtenances and/or sewage disposal systems, street light locations, (Amended 6/29/72) storm drains and their appurtenances, and easements pertinent thereto, and dimensions of gutters, including data on springs and percolation tests made, and method of carrying water to nearest watercourse or easements for drainage as needed, whether or not within the subdivision.
If surface water drains will discharge onto adjacent existing streets or onto adjacent properties not owned by the petitioner or
subdivider, the latter shall clearly indicate what course the discharge will take, and shall present to the Board evidence from the Commissioner of Public Works or the owner of adjacent property that such discharge is permitted by public or private ownership of adjacent street or property.
(n)Hydraulic and hydrologic calculations shall be prepared by a Registered Professional Engineer in accordance with the requirements of the City Engineer. (Amended 7/18/88).
(o)Location and species of proposed trees and trees to be retained with trunks over four inches (4") in diameter, measured twelve inches (12") above the finished ground level, located within twenty feet (20') of the street right-of-way line of existing or proposed streets.
(p)Cross sections typical of each street or roadway to be constructed.
(q)Location of proposed sidewalks.
(r)In tabular form as follows for each sheet of the subdivision plans as submitted:
(1)The area which is being subdivided on each sheet.
(2)The total area of lots included on each sheet.
(3)The area dedicated for street purposes, drainage, sewer or utility easements on each sheet.
(4)The areas reserved for parks, schools, etc. on each sheet.
(1)Total area of original tract shown on this plan equals ___________________.
(a)Area in lots Nos. 1, 2, 3, etc. equals ______.
(b)Area in streets A-B-C equals _______________.
(c)Area in easements equals ___________________.
(d)Area reserved for parks, schools, etc., equals _______________.
Total area of Subdivision Equals ___________.
(Should equal (1) above.)
(a)Street - Station ___to Station ___Equals ___.
(b)Street - Station ___to Station ___Equals ___.
(c)Street - Station ___to Station ___Equals ___.
Total Area of Streets equals _____________________
(Should equal (b) above.)
Easement - Station ___to Station ___Equals ___.
Easement - Station ___to Station ___Equals ___.
Easement _ Station ___to Station ___Equals ___.
Total Area of Easements equals __________________
(Should equal (c) above.)
Park Area (locate) ________ equals ________.
School Area (locate) ________ equals ________.
Other (define and locate) _______ equals _______.
Total remaining area equals _____________________
(Should equal (d) above.)
(5)A grading plan with two foot (2') contour intervals depicting existing and proposed topographic conditions for the entire subdivision including on and off site easements. Elevations on this plan shall refer to N.G.V.D. The City shall not accept any design or layouts unless based on an actual on-the-ground survey.
3.Review by Board of Health as to Suitability of the Land
At the time of filing of the Definitive Plan, the subdivider shall also file with the Board of Health two (2) contact prints of the Definitive Plan, dark line on white background. The Board of Health shall, within forty-five (45) days after filing of the Plan, report to the Planning Board in writing approval or disapproval of said plan. 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 reasons therefor in such report, and, where possible, shall make recommendations for the adjustment thereof. Every lot shall be provided with a sewerage system or sewer connection satisfactory to the
Board of Health and/or the Commissioner of Public Works.
4.Review by Other City Officials
The Clerk of the Planning Board will transmit copies of the Definitive Plan to City Officials other than the Board of Health as follows:
One (1) copy each to the City Solicitor for review of easement and agreements, the Commissioner of Public Works, the City Engineer, the City Planner, the Fire Chief and the Conservation Officer. (Amended 7/18/88 & 1/7/91)
Before the Definitive Plan is approved, the Planning Board will obtain written statements from the above officials that the proposed improvements are laid out to their satisfaction in the following respects (or, if thirty-five (35) days have elapsed since transmittal of the Definitive Plan by the Clerk of the Planning Board to the officials without such written approval, approval will be assumed):
(a)The City Engineer as to street names and the City Solicitor as to the form of easements, covenants and performance guarantees.
(b)The Commissioner of Public Works as to the design of the street system, location of easements, monuments and drainage system. (Amended 12/2/91)
(c)The Commissioner of Public Works as to the design of the water system and, if applicable, the sewage system.
