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HomeMy WebLinkAbout1955-01-12 RULES AND REGULATION~ GOVERNING THE SUBDIVISION OF LAND (CITY OR TOWN), MASSACHUSETTS Purpose ................................. 1 Section I. Authority ......................... 1 Section II. ~eneral . . . ....................... A. Definitions B. Plan Believed Not to Require Approval C. Subdivision Section III. Procedure for the Submission end Approvsl of Plans A. Preliminary Plan 1. ~eneral 2. Contents 3. Tentative Approval B. Definitive Plan 1. Oenersl 2. Contents 3. Performance Guarantee 4. Review by Board of Health as to Suitability of the L~nd 5. Public Hearing 6. Certificate of Approval Section IV. Design Standards ...... . ............... A. Streets B. Easements C. Open Spaces D. Protection of Natural Features 6 Section V. Section VI. Required Improvements for sn Approved Subdivision ..... A. Street end Roadway B. Utilities C. Sidewalks D. Monuments Administration ....................... 9 A. Variation B. Reference Form A. Application for Endorsement of Plsn ~elieved Not to Require Approval Form B. Applicstion for Approvsl of Definitive Plan -1- RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND NORTH ANDOVER, MASSACHUSETTS (Adopted under The Subdivision Control L~w Sections 81-K to 81-G6 inclusive, Chapter 41, G.L,) PURPOSE (Section 81-M of Chapter 41 G.L. ) '~he subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and to~ns in .which it is, or may hereafter be, put in effect By regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, snd ensuring sanitary conditions in subdivisions and in proper cases parks and open areas. The powers of s planning board end of s board of appeal under the subdivision control law shell be exercised with due regard for the provision of adequate access to all of the lots in a subdivision By ways that will be safe snd con- venient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing dsnger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or by-laws; for securing adequate provision for water, sewerage, drainage and other requirements where necessary ia s subdivision; and for co-ordinsting the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdi- visions. II SECTION I. AUTHORITY Under the authority vested in the Plsnning Board of the Town of North Andover by Section 81-Q of Chapter 41 of the ~enersl Laws, said Board hereby adopts these rules and regulations governing the subdivision of land in the To~n of North Andover. Such rules and regulations shall be effective on and after the 10th day of January 1955. SECTION II. GENERAL A. DefinitiqDs "Subdivision,, shall mean the division of a tract of land into two or more lots in such manner ss to require provision for one or more new weys, not in existence when the subdivision control law becsme effective in the Town of North Andover, to furnish access for vehicular traffic to one or more of such lots, and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or terri- tory subdivided. "Board" shall mean the Planning Board of the Town of North Andover. -2- Plan Belte~d,, Not..,tp !tequtre ~ppro. va] ~r person who wishes to cause to be recorded in the Registr~ of Deeds or to be filed with the Land Court a plan of land and who believes that his plsn does not require approval under the Subdivision Control Law, may sub- mit his plan and application Form A (see Appendix) to the Planning Board ~ccompanied by the necesssry evidence to show that the plsn does not re- quire approval. Said person shall file, by delivery or registered mail, s notice with the Town Clerk stating the date of submission for such de- termination and accompanied by a copy of said application. If the ~card determines that the plan does not require approval, it shall without a public hearing and within fourteen days of submission endorse on the plan the words '~lanning Board approval under Subdivision Control Law not required". Said plan shall be returned to the applicant and the Board shall notify the Town Clerk of its action. If the Board determines that the plan does require approval under the Sub- division Control Law, it shall within fourteen days ~f submission of said plan so inform the applicant and return the plan. The Board shall also notify the Town Clerk of its determination. Subdivision No person* shall make a subdivision within the meaning of the Subdivision Control taw of any land within the town, or proceed with the improvement or sale of lots in s subdivision, er the construction of ways, or the installation of municipal services therein, unless and until s Definitive Plan of such subdivision has been submitted to and approved by the Plan- ning Board ss hereinafter provided. SECTION III. PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS A. Preliminary Plan 1. ~eneral A Preliminary Plan of a subdivision may be submitted by the subdivider for discussion and tentative approval by the Board. The submission cf such a Preliminary Plan will enable the subdivider, the Board, 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 Prelim- inary Plan be filed in every case. Contents The Preliminary Plan may be drawn on tracing paper with pencil et a suitable scale and [ two ] prints shall be filed at the office cf the Board. Said Preliminary Plan should show sufficient information about the sub-division to form e clear basis for discussion of its problems end for the preparation of the Definitive Plan. -3- Such information will include major site features such ss existing stone walls, fences, buildings, large trees, rock ridges and outcroppings, swamps and water bodies, and existing topography as required, together with the information required by items "a" to "Id] ", inclusive, of the Contents of .Definitive Plan (Section III-B-2). During discussion of the Preliminary Plan the complete information required for the Definitive Plan (Section II-B-2 Contents) and the financial arrangements (Section III-B-3 Performance Guarantee) will be developed. 