Town of Greenfield, MA Subdivision Regulations

Carries traffic equivalent to that generated by more than 10 but 20 or fewer dwelling units in the Rural Residential (RC) and the Suburban Residential (RB) Zoning Districts; or

Carries traffic equivalent to that generated by more than one but 20 or fewer dwelling units in the Urban Residential (RA) Zoning District; and

Has no abutting property either used or zoned for commerce or industry and which is not capable of extension to serve more than 20 dwelling units.

RURAL STREETA street which carries traffic equivalent to that generated by more than one but fewer than 10 dwelling units in the Rural Residential (RC) and the Suburban Residential (RB) Zoning Districts, which has no abutting property used or zoned for commerce or industry and which is not capable of extension to serve more than 40 dwelling units.

STREET WIDTH

The width of the paved way.

SUBDIVIDER

The owner of land proposed for subdivision or his or her authorized agent who commences proceedings under this article to effect a subdivision of land.

SUBDIVISION

The described tract of land which is to be or has been divided into two or more parcels.

The term includes resubdivision and, where appropriate to the context, relates either to the process of subdividing or to the land subdivided.

TRAIL

A right-of-way designed for movement of nonmotorized traffic.

Editor's Note: Amended during codification.

§ 550-37 Approval required for plan filing.

No plan, whether of a subdivision or not, shall be accepted at the Registry of Deeds or Land Court unless it has been endorsed by the Planning Board (or in special cases is accompanied by a Town Clerk's certificate) as either being approved or not requiring approval.

§ 550-38 Building permits.

No building permits will be issued for lots in a subdivision unless the subdivision plans have been endorsed and any conditions endorsed on the plan have been satisfied or waived.

§ 550-39 Street acceptance.

Street acceptance and installation of municipal services on any way within a subdivision but not shown on an endorsed subdivision plan can be done only with a two-thirds vote of Town Council. (See MGL c. 41, § 81Y.)

§ 550-40 Plans believed to require endorsement only.

Endorsements. These plans require only an endorsement by the Planning Board.

The applicant for such endorsement must submit to the Planning Board the original plan, including a locus map showing major transportation routes and other major landmarks, which will be returned; five copies which will not be returned; and a Form A, Application for Subdivision Believed Not to Require Approval, with a description of the intended use of the land. The applicant must also notify the Town Clerk by either delivering or sending by registered mail a notice giving the date of submission, description of the land sufficient for location (including map and parcel number) and the name and address of the owner. In order to be considered, it is the intent of the Subdivision Control Law that any subdivision plan filed with the Planning Board shall receive approval if said plan conforms to the reasonable rules and regulations of the Planning Board pertaining to subdivisions of land; provided, however, that such Board may, when appropriate, waive, as provided for in MGL c. 41, § 81R, such portions of the rules and regulations as deemed advisable. The Planning Board shall act on the plan within 21 days after its submission.

Plan submissions. In order to be considered by the Board, a fee shall be paid in accordance with § 550-46C, and such plans shall show all of the following:

Any existing structures on the land and dimension of yards relating to such structures;

Any existing structures on any remaining adjoining land owned by the applicant and dimensions of yards relating to such structures;

Remaining frontage of any adjoining land in the same ownership;

Present owner of the land shown on the plan, and all abutting owners; and

Location of any easement or way, public or private, across the land, with a designation as to the use of the same.

Electronic file. The applicant shall also submit two copies of an electronic file of the plan on a CD or diskette prepared in a version specified by the Greenfield Planning Department.

Endorsements by the Planning Board. The Planning Board shall endorse such plan as not requiring approval unless it shows a subdivision. MGL c. 41, § 81L states that "subdivision" shall mean the division of a tract of land into two or more lots and shall include resubdivision. However, the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on 1) a public way or a way which the Town Clerk certifies is maintained and used as a public way, or 2) a way shown on a plan theretofore approved in accordance with the Subdivision Control Law, or 3) a way in existence when the Subdivision Control Law became effective in Greenfield, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by the Greenfield Zoning Ordinance for erection of a building on such lot. Conveyances or other instruments adding to, taking away from, or changing the size and shape of lots in such a manner as to leave any lot so affected without said required frontage or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect on March 16, 1966, in Greenfield into separate lots on each of which one of such buildings remains standing shall not constitute a subdivision.

