[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.]
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,[1] 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.
[1]
Editor's Note: Application Form A is on file in the offices of the
Town Administrator and Town Clerk.
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,[1] 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.
[1]
Editor's Note: Application Form B is on file in the offices of the
Town Administrator and Town Clerk.
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.
(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.
(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.
(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:
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:
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:
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.
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.[1]
[1]
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.
