Town of Orange, MA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Planning Board of the Town of Orange 5-16-1966, as amended through 2-10-2004. Subsequent amendments noted where applicable.]
GENERAL REFERENCES

Street names — See Ch. 175, Art. II.

Zoning — See Ch. 205.

Wells — See Ch. 291.

§ 210-1
PURPOSE 

§ 210-1.1
Authority and purpose. 

§ 210-2
APPLICABILITY 

§ 210-2.1
Definitive plan required. 

§ 210-2.2
Definition of subdivision. 

§ 210-2.3
Recording of plan believed not to be subdivision. 

§ 210-2.4
Recording of plan requiring approval. 

§ 210-3
PROCEDURE 

§ 210-3.1
Preliminary plan. 

§ 210-3.2
Definitive plan. 

§ 210-4
DESIGN STANDARDS 

§ 210-4.1
Classification of streets. 

§ 210-4.2
Street standards. 

§ 210-4.3
Easements. 

§ 210-4.4
Open spaces. 

§ 210-4.5
Protection of natural features. 

§ 210-5
REQUIRED IMPROVEMENTS 

§ 210-5.1
Installation schedule. 

§ 210-5.2
Street and roadway construction. 

§ 210-5.3
Curb and gutter. 

§ 210-5.4
Sidewalks. 

§ 210-5.5
Grass plots and trees. 

§ 210-5.6
Utilities. 

§ 210-5.7
Monuments. 

§ 210-5.8
Street signs. 

§ 210-5.9
Record plans. 

§ 210-5.10
Release of bond. 

§ 210-5.11
Inspection costs. 

§ 210-5.12
Street acceptance. 

§ 210-6
ADMINISTRATION 

§ 210-6.1
Variation. 

§ 210-6.2
Additional information. 

These rules and regulations are enacted by the Orange Planning Board under Authority granted by MGL c.41, § 81Q, for the purposes set forth in § 81M of said Chapter 41. For matters not covered by these rules and regulations, reference is made to the Subdivision Control Law, MGL §§ 81K to 81GG, as most recently amended.

No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land in the Town of Orange or proceed with the improvement or 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 submitted to and approved by the Planning Board as hereinafter provided.

The term “subdivision” is defined in detail in MGL c.41, § 81L; only this carefully worded definition has legal status. (Note: Within the limits of this definition, the Planning Board is likely to find that any division of land is a subdivision if it creates one or more new lots which do not have frontage on an existing street; i.e., either a public way, a duly approved subdivision street, or a private way adequate in the opinion of the Planning Board.)

A. 

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 who believes that his plan does not require approval under the Subdivision Control Law may submit his original reproducible plan, seven copies, an application Form A,

Editor's Note: Application Form A is on file in the offices of the Town Administrator and Town Clerk.
and a fee of $50 per lot, in the form of a check or money order payable to the Town of Orange. Plans shall be accompanied by 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 for such determination, accompanied by a copy of said application. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor.

B. 

If the Board determines that the plan does not require approval, it may, through its Chairman or other authorized representative, without a public hearing and without unnecessary delay, endorse on the plan the words "Approval under the Subdivision Control Law not required."

C. 

The Board may add to such endorsement a statement of the reason approval is not required. The plan will be returned to the applicant, and the Board shall notify the Town Clerk of its action.

D. 

If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within 21 days of submittal, give written notice of its determination to the Town Clerk. It will so inform the applicant and return the plan.

E. 

If the Board fails to act upon a plan submitted under this section within 21 days after its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required.

If the Planning Board determines that a plan does require approval, said plan may not be recorded until such approval is obtained in accordance with the provisions outlined below. After such plan, or modification thereof, is approved by the Planning Board, it shall be recorded in the Registry of Deeds within six months, or said approval will no longer be valid.

A. 

General. A preliminary plan of a subdivision may be submitted by the subdivider for discussion and tentative approval by the Board. The submission of such a preliminary plan will enable the subdivider, the Planning Board, the Board of Health, other municipal agencies and owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a definitive plan is prepared. Therefore, it is strongly recommended that a preliminary plan be filed in every case. A properly executed application Form B,

Editor's Note: Application Form B is on file in the offices of the Town Administrator and Town Clerk.
an administrative fee of $60 and a lot fee of $80 per buildable lot, in the form of check or money order, made payable to the Town of Orange, 10 copies of the preliminary plan submitted to the Planning Board and one copy shall be submitted to the Board of Health. All information in this section shall be submitted to Town Clerk by delivery or registered mail.

