A. 
Purpose: These standards are the minimum design standards. Good construction will often be in excess of these standards. With any code for design and construction, the engineer's design must guarantee and be responsible to the adequacy and safety of the design. They cannot merely meet minimum design standards. Again we use these design standards as a check at the engineer's design, to ensure that minimum public safety standards are met.
B. 
Streets, sidewalks, water systems, sanitary sewers, storm drain systems, public and private utilities and other infrastructure shall be constructed in accordance with this chapter, the Board of Public Works requirements and the editions of the Commonwealth of Massachusetts Department of Public Works a) "Standard Specifications for Highways, Bridges and Waterways," (to be referred hereto as the "Standard Specifications"), b) "Construction Standards" on the date of the subdivision application (to be referred to hereto as the "Construction Standards"), and c) "Massachusetts Erosion and Sedimentation Control Guidelines for Urban and Suburban Areas" in effect on the date of submission of the subdivision application. If conflicts exist, the Planning Board, in consultation with the BPW, and consultant engineer shall determine which standard will be enforced.
C. 
The subdivision shall be so designed as to protect the safety, convenience and welfare of the occupants of the subdivision and the Town of Fairhaven, through reasonable precautions against possible natural disasters, provisions for traffic safety and convenience, assurance of adequate sanitary conditions and consideration of amenities. Proposed subdivision shall conform to overall development plans and policies, which may be adopted by the Planning Board, and shall adhere to the principles of sound planning and good engineering. It shall be the responsibility of the Design Engineer for the adequacy and safety of the design.
D. 
No land shall be divided for residential use if it is of such a character that it cannot be used for building purposes without danger to health.
E. 
Nonbuildable lot. Any lot showing on a plan, which fails to meet the frontage and/or minimum lot size requirement for the zone, shall be required to show the following:
(1) 
"No building shall be placed on lot ___________ without further subdivision approval as provided for in MGL c. 41, § 81Y." The preceding text shall be added inside the property lines on each lot that is nonbuildable. Referencing notes on nonbuildable lots within such property lines will be permitted only if the subject lot does not contain space for the full text.
(2) 
The Planning Board may allow the following text, when it appears appropriate to allow building on the lot, subject to obtaining the necessary variances from the Zoning Board of Appeals: "This lot is to be considered nonbuildable."
F. 
All work and materials shall conform to the latest requirements of the American Disability Act (ADA)[1] and the Massachusetts Architectural Access Board (MAAB). The ADA and MAAB regulations take precedence over these regulations.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
G. 
The context of work required is as shown upon approved plans and is in compliance with the Street Design Drawings in Appendix C.[2] Stakes shall be set which will indicate the exact amount of cut or fill.
[2]
Editor's Note: Appendix C is included at the end of this chapter.
A. 
General provisions.
(1) 
All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall also be given to the future residents of the subdivision and to the attractiveness of the street layout in order to obtain the maximum safety, livability and amenity of the subdivision.
(2) 
The proposed streets shall conform to the Master or Study Plan as adopted in whole or in part by the Board.
(3) 
Provisions satisfactory to the Board shall be made for the proper projection of the streets, or for access to adjoining property which is not subdivided or developed. It is the Board's policy not to approve streets that do not connect to existing neighborhoods or do not provide for connections in the future. A right-of-way from the end of all culs-de-sac and dead-end roads to adjoining property must be part of the street layout and must be shown on street acceptance plans and deeds unless there is compelling evidence that the adjoining property will never be developed. If the adjoining property shall never be developed, there shall be a pedestrian and bicycle trail up to the property line, unless wetlands and grade make that impossible.
(4) 
Streets entering opposite sides of another street shall be laid out either directly opposite each other or with a minimum offset of 150 feet between their center lines. This minimum offset shall also be observed whenever one or more streets entering opposite sides of another street exist, whether located within or outside the boundary of the proposed development.
(5) 
Streets entering the same side of another street shall be laid out with a minimum offset of 150 feet between their center lines. This minimum offset shall also be observed whenever one or more streets entering the same side of another street exist, whether located within or outside the boundary of the proposed subdivision.