3. Tentative Approval The Planning Board may give such Preliminary Plan its tentative spprowl, with or without modification. Such tentative approval does not consti- tute approval of s subdivision but does facilitate the procedure in securing final spprovsl of the Definitive Plan. B.. Definitive Plan Any person who submits s Definitive Plan of a subdivision to the Planning Board for approval shall file with the Board the following: An original drawing of the Definitive Plan end [three] contact prints thereof, dark line on white background, The original dre~ing will be returned after approval or disapproval. b. A properly executed application Form B (see Appendix). c. A deposit of $15 to cover the cost of advertising and notices. The applicant shall file by delivery or registered mail s notice with the Town Clerk stating the date of submission for such approval and accompanied by s copy of the completed application (Form B). 2. Contents The Definitive Plan shall be prepared by an engineer or surveyor and shall be clearly and legibly drawn in black India ink upon tracing cloth. The plan shall be st s scsle of one inch equalB [forty] feet or such other scale as the Board may accept to show details clearly and adequately. Sheet sizes shall preferably not exceed 24" x 36". If multiple sheets ere used, they Shall be accompanied by sn index sheet showing the entire subdivision. The Definitive Plan shall contain the following information: s. Subdivision name., boundaries, north point, date and scale. b. Name and address of record owner, subdivider and engineer or surveyor. c. Names of all abuttors es they appear in the most recent tax list. -4- ee fe he je Existing and proposed lines of streets, ways, lots, easements, and public or common areas within the subdivision. (The proposed names ,f proposed streets shall be sho~ in pencil until they have been approved by the Board. ) Sufficient data to determine the location, direction and length of every street end way line, lot line and boundary line, and to estab- lish these lines on the ground. Location of all permanent monuments properly identified ss to whether existing or proposed. Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision. Suitable space to record the action of the Board and the signatures of the members of the Board (or officially authorized person). Items i, j and k may be submitted on the same sheet as the Definitive Plan or on separate sheets. Existing and proposed topography at a sultsble contour inter'vel ss required by the Board. P~ofiles on the exterior lines of proposed streets at s horizontal scale of one inch equals ~'forty.~ feet and vertical scale of one inch equals [four~ feet, or such other scales acceptable to the Board. Ail elevations shall refer to the town detum. k. Proposed layout of storm drainage, water supply and sewage disposal systems. 3. Performance Guarantee s. Final approval with bonds or surety. Before approval of a Definitive Plan of a subdivision, the subdi- vider shall either file s performance bond or deposit money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or Shy part of the improvements specified in Section V, or follow the procedure outlined in "b" below. Such bond or security if filed or deposited shell be ap- proved as to form end manner of execution by the Town Counsel end as to sureties by the Selectmen, end shell be contingent on the completion of such improvements within [two] years of the date of the bond. b. Final approval with conditions Instead of filing a bond or depositing sv~ety, the subdivider may request approval of his 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 Section V are con- structed and installed so as to serve the lots adequately. Such conditions sh~ll be endorsed upon the plan or contained in e sep- arate vote or agreement which shall be referred to on the plan end recorded in the Registry of Deeds. When the subdivider has com- pleted the required improvements Specified in Section V for any lots in a subdivision, he may request a Release of Conditions for said lots. If the improvements have been completed to the satisfaction of the Board, the Board will then execute and deliver to the subdi- vidar such ~lease, which shall be in form for recording in the Registry of Deeds. Thereafter the conditions relating to such lots and so relessed shall terminate. 