B. 

Contents. The preliminary plan may be drawn on tracing paper with pencil at a suitable scale, and three prints shall be filed at the office of the Board. Said plan should be identified as a preliminary plan and show sufficient information about the subdivision to form a clear basis for discussion of its problems and for the preparation of the definitive plan. Such information should include major site features such as existing swamps, water bodies, existing topography, stone walls, fences, buildings, large trees and rock outcroppings, together with the information required by § 210-3.2B(1) through (4), inclusive, and (11) of the contents of the definitive plan. During discussion of the preliminary plan, the complete information required for the definitive plan (§ 210-3.2B, Contents) and the financial arrangements (§ 210-3.2F, Performance guaranty) will be developed.

C. 

Tentative approval. The Planning Board may give such preliminary plan its tentative approval, with or without modification. Such tentative approval does not constitute approval of a subdivision. If the Town Clerk is notified in writing that a preliminary plan has been submitted to the Planning Board, then said Board shall tentatively approve, modify and approve, or disapprove such plan in accordance with MGL c.41, § 81S, and shall notify the Town Clerk of its action. In the case of disapproval, the Planning Board shall state in detail its reasons therefor.

A. 

General.

(1) 

Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Board the following:

(a) 

Twelve contact prints made from the original drawing of the definitive plan, dark line on white background. The original drawing will be submitted for signatures at a later date if approval is granted.

(b) 

A properly executed application Form C.

Editor's Note: Application Form C is available is on file in the offices of the Town Administrator and Town Clerk.

(c) 

An administrative fee of $170 and a fee of $100 per buildable lot, in the form of check or money order made payable to the Town of Orange. In addition, the subdivider will be billed directly by the newspaper publishing the legal notices.

(2) 

The applicant shall file by delivery or registered mail a notice with the Town Clerk stating the date of submission for such approval and accompanied by a copy of the completed application Form C.

B. 

Contents. The definitive plan shall be prepared by a registered professional engineer or land surveyor, and shall be clearly and legibly drawn in black waterproof ink on tracing cloth or similar material at a scale of one inch to 40 feet, or such other scale as the Board may accept. Sheet sizes may not exceed 36 inches by 42 inches; if multiple sheets are used, they shall be accompanied by an index map, at smaller scale, showing the entire subdivision. The definitive plan shall contain the following information [Note: Items in Subsection B(1) through (10) shall all be on the same sheet; items in Subsection B(11) through (15) may be on that same sheet, or on one or more separate sheets, but shall nevertheless constitute part of the definitive plan.]:

(1) 

Subdivision name, boundaries, North point, date and scale.

(2) 

Name and address of record owner, subdivider and engineer or surveyor. The seal and certificate number of the engineer or surveyor shall appear on the definitive plan.

(3) 

Names of all abutters as they appear in the most recent tax list.

(4) 

Lines of existing and proposed streets, ways, lots, easements and public or common areas within the subdivision. (The proposed names of proposed streets shall be shown in pencil until they have been approved by the Board.)

(5) 

Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, and to establish these lines on the ground.

(6) 

Location of all permanent monuments properly identified as to whether existing or proposed.

(7) 

Location, names and present widths of streets boundary, approaching or within reasonable proximity of the subdivision.

(8) 

Indication of purpose of easements.

(9) 

Suitable space to record the action of the Board and the signatures of the members of the Board (or officially authorized person).

(10) 

Street frontage, land area and identification number for each proposed lot.

(11) 

Existing and proposed topography at a suitable contour interval.

(12) 

The location of natural objects and surfaces such as waterways, natural drainage courses, ledge outcroppings, stone walls, and the location and species of all trees in excess of eight inches in diameter within the required front yard of each lot.

(13) 

Proposed construction plan of roadways, sidewalks, planting strips and curbs; including a typical cross-section plan.

(14) 

Proposed layout of storm drainage, water supply and sewage disposal system, including profiles and layouts of all underground utilities all appurtenances.