(6) 
Temporary dead-end or cul-de-sac streets shall conform to the provisions of alignment, width, and grade that would be applicable to such streets if extended.
(7) 
The center line of roadways shall coincide with the center line of the street right-of-way, unless the Board specifically approves a modification by waiver.
(8) 
The center line of all intersecting streets or ways shall be a straight line from the point of intersection of said center line for a distance of no less than 100 feet.
(9) 
On any street where the grade exceeds 5% on the approach of the intersection, a leveling area, with a maximum slope of 3%, shall be provided for a distance of not less than 50 feet measured from the nearest gutter line of the intersecting street.
(10) 
Vertical curves are required wherever the algebraic difference in grade between center line tangents is 2% or more, with a minimum length of vertical curve of 10 feet per one-percent change of grade on minor streets and lanes, and 20 feet per one-percent change on collector streets, or 100 feet, whichever is greater.
(11) 
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.
(12) 
Traffic calming: The street design shall make every effort to reasonably calm the traffic within the subdivision and on surrounding streets to ensure pedestrian- and bicycle-friendly design and to prevent a decrease in traffic safety as a result of the additional traffic the project will generate. Traffic calming may utilize methods detailed in ITE's "Traditional Neighborhood Development" or "Traffic Calming: State of the Practice," but must utilize methods that will not make snow plowing or road maintenance especially burdensome for the Town.
(13) 
Grading and location of elements shall conform to the standard cross-sections illustrated in the Street Design Drawings in Appendix C.[1]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B. 
Street design standards.[2]
[2]
Editor's Note: Table A, Street Design Standards, is included at the end of this chapter.
C. 
Street cross-sections.
(1) 
Cross-sections shall be in accordance with the street design drawings in Appendix C.[3]
[3]
Editor's Note: Appendix C is included at the end of this chapter.
A. 
Sidewalks shall be provided in accordance with the street design drawings in Appendix C.[1]
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B. 
All sidewalks shall be handicapped accessible from the roadway at all intersections. Wheelchair ramps to accomplish the above shall be designed and constructed according to the Commonwealth of Massachusetts Architectural Access Board Rules and Regulations, as amended.
C. 
All subdivisions with 10 or more lots located in an area where school busing is provided or is likely to be provided in the future must provide at least one bus waiting area for school children. This area must be between 50 square feet and 100 square feet, depending on the size of the subdivision (number of students generated). The waiting area shall not include the width necessary to meet the sidewalk standards. It must be constructed of cement/monolithic concrete; abutting the outside edge of the sidewalk, and shall contain a bench. The location shall be approved by the Planning Board. All subdivisions consisting of 15 or more lots must incorporate a bus shelter in addition to a bench.
A. 
Where the street system within a subdivision does not connect with or have, in the opinion of the Planning Board, adequate vehicular, pedestrian, and/or bicycle access from a Town, county or state public way or private way, the Planning Board shall require, as a condition of approval of a plan, that such adequate access be provided by the subdivider, and/or that the subdivider make physical improvement(s) of access to and within such a way, in accordance with the provisions for these subdivision regulations, either from the boundary of the subdivision to a Town, county or state public way or private way, or along such public way for a distance which, in the opinion of the Planning Board, is sufficient to provide adequate access to the subdivision.
B. 
Where the physical condition or width of a public way from which a subdivision has its access is considered by the Planning Board to be inadequate to either provide for emergency services or carry the traffic which is expected, in the opinion of the Board, to be generated by such subdivision, the Planning Board shall require the subdivider to dedicate a strip of land for the purpose of widening the abutting public way to a width commensurate with that required within the subdivision and to make physical improvements to and within such public way to the same standards required within the subdivision or by these subdivision regulations. Any such dedication of land for the purpose of the way and any such work performed within such public way shall be made only with permission of the governmental agency having jurisdiction over such way, and all costs of any such widening or construction shall be borne by the subdivider.
