PLANNING
BOARD
RULES AND REGULATIONS GOVERNING
THE SUBDIVISION OF LAND
Adopted September
19,2000 Revised November 20,2001
SECTION 1000. PURPOSE AND AUTHORITY.
1100. PURPOSE.
These subdivision
rules and regulations are hereby enacted, in accordance with the provisions of
G.L. c. 41, s. 81M, for the purpose of protecting the safety, convenience, and
welfare of the inhabitants of the Town, 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, and ensuring sanitary
conditions in subdivisions and in proper cases parks and open areas. The powers of the Planning Board and of the
Board of Appeals under these regulations and the subdivision control law shall
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 and convenient for travel; for
lessening congestion in such ways and in the adjacent public ways; for securing
safety in the case of fire, flood, panic, and other emergencies; for insuring
compliance with the Zoning By‑law, for securing adequate provision for
water, sewerage, drainage, underground utility services, fire, police, and
other municipal equipment, and street lighting and other requirements where
necessary in a subdivision; and for coordinating the ways in a subdivision with
each other and with the public ways in the town, and with the ways in
neighboring subdivisions.
1200. AUTHORITY.
These Rules have been
adopted under the authority vested in the Planning Board by G.L. c. 41, s. 81Q,
as amended. The Planning Board shall be
the agency responsible for the administration of the Rules and shall have all
of the powers assigned to it by G.L. c. 41, ss. 81K to 81GG, inclusive.
SECTION 2000. GENERAL REGULATIONS.
2100. DEFINITIONS.
For the purposes of
these Rules the following words and terms used herein are hereby defined or the
meaning thereof explained, extended, or limited as stated in G.L. c. 41, as amended. Other terms or words or phrases not defined
herein or in the Subdivision Control Law shall be construed according to the
common and approved usage of the language, but technical words and phrases and
such other terms or phrases as may have acquired a particular and appropriate
meaning in law shall be construed and understood according to such meaning.
Abutter shall mean (a) an owner of land sharing a common
property line with the owner of land referred to in a subdivision application
and (b) an owner of land which is directly across a way from the frontage of
said subdivision land.
Applicant shall mean the owner of the land referred to in
an
application
filed with the Planning Board, or the owner's duly
authorized
representative or the applicants assigns.(includes changes
of 11/20/01)
Board shall mean the Planning Board.
Easement shall mean a right acquired by a public
authority or other person for use or control of property for utility or other
designated public purpose.
Frontage shall have the same definition as that used in
the Zoning By-law.
Massachusetts
Department of Highways Standard Specifications for Highways, Bridges and
Waterways shall refer to the
latest edition with amendments.
Massachusetts
General Laws Annotated or G.L.
shall mean the General Laws of the Commonwealth of Massachusetts, Ter. Ed.,
with all additions thereto and amendments thereof. In the case of a rearrangement of the General
Laws, any citation of particular sections herein set forth shall be applicable
to the corresponding sections in the new codification.
Municipal Services shall mean sewers, surface water drains, and
other private or public utilities including water pipes, gas pipes, electric
lines, cable television lines, telephone lines, fire alarm lines, and their
respective appurtenances.
Owner shall mean, as applied to real estate, the
person (hereinafter defined) holding the ultimate fee simple title to a parcel,
tract, or lot of land, as shown by the record in the appropriate Land
Registration Office, Registry of Deeds,
or Registry of Probate. Twenty days prior to any and all transfer of ownership,
the owner shall supply the Planning Board with the name of the new owner and
proof of transfer of deed. (includes changes of 11/20/01)
Permanent
Benchmark shall mean a permanent
reference point with the elevation accurately established by stone bounds and
referenced to the
Person shall mean an individual, partnership,
corporation, or two or more individuals
or a group or association of individuals, having common or undivided interests
in a tract of land.
Roadway or Street shall mean that portion of the way, right‑of‑way,
or street layout which has been prepared and constructed for vehicular traffic.
Rules: These
Subdivision Rules and Regulations of the Planning Board.
Street Categories:
Collector shall mean a street with
anticipated traffic
equivalent to that generated by 50 homes or
more, or which
serves abutting land zoned for business or
industry.
Dead‑End
shall mean a street or a combination of streets which has only one means of
ingress from or egress to a collector or minor street. Only lanes shall be dead-end streets.
Lane
shall mean a street which cannot serve as access to more than ten (10) dwelling
units.
Minor shall mean a street which cannot
qualify as a
lane but which can be expected to handle
less traffic than a
collector street and which serves no
abutting land zoned for
business or industry.
Subdivision shall mean "the division of a tract of land
into two or more lots and shall include re-subdivision, and, when appropriate
to the context, shall relate to the process of subdivision or the land or
territory subdivided; provided however, that the division of a tract of land
into two or more lots shall not be deemed constitute a subdivision within the
meaning of the subdivision control law if, at the time when it is made, every
lot within the tract so divided has frontage on (a) a public way or a way which
the clerk of the city or town certifies is maintained and used as a public way,
or (b) a way shown on a plan theretofore approved and endorsed in accordance
with the subdivision control law, or (c) a way in existence when the
subdivision control law became effective in the city or town in which the land
lies, having, in the opinion of the planning board, sufficient width, suitable
grades, and adequate construction to provide for the needs of vehicular traffic
in relation to the proposed use of the land abutting thereon or served thereby,
and for the installation of municipal services to serve such land and the
buildings erected or to be erected thereon.
Such frontage shall be of at least such distance as is then required by
zoning or other ordinance or by‑law, if any, of said city or town for
erection of a building on such lot, and if no distance is so required, such
frontage shall be at least twenty feet.
Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots
in such a manner as not to leave any lot so affected without the frontage above
set forth, or the division of a tract of land on which two or more buildings
were standing when the subdivision control law went into effect in the city or
town in which the land lies into separate lots on each of which one of such
buildings remains standing, shall not constitute a subdivision." See G.L. c. 41, s. 81L.
Subdivision
Control Law shall mean G.L. c.
41, ss. 81K to 81GG, inclusive, and any amendments thereof, additions thereto,
or substitutions therefor.
Town shall mean the Town of
Way or Right‑of‑Way shall mean the full strip of land designated as
a way, consisting of the roadway, and any planting strips or sidewalks. A way so designated shall be available only
for such uses as are customary for ways in the Town, and shall not be available
for any private construction such as buildings, fuel tanks, septic systems,
fences, or walls.
Yard, front shall mean land extending across the required
width of the lot and lying between the street line of the lot and the nearest
line of the building. The depth of the
front yard shall be the minimum distance between the building and the front lot
line.
Zoning By-Law shall mean the zoning by-law of the Town.
2200. PROCEDURES.
2210. General.
2211. All plans, and all procedures relating
thereto, shall comply in all respects with the provisions of these Rules,
unless the Board authorizes a variation thereof in specified instances.
2212. Any person desiring to make a subdivision
within the meaning of the subdivision control law of any land within the Town
shall, before proceeding with the improvement or sale of lots in the subdivision, or the construction of ways, or
the installation of municipal services therein, submit to the Board a plan of
such subdivision and secure approval by the Board of a Definitive Plan as
hereinafter provided.
2213. The Board shall not approve or modify and
approve any plan of a subdivision of land, unless all lots and other aspects of
such plan conform with the Zoning By‑law of the Town or a variance from
the terms thereof has been granted by the Board of Appeals.
2220. Issuance of Building Permits. The
official in the Town authorized to issue building permits shall not issue any
permit for erection of a building until first satisfied (a) that the lot on
which the building is to be erected is not within a subdivision, (b) that a way
furnishing the access to the lot within a subdivision as required by the
subdivision control law is shown on a recorded plan and that any conditions
endorsed thereon limiting the right to erect or maintain buildings on such lot
have been satisfied, and (c) that all other applicable requirements have been
met.
2230. Professional and Technical Assistance. The Board
may assign as its agents appropriate Town officials, and may hire professionals
to assist in the review of plans and the inspection of improvements, at the cost
of the applicant.
2240. Modification, Amendment, or Rescission. The
Board, on its own motion or on the petition of any interested person, shall
have the power to modify, amend, or rescind its approval of a plan of a
subdivision, or to require a change in a plan as a condition of its retaining
the status of an approved plan, after due notice and opportunity to the owner
to be heard in accordance with G.L. c. 41, s. 81W, as amended.
2250. Submission of Plans. Plans
shall not be considered "submitted" until all required documentation
has been received by
the Board, including
fees.
2260. Fees. The fees indicated in Appendix
A - Planning Board Fee Schedule shall accompany the submittal of application
materials of the various plans specified in the Rules, to cover costs of
processing, technical review, and inspection.
2300. [RESERVED]
2400. PLAN BELIEVED NOT TO REQUIRE APPROVAL.
(ANR approval does not constitute compliance with zoning requirements for building
purposes)
2410. Submission. Any person who wishes to cause
to be recorded in the Registry of Deeds or to be filed with the Land Court a
plan of land and who believes that said plan does not require approval under
the Subdivision Control Law, may submit to the Board said plan, five (5) prints
thereof, and four (4) copies of a properly executed Form A ‑ Application
for Endorsement of a Plan Believed Not to Require Approval, accompanied by the
necessary evidence to show that the plan does not require approval. The applicant shall also submit the fee as
set forth in Appendix A - Planning Board Fee Schedule with the application
form. Said person shall file, by
delivery or registered mail, a notice with the Town Clerk stating the date of
submission for such determination. The
Board will review the plan to determine whether it is a subdivision and whether
it conforms to the standards for endorsement.