4. Review by Board of Health as to Suitability of the Lend The Pla~ing Board shall within ten days after submission of a plan to it consult with the Board of Health (or other like board or officer). I~ the Board of Health is in doubt as to whether any of the land in the subdivi- sion can be used as building sites without injury to the public health, it shall so notify the Planning Board in writing within thirty days. Any approval of the plan by the Planning Board shall then only be given on condition that the lots or land as to which such doubt exists shall not be built upon without prior consent of the Board of Health, ~nd shell endorse on the plan such condition, specifying the lots or land to which said con- dition applies. Any lot so located that it cannot be served by a connection to the mm~t- eipal sewer system shall be provided with a cesspool or septic tank and drain-field satisfactory to the Board of Health. 5. Public Hearing Before approval of the Definitive Plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Board at the expense of the applicant st least ten days prior thereto by advertisement in an official publication of, or in s newspaper of gen- eral circulation in the Town of North Andover. A cop~ of said notice shall be mailed to the applicant and to all owners of land abutting upon the subdivision ss appearing in the most recent tax list. ¥ 6. Certificate of Approval The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by da- livery or registered mail to the applicant. If the Board modifies or dis- approves such plan, it shall state in its vote the reasons for its action. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Board (or by the signature of the person officially authorized by the Board) but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clark and said Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the applicant shall furnish the Board with [three (3)] prints thereof. -6- Final approval of the Definitive Plsn does not constitute the laying out or acceptance by the town of streets within s subdivision. SECTION IV. DESIGN STANDARDS ~ote to Planning Boards ~ The provisions of this section may be modified to meet local needs, condi- tions or requirements. A~,~Street s 1. Location and sl~ment Ail streets in the subdivision shell be designed so that, in the opinion of the Board, they will provide safe vehiculsr travel. Due cansideration shall also he given by the subdivider to the attractiveness of the street layout in order to obtain the maxi- ,~m livebility end amenity of the subdivision. b. The proposed streets shall conform to the Master or Study Plon es adopted in whole or in part by the Board. Provision satisfactory to the Board shall be m~de for the proper projection of streets, or for access to adjoining property which is not yet subdivided. de Reserve stripe prohibiting access to streets or adjoining property shall not be per~tted, except where, in the opinion cf the Board, such strips shell ~e in the public interest. e. Street Jogs with centerline offsets of less than [one hundred end t~nty-five (125)] feet should be avoided. The minimum centerline radii of curved streets shall be [one h~ndred (100) ] feet. Greeter radii may be required for principal streets. Streets shell be laid out so ss to intersect as nearly ss possible at right angles. Mo street shall intersect any other street st less than [s xty ] grees. h. Property lines st street intersections shall be rounded or cut back to provide for s curb radius of not less than [ twenty (20) ] feet. 2. Width The minimum width of street rights-of-way shell be [forty (40)] feet. Greeterwidth shall be required by the Bosrd when dee~d necessex~ for present end f~ture vehicular travel. -7- Grades of streets shall be not less than [ 0.5% ]. Grades shell not be sore then [ 6.0~ ] for principal streets nor more then [ 12.0% ] for secondary streets. 4. Dead-end Streets Deed-end streets shall not be longer then [five h~ndred (500) feet unless, in the opinion of the Board, s greater length is necessitated by topography or other local conditions. Dead-end streets shall be provided at the closed end with · turn- around having sn outside roadway diameter of at least [one hundred (100) ] feet, end a property line diameter of at least [one hundred and t~enty (120) ] feet. B. Easements. Easements for utilities across lots or centered on rear or side lot lines shell be provided where necessary and shell be st least [fif- teen (15) ] feet wide. Where a subdivision is traversed by · water course, drainage way, channel or stream, the Board may require that there be provided a storm water easement or drainage right-of-way of sdequ~te width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction or other necessary ~1~POses. Before approval of a plan the Board may also in proper cases require the plan to show a park or perks suitably located for playground or recreation purposes or for providing light and air. The park or parks shell not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such lend. The Bosrd mayby appropriate endorsement on the plan require that no building be erected upon such park or parks without its approval. .D. Protection. 