C. 
The Planning Board shall disapprove of a subdivision plan where, in the opinion of the Planning Board, the existing surrounding municipal infrastructure (e.g., street width and construction, sanitary sewer, public water, storm sewer, etc.) is insufficient and/or incapable of handling the additional volumes (e.g., traffic, sewage, stormwater, etc.) anticipated, by the Planning Board, to be generated by the project. The Planning Board may accept or require off-site improvements to mitigate any of these impacts.
In any area not protected by the U.S. Army Corps of Engineers hurricane barriers, each lot shall be serviced with streets providing a route out of the subdivision, no part of which route lies below the thirteen-foot elevation above mean sea level (M.S. L.).
A. 
Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be a minimum of 20 feet wide.
B. 
Easements and provisions for vehicular access shall be provided along the entire length of storm drain lines.
C. 
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.
A. 
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 providing 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 endorsements on the plan require that no building be erected upon such park or parks without its approval for a period of three years.
B. 
If the Board requires the developer to set aside land for parks or open space, it shall determine that such land is suitable for the intended purpose with respect to soils, topography, drainage or other characteristics, which could restrict the use of the site.
Fencing shall be required in subdivisions abutting limited or controlled access highways or expressways, or other limited or controlled access roads. Fencing may be required in other areas where physical features require such safety.
Guardrails shall be provided at points of hazard along the roadway, such as fixed objects and the pavement edge, high fills, fills on sharp curvature, along watercourses, steep cliffs, along deep ditches in cuts and similar locations as required by the MA Highway and Bridge Standards (4:1 slopes). Type and installation of guardrails shall be approved by the BPW.
All natural features, such as large trees, watercourses, scenic points, historic plots, stonewalls and similar community assets shall be preserved, if, in the opinion of the Planning Board, they will add attractiveness and value to the subdivision.
A. 
Tree belts shall be provided on each side of the roadway in conformance with the street design drawings, Appendix C.[1] When sidewalks are required, the tree belt shall be between the curb and the sidewalk with the trees planted along the center line of the tree belt. The finished grade of such tree belts shall have a slope of 1/2 inch per foot toward the roadway. Where unusual physical land characteristics of topographic conditions exists, and where no sidewalk is to be constructed, the Planning Board may approve the construction of a tree belt of a greater slope with the finished slope not projecting above a plane sloped three horizontal to one vertical from the back of the curb.
(1) 
The top six inches of tree belt shall consist of good quality loam extending to the right-of-way, screened, raked, and rolled with lawn grass seed applied in sufficient quantity to assure adequate coverage, rolled when the loam is moist and maintained until grass cover satisfactory to the Planning Board has been established.
(2) 
There shall be no small trees or shrubs, and no herbaceous plants taller than one foot, within the tree belt.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B. 
Street shade trees shall be on both sides of subdivision streets in the tree belt when possible and otherwise within the right-of-way or within five feet of the right-of-way. There shall be one tree planted an average of every 30 feet of street frontage along each lot. Any mature deciduous shade trees preserved may be applied toward this average. The Planning Department and/or Tree Warden shall approve the specific locations of the trees.
C. 
Street trees shall not be permitted within 25 feet of the curbline of the intersection of two streets.
D. 
Trees shall be mature deciduous trees or newly planted trees of no less than two-inch caliper measured six inches above soil root ball. They shall be single-stemmed with a single, straight leader at time of installation. All tree species must meet American Association of Nurserymen Standards. Grouping is permitted, using both sides of the sidewalk for tree planting, in order to frame or enhance a view.
E. 
Street trees shall be deciduous shade trees, and no more than 35% of any one species shall be used throughout the subdivision. The recommended list of street trees is found in Appendix D.[2]
[2]
Editor's Note: Appendix D is included at the end of this chapter.
F. 
Planting operations and requirements for street trees shall be in accordance with the American Association of Nurserymen Standards for Planting. The developer shall be responsible for maintaining the health of trees until two growing seasons after plantings, the as-built plans of the street are approved by the Board, or until the intended public ways are accepted at Town Meeting. The Board may require that surety be posted to replace shade trees that do not survive two growing seasons. These standards shall be indicated on detail sheets.