2420. Required Information. Said plan
shall be of a minimum dimension of nine and one‑half inches by fourteen
inches (9 1/2" x 14") but not to exceed a dimension of twenty four
inches by thirty six inches (24" x 36"), drawn at a scale of one (1)
inch equals forty (40) feet, and shall contain the following information:
2421.
Identification of the plan by the name of the owner
of record and the location of the land in
question;
2422.
The statement "Approval Under the Subdivision Control
Law Not Required", and sufficient
space for the date, and
all signatures of the members of the Board;
2423.
Zoning classification and location of any zoning
district boundaries that may lie within the
locus of the
plan;
2424.
In the case of creation of a new lot, the remaining
land area and frontage of the land in the
ownership of
the applicant, if any;
2425.
Notice of any decisions by the Zoning Board of
Appeals,
including but not limited to variances and special
permits regarding the land or any buildings
thereon;
2426.
Names of abutters from the latest available Assessor's
records unless the applicant has knowledge
of any changes
subsequent to the latest available records;
2427. Distance to the nearest permanent monument;
contours at the scale of available topographical maps, or where applicable,
contours at a scale sufficient to demonstrate that each lot has present vehicular
access from the way serving the site;
2428. Location of all existing buildings, including
setback and side and rear yard designations and any existing structures on any
remaining adjoining land owned by the applicant and dimensions of yards relating
to such structures;
2429. Location of any easement or way, public or
private, across the land, with a designation as to the use of the same.
2430. Denial of Endorsement. If the
Board determines that the plan does require approval under the Subdivision
Control Law, or does not conform to the standards for endorsement hereunder, it
shall within twenty-one (21) days of submission of said plan, so inform the
applicant and return the plan. The Board
shall also notify the Town Clerk of its determination.
2500. ACCESS ADEQUACY REGULATIONS.
2510. General. Plans shall be endorsed as not
requiring approval under the Subdivision Control Law and subdivision plans
shall be approved only if each building lot to be created by such plan has
adequate access as intended under the Subdivision Control Law, G.L. c. 41, ss.
81K ‑ 81GG.
2520. Standards of Adequacy. Streets
within a subdivision shall be considered to provide adequate access if, and
only if, complying with the standards established in these Rules. Ways providing access to streets within a
subdivision shall be considered to provide adequate access where, prior to
construction on any lots, the applicant ensures that such access will be in
compliance with the Subdivision Regulations for right of way width, pavement
width, maximum grade, and sight distance requirements applicable to ways within
a subdivision.
2530. Obligations. The Board
may require, as a condition of its approval of a subdivision plan, that the
developer construct access ways to a width as required in these regulations,
and that applicant make physical improvements within such way or compensate the
town for the cost of such improvements in order to meet the standards specified
above.
2540. Waivers. The Board may waive strict compliance
with these access regulations only upon its determination, following
consultation with the Selectmen, Superintendent of Streets, Police Chief, and
Fire Chief, that the way in fact will be otherwise sufficient to serve the
needs for access to serve potential uses of land abutting on or served by the
way in question.
2600. WAIVERS.
2610. General. Strict compliance with these
Rules may be waived when, in the judgment of the Board, such action is in the
public interest, not inconsistent with the Subdivision Control Law, and
promotes public health and safety.
SECTION 3000. SUBMISSION AND ACTION.
3100. PRE‑SUBMISSION REVIEW.
3110. General. Prior to investing in extensive
professional design costs for preparation of subdivision plans, the applicant
is invited to review the proposed development of the parcel of land with the
Board, in order to explore general conditions involving the site and to discuss
potential problems. Pencil sketches,
which need not be professionally prepared, will assist in this discussion, and
should show the critical features of a Preliminary Plan. In some cases, this pre‑submission
review may eliminate the need for the formal submission of a Preliminary
Plan.
3200. PRELIMINARY PLAN.
3210. Submission. A preliminary plan of a
subdivision may be submitted by the sub-divider to the Board and through the
Board to the Board of Health for discussion and approval, modification or
disapproval by the Board. Notice of
submission shall be provided to the Town Clerk in accordance with G.L. c.41, s.
81S. The submission of such a Preliminary
Plan shall be made on Form B ‑ Application
for Approval of a Preliminary Plan ‑ and will enable the sub-divider, the
Board, the Board of Health, other municipal agencies, and owners of property
abutting the subdivision to discuss and clarify any aspects of or problems with
such subdivision before a Definitive Plan is prepared. For this reason, the Board strongly
encourages the submission of such
Preliminary Plans in every case. Nonresidential
subdivisions shall submit a preliminary plan.
Fifteen (15) copies of the Preliminary Plan shall be submitted to the
Board at a regularly scheduled meeting, together with the fee set forth in
Appendix A - Planning Board Fee Schedule.
Copies of the plan may be examined by the public during regular business
hours of the Town Hall.
3211.
When the application is deemed complete and properly submitted by the Planning
Board or its agent, it shall notify the Town Clerk in writing of the final
submittal date. The final submittal date
shall be the date that the completed and properly submitted application is
received by the Planning Board. For
applications that have been deemed incomplete, the applicant must agree in
writing to any new submittal date in order for any additional information or
material to be considered part of the original application.
3220. Contents. The preliminary plan may be
drawn on tracing
paper with pencil,
preferably at a scale of one (1) inch equals forty (40) feet, or other suitable
scale acceptable to the Board, shall be clearly designated as "Preliminary
Plan", and shall show:
a. subdivision name, boundaries, north point,
date, and scale;
b. name and address of record owner, applicant,
and designer, engineer, and surveyor;
c. names of all abutters as determined from the
most recent Town tax list;
d. existing and proposed lines of streets, ways,
easements, and public areas within the subdivision;
e. location, direction, names, and present
widths of streets and public or private ways bounding, approaching, or within
reasonable proximity of the subdivision;
f. location, names, and present widths of
streets bounding, approaching, or near the subdivision;
g. topography of the land in a general manner,
including contours at a scale required by the Board;
h. proposed system of drainage, including
existing natural waterways, in a general manner, but including drainage both
within and adjacent to the subdivision;
i. approximate boundary lines of proposed lots,
with approximate areas and dimensions;
j. estimates of the grades of proposed streets
or profiles, where required by the Board;
k. major site features such as existing
stonewalls, fences, buildings, large trees and wooded areas, rock ridges and
outcroppings, wetlands within 100 feet of the subdivision, perennial streams
within 200 feet of the subdivision, and other water bodies;
l. identification of any land area lying within
five hundred (500) feet of any property valued under the provisions of G.L. c.
61A, as amended.
3221. The preliminary plan shall be accompanied by
a statement of existing zoning, any easements, covenants, and restrictions
applying to the area proposed to be subdivided, and a list of any waivers from
these Regulations requested by the applicant.
3222. During discussion of the requirements set
forth in Section 3220, the complete information required for the definitive
plan (Section 3320) and the financial obligations of the applicant (Section
3500) will be developed.
3230. Site Visit. After the regular Board meeting
at which preliminary plan is first discussed, or a definitive plan is submitted
without prior preliminary plan, the Board and/or its agent may schedule a site
visit to the proposed subdivision, accompanied by the applicant and his agents
or representatives. In order to
facilitate inspection and review of the site of the proposed subdivision,
temporary staking will be required along the center line of all proposed roads
in the subdivision before said site visit, or if impractical, the Board may
permit a suitable alternative procedure.
3240. Decision. The Board shall, in conformance
with G.L. c.41, s. 81S, approve such preliminary plan with or without modifications, or disapprove such
preliminary plan with reasons therefor.
3241. Approval of a preliminary plan, with or
without modifications, does not constitute approval of a subdivision. Such approval normally facilitates the final
approval of a subdivision through submittal of a definitive plan.
3242. The Board shall notify the Town Clerk in
writing of its decision on a preliminary plan in accordance with G.L. c.41,
s.81S, as amended.
3243. The submission of a preliminary plan for
examination by the Board shall not be deemed the submission of a definitive
plan of a subdivision of land for approval by the Board under G.L. c.41, s.81L,
and the action or decision of the Board as to such preliminary plan shall not
prejudice its action or decision as to the definitive plan.
3300. DEFINITIVE PLAN.
3310. Submission. A Definitive Plan of a
subdivision may be submitted by the sub-divider to the Board for review and
approval, modification or disapproval by the Board. Notice of submission shall be provided to the
Town Clerk in accordance with G.L. c.41, s. 81S. The submission of such a Definitive Plan
shall be made on Form C ‑ Application
for Approval of a Definitive Plan. Any
person submitting a Definitive Plan of a subdivision of land to the Board for
approval shall file therewith the following:
a. fifteen(15) prints of the Definitive Plan,
dark line on white background. Prints
will be referred to other town boards and departments for review;
b. accompanying statements as required in
Sections 3330 and 3340, below;
c. one (1) properly executed Application Form
and any other required forms on file with the Board (see Appendix);
d. the fee set forth in Appendix A - Planning
Board Fee Schedule;
e. a certified list of abutters signed by the
Board of Assessors with business sized envelopes, stamped and addressed to each
abutter.
