Town of Middleton, MA
Essex County
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[HISTORY: Adopted by the Planning Board of the Town of Middleton 3-25-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 114.
Earth removal — See Ch. 130.
Zoning — See Ch. 235.
Special permits — See Ch. 245.
Board of Appeals — See Ch. 260.
Wastewater disposal — See Ch. 339.
Water supply systems — See Ch. 343.
250a Appendix 250b Typical diagrams 250c Wheelchair 1 250d Wheelchair 2 250e Forms

§ 250-1 General provisions.

A. 
Authority. Under the authority vested in the Planning Board of the Town of Middleton by MGL c. 41, § 81Q, said Board hereby adopts these amended "Rules and Regulations Governing the Subdivision of Land in the Town of Middleton, Massachusetts."
B. 
Purpose. These rules and regulations have been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the Town of Middleton, 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 the Subdivision Control Law[1] 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 ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, panic and other emergencies; for ensuring compliance with the applicable provisions of the Zoning Bylaws; for securing adequate provisions of water, sewerage, drainage, underground utility services, fire, police, and other similar municipal equipment and streetlighting 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 Middleton and with the ways in neighboring subdivisions. It is the intent of the Subdivision Control Law that any subdivision plan filed with the Planning Board shall receive the approval of the Planning Board if said plan conforms to the recommendation of the Board of Health and to the rules and regulations of the Planning Board pertaining to the subdivision of land; provided, however, that the Planning Board may, when appropriate, waive, as provided for in § 250-15B, such portions of the rules and regulations as is deemed advisable.
[1]:
Editor's Note: See MGL c. 41, §§ 81K to 81GG.
C. 
Planning Board procedures.
(1) 
Regular meetings of the Planning Board are held on the dates and times as posted with the Town Clerk. Except for sessions as provided for in MGL c. 39, § 23A, as amended, meetings of the Planning Board shall be open to the public to attend.
(2) 
Anyone wishing to meet with the Board shall do so by appointment. To secure an appointment, all applicants shall notify the Clerk of the Board in writing by at least the Thursday before a regularly scheduled meeting. In such notice, the applicant shall state his name, address and a brief outline of the nature of the business to be discussed with the Board. The same procedure is recommended for applicants desiring to submit plans in accordance with the provisions of §§ 250-3B and 250-4A of these rules and regulations. Any person attending an advertised public hearing may address the Board at the pleasure of the Chairman without prior notice, and in doing so shall state his name, address and person representing, if any.
(3) 
All other actions of the Board shall require a majority vote of all the members. In the event of there being less than a quorum present at any scheduled meeting, the Chairman shall reschedule a meeting as soon as practical thereafter.
(4) 
All meetings of the Board shall be conducted formally under the direction of the Chairman. In the absence of the Chairman, a vote of the Board shall appoint an acting Chairman. A majority of the members of the Board shall constitute a quorum, but less than a majority may vote to adjourn, subject to the meeting being rescheduled as provided above.

§ 250-2 Definitions.

As used in these rules and regulations, the following terms shall have the meanings indicated:
APPLICANT
The owner or his agent or representative or his assignee submitting a plan for approval under these rules and regulations.
BOARD
The Planning Board of the Town of Middleton.
FRONTAGE
The horizontal distance between the side boundaries of a lot, measured along the exterior line of the way or street serving as legal access to the lot.
LOT
An area of land in single ownership, with definite boundaries used, or available for use, as the site of one or more buildings.
PERSON
An individual, or two or more individuals, or a group or association of individuals, a partnership, a corporation or any other legal entity having common or undivided interests in a tract of land.
STREET, MAJOR
A street which, in the opinion of the Board, is being used or will be used as a thoroughfare within the Town of Middleton, which will connect communities or which will otherwise carry a heavy volume of traffic.
STREET, MINOR
A street which, in the opinion of the Board, is being used or will be used primarily to provide access to abutting lots and which will not be used for through traffic.
STREET, SECONDARY
A street intersecting one or more minor streets and which, in the opinion of the Board, is used or will be used to carry substantial traffic from such minor street(s) to a major street or community facility, and normally including a shopping center, industrial park, a large subdivision, a group of subdivisions, and any principal circulation street within such developments, or a street which will connect subdivisions.
SUBDIVISION
The division of a tract of land as defined in MGL c. 41, § 81L.
TOWN ENGINEER
The Superintendent of the Division of Public Works for the Town of Middleton, his representative or a person appointed by the Board of Selectmen to that position serving for the Planning Board.
ZONING BYLAWS and ZONING MAP
The Zoning Bylaws and Zoning Map of the Town of Middleton, as amended.[1]
[1]:
Editor's Note: See Ch. 235, Zoning.

§ 250-3 Applicability.

A. 
Approval of definitive plan a condition of undertaking subdivision.
(1) 
No person shall make a subdivision of any land in the Town of Middleton unless he has first submitted to the Board for its approval a plan of such proposed subdivision, showing the lots into which such land is to be divided and ways already existing or which are to be provided by him for furnishing access to such lots, and the Board has approved such plan in the manner hereinafter provided. After the approval of a plan the location and width of ways shown thereon shall not be changed unless the plan is amended, but the number, shape and size of the lots shown on a plan so approved may, from time to time, be changed without action by the Board, provided that every lot so changed still has frontage on a public way or way shown on a plan approved in accordance with the Subdivision Control Law of at least such distance and other requirements of the Zoning Bylaws required for the erection of a building on such lot.
(2) 
No person shall proceed with improvements, or the sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been approved by the Board as hereinafter provided.
B. 
Plan believed not to require approval.
(1) 
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 believes that his plan does not require approval under the Subdivision Control Law may submit his plan, original, drawn on polyester film sepia, five copies, and an application fee of $50 with his application Form A,[1] in duplicate, to the Board, accompanied with the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission to the Board and a copy of said application.
[1]:
Editor's Note: Form A is included at the end of this chapter.
(2) 
If the Board determines that said plan does not require such approval, it shall, without a public hearing, endorse forthwith on the plans the words "Planning Board Approval under Subdivision Control Law Not Required." Such action shall not be construed to indicate compliance with the provisions of the Zoning Bylaws. Said plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action.
(3) 
If the Board determines that the plan does require approval under the Subdivision Control Law, it shall give written notice of its determination stating its reason(s) to the Town Clerk and the applicant within 14 days and return the applicant's plan. If the Board fails to act upon a plan filed under this Subsection B within 14 days after its submission, it shall be deemed to have been determined that approval under the Subdivision Control Law is not required.
(4) 
Any person may submit his plan for approval as provided by law and the rules and regulations of the Board or he may appeal the determination of the Board in the manner provided in § 250-15A and MGL c. 41, § 81BB.

