SECTION III: PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS
Unless specifically stated otherwise in these Rules and Regulations, fourteen-day notice to the Planning Board Chairman at his residence or place of business is required for any plan, issue, or other item to be included on the agenda of a given meeting.
Preliminary Plan
General
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 tentative approval, modification or disapproval by each Board. A copy of such plans shall also be filed by the applicant with the Board of Health, Conservation Commission, Town Engineer, Fire Department, Police Department, School Committee, Selectmen, Board of Public Works, Traffic Study Committee, and Town Clerk, at their respective offices.
The submission of such a Preliminary Plan will enable the subdivider, the Planning Board, the Board of Health, other Town 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. A properly executed application Form B (see Appendix) shall be filed with the Preliminary Plan submitted to the Planning Board. The Preliminary Plan shall be submitted to the Planning Board at least ten days prior to the meeting at which the Preliminary Plan will be considered.
Contents of Preliminary Plan
The Preliminary Plan shall be drawn on tracing paper with pencil at a suitable scale (preferably one inch equals forty feet) and two prints shall be filed at the office of the Planning Board and one print at the office of the Board of Health, Conservation Commission, Town Engineer, Fire Department, Police Department, School Committee, and Town Clerk. Proof of such delivery by the applicant to the above boards must be submitted to the Planning Board before the Preliminary Plan hearing. The subdivider (applicant) is required to send notice to abutters concerning the Preliminary Plan meeting. Said plan shall be identified as a Preliminary Plan and show all the information described under the definition of the Preliminary Plan so as to form a clear basis for discussion of its problems and for preparation of the
Definitive Plan. 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. The prints of the Preliminary Plan shall show:
(a) Subdivision name, if any, north point (Swampscott meridian) date and scale.
(b) Name and address of record owner, subdivider and designer or surveyor.
(c) Names of all abutters, as determined from the most recent tax assessor's list.
(d) Existing and proposed lines of streets, ways, easements and public areas
within the plan.
(e) Proposed system of drainage.
(f) Lot lines with approximate dimensions.
(g) Location names and present widths of adjacent streets.
(h) Topography with two-foot contours.
(i) Profiles of proposed streets, when required by the Board.
In addition, submittal of the following is strongly recommended to help understanding:
- Location of existing buildings (if any) on the site and on abutting property
- Major site features, such as existing stone walls, fences, trees over eight inches in diameter, general wooded areas, rock ridges and outcroppings, swamps and water bodies, and areas likely to be subject to the Wetlands Protection Act.
- A locus map showing the boundary and street configuration of the subdivision in relation to surrounding streets
Action by Board
Within sixty days, the Planning Board may give such Preliminary Plan its approval with or without modification suggested by the Board or agreed upon by the person submitting the plan. Such approval does not constitute endorsement of a subdivision. The Board may also disapprove the plan. In the case of disapproval, the Board shall state in detail its reasons therefore.
Definitive Plan
Refer to Exhibit Plans 1,2,3, and 4 of Appendix for the typical format and layout of the required drawings.
General
Any applicant who submits a Definitive Plan of a subdivision to the Planning Board for approval shall file with the Board the following:
1. An original drawing of the Definitive Plan and five contact prints thereof, dark line on white background. The original drawing will be returned after approval or disapproval.
2. A properly executed application Form C (see Appendix)
3. The applicant shall pay the cost of all advertisements, notices and signs prior to the public hearing.
The applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission for such approval and accompanied by two copies of the completed application (Form C) with a non-refundable filing fee of fifty dollars in cash, money order, or bank registered check payable to the “Town of Swampscott”. A copy of such plans shall also be filed with the Board of Health, Conservation Commission, Town Engineer, Fire Department, Police Department, School Committee, Selectmen, Board of Public Works, Traffic Study Committee, and Town Clerk at least two weeks before the public hearing. The Planning Board is required to send notice to abutters concerning the public hearing.