Specifications for ways in existence. Grounds on which an existing way will be found adequate for providing frontage should be the same as any other way in existence when the Subdivision Control Law became effective in Greenfield, which has in those portions that provide a means of reaching the premises in question the following: right-of-way width generally of 33 feet or more with no locations of less than 24 feet; horizontal and vertical alignment of the traveled way providing at least 150 feet stopping sight distance; grades not exceeding 10% except for short intervals; adequate provisions for drainage and snow removal; traveled way constructed at least 18 feet wide with at least eight inches of gravel and, in cases where the way potentially provides access to 10 or more dwelling units, bituminous paving of the traveled way as of January 1, 1983; or where provisions satisfactory to the Planning Board and the Town Engineer have been made to secure compliance with these standards without cost to the Town.

Notice to Town Clerk. The Planning Board must act and notify the Town Clerk within 21 days of submission, or it is deemed to have determined that approval was not required.

§ 550-41 Preliminary plans for subdivisions requiring approval.

General. To save costly changes in detailed engineering drawings, it is suggested but not required that a preliminary plan of any proposed residential subdivision be submitted so that any differences between the developer and the Town may be resolved at an early stage in the process. A preliminary plan must be submitted for all nonresidential subdivisions.

A request for a waiver of a requirement, rule, or regulation shall be made in writing by the applicant, and submitted, whenever feasible, with the submission of the preliminary plan.

Fees. The applicant for approval of a preliminary plan must submit to the Department of Planning and Development 12 copies of the plan, one copy reduced to 11 inches by 17 inches, a Form B, Application for Approval of a Preliminary Plan, and a certified check made payable to the "Town of Greenfield." The cost of a preliminary plan and the application fee shall be set by the Planning Board.[1]

Editor's Note: Amended during codification.

Submissions. If a preliminary plan is submitted, it is requested that the following be included as part of the submission:

The subdivision name, boundaries, North point, date, scale, legend, and stating "Preliminary Plan."

The names of the record owner and the applicant and the name of the designer, engineer, and/or surveyor.

The names of all abutters, as determined from the most recent local tax list.

The existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner.

The proposed system of drainage, including adjacent existing natural waterways in a general manner; proposed sewer system in a general manner; and if the system is to be by individual on-site sewage disposal systems, then sufficient deep hole and percolation tests to establish the general suitability of the locus for subsurface sewer disposal.

The approximate boundary lines of proposed lots, with approximate areas and dimensions.

(7)

The approximate location of all proposed houses and accessory structures.

(8)

The names, approximate location and widths of adjacent streets.

(9)

The topography of the land in a general manner.

(10)

A locus plan of the subdivision, showing its relation to the surrounding area, at a scale of one inch equals 500 feet.

(11)

In the case of a subdivision covering less than all of the land owned by the developer, a plan showing in a general manner the proposed overall development of all of said land.

(12)

Location of all zoning district boundaries, if encountered.

Review by Board. The Planning Board shall act within 45 days of submission of a preliminary plan. Approval of a preliminary plan does not constitute approval of a subdivision, and a preliminary plan shall not be recorded in the Registry of Deeds.

Town agency review. At this stage, arrangements for sanitary sewage disposal, performance guarantees, and required installation of facilities shall be discussed in a general manner with the appropriate Town agencies. This shall be directed through the Planning Board to the Board of Health, the Fire Chief, the Department of Planning and Development, Town Attorney, Town Engineer, and the Conservation Commission if appropriate.

§ 550-42 Definitive plans.

General.

The following must be filed at the Town Clerk's office for submittal to the Planning Board in applying for approval of a definitive plan:[1]

A properly completed application form, Form C, Application for Approval of a Definitive Plan.

The cost of a definitive plan and the application fee are set by the Planning Board. The applicant is responsible for paying all advertising costs.