§ 250-4 Application procedure.

All applicants are urged to have their plans reviewed by the Board's designee prior to submitting them to the Board.
A. 
Submission requirements.
(1) 
Preliminary plan. A preliminary plan is strongly recommended, but not required, in order for all municipal departments and abutters to discuss and clarify any questions or problems created by such subdivision before a definitive plan is prepared.
(a) 
A preliminary plan may be submitted to the Board at a regularly scheduled meeting with a completed Form B (see Appendix)[1] and five copies of the plan. The date of this meeting shall be the submission date.
[1]:
Editor's Note: Form B is included at the end of this chapter.
(b) 
A preliminary plan may be submitted to the Board by delivery or registered mail to the Board care of the Town Clerk a completed Form B (see Appendix) and five copies of the plan. The date of mailing or delivery will be the date of submission.
(c) 
The applicant shall, in any event, file a copy of Form B with the Town Clerk.
(2) 
Definitive plan. A definitive plan as required under § 250-3A of these rules and regulations shall be submitted to the Board for approval.
(a) 
A definitive plan may be submitted to the Board at a regularly scheduled meeting with a completed Form C (see Appendix)[2] and five copies of the plan. The date of this meeting shall be the submission date.
[2]:
Editor's Note: Form C is included at the end of this chapter.
(b) 
A definitive plan may be submitted to the Board by delivery or registered mail to the Board care of the Town Clerk a completed Form C (see Appendix) and five copies of the plan. The date of mailing or delivery will be the date of submission.
(c) 
The applicant shall, in any event, file a copy of Form C with the Town Clerk.
(d) 
A definitive plan which is submitted to the Board must be accompanied by the following fees:
[1] 
Filing fee, nonrefundable: a filing fee of $200 per lot shown on the plan.
[2] 
Roadway fee, refundable: a bond or certified check or bank check in the amount of $5 per linear foot of roadway, but not less than $1,000. This fee will be returned to the applicant within one year from the final completion date of the subdivision.
[3] 
As-built drawings fee, refundable: a bond or certified check or bank check in an amount of $1,000 per sheet of the definitive plan for the preparation of as-built drawings. This amount shall not be less than $3,000. This fee shall be returned to the applicant within one year from the final completion date and submission of the as-built drawings.
[4] 
Monument fee, refundable: a bond or certified check or bank check in the amount of $200 per granite bound as required. This fee shall be returned to the applicant within one year from the final completion date and upon installation of the bounds.
(e) 
A definitive plan shall not be considered submitted unless all of the provisions of § 250-8 are met.
B. 
Review process.
(1) 
Preliminary plan. The applicant may make a general presentation of his preliminary plan on the submission date. This presentation should be general in nature but also point out any unusual characteristics of the proposed subdivision. Detailed discussion of this plan will take place at a regularly scheduled meeting of the Board. At this time, the municipal departments and the Board will have reviewed the plan and visit and inspect the property of the proposed subdivision as provided for in MGL c. 41, § 81CC, as amended.
(2) 
Definitive plan. The applicant may make a general presentation of his definitive plan on the submission date. This presentation should be general in nature and shall include a discussion of the environmental impact and evaluation statement. The Board shall schedule a public hearing on such definitive plan as soon as possible after the submission date.
C. 
Public hearings. Before action is taken on a definitive plan, a public hearing shall be held by the Board. Notice of such hearing shall be given by the Board in each of two successive weeks by advertisement in a newspaper of general circulation in the Town of Middleton, the first notice being not less than 14 days before such hearing or in accordance with MGL c. 41, § 81T, as amended. The Board shall notify the abutters (as provided by the applicant in his submission) to the proposed subdivision by certified mail.
D. 
Action by the Board.
(1) 
The Board may approve, disapprove or approve with modifications such preliminary or definitive plan. The Board shall take such action on a preliminary plan within 45 days after the submission date unless such time for action has been extended by the applicant and the Board. The Board shall take action on a definitive plan within 90 days after the submission date unless such time for action has been extended by the applicant and the Board. In cases where a preliminary plan was not submitted the Board shall take action within 135 days unless such time for action has been extended by the applicant and the Board. In the case of disapproval, the Board shall notify the applicant of the specific reason(s) for which the plan was disapproved.
(2) 
The rules and regulations governing the subdivision of land in effect at the time of submission of such preliminary plan shall govern a definitive plan evolved from such preliminary plan, provided that such definitive plan is submitted within seven months of the submission of the preliminary plan.
(3) 
The approval of a preliminary plan does not constitute approval of the layout submitted on the preliminary plan, but the preliminary plan shall serve as a guide to the applicant's preparation of a definitive plan which must be submitted as required under § 250-3A.
(4) 
Notice of the Board's action must be given to the applicant and Town Clerk within the time specified unless such time has been extended by the applicant and the Board. The Town Clerk must be notified of any such extension(s). Failure of the Board to act within the time specified shall be considered as approval of such preliminary or definitive plan as the case may be.

§ 250-5 Approval not required plan.