0.f..Nat. urel Features Due regard shall be sho~n for ell natural features, such as large trees, water courses, scenic points, historic spots, end similar community assets, which, if preserved, will add attractiveness and value to the subdivision. SECTION V. REQUIRED I~ROVENENTS FOR AN APPROVED SU~DIVISION Note to Planning Boards: The provisions of this section maybe modified to meet local needs, condi- tions or requirements. -8- A. ~Street and .R.~.adwa.v The entire area of each street or way shall be cleared of ell st,,mps, brush, roots, baulders, like ,~terial and all trees not intended for preservation. a 5 Ail loam and other yielding material shall be removed from the roadway ares of each street or way and replaced with suitable material. All roadways shall be brought to a finished grade as sho~n on the pro- files of the Definitive Plan with at least the top [twelve (12)] inches consisting of well-compacted binding gravel to a width of at least [ twenty-five (25) ] feet. The completed grsvel surface sh~ll be treated for the f~ll width of the roadway with one application of asphalt or tar as specified by the Highway Department at the rate of [ one (1) ] gallon per square yard of area of roadway. After being subjected to traffic for a period of at least thirty days, a second application at the rate of lone-quarter (1/4) ] gallon per square yard shall be used as a seal coat. The ini- tial and seal applications shell each be covered with sand evenly dis- tributed. ,,Utilities Sewer pipes and related equipment, such as manholes and connecting Y's, shell be constructed in conformity with specifications of the Board of Public Works. e Adequate disposal of surface water shall be provided. Catch basins shell be built in conformity with specifications of the Highway partment on both sides of the roadway on continuous grades 'et inter- vals of not more than [four hundred (400) ] feet, at iow points and sags in the roadway and near the corners of the roadway at intersect- ing streets. Water pipes and related equipment, such as hydrants and main shut-off valves, shall be constructed to serve all lots on each street in the subdivision in conformity with specifications of the Board of Public ~orks. C. Sidewal~ Sidewalks of not less than [ four (4) ] feet in width shall be con- structed on [both ] side Is] of the street in conformity with speci- fications of the Highway Department when, in the opinion of the Board, such sidewalks are necessary. D. ~onuments Montments shall be installed at all street intersections, at all points of change in direction or curvature of streets and at other points where, in the opinion of the Board, permanent monuments are necessary. Such monuments shall conform to the standard specifications of the Highway Department end shall be set according to such specifications. No -9- permanent monuments shall be installed until ell construction ~hich would destroy or d~sturb the monuments is completed. Note to Planning Boards Provisions for curbing, gutters, street signs, trees end clearing-up operations may be included in this section if nec- essiteted by local requirements or deemed advisable for each oc~unity by its re- spective ~osrd. SECTION VI. ADMINISTRATION Variation Strict compliance with the requirements of these rules end regulations may be waived when, in the Judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. Reference For matters not covered by these rules and regulations, reference is made to Sections 81-K to 81-GG, inclusive, of Chapter 41 of the C*nersl Laws. C. Form C Form C must be completed end endorsed by the proper agency end submitted to the Building ~nspector before a building permit will-be-issued. FOm APPL!C_ATION FOR ENDORSEMENT OF PLaN BELIEVED NOT TO REQUIRE AFPROVAL File one completed form with the Planning Board and one copy with the City (or Town) Clerk in accordsnce with the requirements o£ Section II-B. (City or Tc~n), Mass., 19 _ To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City (or Town) of does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for s determin- atica and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applican~ Address 2. Name of Engineer or Surveyor. Address 3. Deed of property recorded in Boom 4. Iocation and D~scriptica of Property: Page , Registry, Signature of O~ner Address FORM APPLICA,T,,ION F,O,R APPROVAL ~ ~EFINITIVE PLAN File one completed form with the Planning Board and s copy with the City (or To~) Clerk in sccor~snce with the requirements of Section III-B. (City or Tom), F~ss., 19. To the Planning Board: The undersigned herewith submits the accompanying Definitive Plan of property located in the City (or Town) of for approval as $ subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Lend of the Planning Board in the City (or Town) of. 1. Name of Subdivider . Address 2. Name of Engineer or Surveyor Ad&re s ~ 3. ~eed of Property Recorde~ in 4. Location and Description of Property: ~egistry, Signature of o~ner Address A list of the Names snd sddresses of the abutters of this subdivision is attached. Verification will be made by the Planning Board. APPROVAL OF PROPER AGENCIES PLANNING BOARD BOARD OF PUBLIC WORES DATE BOARD OF HEALTH DATE HIGHWAY SURVEYOR DATE BUILDING INSPECTOR DATE FORM C APPROVAL OF PROPER AGENG/ES PLANNI.~ BOARD BOARD OF PUBLIC WORKS DATE BOARD OF REALTH HIGHWAY SURVEYOR DATE BUILDING INSPECTOR DATE 0 d []