A. 
Stormwater management for each development shall accomplish the following:
(1) 
Reproduce, as nearly as possible, the hydrologic conditions in the groundwater and surface water prior to the development;
(2) 
Reduce stormwater pollution to the maximum extent possible using best management practices (BMPs);
(3) 
Have a long-term maintenance plan acceptable to the Board and BPW;
(4) 
Be appropriate for the site given physical constraints.
B. 
Submittal requirements. It shall be the responsibility of the applicant to submit a stormwater management plan (SMP) for all subdivisions greater than three lots detailing the existing environmental and hydrological conditions of the site, proposed alterations of the site, and all proposed components of the drainage system and any measures for the detention, retention, or infiltration of water for the protection of water quality and protection from flooding. The SMP shall contain sufficient information for the Planning Board to evaluate the effectiveness and acceptability of those measures proposed by the applicant for controlling flooding and pollution from stormwater runoff. The SMP shall contain maps, charts, graphs, tables, photographs, narrative descriptions, calculations, plans showing construction details of all systems and structures, and citations to supporting references, as appropriate, to communicate the information as required by these regulations. (See Appendix B for a list of required information.[1])The Planning Board reserves the right to require a SMP on subdivisions of three lots or less if deemed necessary for flood control or pollutant removal. The applicant shall submit a brief written description of how the SMP complies with Department of Environmental Protection (DEP) Stormwater Management Regulations.
(1) 
For subdivisions of three lots or less, the applicant's engineer shall submit documentation, stamp and certify that the design meets the DEP Stormwater Management Regulations.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
C. 
Design standards. The design, construction, and maintenance of the best management practices (BMPs), and the submittal of information to evaluate the BMPs, shall be consistent with Department of Environmental Protection (DEP) Stormwater Management Regulations and the standards and specifications of Appendix A[2] of the "Rules and Regulations Governing the Subdivision of Land, Fairhaven, Massachusetts."
[2]
Editor's Note: Appendix A is included at the end of this chapter.
D. 
BMP location. Stormwater basins and/or ponds shall be located only on a common parcel used for service and utilities. Said BMP parcel shall not be required to meet minimum zoning requirements for lot size or frontage. However, at a minimum, a twenty-foot right-of-way shall exist between the BMP parcel and the roadway. This common lot shall be conveyed to the Town of Fairhaven at time of street acceptance.
E. 
The applicant shall submit an erosion and sediment control plan.
(1) 
The erosion and sediment control plan should include a written description of the plan as well as an emergency response outline (including response phone numbers) and a maintenance schedule. The plan shall meet the following objectives and criteria:
(a) 
Keep disturbed areas small: No more than 60 feet in width and 100 feet in length of a single lot, or five acres of the overall tract at one time. Said plan shall identify design issues and methods employed to address such items as topography, soils, vegetation, steep slopes, wetlands and water bodies.
(b) 
Stabilize and protect disturbed areas quickly: Exposed areas and stockpiles shall be revegetated within 40 days of being exposed. The Board, depending on weather conditions, may require slope and stockpile stabilization sooner. Methods for stabilizing disturbed areas include mechanical, structural and vegetative. In some cases, some or all of these methods should be combined in order to retard erosion. These methods shall be identified in the erosion and sedimentation control plan.
(c) 
Keep stormwater runoff velocities low: Velocities of runoff should be in the range of two to 10 feet per second. The removal of the existing vegetative cover during the development and the resulting increase in impermeable surface area after development will increase both the volume and velocity of runoff. These increases must be taken into account when providing for erosion control.
(d) 
Protect disturbed areas from stormwater runoff: Conservation measures can be utilized to prevent water from entering and running over the disturbed area. Diversions and other control practices to intercept runoff from higher elevations, store or divert it away from vulnerable areas, and direct it towards stabilized outlets should be utilized. Selected measures should be identified on the plan and in text.