Subject plans submitted to the Board shall be of minimum dimensions of 9 1/2 inches by 14 inches or a maximum size not to exceed 24 inches by 36 inches, shall be drawn on polyester film sepia and shall contain the following information:
A. 
Identification of the plan by name of owner of record and location of the land in question, cross-referenced to the Assessors' Map number and parcel number.
B. 
The statement "Approval Under Subdivision Control Law Not Required" and shall provide sufficient space for the date and signatures of a majority of the Board.
C. 
Zoning classifications and location of any zoning district boundaries that may lie within the locus of the plan.
D. 
In the case of the creation of a new lot plan, the remaining contiguous land area and frontage of the land in the ownership of the applicant shall be shown.
E. 
Notice of any decision of the Zoning Board of Appeals, including but not limited to variances and exceptions regarding the land or any building(s) thereon.
F. 
Abutters from the latest Assessors' records unless the applicant has knowledge of any changes subsequent to the latest available Assessors' records.
G. 
The distance to the nearest road or to other permanent monument.
H. 
Location of all existing buildings, including setback and side and rear dimensions.
I. 
A locus plan of sufficient scale to clearly indicate the location of the property.
J. 
The scale, date and the name, stamp and signature of the registered land surveyor who prepared the plan.
K. 
The lot being subdivided must show bearing and distance of property lines. Curved lines shall have length of arc, radius and central angle shown.
L. 
Areas of all parcels being subdivided must be shown.
M. 
The status of the roadway on which the lots have frontage must be shown (i.e., public, county).
N. 
Edges of existing traveled way and construction must be shown to determine the adequacy of the way.
O. 
North arrow shall be indicated on the plan with magnetic or true designation.
P. 
Indication of floodplain, if any, shall be shown on the plan.
Q. 
Statement that the plan conforms to the rules and regulations of the Registry of Deeds must be noted on the plan.
R. 
Space on the plan must be provided for Registry of Deeds action.
S. 
Recorded easements, if any, must be shown on the plan with all lines dimensioned as outlined in Subsection K above.

§ 250-6 General requirements.

A. 
Basic requirement. A subdivider shall observe all design standards for land subdivision as hereinafter provided. These standards shall be considered minimum standards and shall be varied from or waived as provided for in § 250-15.
B. 
Conformance with Master Plan. Any proposed subdivision should conform as far as practicable to the proposals and intentions of the Middleton Master Plan as adopted in whole or in part by the Planning Board unless substitute proposals may be shown to the satisfaction of the Board to better serve the general area of the subdivision and the Town.
C. 
Compliance with zoning. The proposed plan shall be in compliance with the existing Zoning Bylaws, as amended, particularly relating to shape, area, width and frontage within a subdivision, before the Board will grant approval.
D. 
Access through another municipality. In case access to a subdivision crosses land in another municipality, the Board may require certification, from appropriate authorities, that such access is in accordance with the Master Plan and subdivision requirements of such municipality and that a legally adequate performance bond has been duly posted to insure that adequate provision has been made to handle prospective traffic.
E. 
Reserve strips. Reserve strips prohibiting access to streets or adjoining property shall not be permitted except where, in the opinion of the Board, such strips shall be in the public interest.
F. 
Further subdivision. In the event that a tract of land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the logical and economic extension of streets, utility easements, drainageways and public areas into such parcels.
G. 
Resubdivision. The resubdivision of all or part of land covered by an existing plan shall show clearly that area or areas which are being replatted and shall show the file number of all previous plans of these same areas with dates of filing. All areas last subdivided more than seven years previous to the date of the application shall be subdivided in accordance with the Zoning Bylaws in effect.
H. 
Sediment control plan. In order to reduce the amount of topsoil erosion that occurs when land is disturbed during development and to reduce the resultant pollution of streams, natural drainageways and other watercourses, the Planning Board may require a developer to submit a sediment control plan. Such a plan would describe sediment control methods, including berms, dikes, detention ponds, mulching and temporary sodding, to be used depending on the size of the development, topography, soils type and the amount of soil area to be disturbed, insofar as the construction of ways and municipal services is concerned.
I. 
Number of dwellings per lot. Not more than one building designed or available for use as a dwelling unit shall be erected or placed or converted to such use on any lot in a subdivision or anywhere else in Town without the consent of the Board unless allowed by the Zoning Bylaws. Such consent may be conditioned upon providing adequate ways and furnishing access to each site for such building in the same manner as otherwise required for lots in a subdivision.

§ 250-7 Preliminary plan.

A. 
Contents of preliminary plan.
(1) 
A preliminary plan, which may be drawn in pencil, shall be at one inch equals 100 feet or larger scale. It shall include the following information:
(a) 
The subdivision name, boundaries, magnetic North point, date, scale, legend and title "Preliminary Plan."
(b) 
The name(s) of the owner of record and the applicant, the stamp and signature of a registered land surveyor, if surveying information is shown, and the stamp and signature of a registered professional engineer, if the plan shows the design of road pavements, water pipes, sewerage or other utilities.
(c) 
The names of all abutters, as determined from the most recent tax list.
(d) 
The existing and proposed lines of streets, ways, easements, and any public areas within the subdivision in a general manner.
(e) 
The proposed system of drainage and utilities, including adjacent existing natural waterways, showing the approximate locations of all inlets, outlets, pipes and drains and other appurtenances to the proposed drainage system.
(f) 
The approximate boundary lines of all proposed lots, with the approximate areas and dimensions, within the subdivision.
(g) 
The names, approximate location, area and dimensions of existing nearby streets and ways.
(h) 
A topography plan of the subdivision with five-foot contour intervals and including a clear and accurate disclosure of the grades of the existing terrain adjacent to the subdivision.
(2) 
The applicant shall also submit a plan showing the location of the proposed subdivision drawn to scale as an insert on the plan he submits.
(3) 
It is also recommended that the following be shown on a preliminary plan:
(a) 
The approximate boundary lines of all existing lots within the subdivision and those abutting the tract, with approximate areas and dimensions.
(b) 
The names, approximate location, area and dimensions of existing nearby easements and public areas.
(c) 
The proposed locations and depths of other municipal services and utility installations where possible.
(d) 
Existing outstanding features such as swamps, ledge outcrops, ponds, watercourses, existing easements, walls, fences, etc.
(e) 
The location of the bench mark based on National Geodetic Vertical Datum (NGVD).
(f) 
The identification of changes in zoning districts within the boundaries of the proposed subdivision.
B. 
Approval of preliminary plan. After a preliminary plan has been reviewed as provided for under § 250-4B(1), the Board will take action as prescribed under § 250-4D, namely to approve, disapprove or approve with modifications such preliminary plan. The applicant is reminded that approval does not constitute approval of the subdivision.