3111. When the application is deemed complete and
properly submitted by the Planning Board or its agent, it shall notify the Town
Clerk in writing of the final submittal date.
The final submittal date shall be the date that the completed and
properly submitted application is received by the Planning Board or its
agent.
3312. The applicant shall file by delivery or by
registered mail written notice with the Town Clerk stating that a Definitive
Plan has been submitted in accordance with G.L. c.41, s.81T, as amended, with
the date of submission of the Definitive Plan, accompanied by a copy of the
Application Form.
3313. The applicant shall file one (1) copy of the
Definitive Plan and one (1) copy of the Application Form with the Board of
Health.
3320. Contents. The Definitive Plan shall be
prepared by a Registered Professional Engineer and/or Land Surveyor, and shall
be clearly and legibly drawn in black India ink upon tracing cloth or mylar,
and shall be 24" x 36" in overall dimensions, with a one inch margin
left on one 24" edge of each sheet for filing purposes. The prints shall be at a scale of not less
than one (1) inch equals forty (40) feet, or such other scale as the Board may
prescribe as adequate to show details clearly.
Profiles of proposed streets shall be drawn to the same horizontal scale
as the Plan, and with vertical scale ten (10) times larger unless otherwise
permitted by the Board, on separate tracing cloth or mylar of the same
dimensions as the Plan sheets. If
multiple sheets are used to show the subdivision, they shall be accompanied by
an index sheet showing the entire subdivision.
The Definitive Plan shall show the following information:
a.
subdivision name, boundaries, north point, date, and
scale;
b. a
locus map at a scale of one (1) inch equals one
thousand (1000) feet showing the
proposed streets in
relation to existing streets in the
immediate vicinity;
c. name
and address of record owner, applicant, and
engineer or surveyor, with seal;
d.
where the owner or sub-divider also owns or controls
un-subdivided land adjacent to or
directly across the
street from the land shown on the
Definitive Plan,
the applicant shall submit a sketch
plan showing
possible or prospective street layout
in the event that
such un-subdivided land is developed,
and shall also
show the present drainage for such un-subdivided
land,
natural and constructed;
e. boundary lines of bordering adjacent land or
of land across the street from property being subdivided and names of abutters
thereon as determined from the certified list of abutters;
f.
existing and proposed lines of streets, ways,
easements, and any public or common
areas within the
subdivision;
g.
location, direction, names, and present widths and
grades of streets and public or
private ways bounding,
approaching, or within reasonable
proximity of the
subdivision;
h. sufficient data to determine the location,
direction, and length of every street and way line, lot line, and boundary line
so as to establish these lines on the ground.
The location of base lines and necessary data from which bearings and
elevations may be determined may be furnished by the
i. location and identification of all existing
buildings and site features such as stonewalls, fences, large trees and wooded
areas, rock ridges and outcroppings, flood plain areas, wetlands within 100
feet of the subdivision, perennial streams within 200 feet of the subdivision,
and other water bodies, including depth of water and direction of flow within
or adjacent to the proposed subdivision;
j. existing and proposed topography with two (2)
foot contours based on mean sea level datum, or at a suitable interval as
required by the Board. All buildings and
physical features of abutting property that are within fifty (50) feet of the
boundary must be shown.
k.
acreage of each lot, lot lines, bearings and length
thereof in conformity with the Zoning
By‑Law in each
case;
l. location of existing and proposed monuments,
hydrants, public utility facilities, water pipes, sewer pipes, fire ponds and cisterns, and public water supply wells
within the subdivision;
m.
park or open areas suitably located for conservation,
playground, or recreation purposes
within the
subdivision, if any;
n. proposed storm drainage of land, including
existing natural waterways and the proposed disposition of water from the
proposed subdivision to either adequate natural drainage channels or artificial
means of disposal thereof. Four copies
of a runoff plan and calculations using the rational formula (as described in
Seelye's Design Data Book for Civil Engineers, latest edition), based on a
ten-year expectancy period, to determine necessary pipe sizes which can be no
less than twelve (12) inches in diameter.
Roadways crossing brooks with a drainage area in excess of ten (10)
acres shall be based on a twenty-five (25) year expectancy period. Pipe size, capacity, depth of flow and
velocity of flow shall be included;
o.
location and purpose of all existing and proposed
easements;
p.
location and species of proposed street trees, and/or
individual trees or wooded areas to be
retained within
forty (40) feet of the sidelines of
each street;
q.
street plans and profiles must show the percent of
grade, radii and length of curves, the
point of
curvature, and the point of tangency
of curves;
r. street profiles on the centerlines and
sidelines of proposed streets at a horizontal scale of one inch equals forty
feet and vertical scale of one inch equals four feet, or such other scale
acceptable to the Board. Profiles shall
show elevation of sills of all existing structures. Present and proposed elevations must be shown
at least every 50 feet and must refer to the town base, mean sea level, if
bench available within two thousand (2,000) feet of subdivision. Profile plans of roadways and appurtenances
shall be derived from "on the ground" topography. Profile plans shall show roadway
cross-sections together with locations of proposed underground utilities
including sanitary and storm sewer lines, water lines and their appurtenances,
along with details of all structures, headwall, and retaining walls;
s.
approximate proposed location of principal building
on each lot to comply with the
provisions of the
Zoning By‑Law, whenever
uncertainty exists or upon the
request of the Board, the Board of Health, or the
Conservation Commission;
t.
location of a minimum of two (2) permanent benchmarks;
u. suitable space to record the action and
signatures of the Board members on each sheet of the Definitive Plan in the
lower right hand corner;
v.
location of existing utilities, underground or
overhead, indicating size, type, and
location of
easement;
w. an overlay at the same scale as the
Definitive Plan showing the SCS interpretation of suitability for on-site
sewage disposal, or showing USGS surficial geology, or both. Board of Health sanctioned testing required
under Title 5 (310 CMR 15.00) may be substituted for this overlay. Test pit logs for locations selected by the
Planning Board and shown on one of the above overlays, with not more than one
(1) pit per four (4) proposed lots, selected to reveal general patterns of
subsurface characteristics, after consultation with the Board of Health and the
Conservation Commission;
x. any subdivision with a lot boundary with-in
1500’ of an existing town sewer and or town water services must tie in and
extend those services to each and every lot wiyh-in the subdivision. where
connection to the public water system is not proposed, information indicating why
such connection is not feasible, description of provisions to be made for water
for fire fighting, and information adequate to allow determination of
compliance these regulations regarding potable water quality and quantity;
y. an Erosion and Dust Control Plan, indicating
the erosion and dust control measures to be employed, including description of
locations of temporary stockpiles, spoil areas, temporary drainage systems,
slope stabilization techniques, sediment basins, etc., and narrative description
of how dust is to be controlled and how erosion from individual lots onto
streets and into drainage systems is proposed to be controlled and, in the case
of subdivision of more than fifteen (15) lots, review comments on the Plan by
the Conservation Commission and by the Soil Conservation Service or by others
acceptable to the Board as expert in soil erosion;
z. where located within a flood plain, base
flood elevation (the level of the one hundred [100] year flood) data for
proposals greater than five (5) acres;
aa. an engineer's estimate of materials with
quantities required to construct roadway, utilities and appurtenances for plan
as submitted.
3330. Accompanying Statements and Data. The
Definitive Plan shall be accompanied by four (4) copies of the following
written statements:
a. Existing zoning and any easements, covenants,
and restrictions applying to the area proposed to be subdivided.
b.
Logs of results of all test pits made.
c.
Data and proposed arrangements for water supply,
sewerage, and sewage disposal,
including all
appurtenances, as required by the
Board of Health.
d.
Drainage calculations prepared by the applicant's
engineer, including design criteria,
drainage area and
other information sufficient for the
Board to verify
the size of any proposed drain, swale,
drainfield,
culvert, bridge, or catch basin. Said calculations
are to be made separately for each
drainage facility
showing its location, the total
upstream drainage area,
the percentage of impervious surfaces
in the drainage
area, the runoff per acre, the design
runoff, facility
size, slope and capacity, and the
velocity of water
through it. Describe any areas subject to ponding or
flooding, existing or proposed flood
control or wetland
easements, estimated increase of peak
runoff caused by
altered surface conditions, and
methods to be used to
return water to the soils.
e.
A complete list of any waivers requested from these
Rules, pursuant to Section 5300,
herein.
3340. Development Impact Statement (DIS). The
impact of the proposed subdivision is to be described according to the
following criteria, except that in the case of subdivisions containing 20 or
fewer units, the Board will normally waive some or all of these requirements. Unless this requirement is waived by the
Board, the DIS shall be prepared by an interdisciplinary team including a
Registered Landscape Architect or Architect, a Registered Professional or Civil
Engineer, and a Registered Surveyor.
a.
Physical Environment.
(1) Describe the general physical conditions of
the site, including amounts and varieties of vegetation, general topography,
unusual geologic, archeological, scenic and historical features or structures,
location of significant viewpoints, stone walls, trees over 16 inches in
diameter, trails and open space links, and indigenous wildlife.