(15) 

Existing profiles and proposed profiles on the center line of proposed streets at a horizontal scale identical with that of the plan, and with vertical scale exaggerated 10 times. All elevations shall refer to the Town datum.

C. 

Review by Board of Health. The Planning Board shall, within 10 days after submission of a definitive plan, transmit to the Board of Health two contact prints of the definitive plan. The Board of Health shall, within 45 days after filing of the plan, report to the Planning Board, in writing, approval or disapproval of said plan. If the Board of Health disapproves said plan, it shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health, and include such specific findings and the reasons therefor in such report, and, where possible, shall make recommendations for the adjustment thereof. Every lot so located that it cannot be served by a connection to the municipal sewer system shall be provided with a septic tank and drain-field satisfactory to the Board of Health.

D. 

Review by other Town officials. The Planning Board shall, within 10 days after submission of a definitive plan, transmit two contact prints to the Board of Selectmen for its review of the layout of the proposed improvements as shown on the plans. The Board of Selectmen shall, within 45 days after filing the plan, report in what respects, if any, the proposed streets and improvements would fail to comply with the standards for design, layout, construction and acceptance by the Town. The Board of Selectmen may also make such recommendations and suggestions to the Planning Board which, in their opinion, would improve the subdivision and its future development as an integral part of the entire Town.

E. 

Public hearing. Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given at least twice by the Board, the first notice being at least 14 days prior thereto by advertisement in a newspaper of general circulation in the Town of Orange and the second notice being at least one week prior thereto. A copy of said notice shall be mailed to the applicant and to all owners of land abutting upon the subdivision as appearing in the most recent tax list.

F. 

Performance guaranty required.

(1) 

Before endorsement of the Board’s approval of a definitive plan of a subdivision, the subdivider shall agree to complete the required improvements specified in these rules for any lots in a subdivision, such construction and installation to be secured by one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the applicant with the written approval of the Board:

(a) 

As a result of prior experience with the inflation of construction costs over time, the Board shall require a performance guarantee in the amount of 150% of the estimated cost.

(b) 

Also, as a result of prior experience, the Board reserves the right to increase the required amount deposited as necessary over time to insure sufficient performance guarantee.

(2) 

Types of performance guarantee.

(a) 

Restrictive covenant. The subdivider shall file a restrictive covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the restrictive covenant which provides that no lot shall be built upon until such ways and utilities have been provided to serve such a lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such restrictive covenant, or either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the restrictive covenant, but not later than three years from the date of such deed.

(b) 

Proper bond. The subdivider shall file a proper bond, sufficient in the opinion of the Board to secure performance of the construction of ways and the installation of utilities required for lots in the subdivision shown on the plan, and the Board may require that the applicant specify the time within which such construction shall be completed. Performance time shall be subject to the Board approval.

(c) 

Deposit of money or negotiable securities. The subdivider shall file money or negotiable securities, sufficient in the opinion of the Board to secure performance of the construction of ways and installation of utilities required for lots in the subdivision shown on the plan, and the Board may require that the applicant specify the time within with such construction shall be completed. The applicant shall provide proof that the deposit of money or negotiable securities shall remain available to the Town of Orange until such time as the Board approves a release of said monies.

(d) 

Funds retained by lender. The subdivider 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 streets and installation of municipal services.

[1] 

Unless the applicant and the lender shall demonstrate to the satisfaction of the Planning Board, which may consult with the Treasurer/Collector for this purpose, that a) lender is of sound financial condition or b) the funds to secure such an agreement are beyond the reach of the applicant’s or lender’s creditors and will be available regardless of the bank’s financial condition at the time of entering into the agreement or thereafter for payment to the Town in the even of any default or failure of performance, then the Board, in its sole discretion and determination, may reject such agreement as insufficient to serve as a performance guarantee.

[2] 

Said agreement shall also provide for a schedule of disbursements which may be made from time to time 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.

(3) 

Form of performance guarantees. Performance guarantees shall be filed with the Board and shall be subject to the following requirements:

(a) 

If performance is guaranteed by means of a restrictive covenant pursuant to Subsection F(2)(a), such restrictive covenant shall be in the form and contain the language as shown in the form entitled “Approval with Restrictive Covenant,” or as otherwise required or approved by the Board.