Contents of Definitive Plan
The Definitive Plan shall be prepared, signed and stamped by a land surveyor and/or professional engineer registered in Massachusetts, and the plan shall be clearly and legibly drawn on mylar or linen. The plan shall be at a scale of one inch equals forty feet or such other scale as the Planning Board may accept to show details clearly and adequately. Sheet sizes shall preferably not exceed 24" x 36". If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision and a locus diagram. The Definitive Plan shall contain the following information:
4. Subdivision name, boundaries, north point, date and scale, benchmarks, zoning districts in which the subdivision is located.
5. Name and address of record owner, subdivider and engineers of sewerage and water systems. (In cases where the surveying is done by someone other than the Registered Engineer, the surveyor’s stamp and signature should be included)
6. A certified statement as to encumbrances existing upon the land at the time of filing. Immediately prior to the final approval of any plan and its submission to the Registry of Deeds, the applicant shall further certify that no change in encumbrances has occurred during the period of consideration of the plan.
7. A certified statement identifying a sufficient legal interest of the subdivider in the land if the subdivider is not the owner.
8. Names of all abutters as they appear in the most recent tax list and location of abutting land.
9. Lines of existing and proposed streets, rights-of-way, and curb lines, way, lots, easements, and public or common areas with the subdivision. “(The proposed names of the proposed new streets shall be shown in pencil until they have been recommended by the Planning Board to the Town and approved by the Town of Swampscott)”.
10. Sufficient data to determine the location, direction, and length of every street and way line, lot line and boundary line, and establish these lines on the ground.
11. Location of all permanent monuments properly identified as to whether existing or proposed, and of all fences, walls, buildings, waterways, large boulders or outcroppings of rocks, trees over eight inches in diameter and other natural objects of like importance.
12. On a separate sheet, a topographic plan of the subdivision plus all land within 100 feet of the subdivision, showing existing and proposed street and lot lines, existing topography at two foot contour intervals at all points within 150 feet of all proposed roads at five foot contour intervals for the balance of the subdivision, and at ten foot contour intervals outside of the subdivision, and showing the following: existing structures; major site features such as existing stone walls, fences, large trees, general outline of wooded areas, rock ridges and outcroppings; elevations, location and direction of flow of all natural water courses, brooks, streams, and drainage ditches; all ponds, wetlands, and areas subject to flooding, with elevations; all existing drainage structures, with
elevations; and locations of all areas judged to be subject to the Wetland Protection Act (Ch 131, Sec. 40 and 40A, G.L.) . The developer/owner shall physically show the general roadway layout on the land by the use of stakes, sufficient in number, to allow a planning board delegate to orient himself while making an onsite inspection; also, these stakes shall be clearly indicated on the plan.
13. Location, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision.
14. An inset on the plan, at the same scale as the town street plan, showing the relation of the subdivision streets to the existing street system.
15. Indication of purpose of easements.
16. Suitable space to record the action of the Planning Board and signatures of the members of the Planning Board.
Items n, o, and p may be submitted on the same sheet as the Definitive Plan or on separate
sheets.
17. Existing and proposed topography at two feet contour interval.
18. Existing profiles on the exterior lines and proposed profile on the center line of proposed streets at a horizontal scale of one inch equals forty feet and vertical scale of one inch equals four feet, or other scales acceptable to the Planning Board. (All elevations shall refer to the Town of datum.)
19. Existing and proposed layout and design calculations for storm drainage, water supply and sewage disposal systems and its effects on adjacent lands certified by a registered professional engineer.
20. Profiles of proposed ways on a horizontal scale of forty feet to an inch and a vertical scale of four feet to an inch. Such profiles shall be stationed on the center line and shall show the existing surface of the ground on the center line and both exterior lines, and the plan shall show the footprints of all houses abutting upon the way. The proposed center line profile shall show the elevation of intersections and tangents, stations, rates of slope, vertical curves and data pertaining thereto, in figures. Elevations shall be shown at all station points on vertical curves.
