It is the intent of these standards to provide a sound basis
for the design of new subdivisions which will add value and character
to the Town. All streets in a subdivision shall be designed so that,
in the opinion of the Board, they will provide convenient and safe
vehicular, bicycle and pedestrian travel. In planning the project,
the Applicant shall give due consideration to the natural resources
and characteristics of the site, including its topographic and geological
conditions, to the convenience and safety of the public, and to the
attractiveness of the proposed streets and site design. Streets shall
be designed to preserve and enhance the character of the surrounding
community.
See the Typical Cross Section Diagram at the end of this chapter.
Before the approval of a Definitive Plan, the Board may, in
appropriate circumstances in its sole discretion, require the Plan
to show a park or parks suitably located for playgrounds or recreational
purposes or for providing light and air as it may so determine. 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. Each
area set aside for one of the stated purposes shall be of suitable
area, dimensions, topography and natural setting for the character
of such use. The area or areas shall be so located as to serve adequately
all parts of the subdivision as approved by the Board. The Board may
require that the area or areas reserved shall be located and laid
out so as to be used in conjunction with similar areas of adjoining
subdivisions or of probable subdivisions. If so determined, the Board
shall by appropriate endorsement on the Plan require that no building
may be erected on such park or parks for a period of not more than
three years without its approval. The area or areas shall be made
available for purchase by the Town. Failure by the Town to purchase
said area(s) within three years from the date of acceptance of the
subdivision's roads and utilities by the Town shall free the
Owner from these restrictions.
There shall be no roadway construction within the 100-year flood
plain as depicted on FEMA's Flood Insurance Rate Map (FIRM) in
effect at the time the Definitive Subdivision Plan is submitted to
the Planning Board. All construction shall be in conformance with
the flood hazard provisions of the Town of Newbury Zoning By-Law,
and shall:
A. Be consistent with the need to minimize flood damage;
B. Provide for all public utilities and facilities such as sewer, gas,
electrical, communications and water systems to be located and constructed
to minimize or eliminate flood damage;
C. Provide drainage systems in conformance with the Massachusetts DEP
Stormwater Handbook and the Town of Newbury Stormwater Management,
Illicit Discharge and Erosion Control Rules and Regulations and adequate
to reduce exposure to flood hazards; and
D. Be in compliance with G.L. c. 131 (Wetlands Protection Act).
The Definitive Plan shall be in conformance with G.L. c. 131
(Wetlands Protection Act). Where the provisions of G.L. c. 131 apply
to a project, the Applicant will be required to hold parallel design
discussions with the Conservation Commission and the Planning Board.
The Planning Board may condition its approval of a Definitive Plan
upon the issuance of an "Order of Conditions" by the Newbury Conservation
Commission.
Permanent signs identifying the subdivision by name may be allowed
at the discretion of the Planning Board and shall conform to the requirements
of Newbury's Zoning By-Law.
Stone walls throughout the property shall be preserved or, where
preservation is not possible, restored in kind. The definitive plan
shall include a designation of any stone walls or portions thereof
to be removed, relocated, or restored.
In all areas which are not served by either the Newburyport
Water Department or the Byfield Water District, or which, in the opinion
of the Fire Chief, do not have adequate water supply and pressure
for fighting a fire, the following applies:
A. The Applicant shall install 20,000 gallon underground water storage
tanks along subdivision roadways at a maximum spacing of 700 feet.
The tanks shall be installed and maintained in accordance with NFPA
standards, and the design shall meet the approval of the Town of Newbury
Board of Fire Engineers. The Applicant shall provide funds to the
Town in an amount sufficient to provide income adequate to fund maintenance
of the tanks by the Town. Should the road in question remain private
and not become a Town road, an easement for access, use, and maintenance
shall be granted to the Town.