(b) 

If performance is guaranteed by means of a bond Subsection F(2)(b), a deposit of money or negotiable securities Subsection F(2)(c) or an agreement whereby the construction lender retains loan funds [Subsection F(2)(d)], the performance guarantee shall comply with the following:

[1] 

It shall define the applicant’s obligation as “the construction of streets and ways, the installation of municipal services and the construction of certain other improvements for lots as shown in the Definitive Plan entitled '_______________________________,' dated ______________________, and approved by the Board on ____________________, including without limitation the work described in attached Schedule 'A'” [Subsection F(3)(c)].

[2] 

It shall specify a scheduled completion date on which the construction of the approved subdivision streets and improvements shall be completed by the applicant. The Board may extend such time as it deems appropriate after receipt of a written request received by the Board 45 days prior to the scheduled date of completion.

[3] 

It shall state that it shall not expire until the Board, upon written request, certifies that all road work and improvements have been completed according to the approved plan and that the performance guarantee is released, or until 45 days have lapsed from the date the Board received, by certified mail, a request for such certification and release, whichever comes first.

[4] 

It shall state that it applies in full to all successors of the applicant whose performance is guaranteed.

[5] 

It shall state that the full amount of the guarantee shall be due immediately to the Town of Orange in case of the default of the applicant or his/her successor in constructing the streets and ways, municipal services and other improvements in accordance with the approved definitive plan. Default of the applicant or successor shall be defined in the performance guarantee as meaning:

[a] 

Failure to complete all roadways according to the approved definitive plan by the scheduled completion date; or

[b] 

Bankruptcy of the applicant for the benefit of the creditors of the applicant, or the foreclosure of any mortgage on all or part of the land of the approved subdivision before the scheduled completion date; or

[c] 

Notice to the Board of the withdrawal or termination of any performance guarantee given hereunder, or of a request to substitute performance guarantee hereunder, prior to the scheduled completion date of the work, unless it is given 45 days prior to the anticipated date of such withdrawal, termination or substitution; or

[d] 

Any other condition or circumstance that constitutes default, in the opinion of the Board.

(c) 

The performance guarantee shall include a detailed scope of work to be completed under the performance guarantee and shall provide for a schedule of disbursements, in accordance with Subsection F(4) below, which may be made to the applicant upon completion of various stages of work (Schedule A).

(d) 

The performance guarantee shall not contain any language which contradicts the above-stated requirements.

(e) 

A bond estimate may be requested from the Board once prior to the establishment of the performance guarantee and once with each subsequent full or partial bond release; the estimate will remain effective for 90 days. The estimate will reflect the cost for the Town to complete the work as a public works project which may necessitate legal fees, public bidding, additional staff time, etc.

(4) 

Partial release. Prior to final release of a performance guarantee, the Board may grant up to two partial releases from the required performance guarantee for partial completion of improvements (or three partial releases in the event the original performance guarantee exceeds the sum of $1,000,000.00 or 50 lots), provided that:

(a) 

No lot(s) shall be released from the restrictive covenant unless construction of streets and ways, and installation of municipal services and other improvements in accordance with the approved definitive plan for said lots, has been completed or another form of security has been substituted, sufficient to complete said streets and ways, municipal services and other improvements. The form entitled “Release of Lots - Certificate of Performance,” or the form entitled “Release of Lots - Provision of Surety,” whichever is appropriate, shall be submitted when applying for a partial release of lots from a restrictive covenant.

(b) 

No reduction in the amount of the performance guarantee shall reduce the performance guarantee to a value below the estimated cost of completing the unfinished portions of the improvements. The penal sum of any such bond held under Subsection F(2)(b) or and deposit held under Subsection F(2)(c), or any amount of funds retained pursuant to an agreement under Subsection F(2)(d) shall bear a direct and reasonable relationship to the expected cost, including a contingency amount of no more than 50% of the expected cost to guard against the effects of inflation, necessary to complete the subject work.

(c) 

No partial release of security shall be granted until the Board has received written verification from the Town’s consulting engineer that a minimum of 50% of the required improvements have been satisfactorily completed.