(e) 
Retain sediment within site area: The best way to control sediment is to prevent erosion; however, sediment can be retained by two methods:
[1] 
Filtering runoff as it flows and detaining sediment; or
[2] 
Detain runoff for a period of time so that the soil particles settle out.
F. 
Conveyance of stormwater.
(1) 
The entire drainage system of storm drainage lines shall be capable of conveying the twenty-five-year storm, including catch basins, manholes and culverts.
(2) 
Water velocities in pipes and gutters shall be between two and 10 feet per second. Water velocities in nonpaved areas (e.g. swales, ditches) shall not be more than published values for maximum permissible velocities based on surface cover type and soil types.
(3) 
Water velocities in catch basins shall not exceed 1/2 foot per second. Catch basins shall be designed (inlet capacity and spacing) such that the flow in the gutter during a twenty-five-year design storm is not more than three feet in width as calculated utilizing methodologies described in "Drainage of Highway Pavements, Hydraulic Engineering Circular No. 12," as published by the U.S. Department of Transportation, Federal Highway Administration. In any event, water shall not be allowed to run for more than 300 feet on paved surfaces.
(4) 
Catch basins shall be Scituate-Rays precast or approved equal. Catch basin grates shall be Lebarron Grate, Heavy Duty LF 246, or approved equal. Catch basin grates shall be in the gutter to facilitate snow removal.
(5) 
Manholes shall be Scituate-Rays precast or approved equal. Manhole covers shall be Lebarron Grate, Heavy Duty LA 246, or approved equal.
(6) 
The standard depth of catch basins shall be a minimum four feet below the invert of the outlet. Manholes shall be constructed at each junction point of storm drain lines. Catch basins shall not serve as manholes.
(7) 
Storm drains shall be of at least 12 inches in diameter inside, with at least 24 inches of cover, and shall be of reinforced concrete Class IV pipe if having less than forty-eight-inch cover within a street right-of-way. Aluminum pipe of at least comparable strength may be substituted in appropriate locations if approved by the Fairhaven Board of Public Works (BPW). All drain pipes except subdrains shall be reinforced concrete or ductile iron. Waivers from these standards shall be allowed upon recommendation of the BPW.
(8) 
Easements and provisions for vehicular access shall be provided along the entire length of storm drain lines.
(9) 
Roof drains; cellar drains or any other private non-preexisting drainage systems shall not be allowed to connect to the Town's existing drainage system, unless written approval from the BPW is obtained.
(10) 
On-site infiltration measures shall be used to approximate the parcel's pre-development recharge.
(11) 
The drainage system shall remove 80% of the average annual post-development load of total suspended solids (TSS).
(12) 
Stormwater shall pass through an oil separator manhole prior to release to an outfall.
(13) 
Drainage outfalls shall not discharge untreated stormwater directly to or cause erosion in wetlands or water bodies. A thirty-foot buffer zone of existing vegetation shall be retained between all point source discharges of stormwater and surface waters and wetlands. However, the provision of this section shall not prohibit the selective clearing of trees and shrubs, the establishment of new vegetation better suited to the proposed conditions, or the discharge of stormwater across such buffer areas as any of these actions may be permitted by the Conservation Commission under the order of conditions.
(14) 
Erosion and sedimentation controls (as identified on the approved plans) shall be used during all construction phases.
(15) 
Post-development peak discharge rates shall not exceed pre-development rates.
(16) 
No increase in stormwater runoff over pre-development conditions shall be permitted for all storms up to the one-hundred-year event.
G. 
Cross culverts. Culverts and stormwater outlet structures shall have reinforced concrete headwalls designed in accordance with good practice. At cross culverts (where a roadway bisects a stream or man-made watercourse), drainage easements shall be established up gradient of the culvert and delineated on the definitive plan based on the projected one-hundred-year headwater elevation.
H. 