21. Size and location of existing and proposed sanitary sewers and their appurtenances.
22. Size and location of existing and proposed water mains and their appurtenances.
23. Size and location of existing and proposed surface water drains and their appurtenances.
24. Cross sections of proposed ways.
25. A space for the attestation signatures of the members of the Board with any disqualifying notes which they may desire to add.
26. Before any building permits are issued by the Building Inspector under the provisions of Town by-laws, all existing and proposed grades in the entire subdivision must be shown on a Plot Plan.
27. A statement describing conformance with the Master Plan, the Zoning By-law, the Subdivision Rules and Regulations, and a statement describing any nonconformity.
28. In connection with any definitive plan except that for a subdivision for the purposes of the erection of one single family house, the applicant shall also submit an Environmental Impact Statement which shall provide the information shown in Appendix A to these Rules and Regulations and clearly show the relation of the proposed project to the total environment of the Town and its inhabitants. Said Appendix A shall be considered a part of these Rules and Regulations. The Board, at its discretion, may also require an Environmental Impact Statement for a subdivision of one single family house.
In preparing the Statement, the applicant should refer to the Conservation, Open Space and Recreation Plan for Swampscott, Massachusetts. The Environmental Impact Statement shall address the impact and effect the subdivision will have on the neighboring lands regarding traffic, drainage, sewer, water and the public welfare and safety.
In reviewing the Statement, the Town boards will consider the degree to which water is recycled back into the ground, the maintenance and improvement of the flow and quality of surface waters; the preservation or promotion of wildlife refuges, the preservation of the natural environment, historic sites, unique geological, botanical and archaeological features, existing or potential trails and accesses to open space areas, and the health and safety of the inhabitants of the area.
The Board may waive any section, or sections, of the Statement which it deems inapplicable to the proposed project or may require additional information on any aspect of the statement. The Board may also require that the Statement or appropriate sections thereof be prepared by a Registered Professional Engineer, Architect, or other professional acceptable to the Board. The developer may discuss the requirements with the Board prior to preparation of the Statement.
Review by Board of Health and Others 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 contact prints of the Definitive Plan dark line on white background. For subdivisions serviced by the Town sewerage systems, the Board of Health shall within forty-five 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 state reason or reasons thereof.
General Requirements for Approval
Suitability of Land
No plan of a subdivision of land in any of the districts designated as residential under the Zoning By-Law will be approved unless, after adequate investigation and consultation with the Board of Health, the Board determines that the land can be used for residential purposes without danger to the public health and safety and receives notice to that effect in writing from the Board of Health.
Suitability of System of Ways
No plan of a subdivision will be approved unless the way shown on the plan comply with the following requirements:
All ways shown on a plan shall conform to the Master Plan as adopted by the Board where it applies.
Ways shall be continuous, and in alignment with existing ways, as far as practicable, and shall compose a convenient system with connections adequate to insure free circulation of vehicular travel.
If adjoining property is not subdivided, consideration shall be given to the possibility of projection of proposed ways. Proposed ways shall continue to the exterior boundary of the subdivision unless the Board approves otherwise.
Every cul-de-sac or dead-end way shall be provided with a circular turn-around at its end and having an exterior line radius of not less than fifty feet, and shall not be more than 500 feet in total length, unless a greater length is, in the opinion of the Board, necessitated by topography.
The system of ways shall, when practicable, be designed so as to provide space for two tiers of lots between the longitudinal ways.
No street curve shall have a radius of less than 100 feet at the center line unless the Board approves otherwise.
Width and Grade of Ways
No way of a width of less than 44 feet will be approved except in cases where it would be detrimental to the public health, safety and welfare.
The minimum gutter grade for any way shall be 1.0 per cent. The maximum longitudinal grade shall be 6 per cent.
The transitions in longitudinal grade of every way shall be effected by means of vertical curves of sufficient length to afford, in the opinion of the Board, adequate sight distances.
