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."
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.
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.
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.