(5) 

Final release. Upon the completion of the construction of streets and ways, and the installation of municipal services and other improvements in accordance with the approved definitive plan, the applicant may request release of the bond, deposit of money or securities, or funds retained by lender by sending a statement of completion and a request for release by registered mail to the Town Clerk and the Board.

(a) 

Such statement shall be accompanied by the following:

[1] 

A written certificate from a registered professional engineer that the streets, drainage, and utilities conform to the Board’s requirements in accordance with the approved definitive plan.

[2] 

A written certificate from a registered land surveyor that the as-built plan submitted accurately reflects the conditions in the completed subdivision are in compliance with the approved definitive plan.

[3] 

A written certification by a registered professional engineer that the streets, drainage and utilities conform to the Board’s requirements in accordance with the approved definitive plan.

[4] 

A written confirmation from the head of the Highway Department that the improvements have been exposed to one complete winter environment (November 15 through April 15) without damage, or that damage, if incurred, has been repaired to the satisfaction of the Highway Department.

[5] 

A written confirmation from the Tree Warden that installation of the street trees and other plantings required by these rules and the decision have been completed satisfactorily and that damaged plantings have been replaced.

[6] 

The address of the applicant.

[7] 

Two copies, plus one original mylar of an as-built plan of the streets and ways within the subdivision.

(b) 

If the Board determines that said construction or installation has been completed, it shall release the interest of the Town in such performance guarantee. If performance was secured by means of a restrictive covenant, the interest of the Town shall be released by execution of a “Lot Release - Certification of Performance.”

(c) 

If the Board determines that said construction or installation has not been completed in accordance with the approved definitive plan, it shall specify in a notice sent to the Town Clerk and, by registered mail, to the applicant, the details wherein said construction or installation fails to comply with the approved definitive plan. Upon failure to do so within 45 days after the receipt by said clerk of the statement requesting release of the Town’s interests, all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned and any such restrictive covenant shall become void. In the event that said forty-five-day period expires without such specification by the Board, or without the release and return of the bond or return of the deposit or release of the restrictive covenant as aforesaid, the Town Clerk shall, upon request, issue a certificate to such effect, duly acknowledged, which may be recorded.

(d) 

Even though all improvements covered by a bond, deposit or restrictive covenant have been completed, the Board may refuse to release the performance guarantee if completion of construction on any remaining undeveloped or partially developed lot poses a substantial risk or injury to the covered improvements.

G. 

Certificate of approval. Within 45 days of the receipt of a definitive plan, unless an extension of time is agreed upon, the Planning Board will approve, modify and approve, or disapprove said plan, and submit formal certification of its action to the Town Clerk and to the applicant. Provided approval is voted, at the conclusion of the statutory twenty-day appeal period, a majority of the members of the Board shall endorse upon the original definitive plan and return it to the applicant for recording.

A. 

For the purpose of this and the following sections, all streets in subdivisions shall be divided into three classes: major, secondary and minor.

(1) 

Major street: a street which, in the opinion of the Board, is likely to carry substantial volumes of traffic.

(2) 

Secondary street: a street other than a major street which, in the opinion of the Board, is likely to carry traffic other than just from lots on the street.

(3) 

Minor street: a short street which is likely to be used only by vehicles going to and from lots on that street.

B. 

The Board may impose more stringent requirements than those set forth below for the design and construction of streets within the subdivision. In such instances the Town shall, subject to appropriation, reimburse the developer for additional costs imposed upon him by such additional requirements, provided such requirements are clearly in excess of those needed to satisfy the particular subdivision standards and when such requirements are specifically intended to benefit a substantial area outside the subdivision.

A. 

Location.

(1) 

All streets in the subdivision shall be designated so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the subdivision.

(2) 

The proposed streets shall conform, so far as practicable, to the Master or Study Plan as adopted in whole or in part by the Board.

(3) 

Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which is not yet subdivided.

(4) 

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.

B. 

Alignment and standard.

(1) 

Street jogs with center-line offsets of less than 100 feet shall be avoided.

(2) 

Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60 degrees.

(3) 

The minimum center-line radii of curved streets shall be:

(a) 

Major streets: 500 feet.

(b) 

Secondary streets: 300 feet.