Twelve copies of the definitive plan and road profiles, dark line on white background.

A list of all landowners abutting the land shown on the subdivision plan as appearing on the most recent tax list. The list shall be typewritten and in label format.

Editor's Note: Amended during codification.

The applicant must submit a total of 12 prints and one set reduced to 11 inches by 17 inches to be distributed as follows: Planning Board (seven copies); Town Engineer (one copy); Board of Health (one copy); Fire Chief (one copy); Inspector of Buildings (one copy); and Department of Planning and Development (one copy). One additional copy must be submitted for the Conservation Commission if the Wetlands Protection Act[2] is involved. The final, original plan is to be retained by the applicant until signed by the Board.

Editor's Note: See MGL c. 131, §§ 40 and 40A.

Definitive plan submission requirements.

The definitive plan shall be prepared by a registered land surveyor. Construction details shall be designed by a registered civil engineer. The plan shall be prepared on linen or polyester film, single matte with a thickness of 0.004 mils, and must have an opacity so as to allow consistent diazo and microfilm reproduction. All plans shall be prepared using a compatible ink with excellent cohesiveness which will produce a permanent bond and result in a plan with long-term durability. Linen or polyester reproductions shall be accepted, provided they comply with the other requirements.

Scale shall be one inch equals 40 feet or another scale acceptable to the Board, sheet size not to exceed 24 inches by 36 inches, using an index sheet if necessary. The plan shall contain the following information:

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

Name and address of record owner, subdivider, surveyor and engineer.

Location and names of all abutters as they appear in the most recent tax list.

Existing watercourses.

Sufficient data to determine the location, direction, width, and length of every street and way line, lot line and boundary line, and to establish these lines on the ground. The areas of all lots shall be shown, and all lots shall be numbered.

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

Location, names and present widths of streets bounding or approaching the subdivision.

(h)

Indication of purpose, width, and location of easements outside of the road lines.

(i)

Suitable space for recording the action of the Planning Board and the Town Clerk.

[NOTE: Items in Subsection B(2)(j), (k), (l) and (m) may be submitted on the same sheet as the definitive plan or on separate sheets.]

(j)

Existing and proposed topography at two-foot contour intervals whenever it is deemed necessary.

(k)

Existing and proposed center-line profiles of proposed streets and of intersecting streets for at least 100 feet each side of the intersection of the street center lines at a horizontal scale of one inch equals 40 feet and vertical scale of one inch equals four feet, or such other scales acceptable to the Board. Elevations shall be indicated every 50 feet on straight grades and every 25 feet on vertical curves. All elevations shall refer to the United States Coast and Geodetic Survey (USGS) datum where available. Profile stationing shall be referenced to a plan drawing.

(l)

Proposed layout (including cross sections and profiles) of sewerage, storm drainage and water supply, including invert elevations, slopes, capacity, and velocity.

(m)

Where sewage disposal is to be by individual on-site sewage disposal systems, the definitive plan shall be accompanied by a feasibility report of the proposed sanitary sewage systems certified by a registered civil engineer.

(n)

Indication of all areas believed to be subject to control under the Wetlands Protection Act, MGL c. 131, § 40, under procedures outlined at 310 CMR 10.00.

(o)

Identification of zoning districts.

(p)

A locus plan of the subdivision, showing the outline of the parcel being subdivided, the pattern of streets within it, streets in the surrounding area, and zoning district and overlay district boundaries, at the same scale as the Assessor's map which includes that parcel (one inch equals 50 feet or one inch equals 200 feet).

(q)

An overlay at the same scale as the definitive plan showing the Natural Resources Conservation Service interpretation of suitability for on-site sewage disposal, or showing USGS surfacial geology, or both.

(r)

Test pit logs for locations selected by the Planning Board and shown on one of the above overlays, with not more than one pit per four proposed lots, selected to reveal general patterns of subsurface characteristics, after consultation with the Board of Health and the Conservation Commission.