§ 250-8 Definitive plan.

A. 
Contents of definitive plan.
(1) 
The approval of a definitive plan is a condition of undertaking the subdivision of land as provided in § 250-3A. Such definitive plan shall be clearly and legibly drawn to a scale of one inch equals 40 feet. The plan shall be drawn in india ink (or an ink with equivalent cohesiveness) on polyester film sepia, single matte with a thickness of four mils and must have an opacity so as to allow consistent diazo and microfilm reproduction. The minimum letter size on plans presented for recording shall be 1/8 inch.
(2) 
Drafting standards shall include the following: dimensions shall be in feet and decimals to the nearest hundredth; bearings shall be in degrees, minutes and seconds; the boundary of the subdivision shall be indicated in a solid heavy line, existing topography in dashed lines and proposed topography in solid lines; and if multiple sheets are being used, they shall be accompanied by an index sheet properly orientated and a title block on each sheet properly labeled and provide space for revision dates. The plan shall be drawn to a scale of one inch equals 40 feet.
(3) 
Definitive plans shall contain the following information:
(a) 
The subdivision name, boundaries, magnetic North point, date of submission, legend and scales on each sheet; suitable space to record the action of the Board and Board of Health; suitable space for the Town Clerk's certification; reference to any covenant to be recorded with the plan; and a plan at a scale of one inch equals 800 feet showing the location of the proposed subdivision as an insert on the plan.
(b) 
The name and address of the owner of record, the name and address of the applicant, the stamp and signature of a registered land surveyor and the stamp and signature of a registered professional engineer.
(c) 
The existing and proposed lines of streets, ways, lots, easements, waterways and public or common areas within the proposed subdivision. (The proposed street names shall be shown in pencil until they have been submitted by the applicant and approved by the Board of Selectmen. This must be done before final approval can be granted.) The purpose of easements shall be indicated.
(d) 
A sketch on each lot indicating that a structure can be erected in accordance with the requirements of the Zoning Bylaws.
(e) 
The location of all permanent bounds properly identified as to whether existing or proposed. All bench marks shall be tied to and employ the National Geodetic Vertical Datum (NGVD) system.
(f) 
The locations, names and present widths of streets bounding, approaching or within reasonable proximity of the subdivision.
(g) 
Existing and proposed topography at two-foot contour intervals.
(h) 
The length, radii, bearing and central angles to determine the exact location, direction and length of every street and way line, lot line and boundary line.
(i) 
The zoning classification(s), including floodplain zones of the area as indicated on the Flood Insurance Rate Map (FIRM), as amended, and referred to in § 235-29 of the Zoning Bylaws.
(j) 
Any watercourses, marshes, ledge outcrops, walls, fences, and other significant natural features.
(k) 
The size and location of existing and proposed storm drainage, sanitary sewerage and water supply systems.
(l) 
The soil conditions in a specific manner describing:
[1] 
The profile of soils showing seasonal high-water table.
[2] 
The adequacy of soils for the construction of roads.
(m) 
The storm drainage system, including invert and rim elevations of all catch basins and manholes, together with surface elevations of all waterways within the subdivision at one-hundred-foot intervals and the approximate depth of water at these points. Surface elevations and approximate depth of water shall be shown at each point where a drainage pipe ends at a waterway.
(n) 
The location of all of the following improvements unless specifically waived as provided for in § 250-15B: street paving, sidewalks, street signs, streetlights, all utilities, above and below ground, curbs, gutters, street trees, storm drainage, public sewerage, if appropriate, all easements and fire alarm boxes.
(o) 
The profiles of proposed streets indicating the following information:
[1] 
A horizontal scale of one inch equals 40 feet.
[2] 
A vertical scale of one inch equals four feet.
[3] 
Existing center line in fine dashed line with elevations shown every 50 feet.
[4] 
Proposed center-line grades and elevations, with elevations shown every 50 feet, except that in vertical curves elevations shall be shown at twenty-five-foot stations.
[5] 
All elevations and bench marks shall refer to the National Geodetic Vertical Datum (NGVD).
[6] 
Rates of gradient shall be shown.
[7] 
Size and location of existing and proposed water mains and their appurtenances and surface drains and their appurtenances.
[8] 
Profiles shall show vertical location of drainage lines and other utilities as well as required new waterways. Sizes of all pipes shall be shown as well as inverts of all pipes at each manhole or catch basin, together with the invert elevations and rim elevation of each manhole or proposed drainage line within the subdivision or roadways.
(p) 
The cross section of typical sewer manhole and drainage manhole.
(q) 
The computations used in designing the storm drainage system.
(r) 
Any special construction details or detailed drawings or other pertinent information which the Board may request as is necessary to evaluate the feasibility of the proposed design of the subdivision.
(s) 
A certification clause signed by the preparer stating that he/she has conformed to the rules and regulations of the Registry of Deeds in preparing the plan.
B. 
Environmental impact and evaluation statement.
(1) 
The applicant shall submit with his definitive plan an environmental impact statement, prepared by a registered professional engineer, the purpose of which is to enable officials of the Town to determine the methods which are to be used by the applicant to promote the environmental health of the community and to minimize adverse effects on the natural resources of the Town.
(2) 
The statement should include specific references to the appropriate plans and maps. The statement should be a technical document with references for all comments whenever possible.
(3) 
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 flow and quality of surface waters; the preservation or promotion of wildlife refuges, 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.
(4) 
The Board may waive any section or sections of the statement which it deems inapplicable to the proposed subdivision. The applicant should discuss the requirements with the Board prior to the preparation of the statement.
(5) 
The statement shall include the following:
(a) 
Physical environment.
[1] 
A description of the general physical conditions of the site, including amount and varieties of vegetation, general topography, unusual geologic, scenic and historic features, trails and open space links and indigenous wildlife.
[2] 
A description of how the subdivision will affect these features.
[3] 
A complete physical description of the subdivision and its relationship to the surrounding area.
[4] 
A description of the method to be used during construction to control erosion and sedimentation and shall include, but not be limited to, the use of sediment basins and the type of mulching, matting or temporary vegetation; a description of the approximate size and location of land to be cleared at any given time and the length of time and exposure; and other control methods used.
(b) 
Human environment.
[1] 
A tabulation of proposed buildings by type, size (number of bedrooms, floor area), and ground coverage and a summary showing the percentage of tract to be occupied by buildings, parking and other paved vehicular areas and usable open space.
[2] 
A description of the type of construction and building materials to be used, if known.
[3] 
A description of the estimated traffic flow at peak periods and the proposed circulation pattern.