(c) 

Minor streets: 100 feet.

(4) 

Property lines at intersections of secondary or major streets shall be rounded or cut back to provide for a curb radius of not less than 30 feet. For minor streets a radius of not less than 20 feet is required.

(5) 

The minimum width of street rights-of-way shall not be less than:

(a) 

Major streets: 60 feet.

(b) 

Secondary streets: 50 feet.

(c) 

Minor streets: 40 feet.

(6) 

Street grade.

(a) 

The maximum grade of streets shall be:

[1] 

Major streets: 6%.

[2] 

Secondary streets: 9%.

[3] 

Minor streets: 12%.

(b) 

The Board may modify these requirements where, in its opinion, unusual topography conditions so require.

(7) 

The center-line grade for any street shall be not be less than 0.5%.

(8) 

Dead-end streets shall be no longer than 800 feet unless, in the opinion of the Board, a greater length is necessitated by topography or other special conditions. Whether temporary or permanent, every dead-end street shall be provided at the closed end with a turnaround having an outside diameter of at least 100 feet and a property line diameter of at least 120 feet.

A. 

Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least 15 feet wide.

B. 

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the Board may require that there be provided a stormwater easement or drainage right-of-way of adequate width to conform substantially to the lines of such watercourse, drainageway, channel or stream, and to provide for construction or other necessary purposes.

Before approval of a plan the Board may also, in proper cases, require the plan to show a park or parks suitably located for playground or recreation purposes or for provided light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may, by appropriate endorsement on the plan, require that no buildings be erected upon such park or parks without its approval for a period of three years.

Due regard shall be shown for all natural features, such as large trees, watercourses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision and the community.

The improvements required herein must be installed to the satisfaction of the Board of Selectmen or their duly appointed representative. A schedule for installations of improvements should be filed with the Board of Selectmen, who will provide developer with checklists of required inspections. Failure to file such schedule, or otherwise to give adequate notice as to when improvements can be inspected, will significantly delay certification of such improvements and subsequent release of bond or covenant.

A. 

The entire area of each street or way shall be cleared of all stumps, brush, roots, boulders, like material and all trees not intended for preservation.

B. 

All loam, soft material, clay or muck shall be stripped from the line of the streets for the full length and width, to a depth which will provide a firm foundation. No soft or inferior material shall be allowed below subgrade, and the subgrade shall be thoroughly compacted before applying the gravel base. Eighteen inches of good-quality, binding gravel shall be placed over the compacted base. The top three inches of gravel shall be screened or crushed with a maximum stone size of one inch. Extreme care shall be taken to insure that all trenches for utilities have been thoroughly compacted to prevent future settling. Subdrains shall be installed if necessary.

C. 

All streets and road shall be constructed to the following widths of paving, exclusive of curbing:

Classification Rights of Way (feet) Paved Width (feet)
Major street 60 40
Secondary street 50 30
Minor street 40 26
D. 

The completed gravel surface shall be treated for its full width in the following manner: A bituminous concrete mixture shall be applied by a paving machine in two courses consisting of a binder or base course 1 1/4 inches thick after compaction, followed by a surface coat 1 1/4 inches thick after compaction, all paving to be in conformity to Massachusetts Department of Public Works specifications for Type I bituminous concrete, both in quality of materials and methods of application. In no case shall the surface be laid until the sub-base shall have been inspected and approved.

A. 

Curbing shall be installed in accordance with the following specifications:

(1) 

Major streets: curb throughout, granite at intersections, remainder bituminous concrete.

(2) 

Secondary streets: granite or bituminous concrete curbs at intersections and steep grades.

(3) 

Minor streets: special situations only.

B. 

Curbing at an intersection shall include the full length of the curve, plus six feet of tangent in each direction; curbing on steep grades shall mean on all grades in excess of 6%. Curbing may be required on minor streets where the Planning Board deems that special conditions of topography, drainage, alignment, or unusually high densities so require.

C. 

In all situations where curbing is not required, the roadway edge and adjoining grass plot or shoulder shall be so treated as to provide adequately for the carrying of surface water run-off. This may require special treatment of gutters, shoulders, ditches, etc. All curb inlets shall be granite, of standard design.

A. 