(2)
Describe how the project will affect these
conditions, providing a complete
physical description
of the project and its relationship to
the immediate
surrounding area.
b.
Surface Water and Subsurface Conditions.
(1)
Describe location, extent, and type of existing
water and wetlands, including existing
surface
drainage characteristics, both within
and
adjacent to the project.
(2) Describe any proposed alterations of shore
lines,
marshes, or seasonal wet areas.
(3)
Describe any limitations imposed on the project by
soil and water conditions and methods
to be used
to overcome them.
(4)
Describe the impact upon ground
and surface
water quality and recharge, including
estimated
phosphate and nitrate loading on
groundwater and
surface water from septic tanks, lawn
fertilizer,
and other activities within the
development.
c.
Circulation Systems.
(1) Explain the reasons for location of streets
and
intersections as shown on the
Definitive Plan, with
specific reference to criteria set
forth in Section
4100, below.
(2)
Project the number of motor vehicles to enter or
depart the site per average day and
peak hour. Also
state the number of motor vehicles to
use streets
adjacent to the proposed subdivision
per average day
and peak hour. Such data shall be
sufficient to enable
the Board to evaluate (a) existing
traffic on streets
adjacent to or approaching the
proposed subdivision,
(b)
traffic generated or resulting from the proposed
subdivision, and (c) the impact of
such additional
traffic on all ways within and
providing access to
the proposed subdivision. Actual study results, a
description of the study methodology,
and the name,
address, and telephone number of the
person responsible
for implementing the study, shall be
attached to the
DIS.
d.
Support Systems.
(1)
Water Distribution: Discuss the types of wells
proposed for the site, means of
providing water for
fire‑fighting, and any problems
unique to the site.
(2)
Sewage Disposal: Discuss the type
of system
to be used, suitability of soils,
procedures and results
of percolation tests, and evaluate
impact of disposal
methods on surface and groundwater.
(3)
Refuse Disposal: Discuss the
location and
type of facilities, the impact on
existing Town refuse
disposal capacity, hazardous materials
requiring
special precautions.
(4)
Fire Protection: Discuss the
type, location,
and capacity of fuel storage
facilities or other
flammables, distance to fire station, and adequacy of
existing fire fighting equipment to
confront potential
fires on the proposed site.
(5)
Recreation: Discuss the distance
to and type
of public facilities to be used by
residents of the
proposed site, and the type of private
recreation
facilities to be provided on the site.
(6)
Schools: Project the increase to
the student
population for nursery, elementary,
junior high school,
and high school levels, also
indicating present
enrollment in the nearest public
schools serving these
categories of students.
e.
Phasing. Where development of the
subdivision will
require more than one (1) year,
indicate the following:
(1)
Describe the methods to be used during
construction to control erosion and
sedimentation
through use of sediment basins,
mulching, matting,
temporary vegetation, or covering of
soil stockpiles.
Describe
the approximate size and location of portion
of the parcel to be cleared at any
given time and
length of time of exposure.
(2)
Describe the phased construction, if any, of any
required public improvements, and how
such improvements
are to be integrated into subdivision
development.
3400. REVIEW OF DEFINITIVE PLANS.
3410. Board of Health as to Suitability of the
Land. The applicant shall file with the Board of
Health two prints of the Definitive Plan.
The Board of Health shall, within forty‑five (45) days after
filing of the plan, report to the Board in writing and shall make specific
findings as to which, if any, of the proposed lots shown on such plan cannot be
used for building sites without injury to the public health, or is unsuitable
because of drainage conditions. The
Board of Health shall make specific findings and state reasons therefor in such
report, and, where possible, shall
make recommendations for the adjustment thereof. The Board of Health shall determine the
extent of soil evaluation, which may include deep test holes, percolation
tests, and test borings, and shall determine the number of tests to be
required. At the time of the filing of
the Definitive Plan, the applicant shall stake all proposed lots and mark
proposed lot numbers on said lots for
identification to
facilitate review by the Board of Health.
3420. On‑site Wastewater Disposal.
Notwithstanding Section 3410, a permit to construct an individual sewage
disposal system for sanitary wastewater disposal
shall be obtained from the Board of Health for each individual lot prior to the
issuance of a building permit. A condition shall be recorded on the Definitive
Plan as
follows: "No building or structure shall be built
or placed upon any lot without a permit from the Board of Health."
3430. Other Town Officials. Before
approval of a Definitive Plan is given, the Board will obtain appropriate
checks on the engineering and survey information shown on said plan, and
written statements that the proposed improvements shown are laid out to the
satisfaction of the official, as follows:
3431.
As to the design of the street system, location of
easements, and design of sewerage, water,
and drainage
systems, including appurtenances: the
planning consultant
or engineer designated by the Board;
3432.
As to location, size, and species of street trees:
the Tree Warden.
3433.
As to the form of easements, covenants, and
performance guarantees: Planning Board
Legal Counsel.
3434. As to location of hydrants, fire ponds and
cisterns, and with regard to fire safety: the Fire Chief.
3435.
As to street
safety: the Police Chief.
3436.
As to the
location of street lights the Light Department.
3440. Public Hearing. Before
approval, modification, or disapproval of a Definitive Plan is given, a public
hearing shall be held by the Board.
Notice of such hearing shall be given in accordance with the provisions
of G.L. c.41, s.81T, as amended. A copy
of said notice shall be mailed, by certified mail, to the applicant and to all
owners of land submitted on Form D ‑ Certified List of Abutters.
3450. Decision. After the public hearing, the
Board in due course will approve, modify and approve, or disapprove the
Definitive Subdivision Plan submitted.
Criteria for action by the Board shall be the following:
3451. Completeness and technical adequacy of all
submissions;
3452. 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 environment degradation;
3453. Conformity with the requirements of these
Rules and compliance with the Zoning By-Law;
3454. Determination, based upon the Development
Impact Statement (where submitted), that the subdivision as designed will not
cause substantial and irreversible damage to the environment, which damage
could be avoided or ameliorated through an alternative development plan.
3460. Mandatory Conditions. Any
definitive plan approved by the Planning Board shall contain the following
conditions:
3461. Failure by the applicant to obtain the
endorsement of the Planning Board within six (6) months of the date of the
approval of the Definitive Plan shall result in the automatic rescission of
this approval. The time for such
endorsement may be extended for not more than one year upon the written request
of the applicant, for good cause shown, prior to the expiration of said six
month period, and upon a vote of the majority of the Planning Board.
3462. Failure by the applicant to complete the
construction of the ways and the installation of the services shown on the
Definitive Subdivision Plan within three (3) years of the date of endorsement
shall result in the automatic rescission of this approval. The time for such construction and/or
installation may be extended upon the written request of the applicant, for
good cause shown, prior to the expiration of said three (3) year period, and
upon a vote of the majority of the Planning Board.
3500. PERFORMANCE AND MAINTENANCE GUARANTEES.
3510. Final Approval with Bond or Surety.
Before approval of a Definitive
Plan, the sub-divider shall either file a performance bond, or deposit money or
negotiable securities in an amount determined by the Board as set forth
below. Letters of credit are not
acceptable. Passbooks shall be
accompanied by a form assigning same to the Town. A bond estimate may be requested by the
Board; such estimate shall remain effective for 90 days. The estimate shall reflect the cost for the
Town to complete work under adverse conditions which may necessitate legal
fees, public bidding, and additional town staff time. Ordinarily the Board shall require an amount
covering the total cost of construction of all roads and other improvements
within and without the subdivision. Such
bond or security if filed or deposited shall be approved as to form and manner
of execution by the Planning Board Legal Counsel, and as to sureties by the
Town Treasurer. Such bond or security
shall be contingent on the completion of such improvements not later than three
(3) years from the date of the endorsement of the definitive plan. Failure to so complete shall result in the
automatic rescission of the approval of the definitive plan by the Board,
unless the Board extends said period, for good cause shown, after the written
request of the applicant prior to the expiration of said period.
3511. In
determining the amount of the bond or surety, the Board
shall be guided by the following formula in
setting the sum of the
security:
a. the
Board's estimate of the cost to complete the work; plus
b.
a ten percent margin or error; plus
c. an appropriate rate of inflation over a five
year period.
3520. Final Approval with Covenant. Instead
of filing a bond or depositing surety, the sub-divider may request approval of
the Definitive Plan on condition that no lot in the subdivision shall be sold
and no building shall be erected thereon, until the improvements specified
herein are constructed and installed so as to adequately serve said lot or
lots. Such covenants shall be executed
and duly recorded by the owner(s) of record, and shall run with the land. Proposed covenants shall be submitted with
the Definitive Plan, and shall be approved as to form by the Town Counsel or
Special Town Counsel. Such covenant
shall state that the improvements shown on the definitive plan shall be
completed not later than three (3) years from the date of the endorsement of
the definitive plan. Failure to so
complete shall result in the automatic rescission of the approval of the
definitive plan by the Board, unless the Board extends said period, for good
cause shown, after the written request of the applicant prior to the expiration
of said period. Covenants and stated
conditions therein shall be referred to
on the plan and recorded in the Registry of Deeds. The subdivider shall promptly, after
recording, send a copy of the covenant, showing book and page number, to the
Board.