Where appropriate, the Planning Board may require soil surveys to establish the suitability of the land for the proposed storm and sanitary drainage installations.
Before taking any action to approve, modify and approve or disapprove a Definitive Plan, the Planning Board shall hold a hearing at which parties in interest shall have an opportunity to be heard, in person or by agent or attorney. Notice of the time and place of such hearing and the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the City once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the day of the hearing, or if there is no such newspaper in such City, then by posting such notice in a conspicuous place in the City Hall for a period of not less than fourteen (14) days before the day of such hearing. Notice shall also be provided to property owners within five
hundred (500') feet of the subdivision. (Amended 7/18/88)
The procedure that the Planning Board will follow with regards to approval, disapproval or modification of the final plan submitted by the petitioner will be that as set forth in Chapter 41, Section 81 U of the General Laws, as amended. In summary, the Board, after receiving the final plan and profiles, will review the same to determine whether they are in compliance with its adopted rules and regulations, zoning ordinances, general ordinances, departmental regulations of the Commissioner of Public Works, Board of Health, and other laws pertaining thereto.
Before final approval of the plan the subdivider or petitioner shall comply with all reasonable regulations and rules of the Commissioner of Public Works and the Board of Health. Specific reference is made to the specifications for septic tanks which shall conform with the rules and regulations of the Board of Health.
Before final approval of the plan the subdivider or petitioner shall see to it that lots in a definitive or final plan be in conformity with the existing zoning ordinances, and failure of the lots to so comply will be adequate grounds for disapproval of the final or
Definitive Plan. See Chapter 41 Section 81Q of the General Laws, and amendments thereto. The Board may, as a condition of granting a permit under Section 81Y, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the City. In such event, the Board shall endorse such conditions on the plan to which they relate, or set forth a separate instrument attached thereto to which reference is made on such plan and which shall, for the purpose of the Subdivision Control Law, be deemed to be a part of the plan.
Before endorsement of the Board's approval of a Definitive Plan of subdivision, the subdivider shall agree to complete the required improvements specified in Section V for any lots in a subdivision, such construction and installation to be secured by one, or in part by one and in part by the other, of the following methods which may from time to time be varied by the applicant with the written consent of the Planning Board.
(a)Approval with Bonds or Surety
The subdivider shall either file a proper bond or a deposit of money or negotiable securities in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements specified in Section V not covered by a covenant under (b) hereof. Such bond or security, if filed or deposited shall be approved as to form and manner of execution by the City Solicitor and as to sureties by the City Treasurer and shall be contingent on the completion of such improvements within two (2) years of the date of the bond.
(b)Approval with Covenant
The subdivider shall file a covenant, executed and duly recorded in the Registry of Deeds by the owner of record, running with the land, whereby such ways and services as specified in Section V, not covered by bond or deposit under (a) hereof, shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed.
The developer shall also note on his Definitive Plan that any and all lots within the subdivision are subject to the restrictions of the covenant.
8.Reduction of Bond Surety
The penal sum of any such bond or the amount of any deposit held under Clause 7(a) above, may from time to time, be reduced by the Planning Board and the obligations of the parties thereto released by said Board in whole or in part, to a minimum of 10% of the total costs to complete the required improvements specified in Section V. Said costs shall be the costs necessary to complete the required improvements at the time release is applied for.
9.Release of Performance Guarantee
Upon the completion of improvements required under Section V, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant may send by registered mail to the City Clerk a written statement in duplicate that the said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with the requirements contained under Section V, such statement to contain the address of the applicant, and the City Clerk shall forthwith furnish a copy of said statement to the Planning Board. If the Planning Board determines that said construction or installation has been completed, it shall notify the City Treasurer in writing that it releases the
interest of the City in such bond or deposit, and that such bond or deposit shall be returned to the person or persons who furnished the same, or in the case of covenant it shall issue a written release of the covenant suitable for recording. However, ten percent (10%) of the total costs to complete the required improvements specified in Section V shall be held by the City for one (1) year after completion of construction or until the streets are accepted by the City, whichever comes first. The total costs shall be those costs necessary to complete the required improvements at the time release is applied for.