Sidewalks, having a width of not less than five feet, shall be constructed between the roadway and the property line, and as close to the property line as practicable, as follows:

(1) 

Major streets: both sides.

(2) 

Secondary streets: both sides unless specified otherwise by Planning Board.

(3) 

Minor streets: as specified by Planning Board.

B. 

Sidewalks shall be of bituminous concrete or cement concrete upon a sub-base consisting of at least six inches of good gravel or crushed stone after compaction. No surface shall be laid until sub-base shall have been inspected and approved. Paving shall conform to the same requirements as for the street surfaces (see § 210-5.2D above).

A. 

The entire width of the right-of-way, except for roadway, curb and gutter, and sidewalk, shall be devoted to grass plot, consisting of at least six inches of good-quality loam, rolled and seeded.

B. 

No utility poles, transformers, signs or similar items shall be placed within the grass plot so as to be less than two feet from the edge of the roadway.

C. 

Where, in the opinion of the Planning Board, existing or proposed trees on the adjacent lot are not adequate, provision of two or more street trees per lot may be required in the planting strip or in adjacent portions of the lot. Species, size, and planting procedure for such trees shall conform to current practice of the Town in planting roadside trees.

A. 

Sewer pipes and related equipment, such as manholes and connecting Ys, shall be constructed in conformity with specifications of the Town of Orange. Where, in the opinion of the Planning Board, existing public sewer mains are not reasonably accessible, the plan may be approved without provision of street sewers, provided that:

(1) 

No lot shall be built upon without the provision of on-lot sewage disposal facilities specifically approved by the Board of Health; and

(2) 

The Board may require installation of so-called "dry sewers" in conformity with specifications of the Town of Orange in any street where, in its estimation, sanitary sewers may become accessible within a period of five years.

B. 

Adequate disposal of surface water shall be provided. Catch basins shall be built in conformity with specifications with specifications of the Town of Orange on both sides of the roadway on continuous grades at intervals of not more than 400 feet, at low points and sags in the roadway and near the corners of the roadway at intersecting streets.

C. 

Water pipes and related equipment, such as hydrants and main shutoff valves, shall be constructed to serve all lots on each street in the subdivision in conformity with specifications of the Town of Orange. Where, in the opinion of the Planning Board, existing public water mains are not reasonably accessible, the plan may be approved without provision of street water lines, provided that:

(1) 

No lot shall be built upon without the provisions of on-lot water facilities specifically approved by the Board of Health; and

(2) 

The Board may require such special provisions of water for fire-fighting as are deemed necessary by the Chief of the Fire Department.

Permanent monuments of granite or concrete shall be installed at all street intersections, at all points of change in direction or curvature of streets and at all points required by good engineering practice, after the completion of all construction. Certification in writing shall be made by the registered engineer of the developer to the Superintendent of Highways that all monuments have been properly set in accordance with the final plan.

Street signs of a design conforming to the type in general use in the Town shall be installed at all intersections under the direction of the Superintendent of Highways.

Upon completion of construction, the subdivider shall file a complete set of record plans, certified by a registered professional engineer which shall indicate that streets, storm drains, sewers, water mains and their appurtenances have been constructed in accordance with the definitive plan and are accurately located as shown upon the record plans. The location of all underground electric, telephone and gas lines shall also be indicated on the record plan.

No subdivision bond, covenant or other conditional agreement shall be released until all requirements in §§ 210-5.7, 210-5.8 and 210-5.9 preceding have been satisfied in the judgment of the Board of Selectmen.

The developer shall be responsible in an amount not to exceed $20 per lot for the cost of all supervision, inspection, grades and levels, etc., pertaining to the subdivision, which are performed or supplied by the Town, its engineers or representatives. No subdivision bond or covenant shall be released until all such expenses have been paid to the satisfaction of the Board of Selectmen.

The acceptance of a plan by the Planning Board does not make any street shown thereon a public way. Existing laws of the Commonwealth of Massachusetts and bylaws and procedures of the Town of Orange must be complied with the acceptance of any street.

Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the Subdivision Control Law.

Editor's Note: See MGL §§ 81K to 81GG.

For matters not covered by these rules and regulations, reference is made to MGL c.41, §§ 81K to 81GG, inclusive.