Inspection. After the stormwater management system has been constructed and before the performance guarantee for the development has been released, the applicant shall submit an as-built plan detailing the actual stormwater management system as installed. The consulting engineer for the Planning Board and/or the BPW shall inspect the system to confirm its as-built features. This engineer shall also evaluate the effectiveness of the system in an actual storm. If the system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the definitive plan, it shall be corrected before the performance guarantee is released. Examples of inadequacy shall be considered but not limited to: errors in the infiltrative capability, errors in the maximum groundwater elevation, failure to properly define or construct flow paths, or erosive discharges from basins. The cost of having the Planning Board's and/or the BPW's consulting engineer review and evaluate the as-built plans and the stormwater management system shall be borne by the developer.
I. 
Maintenance. All stormwater management systems shall be maintained in accordance with these regulations and Appendix A.[3] The applicant shall submit a maintenance plan for the stormwater management system. The proponent shall provide copies of the stormwater management plan to the Planning Board (10 copies). The applicant shall be required to arrange for maintenance and inspection, at no cost to homeowners, for a twenty-year period by one of the following methods.
(1) 
Secured prepayment. The applicant shall submit to the Planning Board a determination of the anticipated cost of maintenance, inspection, and repair of the stormwater management system for a twenty-year period. That determination must be reviewed and approved by the Board of Public Works, or the consulting engineer for the Planning Board. The applicant shall establish a method of securing the anticipated cost in the form of a cash payment, or similar security made payable to the Town of Fairhaven for its cost in maintaining, inspecting, or repairing the stormwater management system. For systems not owned by the Town, the applicant shall establish a homeowners' association to be responsible for the maintenance and repair. The applicant shall also grant an easement to the Town allowing it to enter on the property as necessary to inspect, repair, or maintain the system. In the event the Town has to maintain or repair a private facility, said cost shall be assessed by the Town to the owners within the subdivision. The security documents and easement shall be in a form satisfactory to the Planning Board.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
A. 
Water:
(1) 
The Planning Board shall not approve a definitive plan unless evidence satisfactory to the Board is presented that an adequate supply of water can be provided to each lot in the subdivision which is to be built upon.
(2) 
The design and construction for developments connecting to the municipal water system shall meet the standards and specifications of the BPW.
(3) 
Where municipal water is available, provision shall be made, to the satisfaction of the Planning Board, for future connection of waterlines to property boundaries to accommodate future development, including design, layout, and sizing.
B. 
Sanitary:
(1) 
The Planning Board shall not approve a definitive plan if the Board of Health has disapproved its sanitary arrangements, and no plan shall be approved unless each lot in the subdivision, which is to be built upon, is to be served either by public sewerage or by a private sanitary disposal system.
(2) 
The design and construction for developments connecting to the municipal sewer system shall meet the standards and specifications of the BPW.
(3) 
Where municipal sewer is available, provision shall be made, to the satisfaction of the Planning Board, for future connection of sewer lines to property boundaries to accommodate future development, including design, layout, and sizing.
C. 
Protection from flooding. Any other regulations not withstanding, no definitive plan shall be approved by the Planning Board for a subdivision which includes land less than 13 feet in elevation above mean sea level if not protected by the U.S. Army Corps of Engineers hurricane barriers, unless the Planning Board shall determine that all utilities are located, constructed or elevated so as to minimize or eliminate flood damage and that methods of disposal for sewage, refuse and other wastes and for providing drainage are adequate to reduce flood hazards.
D. 
Location of utilities. All required utilities exclusive of transformers shall be placed underground at the time of initial construction to every lot to be built upon. Required utilities may include, but not be limited to, water, sewer, storm drainage, telephone, electricity, gas, wiring for streetlights, fire alarm systems, and cable TV unless otherwise specified by the Board.
Not more than one building designed or available for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision or elsewhere within the Town without the consent of the Planning Board, which shall be granted only for structures in compliance with zoning restrictions, and only upon the Board finding that adequate ways furnishing access to each site for such buildings have been provided in the same manner as otherwise required for lots within a subdivision.
In case a tract is subdivided into larger parcels capable of being subdivided, 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.