§ 250-9 Requirements for definitive plan approval.

A. 
Suitability of land.
(1) 
No definitive plan of a subdivision of land shall be approved unless, after investigation and consultation with the Board of Health, the Board determines that the land can be used without danger to the public health.
(2) 
The Board of Health shall report to the Board, in writing, its approval or disapproval of said plan within 45 days after the submission date. In cases of disapproval, the Board of Health shall make specific findings and the reasons for them and, where possible, make recommendations for adjustments. Failure of the Board of Health to make such a report shall be deemed approval by the Board of Health and shall be so noted on the plan. When the definitive plan shows that no municipal sewer is to be installed to serve any lot, approval of the Board of Health shall not be treated as nor deemed to be approval to construct an individual sewerage system on any lot.
(3) 
The following minimum requirements shall be met in compliance with the National Flood Insurance Program:
(a) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage; and
(b) 
Base flood elevation (the level of the one-hundred-year flood) data shall be provided for proposals greater than 50 lots or five acres, whichever is the lesser, for that portion within the Floodplain District.
(4) 
Where any portion of a proposed subdivision lies within a wetland area, the Board may request the Conservation Commission to make a written report to the Board prior to disposition of the plan.
B. 
Suitability of design of system of ways. The Superintendent of Public Works shall advise the Board as to the adequacy of the proposed streets within the proposed subdivision. No definitive plan shall be approved unless the ways and streets shown on the plan comply with the following requirements, and they shall be constructed in accordance with the standards specified in the Appendix.[1]
(1) 
Location and alignment.
(a) 
The street system shall conform to the approved preliminary plan, if any.
(b) 
All streets in the subdivision shall be designed to provide safe vehicular travel. Consideration shall be given to the attractiveness of the layout in order to obtain the maximum livability and amenity of the subdivision.
(c) 
All streets which are part of the main highway system of the subdivision shall, as far as possible, be contiguous with existing links in the existing Town system and shall provide a convenient system, with connections adequate to ensure free circulation of vehicular travel.
(d) 
Connections with incomplete extensions of adjacent ways shall be accomplished. When adjoining property is not subdivided, temporary dead-end streets shall be laid out to the perimeter of the subdivision to permit future projection and shall conform to the provisions for alignment, width and grade that would be applicable to such streets if extended. Such dead-end streets shall be provided with a turnaround.
(e) 
Cul-de-sac streets shall not exceed 500 feet in length and shall be provided with a turnaround which shall have a property line diameter of 120 feet.
(f) 
The minimum center-line radii of streets shall be 100 feet. Adequate sight distance shall be provided for all streets and intersections.
(g) 
No street shall intersect any other street at less than a sixty-degree angle.
(h) 
Streets entering opposite sides of another street shall be laid out either directly opposite each other or with a minimum offset of 250 feet between their center lines for major and secondary streets and no less than 125 feet between their center lines for minor streets. Intersections of major and secondary streets with existing major streets will not normally be allowed at intervals of less than 400 feet. Subdivisions of more than 25 lots will be required to have more than one access to an existing secondary street or to a proposed secondary street which is to be built in conjunction with the proposed subdivision.
(i) 
The sight distance at the intersection of all streets shall be 300 feet in either direction measured from the side lines of the intersecting streets.
(2) 
Width.
(a) 
Major streets shall have a minimum right-of-way of 60 feet.
(b) 
Secondary streets shall have a minimum right-of-way of 50 feet.
(c) 
Minor streets shall have a minimum right-of-way of 40 feet.
(d) 
Property lines at all right-of-way intersections shall be cut back to provide for a curb radius on the roadway of not less than 25 feet, except where the angle of intersection varies more than 10° from a right angle, in which case the radius of the curve connecting the acute angle may be less and the opposite radius must be correspondingly greater.
(3) 
Grades.
(a) 
The minimum grade for all streets shall not be less than 1%.
(b) 
The maximum grade at all intersections shall be 2% desirable, but shall not exceed 3% for a distance of 64 feet from the beginning of intersection.
(c) 
The maximum grade for major streets shall not be more than 6%.
(d) 
The maximum grade for secondary streets shall not be more than 9%.
(e) 
The maximum grade for minor streets shall not be more than 9%.
(4) 
All street names shall be approved by the Board of Selectmen prior to the Board granting approval of a definitive plan.
(5) 
Driveways.
(a) 
Driveway cuts and streets shall not intersect within 55 feet of each other. This distance shall be measured from the side lines.
(b) 
Each lot shall be served by its own driveway and shall not be shared with any other lot. The driveway cut for each lot must be on the frontage of that lot.
(6) 
Sidewalks. A bituminous sidewalk shall be constructed on both sides of all streets within a subdivision in accordance with the standards in the Appendix. At each intersection a wheelchair ramp shall be constructed which must be approved by the Building Commissioner.
(7) 
Easements.
(a) 
All easements shall have a minimum width of 30 feet and the limit located by bearing and dimension, with the exception of watercourses.
(b) 
Streams and watercourses shall be provided with a drainage easement conforming substantially to the line of its course, but not less than 30 feet in width. Parallel streets or pedestrianways and/or appropriate access may be required in connection therewith. The relocation of streams or watercourses into open channels or covered culverts shall be kept to a minimum. Any stream diversion or relocation shall be done in accordance with the Massachusetts Wetlands Protection Act,[2] and the applicant shall be required to obtain approval of the Middleton Conservation Commission.
[2]:
Editor's Note: See MGL c. 131, §§ 40 and 40A.
(c) 
Utility easements shall generally follow the rear or side lot lines.
(d) 
Sight distance easements shall be required at all intersections and conform to § 235-32J of the Middleton Zoning Bylaws, the purpose of which is to eliminate the installation of solid fences and shrubbery or any obstruction which would impair the sight distance.
[1]:
Editor's Note: The Construction Standards are included at the end of this chapter.
C. 
Suitability of design of surface water drainage system. A definitive plan of a subdivision shall include a detailed system designed to adequately dispose of surface water and to provide for minimum of subsequent maintenance. The design shall be governed by the following requirements and shall be constructed in accordance with the standards in the Appendix.[3]
(1) 
Content. A drainage plan prepared by a registered professional engineer and showing existing and proposed streets, lots, five-foot contours and other pertinent data; the drainage limits and acreage of the area tributary to each stormwater inlet and culvert; location and type of inlets proposed; and location, size, length, invert elevations and slope of proposed drains and culverts. Structural details of inlets, manholes, pipes, headwalls and all other drainage structures required to complete the plan shall be attached and meet the Commonwealth of Massachusetts standards.
(2) 
Drainage design and criteria.
(a) 
The basis for design of drainage systems shall be by the rational method. The hypothetical rainfall for the design and analysis of storm drainage structures shall be as follows: ten-year storm for roadway structures; twenty-five-year storm for all culverts and open channel flow; and one-hundred-year storm for drainage systems for which ponding or storage basins are designed or encountered. The above rainfall frequency curves will be in accordance with the United States Technical Paper 40 or most recent publication from the United States Weather Bureau.
(b) 
The Commonwealth of Massachusetts standard catch basin will be used and assumed, for design purposes, to receive a maximum of 1.5 cubic feet per second with the required granite curb inlet.
(c) 
Runoff quantities shall be determined by the Rational Formula under conditions of full development or other methods, if approved by the Superintendent of Public Works.
(d) 
Velocities in storm drains shall not be less than 2.5 feet per second and no greater than eight feet per second.
(e) 
Street drainage pipes shall be a minimum of 12 inches in diameter. Culverts shall be a minimum of 18 inches in diameter.
(f) 
Storm drain capacities shall be calculated by the Manning Formula. Recommended "n" values are as follows:
Surface "n"
Reinforced concrete pipe 0.015
Natural channels, clean, straight, no pools 0.030
Natural channels, with weeds and stones 0.035
Natural channels, winding, pools and shallows, weeds and stones 0.045
Natural channels, sluggish, weedy, with deep pools 0.065
Natural channels, very weedy and sluggish 0.112
Man-made channels, smooth earth 0.018
Man-made channels, firm gravel 0.020
(g) 
Catch basins shall be installed at all intersections, including those with existing streets, at all low profiles, at a maximum spacing of 300 feet from other catch basins or from roadway crests. Manholes shall be provided at points of change in grade, change in direction, change in size of pipe or at points of entrance to the system by pipes over four inches in diameter. The maximum spacing of drain manholes shall be 300 feet. All storm drains shall have a headwall or a supported flare pipe section at the entrance and exit sections with an accepted section of riprap.
(h) 
All material and construction methods used shall meet the current Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways, Bridges and Waterways and the Town of Middleton general specifications as amended from time to time.
(i) 
Drainage pipe shall be reinforced concrete or equivalent strength of properly engineered sizes and strength as approved by the Superintendent of Public Works and shall have a minimum of three feet cover in paved or other vehicular roads. Where material other than reinforced concrete pipe is to be employed, the applicant shall so state in a note on the plans submitted to the Board for approval.
(3) 
Runoff computation. A stormwater runoff computation for each section of drain culvert which includes the location of the section, the increment and total area tributary to the section, the percentage of impervious surfaces, the runoff per acre, the design runoff and the size, slope, velocity and capacity of the pipe serving the section in tabular form is to be included.
(4) 
Terminations. All surface drainage shall terminate into flowing water or into a riprapped ditch section if on subdivided land or into a ditch section connected to flowing water except when, in the opinion of the Board, such termination is undesirable. Sufficient easements must be procured to comply with the requirement.
(5) 
Pitch. The minimum pitch of all storm or surface water drains shall be 0.5%, and the minimum size of pipe shall be 12 inches in diameter.
(6) 
Certification. A certificate signed by a registered professional engineer shall be submitted, with his seal, which states that the drains, culverts and appurtenances have been constructed in accordance with the drainage plan. The certificate shall be submitted after all drainage facilities have been completed and have been checked and approved by the Engineer. An as-built plan shall be submitted at this time and shall show all drainage structures as finally built. Final approval of the drainage plan by the Board is contingent upon receipt of the certificate and as-built plan.
[3]:
Editor's Note: The Construction Standards are included at the end of this chapter.
D. 
Public open spaces and protection of natural features.
(1) 
The Board may require that an area for open space, parks or playgrounds be set aside within a proposed subdivision. Such areas shall be of reasonable size, but generally not less than 5% of the total area of the proposed subdivision. The minimum area acceptable for this purpose shall be one acre. The Board may by appropriate endorsement on the plan require that no building be erected upon such area for a period of three years without its approval. This area shall be made available for purchase by the Town with just compensation to the owner thereof. Failure of the Town to purchase the land within three years from the date of final approval shall free the owner from this restriction.
(2) 
Any open space, park or playground shall provide at least 50 feet of continuous frontage on a street, and pedestrianways will normally be required to provide access from each of the surrounding streets, if any, to which the open space, park or playground has no frontage. Areas so designated shall be left in an undisturbed condition unless otherwise agreed to by the Board.
(3) 
Due regard shall be shown for all natural features, such as large trees, watercourses, scenic points, historic sites and similar community assets, which, if preserved, will add attractiveness and value to the property.
E. 
Street numbering. Street numbers for all lots within the proposed subdivision shall be assigned by the Building Commissioner.[4]
[4]:
Editor's Note: See also Ch. 114, Buildings, Numbering of.