Intersection Ways
All intersections of ways shall be at an angle of 90 degrees if possible; otherwise, at such an angle as the Board may approve. The number of ways converging upon any one point shall be kept to a minimum. All intersections of ways shall be rounded with a cure at each corner having a radius of at least thirty feet unless the Board shall approve otherwise.
Compliance with Zoning By-Law
No plan of a subdivision will be approved unless all of the lots shown on the plan comply with the requirements and intent of the Zoning By-Law.
The Building Inspector shall review with the Board of Public Works, all subdivisions applications, and they and the Planning Board shall make findings or facts and determine if:
29. All such proposed developments are consistent with the need to minimize flood damage.
30. Adequate drainage is provided so as to reduce exposure to flood hazards.
31. Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands.
When in the opinion of the Planning Board, the subdivision may cause an increase or change of water surface draining, either through natural water courses or through culverts, a developer may be required as a condition for approval to secure such drainage easements as are deemed necessary off the site of the subdivision. In appropriate cases, the developer shall comply with the requirements of the Town of Swampscott’s Plan and/or system for storm drainage as amended from time to time.
Easements
Any easement which in the opinion of the Town Engineer may be required for the future development of the water or sewer systems, both sanitary and storm, shall be shown on the plan and shall become a permanent part of any deeds granted.
Parks, Playgrounds and Preservation of Attractive Features
The Board may decline to approve a plan of a subdivision if the plan fails to show suitably located park or parks of adequate size for playground or recreation purposes or for providing light and air.
1. Proposed Development of Applicant’s Other Contiguous Land
The Board may decline to approve a plan of a subdivision of a portion of a lot or tract which the applicant owns if he fails to furnish sufficient data to enable the Board to relate the proposed subdivision to the applicant’s remaining land.
Boundary Marks and Monuments
The Board will not approve of a plan of a subdivision until suitable boundary or location marks have been installed. Such marks shall be installed at such points at the intersection of proposed ways with each other or with public ways, or where there is a change in the direction of curvature, or on the exterior boundaries of the subdivision, as the Board shall designate and at such other points as the Board may require. At least fifteen days before the date of the public hearing, the applicant shall have his engineer place on the ground, points marking the intersections of the center line tangents of the proposed way or ways, and the intersection of the center line of a proposed way with that of another proposed or existing way, and he shall submit to the Board a sketch showing ties to the points. These
points may be established by means of wood stakes or such other means as the Board shall approve.
Permanent marks shall be monuments of granite, and shall be placed after all roadway and sidewalk construction is complete at such location as directed by the Town Engineer.
Public Hearing on the Definitive Plan
Before approval, modification and approval, or disapproval of the Definitive Plan is given, a public hearing shall be held by the Planning Board notice of the time and place of which and the subject matter sufficient for identification shall be given by the Planning Board at the expense of the applicant by advertisement in a newspaper of general circulation in Swampscott, once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent tax list.
Required Sign
The applicant shall also erect a sign on the property proposed for subdivision that conforms to the following criteria:
32. The sign shall be placed in the most conspicuous location with respect to pedestrian and vehicular traffic. The location of the sign shall be approved by the Planning Board.
33. The sign shall be four feet high by eight feet wide and shall contain the following information in letters large and distinct enough to be read from the nearest public way (black letters on a white background are required):
All lines shall be separated by a 1" space with a one inch margin on the top and bottom.
34. The sign shall be in place at least fourteen days before the date of the public hearing, shall remain in place until the public hearing, and must be removed within one week after hearing.
35. The applicant shall pay for all costs in connection with the sign.
Performance Guarantee
Before endorsement of approval of a Definitive Plan of a subdivision, the subdivider shall agree to complete the required improvements specified in Section IV and V for any lots in a subdivision, such construction and installation to be secured by one and in part the other, of the following methods which may from time to time be varied by the applicant with the approval of the Planning Board.