(s)

Where connection to the public water system is not proposed, information indicating why such connection is not feasible, description of provisions to be made for water for fire fighting, and information adequate to allow determination of compliance with Section IV-D-3(b) requirements regarding potable water quality and quantity.

(t)

Stormwater management plan in compliance with the provisions of Chapter 381, Stormwater Management, of the Greenfield Code.

(u)

An erosion control plan, indicating the erosion control measures to be employed, including description of locations of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques, sediment basins, etc., and narrative description of how erosion from individual lots onto streets and into drainage systems is proposed to be controlled. Review comments on the plan by the Conservation Commission and by the Natural Resources Conservation Service or by others acceptable to the Board as expert in soil erosion. Any site disturbing more than one acre must have a detailed stormwater pollution prevention plan (SWPPP) and an erosion control plan submitted to and approved by the EPA or its designee in accordance with EPA's NPDES Phase II regulations.

(v)

Landscaping plan showing the location of all existing and proposed landscaping. Indicate which mature trees are proposed to be removed.

Electronic file. The applicant shall also submit two copies of an electronic file of the plan on a CD or diskette prepared in a version specified by the Greenfield Planning Department.

Sewer extension permits.

Under the provisions of MGL c. 21, § 43, an application must be submitted by the applicant to the Massachusetts Department of Environmental Protection for a permit to allow construction of any sewer extensions of a public sewerage system, including construction plans for pumping stations, forced mains, siphons and other appurtenances.

It shall be the responsibility of the applicant to prepare said application, submit it for signature to the Town Engineer, and forward the completed application form to the Department of Environmental Protection.

Wetlands Protection Act.

In accordance with MGL c. 131, § 40, no person shall remove, fill, dredge or alter any bank, beach, dune, flat, marsh, meadow or swamp bordering on any existing creek, river, stream, pond, lake or any land under said waters or subject to flooding without filing a written notice of intention to perform said work with the local Conservation Commission and the Department of Environmental Protection.

In order to determine if the proposed subdivision, or parts thereof, are subject to the provisions of the Wetlands Protection Act, the Planning Board will, where it deems necessary, submit a copy of the definitive plan to the Conservation Commission. The Conservation Commission shall, to the extent practicable, file a report with the Planning Board not later than 45 days after receipt of the plan stating that the proposed plans are not subject to the provisions of the Wetlands Protection Act, or the Wetlands Protection Act applies to certain designated areas. In the event the plan shall be governed by said Act, the Planning Board shall include in its decision for approval a condition that the applicant shall obtain approval from the Conservation Commission prior to any construction activity in the affected areas.

Review by Board of Health.

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 such 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.

Such Health Board or Officer shall send a copy of such report, if any, to the person who submitted said plan. Any approval of the plan by the Planning Board shall then only be given on condition that the lots or land, unto which such doubt exists, shall not be built upon without prior written consent of the Board of Health to the Planning Board, and shall endorse on the plan such condition, specifying the lots or land to which said condition applies. Any lot so located that it cannot be serviced by a connection to the municipal sewer system shall be provided with a septic tank and leaching system satisfactory to the Board of Health.

Public hearing.

The Planning Board shall hold a public hearing on the definitive plan in accordance with MGL c. 41, § 81T, which requires advertising twice, the first time at least two weeks before the hearing, and notification of all abutters by registered mail. The Board shall submit copies of the plan for review by the Department of Planning and Development, Department of Public Works, Inspector of Buildings, and Fire Department. Within 90 days for nonresidential and 90 days for residential if preliminary plans were submitted, 135 days if a preliminary plan has not been submitted (unless an extension is agreed upon), the Planning Board shall approve, modify and approve, or disapprove the plan, and shall notify the applicant and the Town Clerk of its action, in accordance with MGL c. 41, § 81U.

Following approval, there is a twenty-day appeal period, after which the Planning Board will endorse its approval of the plan, provided no appeals have been filed and that by then the Board has received satisfactory security for performance of required street and utility improvements, and a linen or polyester reproduction of the approved plan has been provided for the Board's file.