3530. Converting Covenant to Another Performance
Guarantee. If the applicant desires that lots be
released from a covenant and that the improvements remaining to be constructed
or installed be secured by another form of performance guarantee, a formal
written request shall be sent to the Planning Board by registered mail which
sets forth and includes:
a. The extent and scope of remaining work to be
completed to satisfy the requirements for the construction or installation of
all required ways and municipal services; and,
b. An estimate, pursuant to these Regulations,
which reflects all remaining costs related to the construction of all required
ways and installation of all required municipal services; and,
c. The form and type of guarantee being given to
the Planning Board to secure all remaining improvements.
3531. The Planning Board or its agent will make a
determination as to the sufficiency of the submitted estimate, and, if such
estimate is accepted, a new performance guarantee will be given to the Planning
Board. Upon acceptance by the Planning
Board of the new performance guarantee, all applicable lots shall be released
from the covenant.
3532. No lot shall be released from the covenant
until the first course of pavement serving such lot has been installed in
accordance with the specifications of the approved Definitive Plan.
3540. Converting Bond, Deposit, or Agreement to
Covenant. If the applicant desires to secure by means
of a covenant the construction of ways and the installation of municipal
services in a portion of a subdivision for which no building permits have been
granted nor any lots have been sold, and to have the Planning Board release the
bond, deposit of money or negotiable security, or agreement and mortgage
previously furnished to secure such construction and installation, the
applicant shall submit to the Planning Board a reproducible tracing and three
(3) contact prints of the reproducible tracing of the definitive subdivision
plan, limited to that part of the plan which is to be subject to such
covenant. Upon approval of the covenant
by the Planning Board, reference thereto shall be inscribed on such section of
the plan, and it shall be endorsed by the Planning Board and recorded with the
covenant at the expense of the applicant.
Certified copies of all documents which the applicant records at the
Registry of Deeds shall be provided to the Planning Board as set forth in these
Regulations.
3550. Maintenance Guarantee. The
Planning Board may require a maintenance bond for a reasonable period of time
as a condition of the approval of a Definitive Plan, to secure the maintenance
of stormwater management facilities, cisterns, fire ponds, or other
improvements.
3600. ENDORSEMENT AND RECORDING.
3610.
Certificate of Approval. The action of the Board with respect to any Definitive Plan shall be by
majority vote of the Board as
constituted, copies of which shall be certified and filed with the Town Clerk and sent by
registered mail to the applicant. If the Board modifies or disapproves such
plan, it shall state in its vote the
reasons for such modification or disapproval. Final approval, if granted, shall be endorsed
on the original drawing of the
Definitive Plan by the signatures of
a majority of the Board, but not until the statutory twenty (20) day appeal period has elapsed following
the filing of the certificate of the
Board's action with the Town Clerk and said clerk has notified the Board that no appeal
has been filed.
3611. After the Definitive Plan has been approved
and endorsed, the applicant shall furnish the Board with eight (8) blueprints
and the original thereof. The Planning
Board upon receipt of the blueprints and the original, shall send one (1)
blueprint to each of the following Board or Supervisors of the Town: Fire
Department, Conservation Commission, Board of Health, Board of Assessors,
Municipal Light Board, and Department of Public Works, and shall retain the
original and two copies for its own files.
3612. Final approval of the Definitive Plan does
not constitute the laying out or acceptance by the Town of streets within a
subdivision.
3620. Recording of Plan. Within
thirty (30) days after the return of an approved plan, the applicant shall
cause to be recorded in the Registry of Deeds, and in the case of registered
land with the recorder of the
3700. EVIDENCE OF SATISFACTORY PERFORMANCE.
3710. Submission. Before the Board shall finally
release a performance bond or a deposit, or in the case of approval with
covenants, issue a final release of a covenant, all held pursuant to Section
3500, above, the applicant shall:
3711. File with the Board a certified copy of the
layout plan of each street in the subdivision marked "As Built". In the case of approval with covenants, the
applicant may show only the street or streets serving the lots for which a
release is desired on the layout plan.
Certification shall be by a Registered Professional Engineer or Land
Surveyor, and shall indicate that streets, storm drains, sewers, water mains,
and their appurtenances have been constructed in accordance with said plan and
are accurately located as shown thereon.
3712. Obtain and submit to the Board written
evidence that the required improvements, as set forth herein, have been
completed to the satisfaction of the official listed below:
a. for the planting of any required street
trees: Tree Warden;
b. for the placing of monuments and construction
of all other required improvements and the performance of all other required
work: Planning Board and/or its designated agent;
c. for streets and drainage, as in conformance
with the approved Definitive Plan: Planning Board and/or its designated agent;
d. for underground wiring, water mains, sanitary
sewers, storm sewers, hydrants, fire ponds, and fire alarms, as in conformance
with the approved Definitive Plan: Planning Board and/or its designated agent.
3713.
The applicant shall submit written evidence that all
of the required improvements stated in
Section 3712 have
been in place twelve months without damage,
or, if damage has
occurred, that such damaged improvements
have been
repaired to the satisfaction of the Board.
3800. RELEASE OF PERFORMANCE GUARANTEE.
3810. General. Upon completion of the
improvements required under Section 4000, or the performance of any covenant
with respect to any lot, the applicant shall send by registered mail to the
Town Clerk a statement, in duplicate, that said construction or installation in
connection with any bond, deposit, or covenant has been completed in accordance
with the requirements of Section 4000.
Such statement shall contain the name and address of the applicant, and
the date of filing with the Town Clerk.
The Town Clerk shall forthwith furnish a copy of the statement to the Board.
If the Board determines that said construction or installation has been
completed, it shall release the interest of the Town in such bond or deposit
and return the bond or deposit to the person who furnished same, or issue a
release of covenant in a form acceptable for recording. If the Board determines that said
construction or installation has not been completed, it shall specify to the
applicant in writing the details wherein said construction or installation
fails to comply with the provisions of Section 4000. Upon failure of the Board to so notify the
applicant within forty‑five (45) days after the receipt by the clerk of
said statement, all obligations under the bond shall cease and terminate by
operation of law, and deposit shall be returned, and any covenant shall become
void. In the event that such forty‑five
(45) day period expires without notification by the Board, or without the
release and return of the bond, or the return of the deposit, or the release of
the covenant, the Town Clerk shall issue a certificate to such effect, duly
acknowledged, which shall be recorded by the applicant.
3820. Ways and Services. The Board
shall release from covenants only those lots for which installation and
construction of ways and services has been completed, in accordance with these
Rules. The applicant shall submit the
appropriate form when applying for the release of a lot from a covenant.
3830. Pavement. The Board shall not release any
bond, deposit, or covenant nor shall a building permit be granted for any lot
until the first course of pavement has been installed with manhole covers and
other structures set therein at the level of such first course.
3840 – 3841. Completion of Work. After the
completion of the work described on the definitive plan and in its decision,
the Planning Board shall retain a bond in the amount of five (5%) percent of
total project costs. Cost estimates shall be estimated and submitted by the
Boards engineer. This bond shall cover
any and all expenses accrued to the roadway and associated infrastructures and
to protect the town against damages sustained before being town accepted at the
annual town meeting.
Prior to the release
of this bond, a deed for the roadway and associated infrastructure shall be
delivered to the Planning Board. Prior
to the release of this bond, as built plans shall be provided to the Planning
Board, and the Planning Board's agent shall certify that the improvements shown
thereupon are as built on the site.
Prior to release of this bond the town shall accept the roadway as town
approved. (includes
changes of 11/20/01)
SECTION 4000. REQUIRED IMPROVEMENTS.
4100. GENERAL.
4110. Design Guidelines. All subdivisions
shall be designed, and improvements made by the developer, consistent with the
requirements of Section 4000, Required Improvements, and shall be designed to
do the following:
4111.
Reduce, to the extent possible:
a. the volume of cut and fill;
b. area over which existing vegetation will be
disturbed,
particularly
in those areas within 200 feet of a water body,
having a slope of more than 15%, or overlying
easily
eroded soils;
c. number
of mature trees removed;
d. extent
of waterways altered or relocated;
e.
visual prominence of man‑made structures or uses not
necessary
for safety or orientation;
f. erosion
and siltation;
g. flood damage;
h. number of driveways exiting onto existing
streets;
i. disturbance of important wildlife habitats, outstanding botanical features, and scenic
or historic environs.
4112.
Increase, to the extent possible:
a.
visual prominence of the landscape;
b.
legal and physical protection of views from public ways;
c.
street layout facilitating south orientation of houses;
d.
use of curvilinear street patterns.
4113. The location of proposed streets, parks and
open spaces shall be designed so as to minimize the number of probable house
sites located within five hundred (500) feet of any property valued under the
provisions of G.L. c. 61A. Where reasonable designs could substantially reduce
the proximity of house sites to agricultural land but are not employed, an
explanation for failure to do so shall be provided to the Board by the
applicant.
4120. Conformance
with Zoning By‑Law. All lots shown on the plan shall conform with
the requirements for area, dimensions, frontage, buildable area, and all other requirements of the Zoning By‑Law.