The Planning Board shall request the Commissioner of Public Works approximately sixty (60) days before the expiration of the year to make an inspection of said street or way or portion thereof to determine whether or not defects have developed therein, and to make his recommendation to the Board as to whether or not it
should recommend same to the City Council for the laying out of said street or way or portion thereof as a public way. If the recommendation is in the affirmative, the Board shall so recommend to the City Council forthwith, including in such recommendation, notification that the year for which the developer is responsible for the maintenance of said way or portion thereof will expire on a certain date and said way should be laid out as a public way and the maintenance of same to become the responsibility of the City.
Upon the expiration of the year, for which the developer is responsible for maintenance of said way, and said developer has complied with all the requirements of the Planning Board Rules and Regulations in accordance with an inspection report of said way from the Commissioner of Public Works and the Board has recommended to the City Council that said way should be laid out as a public way, any monies held by said Board for the maintenance of said way shall be returned forthwith to the developer.
Prior to releasing the City's interest in a performance bond or deposit or covenant, the Planning Board shall receive from the applicant the following written statements of approval: or fifteen (15) days shall elapse after the request for said approval without action:
From the Commissioner of Public Works as to construction of all ways and sidewalks, installation of monuments, street signs, lights, gutters, and curbs, required grading and drainage, and planting and seeding. (Amended 12/2/91)
From the Board of Health as to the installation of sewage disposal facilities if applicable, and adequate lot drainage.
From the Commissioner of Public Works as to construction and installation of water and sewer facilities.
If the Planning Board determines that said construction or installation has not been completed or does not receive the above written statements of approval, it shall specify to the applicant, in writing, by registered mail, the details wherein said construction and installation fail to comply with requirements contained under Section V. Upon failure of the Planning Board to
act on such application within forty-five (45) days after the receipt of the application by the City Clerk, all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned and any such covenant shall become void.
In the event that said forty-five (45) day period expires without such specification, or without the release and return of the deposit or release of the covenant as aforesaid, the City Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.
10.Certificate of Approval
The action of the Planning Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the City Clerk and sent by delivery or registered mail to the applicant. If the Planning Board modifies or disapproves such plan, it shall state in its vote the reasons for its action and shall rescind such disapproval when the plan has been amended to conform to the rules, regulations, and recommendations of the Planning Board. Final approval, if granted, shall be subject to the construction specifications contained herein and shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Planning Board (or by the signature of the person officially authorized by the Planning Board) but not until the statutory twenty
(20) day appeal period has elapsed following the filing of the certificate of the action of the Planning Board with the City Clerk and said Clerk has notified the Planning Board that no appeal has been filed. After the Definitive Plan as been approved and endorsed, the Planning Board shall return the original to the applicant.
The Planning Board may agree to an extension of the minimum time normally required for action following submission of a Definitive Plan and action thereon, upon the written request of the applicant. (Amended 7/18/88)
Approval of the Definitive Plan does not constitute the laying out or acceptance by the City of street(s) within a subdivision.
11.Decision (Added 7/18/88)
After the Public Hearing the Board in due course will approve, modify and approve, or disapprove the Definitive Subdivision Plan submitted. Criteria for action by the Board shall be the following:
(a)Completeness and technical adequacy of all submissions;
(b)Determination that development at this location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible natural disasters, traffic hazard, or other environmental degradation;
(c)Conformity with the requirements of Section IV;
(d)Determination and selection of preferred plan, (Added 1/7/91) based upon alternatives presented in the Comprehensive Impact Analysis (where submitted), that the subdivision will not cause substantial and irreversible damage to the environment, which damage could be avoided or ameliorated through an alternative development plan; that all adverse impacts upon water, sewer and street systems will be adequately mitigated; and that recreation, open space and scenic values are adequately provided for; (Added 1/7/91)
(e)Determination that access to the subdivision is adequate, as provided in Section II-G;
(f)Conformity with all applicable zoning requirements;
(g)Consistency with the purposes of the Subdivision Control Law.