If the endorsed plan replaces a previously endorsed plan, the applicant shall withdraw the original plan from the Registry of Deeds prior to the endorsement and filing of the new plan.

The developer is to provide the Town with a satisfactory performance guarantee within 30 days after the twenty-day appeals period has expired, and upon acceptance of guarantee, the plan will be endorsed within 30 days by the Planning Board.

Approval not acceptance. Approval of a definitive plan does not constitute layout or Town acceptance of any ways, nor does subsequent release of security upon completion of such ways constitute layout or Town acceptance of any street, which action is reserved by statute to the Town Council.

§ 550-43 Design requirements.

Streets.

General design guidelines. All subdivisions shall be designed and improvements made by the developer consistent with the requirements of § 550-44. Design and construction shall do the following:

Reduce, to the extent reasonably possible, the following:

Volume of cut and fill.

Area over which existing vegetation will be disturbed; especially if within 200 feet of a river, pond, or stream, or having a slope of more than 15%.

Number of mature trees removed.

[4]

Extent of waterways altered or relocated.

[5]

The number of driveways exiting onto existing streets.

[6]

Visual prominence of man-made elements not necessary for safety or orientation.

[7]

Erosion and siltation.

[8]

Flood damage.

Increase, to the extent reasonably possible, the following:

Use of major streets to avoid traffic on streets providing house frontages.[1]

Editor's Note: Amended during codification.

Visual prominence of natural features of the landscape.

Vistas and water views from public ways.

[4]

Street layout facilitating south orientation of houses.

Classification and design of streets.

Principal street: a street which carries traffic equivalent to that generated by 40 or more dwelling units or which serves property either used or zoned for commerce or industry.

Major street: a street which carries traffic equivalent to that generated by more than 20 but fewer than 40 dwelling units, which has no abutting property used or zoned for commerce or industry and which is not capable of extension to serve more than 40 dwelling units.

Minor street: a street which: 1) carries traffic equivalent to that generated by more than 10 but 20 or fewer dwelling units in the Rural Residential (RC) and the Suburban Residential (RB) Zoning Districts, or 2) carries traffic equivalent to that generated by more than one but fewer than 20 dwelling units in the Urban Residential (RA) Zoning District; and 3) has no abutting property either used or zoned for commerce or industry and which is not capable of extension to serve more than 20 dwelling units.[2]

Editor's Note: Amended during codification.

Rural street: a street which carries traffic equivalent to that generated by more than one but fewer than 10 dwelling units in the Rural Residential (RC) and the Suburban Residential (RB) Zoning Districts, which has no abutting property used or zoned for commerce or industry and which is not capable of extension to serve more than 40 dwelling units.

	Principal	Major	Minor	Rural
Layout width (feet)	60	50	50	450
Number of moving lanes	2	2	2	2
Width of lanes (feet)	20	15	13	12
Total width of pavement (curb to curb) (feet)	40	30	26	24 (end of pavement to end of pavement)
Sidewalks/ Pathways/trails required	Yes	Determined by the Board	Determined by Board	Determined by Board
Sidewalk width (feet)	4.5	4.5	4.5	4.5
Curbing required	Yes	Determined by Board	Determined by Board	Determined by Board
Curbing type	Granite or Concrete	Bituminous Concrete	Bituminous Concrete	Bituminous Concrete
Horizontal alignment
Curve at center line - minimum radius (feet)	250	125	125	125
Grade:
Maximum	6%	10%	10%	10%
Minimum	0.8%	0.8%	0.8%	0.8%
Safe stopping sight distance (3.5 feet above pavement) (feet)	300	200	150	150
Intersections
Angle - minimum	70°	60°	60°	60°
Offsets (street jogs) - minimum (feet)	125	125	125	150
Radius of edge of layout (feet)	40	30	30	30
Sight stopping distance (feet)	300	200	200	200
Culs-de-sac
Length - maximum (feet)	800	800	800	800
Minimum turnaround diameter (layout) (feet)	120	120	120	120
Minimum turnaround diameter (roadway) (feet)	100	100	100	100
Maximum turnaround diameter (roadway inner edge) (feet)	40	40	40	40

NOTES:
**	A cul-de-sac or a dead-end street shall be defined as a street closed at one end. The length of a cul-de-sac street shall be measured along its center line from the street line of the intersecting street to the center of the turnaround. Cul-de-sac streets shall not be permitted to connect into another cul-de-sac street unless the distance measured along the center lines from the street line of the connecting non-cul-de-sac street to the center of the proposed turnaround is not more than 800 feet.