36. Endorsement of Approval with Bonds or Surety
The subdivider shall either file a performance bond issued by a company licensed and registered to do business in the Commonwealth of Massachusetts or a deposit of money 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 IV and V not covered by a covenant under “b” hereof. Such bond or surety, if filed or deposited, shall be approved as to form, manner, execution, and as to sureties by the Town Treasurer and shall be contingent on the completion of such improvements within two years of the date of the bond. The Town Treasurer will take custody of the bond or surety and will have sole authority for the investment of same with any and all interest earned accruing to the Town of Swampscott. The amount of the
bond shall be determined by applying the actual surveyed quantities multiplied by unit prices as determined by the Town Engineer. Such unit prices including, but not limited to, the following:
Unit Prices
Water mains, connections, and related equipment (per linear foot and per hydrant)
Sanitary sewer construction (per linear foot, per manhole)
Storm sewer construction (per linear foot, per manhole, per catch basin)
Roadway (per linear foot)
Sidewalks (per linear foot)
Monuments (per bound)
Trees (per tree)
Granite curbing; bituminous berm (per linear foot)
Retaining walls (per cubic yard)
Guard rails (per linear foot)
Earth excavation (machine) excavated and removed from site (per cubic yard)
Earth excavation (hand) excavated and removed from site (per cubic yard)
Backfill - Due to extra excavation (per cubic yard)
Rock excavation - In open excavation removed from site. Earth rock must be in excess of 2 cubic yard (per cubic yard)
Rock excavation in Trenches - 3 feet wide or less (removed from site). Earth rock must be in excess of 2 cu. yd.. (Per cubic yard).
37. Endorsement of Approval with Covenant
The subdivider shall file a covenant, executed and duly recorded by the owner of record , running with the land, whereby such ways and services as specified in Section IV and V not covered by bond or deposit under Aa@ hereof, shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed. Covenant must be reviewed and approved as to form by Town Counsel prior to Planning Board endorsement of approval. If such ways and services are not completed within two years of the date of filing of the covenant, approval of the plan shall be automatically rescinded, and the subdivider must resubmit a new plan for the approval and endorsement of the Planning Board.
Reduction of Bond or Surety
The penal sum of any such bond, or the amount of any deposit held under clause Aa@ 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. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required. If the release is by covenant, the covenant shall be reduced to a degree of Seventy-five (75) percent of the value of the work for which the covenant is made and completed. Thereafter, a bond or surety in the full amount of the remaining twenty five (25) percent of the value of the total work shall be filed as called for in subparagraph 5 above. The bond or surety will be held until the entire project is completed and approved.
Release of Performance Guarantee
Upon the completion of improvements required under Section IV and V, and submission of an AAs-built@ plan showing the precise location of water valves, shut-offs, manholes, sewer elevations, etc. a constructed, 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 subdivider may orally request and agree on terms of release with said Planning Board, or he may send by registered mail to the Town 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 to the requirements contained under Section IV and V statement to contain the address of the applicant, and the Town Clerk shall forthwith furnish a copy of said statement to
the Planning Board.
If the Planning Board determines that said construction or installation has not been completed, it shall specify to the applicant in writing the details wherein said construction and installation fails to comply with the requirements contained under Section IV and V. Failure of the Planning Board to act on such application within forty-five days after the receipt of the application by the Town 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 day period expires without such specifications, or without the release and return of the bond, or return of the deposit or release of the covenant and aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which
may be recorded.
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 Town Clerk and sent by delivery or registered mail to the applicant. If the Planning Board modifies or disapproves of such plan, it shall state in its vote the reason for its action. Approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signature of a majority of the members of the Planning Board but not until the statutory twenty day appeal period has elapsed following the filing of the certificate of the action of the Planning Board with the Town Clerk and said Clerk has notified the Planning Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the applicant shall furnish the Planning Board with
three prints thereof.
The contents of any such endorsement of the Planning Board or certificate by the Town Clerk of Swampscott shall be final and conclusive on all parties, subject to the provisions of Section 81-W, Chapter 41, General Laws.
Endorsement of approval of the Definitive Plan does not constitute the laying out or acceptance by the Town of streets within a subdivision.
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