4130. Access to Subdivisions. A way
providing access to any subdivision must be within the Town limits, without
requiring municipal service vehicles (including, but not limited to, fire
vehicles, police vehicles, plows, school buses, emergency vehicles, and
maintenance vehicles) to exit the Town in order to enter the subdivision. Any other access to a subdivision through
another town requires certification by that town that the way in question is in
accordance with the subdivision rules and regulations of the Planning Board of
that town, that any bond posted for construction in that town is adequate, and
that the way provides adequate access for police, fire, and emergency vehicles
as well as the expected traffic generated by the subdivision. The Planning Board may require, as a
condition of approval, written agreements indicating, if applicable, the
services to be provided to the subdivision by the adjacent town.
4140. Open Spaces.
4141. Before approval of a plan, the Board may
require the plan to show a park or parks suitably located for playground or
recreation purposes or for providing light and air. The park or parks shall be of reasonable
size, but generally not less than five (5%) percent of the area of the land to
be subdivided, after considering the location and quality of the land to be set
aside. The minimum area acceptable for
later public acquisition shall be three (3) acres. The Board may by appropriate endorsement on
the plan require that no building be erected on such park or parks without the
approval of the Board for a period of three (3) years.
4143. Any open space, park, or playground shall
provide at least fifty (50) feet of continuous frontage on a street. Pedestrian ways may be required by the Board
to provide access from nearby streets on which the open space, park, or playground
has no frontage. Such parks or playgrounds may be required to have maintenance
provided by covenants and agreements acceptable to the Board, until public
acquisition is completed, but in no case longer than three (3) years.
4150. Wetlands Protection. The Board
may condition its approval of a Definitive Plan upon the issuance of an order
of conditions by the Conservation Commission of the Town, pursuant to the
Wetlands Protection Act, G.L. c. 131, s. 40.
4160. General Construction Standards.
4161. All streets, street drains, catch basins, and
appurtenances thereto shall be installed without expense to the Town.
4162. All right of way lines, drain lines, and
underground municipal services shall be laid out as to line and grade by a Registered
Professional Engineer or a Registered Land Surveyor.
4163. All construction details, materials, methods,
and specifications shall conform to the current requirements of the "
4164. Areas within the subdivision used previously
for the extraction of gravel or borrow shall be re-graded, loamed, and in sod
before final release of the performance guarantee is authorized by the Planning
Board. All construction debris, refuse,
and other solid waste shall be removed from the site, and all surplus
construction material, before final release of the performance guarantee is
authorized by the Planning Board.
4200. STREETS.
4210.
Location.
4211. All streets in the subdivision shall be
designed so that, in the opinion of the Board, they will provide safe vehicular
travel and natural drainage with no drainage pockets, and that they are
adjusted to the topography and provide the minimum number of intersections with
existing and collector streets. Streets
shall be continuous and in alignment with existing streets as far as is
practicable. Due regard shall also be
given by the applicant to the attractiveness of the street layout so as to
promote the maximum livability and amenities in the subdivision.
4212.
Provision
shall be made by the applicant, satisfactory
to
the Board, for the proper projection of streets, or for access to adjoining
property, if any, which has not yet been subdivided. In the alternative, the
Board may limit or prohibit the projection of streets to adjoining property
where such action is in the public interest.
4213.
Subdivisions containing ten (10) or more lots
shall
have
at least two (2) noncontiguous street connections with a street or streets
either existing or shown on an approved subdivision plan for which a
performance guarantee has been filed.
4214.
Streets will
ordinarily be required adjacent to parks,
playgrounds,
and schools, to provide proper access and
policing of such areas.
4220. Alignment.
4221. Streets shall be laid out so as to intersect
as nearly as possible at right angles.
4222.
Intersections shall be separated by not less than six hundred (600) feet on
collector streets, and (400) feet elsewhere.
4223.Centerline offsets for intersecting streets shall not be less than
one hundred fifty (150) feet.
4224. All intersections and approaches to intersections
shall be cleared of any obstructions to the motorist's view and so maintained.
Collector streets: 300 feet
Minor streets: 150 feet
Lanes: 150 feet
4226.
Sight distances of at least two hundred (200) feet in each direction shall be
provided at intersections, except that three hundred (300) feet shall be
provided at intersections with state-numbered highways or collector streets or
other streets having a speed limit of 40 MPH or greater. At such intersections, the Planning Board may
require intersection designs with longer turning radii and safe acceleration
and deceleration features, including increased street width, increased curb
radii, and use of traffic islands for channelization.
4227. All reverse curves on collector streets shall
be separated by a tangent at least one hundred (100) feet in length.
4228. Property lines at street intersections shall
be rounded or cut back to provide for a curb radius of not less than twenty‑five
(25) feet, except that a curb radius of not less than fifteen (15) feet may be
allowed at intersections of lanes with minor streets.
4230. Widths. The minimum width of streets
shall conform to the following:
Collector streets: Fifty (50) feet right of way
Twenty-Eight (28)
feet pavement
Minor streets: Fifty (50) feet right of way
Twenty‑Six
(26) feet pavement
Lanes: Fifty (50) feet right of way
Twenty-Four (24)
feet of pavement
4240. Grades.
4241.
Centerline
grade for any street shall not be less than seventy‑five hundredths (.75)
of one percent.
4242. Maximum centerline grades on continuous
grades of 400 feet or less shall conform to the following:
Collector streets: seven (7) percent
Minor streets: ten (10) percent
Lanes: ten (10) percent
On
grades longer than 400 feet, reduce by 2% for each category.
4243. On any street where the grade exceeds 6% on
the approach to an intersection, a staging area with a slope of not more than
4% shall be provided for a distance of at least forty (40) feet from the nearest
edge of the travelled intersecting way.
4244. Proposed centerline grade shall not be more
than ten (10) percent above or below existing centerline grade unless the Board
specifically waives this provision due to unusual topographic circumstances.
4245. To the extent feasible, street grades shall
be designed in relation to existing grades so as to approximately balance the
volume of cut and fill made within the right of ways, except to offset peat,
boulders, or other unusable material required to be removed.
4250. Dead‑end Streets.
4251. A dead‑end street, whether temporary or
permanent, shall not have a centerline length in excess of 800 feet from the
traveled edge of the intersecting street to the furthest traveled edge of the
dead‑end street, unless the Board specifically waives this provision due
to unusual topography or other conditions.
4252. A dead‑end street shall not have a
grade in excess of three (3) percent for the last one hundred (100) feet of its
closed end.
4253. Dead-end streets shall be provided at the
closed end with a cul-de-sac having a minimum radius of fifty-seven(57) feet of
black top and a maximum radius of sixty-eight (68) feet of a property
line.
4254. Temporary dead‑end streets shall also
provide the turn‑around set forth in Section 4253, which may be located
in part on easements over lots, so long as contractual assurance is provided
that upon extension of the street in question, the turn‑around shall be
removed and replaced with proper plantings and landscaping. Turnarounds shall permit maneuvering without
backing.
4255. Only lanes may be permitted to be dead-end
streets.
4256. Permanent dead-end water mains shall not be
allowed. Easements shall be provided
where necessary to allow for extension or looping of mains through subsequent
development.
4260. Construction of Roadways.
4261. Each street shall be constructed on the
centerline of the right of way; the centerline of the paved surface shall
coincide with the centerline of the right of way. Pavement specifications shall be shown on
detail plans submitted with the Definitive Plan.
4262.
The Planning Board may require slope easements where retention cannot be adequately handled
within the required right of way.
4263. The roadway shall be cleared of all
obstructions of any kind for a distance equal to the sum of the specified width
of the pavement, plus the required shoulder, sidewalk or swale on each side of
the pavement. A greater width may be
required at corners and on the inside of curves for visibility.
4264. At least one (1) week prior to commencement
of street construction, the Department of Public Works shall be notified by
certified mail of the intended commencement.
The Department of Public Works shall, upon receipt of such notification,
appoint an agent and instruct said agent to make continuing inspections of the
work to insure that the requirements listed below are adhered to. The inspecting agent shall furnish the sub-divider
with a check list of steps to be completed.
The sub-divider shall not proceed with any steps until all prior steps
have been signed by the Inspector as satisfactorily completed. The completed check list is to be returned to
the Planning Board. Failure to submit
completed check list may be deemed sufficient cause for the Board to withhold
final approval of the roadway construction.
4265.
Forming the Sub-grade. All top soil,
sub-soil, rocks, ledge and other unsuitable material shall be excavated to
provide a gravel base depth of at least two (2) feet within the traveled way,
twelve (12) inches for shoulders, and ten (10) inches for sidewalks. Unless a permit is granted by the Town for
the removal of loam and top soil, said material will be stock-piled on the
premises for final landscaping of roadway shoulders and adjacent house
lots. The depth of excavation may be
reduced by written authorization of the Department of Public Works if the
existing base is certified by the plan engineer as clean gravel meeting state
specifications for construction. A
greater depth of excavation may be required in any area where the sub-grade
material (clay, peat, etc.) will not support the roadway, or drainage
conditions require more gravel to establish a firm foundation. Prior to placement of the gravel base course,
the entire sub-grade surface shall be thoroughly compacted by means of a three
(3) wheel roller weighing not less than ten (10) tons or equivalent pneumatic
tired or vibratory compactors. After
compacting, the surface shall show no deviation in excess of two (2) inches
from the grades indicated on the drawings.