NOTES:

A cul-de-sac or a dead-end street shall be defined as a street closed at one end. The length of a cul-de-sac street shall be measured along its center line from the street line of the intersecting street to the center of the turnaround. Cul-de-sac streets shall not be permitted to connect into another cul-de-sac street unless the distance measured along the center lines from the street line of the connecting non-cul-de-sac street to the center of the proposed turnaround is not more than 800 feet.

Access.

No subdivision plan shall be approved unless its street system will connect with:

A way legally accepted by Town Council vote; or

A way established by county, state, or federal authority; or

A way established by a subdivision plan approved in accordance with the Subdivision Control Law, or any other way in existence on the date the Subdivision Control Law became effective in Greenfield if determined by the Planning Board to be sufficient for the needs for access and utilities to serve potential needs of land abutting on or to be served thereby without reduction in the level of traffic service or creation of hazard.

The creation of 40 or more units requires a special permit for major development review (MDR). See § 200-7.12 of the Greenfield Zoning Ordinance.

Open space. Where appropriate, the Planning Board may require reservation of open space for up to three years upon completion of the subdivision to provide an opportunity for the Town to purchase it for open space or recreation purposes. The Planning Board shall not require reservation of more than 10% of the gross area of the subdivision for such purposes, and shall not require reservation of areas smaller than four acres, except in extraordinary circumstances.

Protection of natural features. Due regard shall be shown for all natural features, such as mature trees, watercourses, scenic vistas, locations of historical significance, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision.

Easements. Easements for utilities across lots or centered on rear or side lot lines shall be provided, where necessary, and shall be at least 20 feet wide. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the Board requires that there be provided a stormwater easement or drainage right-of-way of adequate width (minimum of 20 feet) to conform substantially to the lines of such watercourse, drainageway, channel or stream, and to provide for construction or other necessary purposes.

Environmental assessment. A comparative environmental assessment may be required for any subdivision creating frontage of 10 or more dwelling units within 1,000 feet of a perennial river or stream as defined by the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00). The scope of such assessment, including development alternatives to be compared and consequences to be studied, shall be as agreed to by the Planning Board and may be required to include up to two major alternatives to the plan proposed, including a cluster version, with as much of the following information as determined by the Planning Board to be necessary for plan evaluation; and shall be prepared by an interdisciplinary team, to include a land surveyor, civil engineer, and an architect or landscape architect, unless otherwise agreed to by the Planning Board.

Narrative discussion of differences among alternatives regarding:

Impact upon surface water quality and level.

Impact upon groundwater quality and level.

Material effects upon important wildlife habitats, outstanding botanical features, and scenic or historic environs.

Capability of soils, vegetative cover, and proposed erosion control efforts to support proposed development without danger of erosion, silting, or other instability.

Relationship to the requirements of MGL c. 131, §§ 40 and 40A (the Wetlands Protection Act).

Estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the development.

Lot layout and house siting for potential solar energy capabilities.

Discussion of impact on a waterway of a subdivision with topographical features of more than 30 feet above said waterway.

Environmental assessment process.

The applicant shall complete the environmental assessment report along with the preliminary plan or prior to submission of a definitive plan outlining what environmental issues the applicant believes will occur because of this project, including wetlands.

The Planning Board will distribute this statement to the Town Engineer, Board of Health, Town agencies or the regional planning commission for review and comment. Comments will be accepted up to 21 days from date of receipt of the environmental assessment form.

The Planning Board shall review any comments within 14 days of the close of the comment period, determine the issues to be addressed by the applicant, and issue a final scope to the applicant.