§ 250-10 Security.

Before endorsement of its approval of a definitive plan, the Board shall require that the construction of ways, the installation of municipal services and other require improvements be secured by one, or in part by one and in part by the other, of the methods described below. Which method may be selected and from time to time varied by the applicant. In any event, the method selected must be approved by the Town Counsel as to form.
A. 
Bond or surety.
(1) 
The applicant shall file a proper bond or a deposit of money or negotiable securities in an amount sufficient to cover the cost of all or any of the improvements required. The amount shall be determined by the Board with the advice of the Superintendent of Public Works. Said bond or surety to be deposited with the Town Treasurer-Collector.
(2) 
Said bond or surety shall be solely in the name of the Town of Middleton.
(3) 
If the Board determines at any time during the construction of the improvements that improvements have been installed in a satisfactory manner in sufficient amount to warrant reduction in the face amount of such surety, or the character and extent of the subdivision require additional improvements, previously waived, or the cost of the improvements has risen substantially and the performance guarantee is no longer sufficient to cover costs, then, in each of the above cases, the Board may modify its requirements for any or all such improvements, and the face value of such surety shall thereupon be reduced or increased by an appropriate amount.
B. 
Covenant.
(1) 
The applicant may request approval of the definitive plan on the condition that a covenant running with the land has been duly executed and recorded and so noted on the plan.
(2) 
Such covenant shall provide that no lot may be sold or built upon until all of the required improvements have been completed and approved. The Board may set a two-year or other appropriate time limit within which all construction must be completed.
(3) 
The Board shall specify that failure to complete specified construction within the applicable time for completion may result in rescission of the plan upon a vote of the Board. The applicant may request a time extension subject to the Board's review and approval.
C. 
Tripartite agreement. The applicant shall deliver to the Board an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the Board and otherwise due the applicant to secure the construction of ways and the installation of municipal services. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work and shall further provide that in the event the work is not completed within the time set forth by the applicant, any funds remaining undisbursed shall be available for completion.
D. 
Reduction of bond or surety or release of covenant.
(1) 
Upon the completion of the ways and the installation of municipal services, the applicant shall so notify the Board and the Town Clerk, by delivery or registered mail, requesting release from such bond or surety or covenant. If the Board determines that such construction and installation have been completed in accordance with the specifications, it shall release such bond or surety or covenant. The Board may require that an amount equal to 10% of the original face value of the bond or surety remain on deposit with the Town Treasurer-Collector for a period of one year from the date of completion. If construction was secured by a covenant, the Board may require that an appropriate amount be deposited with the Town Treasurer-Collector for a period of one year following the release. Said deposit may be a bond or surety.
(2) 
The Board, at its discretion, may condition such request upon the submission of as-built plans.
(3) 
The Board shall act upon such request within 45 days.

§ 250-11 As-built drawings.

A. 
The developer shall provide the Board with one set of as-built drawings drawn on polyester film sepia and at the same scale as the approved plan after the completion of the subdivision or a portion of a subdivision showing the precise location of:
(1) 
The street layout.
(2) 
The pavement, including sidewalks.
(3) 
All easements.
(4) 
Storm drainage system, including all invert elevations.
(5) 
Sewerage system, including all invert elevations.
(6) 
Water system, including all gates and hydrants.
(7) 
All other utilities.
(8) 
All granite bounds.
B. 
The as-built drawings shall bear the stamp and signature of a registered land surveyor.

§ 250-12 Inspection and testing.