No gravel base course shall be placed in any sub-grade area until said
area has been inspected and approved by the Department of Public Works or its
agent.
4266. Placing and Compacting Base Course
Materials. Base course gravel shall be
placed in maximum lifts of eight (8) inches compacted depth. The final lift is to be a finer gradation
with no stones larger than three (3) inches in diameter. The base course gravel shall be placed not
less than two (2) months prior to surfacing.
All drainage and utilities are to be installed prior to placing base
course gravel. The base course gravel,
once approved, is not to be disturbed by digging without written authorization
of the Department of Public Works.
4267. Conditioning of Base Course Prior to
Surfacing. The surface of the base
course will be inspected and tested for tolerances by the Department of Public
Works or its agent. Any deviations in
excess of the required tolerances shall be corrected by the subdivider as
directed. Any ruts or soft yielding
areas in the base course shall be corrected by removing unsuitable material,
adding suitable material, reshaping and recompacting as directed. The base course, immediately before
surfacing, shall be fine graded to three and one-half (3.5) inches below final
grade as shown on the profiles on the Definitive Plan, with the grades of the
street further apart than fifty (50) feet.
Grading shall be by means of a self-propelled road grader and such hand
labor as may be required.
4268. Application on Permanent Surface. A permanent type pavement of Class I
Bituminous Concrete, Type I-1 shall be placed in strict accordance with the
Mass. Dept. of Public Works Standard Specifications for Highways, Bridges, and
Waterways, Section 460.0 through 460.62.
Said pavement shall be laid in two (2) courses, consisting of two and
one-half (2.5) inches compacted thickness of base mixture and one and one-half
(1.5) inch compacted thickness of top mixture.
The completed pavement shall have a uniform compacted thickness of four
(4) inches. No permanent surface will be
applied after November 1st unless authorized in writing by the Department of
Public Works.
4269. Drainage structure frames and utility boxes
shall be set to the binder grade. The
frames and boxes shall be raised to finish grade and set in a concrete collar
just prior to final paving.
4270. Shoulders.
4271. Roadways shall have shoulders in conformance
with the following widths:
Collector streets: 5 feet
Minor Streets: 5 feet
Lanes: 5 feet
4272. Shoulders shall be pitched at three-eighths
(3/8) inch to the foot towards the curb or swale.
4273. Shoulders shall have an eight (8) inch gravel
foundation, four (4) inches of topsoil (after rolling), and be planted in
accordance with Section 4530.
4300. STORMWATER MANAGEMENT.
4310. General. Storm drains, culverts, swales,
detention basins, and related facilities shall be designed to permit the
unimpeded flow of all natural water courses, to ensure adequate drainage at all
low points along streets, to control erosion, and to intercept stormwater
runoff along streets at intervals reasonably related to the extent and grade of
the area being drained. Where determined
to be appropriate to the Board, stormwater may be carried on the
surface of the ground
and recharged (herein, "open system") rather than piped to surface
water (herein, "closed system").
Peak storm discharge rate at the boundaries of the subdivision in a
twenty‑five (25) year frequency storm shall be no higher following
development than prior to development, unless authorized by the Board after
consultation with the Conservation Commission, and
determination that
the receiving wetlands or water bodies may absorb the increase, or that the
provision of detention capacity is sufficient.
In a flood plain, adequate drainage systems shall be provided to reduce
exposure to flood hazards.
4320. Full Build Out. Storm
water run-off calculations for proposed conditions should use general land use
conditions that assume full build out within the existing zoning
requirements. Less conservative values
may be applied to determine peak storm discharge rate when coupled with
enforceable land use restrictions.
4330. Location
of Detention Basins. Detention basins shall not be located on a
separate parcel. No detention basin shall be located within fifty (50) feet of
any lot line. Detention ponds shall have deeded easements to the town. A bond
shall be kept in the towns detention ponds escrow for upkeep in case of owners
lack of maintenance.
4340. Storm Drains.
4341. Except where drainage swales are used, catch
basins will be required on both sides of the roadway on continuous grades at
intervals of not more than two-hundred and fifty (250) feet. Storm drains and culverts shall be no less
than twelve (12) inches inside diameter and shall be of greater size if
required by design considerations. All
drains shall have a minimum of three (3) foot cover, except where reinforced
concrete pipe is used and there the minimum cover shall be two (2) feet. Pipe approved by the Massachusetts Department
of Highways (DOH) shall be installed in accordance with DOH requirements. The sub-divider shall specify the class of
pipe to be used.
4342. Proper connections shall be made with any
existing drains in adjacent streets or easements where they may exist and prove
adequate to accommodate the drainage flow from the subdivision, and in the
absence of such facilities, or the adequacy of the same, it shall be the
responsibility of the developer to extend drains from the subdivision as
required a manner determined by the Department of Public Works, or Planning
Board.
4343. Side drains during construction may be
required by the Department of Public Works.
Six (6) inch sub-drains, five (5) feet off the side line may be required
in all cuts over three (3) feet.
4350. Catch Basins. Catch
basins shall be provided with grates installed and approved as to design by the
Board. Manholes shall be provided at
changes in direction, whenever there is a change in size of pipe, and so as to
eliminate the draining of one basin into another basin. Catch basins and manholes shall be
constructed with standard concrete blocks, with brick and mortar or, if
required by depth of reinforced concrete, and shall have a two (2) foot deep
sump.
4360. Certificate of Occupancy. No
certificate of occupancy shall be issued for any dwelling unit in a subdivision
until the stormwater management system is fully operational.
4400. MUNICIPAL SERVICES.
4410. Electricity and Telephone Service.
Electricity and telephone service shall be provided to each lot. All electrical, telephone, and other utility
wires shall be placed below ground in conduit, unless the Board determines that
such placement is not feasible or is not in the best interests of the
Town.
4420. Fire Protection. Provision
shall be made for fire protection in the subdivision. The applicant shall review plans for fire
protection with the Chief of the Fire Department and reach an agreement as to
the method of providing adequate fire protection. A subdivision plan shall be approved only
upon presentation of evidence to the Board, subject to the approval of the Fire
Chief, that adequate provisions for fire protection have been made. No certificate of occupancy shall be issued
for any dwelling unit in a subdivision until all components of the fire
protection system are fully operational.
4430. Street Lighting. Street
lighting shall be provided for those locations where the Planning Board,
following consultation with the Selectmen and Municipal Light Board, recommends
that the Town maintain lighting.
Facilities shall be provided in accordance with the Municipal Light
Department’s specifications. Street lights shall be remain lit until town
approved. Escrow account may be required for payment of street lights.
4440. Water. Evidence shall be submitted to
satisfy the Board of Health that adequate and potable water supply is available
for each lot in the subdivision installed under roadway from existing road.
4441.
Whenever feasible, the water supply shall be from a public water supply
system. Any subdivision with a lot boundary within 1500’ of existing town water
or sewer services must tie in and extend those services to each lot within the
subdivision under the road. They shall be constructed to the towns Sewer and
Water Departments specifications and shall conform to all inspections.
4442.
Where a connection to the public water system is not feasible, the
Planning Board shall approve a subdivision only upon its determination that the
following provision for fire protection shall be met:
(a) A reliable year-round water supply readily
accessible to the Fire Department shall be provided from natural or constructed
bodies of water, such as ponds, streams or cisterns.
(b) Design, construction and capacity of natural
and constructed bodies of water shall be approved by the Fire Department and
shall comply with National Fire Protection Association (NFPA) standard 1231,
"Water Supplies for Suburban and Rural Fire Fighting."
(c) Cisterns shall have a minimum capacity of
thirty thousand (30,000), gallons available for firefighting as provided for in
NFPA 1231 (ISO requirement, Fire Chief’s Handbook, p. 601).
(d) Cisterns shall be inspected by the Fire
Department during construction.
(e) A dry hydrant installed in conformance with
NFPA 1231 is required. Height of the
suction connection must be approved by the Fire Department.
(f)
Subdivisions in which all houses have residential Sprinklers installed in
conformance with NFPA 13, 13D or 13R shall not require additional fire
protection.
4443. Where a connection to the public water system
is not feasible, the Planning Board shall approve a subdivision only upon its
determination that the well(s) on each lot is likely to be able to provide a
sustained yield of five (5) gallons per minute with water quality meeting DEP's
"Drinking Water Regulations of Massachusetts," as may be amended from
time to time. One (1) test well may be
required of the Applicant per ten (10) potential lots, or the Planning Board's
determination may be based upon the written statement of a hydro-geologist
following his analysis of well records on nearby premises, subsurface
conditions, and potential sources of contamination.
4444. Subdivisions served by the town's water
system shall meet the following specifications:
(a) Hydrants shall be spaced no more than five
hundred feet (500) apart.
(b) Hydrant locations shall be approved by Fire
Department.
(c) Minimum fire flow requirements (gallons per
minute required to control a fire) shall meet National Fire Protection
Association standards and be approved by the Fire Department.
4500. OTHER IMPROVEMENTS.
4510. Sidewalks.
4511. Required Locations. Sidewalks within street right‑of‑ways
shall be provided as follows:
Collector streets: Both sides
Minor streets: One side
Lanes: One side
4512. Width and Alignment. Sidewalk pavement shall be five (5) feet wide
on collector streets, and four (4) feet wide elsewhere. Except at intersections, sidewalks shall be
separated from the travelled way by not less than the required shoulder width. Pavement width may vary to reflect or protect
existing topography, trees, ledge, and other site features.
4513. Other Walkways. Public off‑street walkways, bikeways,
or bridle paths may be required by the Board to provide grounds, parks,
shopping, transportation, open space, or community facilities, or to break up
long blocks, or for any other reason that the Board may determine. No such walkway, bikeway, or bridle path
shall be a part of any lot in the subdivision.
4514. Construction.
Sidewalks shall have a foundation of eight (8) inches or more of
compacted gravel. The surface shall be
cement of 1 1/2 inches thickness, with a proper cross‑slope.
4520. Grass Plots and Slopes.
Embankments outside the shoulders and swales shall be evenly graded and
pitched at a rate not steeper than two to one (2:1) in cut and three to one
(3:1) in fill. The Board may require
such banks and all other disturbed areas adjacent to the traveled way to be
loamed and seeded to grass, or, after consideration of the surrounding
vegetation and terrain, to be blended with such woods or natural surroundings
as exist, with plantings chosen accordingly.
4530. Plantings.
4531. Unpaved areas within the right-of-way which
have been stripped by the construction shall be graded to meet the adjoining
property with a slope of not more than one (1) foot vertical to two (2) feet
horizontal and loamed with at least four (4) inches of good quality
topsoil. These areas shall be thickly
seeded with perennial grasses or other planting materials approved by the
Board.
4532. If the developer finds it necessary to remove
any of the Town's trees, or if the Planning Board so requires, the developer
shall replace any and all such trees at his own expense.
4533. Before removing any tree within the existing
town right-of-way, the Tree Warden shall be consulted and shall mark all trees
that are not to be removed.
4534. Suitable existing trees within the
right-of-way, if larger than four (4) inch caliper and located outside the
shoulders, shall be preserved. Trees to
be retained shall not have grade changed over their root areas more than twelve
(12) inches.
4535. Where suitable trees do not exist at
intervals of less than forty (40) feet on each side of the street, they shall
be provided by the developer.
4536. Trees to be planted shall be well branched,
nursery grown stock at least two and one-half (2.5) inch trunk diameter at four
(4) feet above ground, and be free of injury, harmful insects, and diseases. They shall be long-lived species adapted to
the local environment and approved by the Planning Board.
4537. New plantings shall be guaranteed by the
developer for a period of one year from the date of planting.
4540. Curbing and Berms.
Bituminous concrete berms shall be installed on both sides of all
roadways in conformity with the "typical roadway cross-section,"
appended hereto, except where waived by the Board where open drainage systems
are being relied upon, and except at intersections with state-numbered highways
or collector streets, where sloped granite curbing will be required.
4550. Driveway Entrances. Driveway
entrances shall be constructed so to prevent drainage onto public ways. Driveways at intersections and cul-de-sacs
shall be spaced so as to facilitate snow removal.
4560. Monuments.
4561. Monuments shall be installed at all street
intersections; at all points of change in direction of curvature of the
streets.
4562. Monuments must be granite or reinforced
concrete, measure a minimum of four by four inches by four inches by four feet
(4"x4"x4') and project four (4) inches above finish grade. Reference points are to be drilled in the top
of each monument.
4563. Iron rods shall be installed at each lot
corner along the street and as necessary to locate any easements to be deeded
to the town.
4564. Four major corners of each lot shall be
marked with iron rods. Iron rods shall
be three-quarter (3/4) inch iron rod set to a depth of not less than four (4)
feet below finished grade and to project not more than six (6) inches above
finished grade.
4565. Placement and accurate location of all
monuments shall be certified by a Registered Land Surveyor, and indicated on
the as built plan.
4570. Signs.
4571.
Street
Signs. As soon as a street is paved,
street signs conforming to those placed by the Town shall be erected at each
end of the through way and intersections.
The word "Private" shall be lettered on a separate sign placed
under the street sign. This separate
sign shall be removed when the street is accepted by the Town, and replaced by
a sign that says, "Not a Through Way" if it is a cul-de-sac
4572. Advertising Signs
(a) No advertising signs shall be erected that
may prevent the clear view of motorists at intersections.
(b)
All signs
shall conform to the Zoning By-Law of the Town.
4600. MAINTENANCE AND CLEAN‑UP.
4610. General. The entire area of the
subdivision must be cleaned up so as to leave a neat and orderly appearance
free from debris and other objectionable materials, leaving no unfilled holes,
and leaving no other artificially created hazards. A bond may be required to secure performance
of this regulation.
4620. Right of Way. The
entire area within the right-of-way shall be properly maintained by the developer
until accepted by the Town. Immediately
prior to such acceptance, all catch basins shall be cleaned. Snow removal and sanding of the streets shall
be the responsibility of the developer until such acceptance. An escrow account or maintenance bond may be
required to secure performance of this regulation.
4700. EASEMENTS.
4710. Fire Ponds and Utilities. Easements
for fire ponds and utilities across lots or centered on rear or side lines
shall be provided, and shall be at least twenty (20) feet wide.
4720. Storm Water Easement. Where a
subdivision is traversed by a water course, drainage way, stream, or channel,
the Board may require that a storm water easement or drainage right‑of‑way
be provided of adequate width to provide for free flow of water in its natural
course, for construction, or for other necessary
purposes.
4800. FLOOD PLAIN.
In a flood plain, all
public utilities and facilities such as gas, electrical, and water systems
shall be located and constructed to minimize or eliminate flood damage.
4900. PRIVATE DRIVEWAYS.
4910. Topping. All driveways extending from
the completed road surface to the lot lines must have a topping of at least
three (3) inches of bituminous concrete.
All driveway slopes must end at the street right-of-way, then continue
forward to the completed road surface in the same grade as the sidewalk strip
and/or shoulder in order to allow proper drainage of surface water.
4920. Curb Cuts. Curb cuts for driveways shall
be at least ten (10) feet wide and shall have a three (3) foot radius flare at
the pavement, except in Non-Residential Subdivisions where they shall be at
least twenty-four (24) feet wide and have a thirty (30) foot radius or meet the
requirements of Section XI of "The Massachusetts Amendments to the Manual
on Uniform Traffic control Devices and the Standard Municipal Traffic
Code," dated January, 1987.
4900A. NON-RESIDENTIAL SUBDIVISIONS.
4910A. General. Any street servicing land in a
nonresidential zoning district as defined by the Zoning By-Law shall be
designed as a collector street.
4920A. Requirements. The
requirements herein shall be modified as follows: roadway construction shall
provide for twenty-four (24) inch gravel foundation, base course of four (4)
inch Asphalt Institute Type IV mix, and one (1) inch Class I-1 bituminous
concrete finish course, except that this requirement may be reduced where an
alternative system is demonstrated to be adequate for anticipated traffic,
using the methods specified by the Asphalt Institute Manual Series NO. 1 (MS-1)
"Thickness Design."
4930A. Storm Drainage. Storm
drainage shall be designed on the basis of at least eighty percent (80%)
impervious coverage on all lots, and lawns rather than natural vegetation in
buffers and other remaining areas, unless there are land use restrictions
enforceable by the Town, assuring some lower level of impervious coverage and
natural vegetation.
SECTION 5000. ADMINISTRATION.
5100. INSPECTION.
For the protection of the town and future residents of the
subdivision, a series of inspections during the course of
construction are required to ensure compliance with the approved
Definitive Plan and these Rules.
5110. Inspection Requests. Inspections shall be requested by the sub-divider at least four (4) full working days in advance by written notice to the Board and its duly authorized representative.
5120. Inspections Required. The sub-divider shall contact the Planning Board and its duly authorized representative for inspections regarding the following aspects of the subdivision, at the specified times:
5121. Roadbeds: following excavation of the roadbed, but prior to any backfilling.
5122. Drainage system: following installation of drain pipe, culverts, catch basins, and all related construction, but prior to any backfilling.
5123. Underground utilities: following laying of electric, telephone, and fire alarm cable in roadway and to individual dwellings, but prior to any backfilling.
5124. Finished gravel foundation: following application, grading, and compaction of gravel foundation.
5125. Pavement: notice shall be given so that inspection may be conducted during and upon completion of paving.
5126. Final inspection: following completion of roadways, permanent bench marks, curbing, berming, walkways, grading, seeding, and cleanup.
5130. Backfilling. No water main, storm drain, catch basin, utility installation, road sub‑grade or foundation, or any other item of work designated for inspection, shall be backfilled or paved over until inspected and approved by the Board or its duly authorized representative.
5200. REFERENCE.
For matters not covered by these Rules, reference is made to G.L. c.41, ss. 81K ‑ 81GG, inclusive, as amended.
5300. SEPARABILITY.
If any section, paragraph, sentence, clause, or provision of
these Rules shall be adjudged invalid, the adjudication shall apply only to the material so adjudged, and the remainder of these shall be deemed to remain valid and effective.
5400. AMENDMENTS.
These Rules or any portion thereof may be amended, supplemented, or repealed from time to time by the Board, after a
public hearing, on its own motion or by petition.