A. 
General.
(1) 
All work performed as a consequence of these rules and regulations shall be subject to the review of the Board, which shall approve and accept or disapprove and reject each phase or portion of such work and at completion shall recommend the acceptance of all work or disapproval of the work with reasons therefor. The Board will employ the Superintendent of Public Works to act as its agent in the inspection of the work to ensure compliance with these rules and regulations and to report to the Board his recommendations as to approval or disapproval of the work. Such Superintendent or his designee shall make certain inspections in order to check the adequacy of the work at various stages prior to such work being covered by subsequent work. However, the Board, the Superintendent or such other persons as may be designated shall have the right to inspect the work at any time. Therefore, the applicant shall at all times provide safe and reasonable access to all parts of the work for inspection by the Board or its authorized agents.
(2) 
All work which has been disapproved or is not acceptable to the Board shall be removed and replaced or otherwise corrected to the point of complying with the requirements of the Board for acceptance. Any work which has covered by subsequent work prior to acceptance or is otherwise not available or obscured to the point of rendering inspection of the work difficult shall be considered not acceptable to the Board. Such subsequent work shall be removed as directed by the Superintendent to ensure availability of the work to be inspected as required.
(3) 
The construction of the required improvements shall be inspected by the Superintendent or authorized agent, and unless approval of the work completed, including approval of materials used, to each point has been given in writing, no further work shall be commenced. Such inspections may include the taking of samples for laboratory analysis or testing. In such cases, the applicant shall ensure that the Superintendent is in no way hindered or obstructed in the course of obtaining such samples. Where such samples are removed from the completed work the applicant shall replace or restore such work, to the satisfaction of the Superintendent, to its condition prior to the taking of the sample.
(4) 
The Superintendent may require certified copies of delivery receipts or bills of lading or other certification as to the description of materials used or incorporated in the work.
B. 
Notification of the Superintendent.
(1) 
The Superintendent or his designee will act as the Board's representative and perform the inspections as required and otherwise act as the Board's agent to ensure compliance with these rules and regulations. The applicant shall keep the Superintendent fully informed as to the status and progress of the work and shall notify the Superintendent at least 48 hours in advance that the work has progressed to a stage that an inspection is required.
(2) 
In the event the Superintendent makes an inspection of the work at the time designated and finds that such work is not at the proper state of completion or that the work has been covered or otherwise obscured, the Superintendent shall notify the applicant and the Board as to the additional steps the applicant shall take to complete the work to the point required or to the extent the work shall be uncovered or exposed to full view.
(3) 
The applicant shall be liable for all costs and fees incurred by the Board as a result of performing these inspections. The Superintendent shall determine the estimated costs of the inspections, of which the applicant shall deposit 1/3 with the Town Treasurer-Collector before commencing any required improvements. The applicant shall make additional deposits as may be reasonably requested by the Board.
C. 
Required inspections. The following inspections of the required improvements shall be made by the Superintendent or authorized agent. These inspections are the minimum required and may be in addition to any others that the Board may require. The applicant shall notify the Superintendent when work is to be done so that he may inspect the work in progress.
(1) 
Upon completion of all clearing, grubbing and excavation and all work incidental to the preparation of the roadway. No fill shall have been placed at the time of this inspection.
(2) 
Upon completion of the drainage system but prior to backfilling.
(3) 
Upon completion of the installation of municipal services but prior to backfilling. The inspection of a municipal service shall be made by the agency responsible for the particular service. Each such agency shall notify the Superintendent of approval or disapproval of such installation.
(4) 
Upon completion of backfilling the drainage system and utility installations and upon completion of the compaction of fill as may be required to bring the roadways to their proposed grades. The applicant shall notify the Superintendent as to the source of fill and provide him with samples. No backfilling or filling such take place until the Superintendent has notified the applicant of his approval of the material to be used.
(5) 
Upon completion of each course of the bituminous concrete roadway surface.
(6) 
Upon completion all work required on sidewalks, curbing, grass plots, side slopes, monuments, bounds and street signs.
(7) 
A final inspection shall be made upon completion of all subsequent work as required, including the final cleanup.
D. 
Superintendent's report.
(1) 
The Superintendent shall submit a completed written report to the Board for each way in the proposed subdivision. Such report shall contain all information which will enable the Board to make a decision and shall describe any special problems or situations which may arise during the construction of the required improvements.
(2) 
The Superintendent will make progress reports to the Board that the work has been performed in accordance with these rules and regulations and the definitive plan. He shall inform the Board as soon as practical that the work is not acceptable with the reasons therefor.
(3) 
If during the progress of the work the Superintendent finds it unacceptable and uncorrected, he shall immediately stop the work and notify the Board. Only the Superintendent or his designee shall have the authority to stop the work.

§ 250-13 Changes and alterations.

No changes or alterations, except as provided for in MGL c. 41, § 81O, shall be made in an approved definitive plan without first resubmitting the changes to the Board for approval. Any alteration in grades, drainage plans or other utilities shall be deemed to constitute a change in a definitive plan.

§ 250-14 Acceptance of ways and improvements.

A. 
Approval of a definitive plan shall not of itself constitute the laying out or acceptance by the Town of any way shown on such plan as a Town way, or the establishment as a public improvement for which the Town is responsible any park, playground, reserved area or other work or improvement shown on the plan.
B. 
The ways shown on such plan shall not become public ways unless and until laid out and accepted as Town ways under the provisions of MGL c. 82, §§ 21 to 24 inclusive.

§ 250-15 Administration.

A. 
Authority.
(1) 
The Board shall be the administrative agency of the rules and regulations and shall have all the powers assigned it by MGL c. 41, §§ 81A to GG.
(2) 
Applicants aggrieved under the subdivision control process may appeal their case to the Essex County Superior Court or the Land Court.
(3) 
The Board may assign as its agents appropriate Town agencies or officials and may from time to time hire professional assistance to review plans and inspect improvements, at the cost of the applicant.
(4) 
The Board, on its own motion or on the petition of any party of interest, shall have the right 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.
B. 
Waiver of requirements.
(1) 
The applicant may request that specific requirements of these rules and regulations and construction standards be waived. Such requests must be made in writing at the time of submission of a definitive plan. If the Board determines, in its opinion, that the waiving of any specific requirement is in the public interest and not inconsistent with the Subdivision Control Law, it may grant such request(s). Any requests so granted must be noted on the definitive plan.
(2) 
In granting such request(s), the Board may require such alternative conditions as will serve substantially the same objective(s) as the rule or regulation or standard waived.
C. 
Validity. If any section, paragraph, sentence, clause or provision of these rules and regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged, and the remainder of these rules and regulations shall be deemed valid and effective.
D. 
Amendments. These rules and regulations or any portion thereof may be amended, supplemented or repealed from time to time by the Board, on its own motion or by petition, after a public hearing.