The applicant shall present responses and alternative as required elsewhere in these regulations relative to each issue raised.

The Board shall have 45 days to review the responses and may work with the applicant to select the most desirable alternative to mitigate environmental concerns.

If, upon preliminary review, additional clarification is necessary, the applicant may request a suspension of the forty-five-day period, and request an opportunity to resubmit plans.

A final plan shall be prepared by the applicant based upon the decision of the Board.

Water Supply Protection District. Any portion of a proposed subdivision which lies within the limits of the Town's Water Supply Protection District shall conform to the requirements of said district as outlined in § 200-4.14 of the Greenfield Zoning Ordinance.

Flood hazard areas. Any portion of a proposed subdivision which is located within the one-hundred-year floodplain as shown on the Town of Greenfield Flood Insurance Rate Maps (FIRM), together with the Flood Boundary and Floodway Maps contained in the Flood Insurance Study, shall meet the following requirements:

All requirements of § 200-4.13, Floodplain District (F), of the Greenfield Zoning Ordinance.

The subdivision, including utilities and drainage, shall be designed to be consistent with the needs to minimize flood damage and provide adequate drainage.

Subdivisions shall include base flood elevation data.

§ 550-44 Required road improvements and specifications.

Compliance required. The following improvements shall be made by the subdivider without expense to the Town:

Street obstructions. 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.

Subsurface removal. All loam, clay, peat or other yielding material shall be removed beneath all street layouts to a depth specified by the Town Engineer and shall be replaced with a granular material acceptable to the Town Engineer.

Fill types allowable. Whenever it is necessary to install fill to bring a roadway to subgrade, said fill shall be of a granular material satisfactory to the Town Engineer and the Greenfield Department of Public Works. All fill shall be placed in nine-inch layers compacted to not less than 95% of maximum dry density as specified in the MassHighway Standards. The developer shall be responsible for the costs of all soil testing and analysis required by the Town Engineer.

Groundwater. Wherever groundwater is encountered within four feet of the proposed roadway surface or wherever the soil type indicates the possibility of a capillary rise of water in the subgrade soil, subdrains shall be installed under both shoulders of the roadway. The design and depth of the subdrains shall be in accordance with the specifications of the Town Engineer and the Greenfield Department of Public Works.

Rock excavations. Wherever rock is encountered, it shall be excavated to a depth of two feet below the subbase of the roadway for the full width of the street layout. The excavated rock shall be replaced with a granular material satisfactory to the Town Engineer and the Greenfield Department of Public Works.

Subbase. Roadways shall be brought to the bottom of the subbase elevation prior to the installation of the water mains, storm drains, sanitary sewers or other utilities.

(7)

Subbase compaction. The gravel base and subbase of the roadway shall be compacted to not less than 95% of maximum dry density.

(8)

Curbs.

Curbing, where required, should be standard granite, precast concrete, or bituminous concrete as determined by the Planning Board with recommendations by the Town Engineer and the Department of Public Works. All catch basins should have granite drop inlets.

Where bituminous concrete curbs are allowed, the curb type shall be approved by the Town Engineer before installation. Bituminous concrete curbs, with a width of 12 inches and minimum pitch of three inches to five inches, may be allowed where grades are less than 3%.

Roadway material requirements.

The structure of the roadway will be composed of the following items:

Bituminous concrete pavement. The material used for roadway pavement shall be Class I Bituminous Concrete Type I-1 applied in two courses. All work shall conform to the requirements of Section 460 of the MassHighway Standard Specifications for both the binder and top courses. All materials shall conform to Section M3 of said Standard Specifications.

Base. The material used for a base course shall be a processed gravel that meets with the approval of the Town Engineer. The gravel shall conform to the requirements of Section M1.03.1 of the MassHighway Standard Specifications.

Subbase. The material used for a subbase shall be a bank run or crushed gravel that meets with the approval of the Town Engineer and shall conform to the requirements of Section M1.03.0 of the MassHighway Standard Specifications.

Subgrade (sand borrow). When sand borrow is required below the subbase, the material used shall conform to Section M1.04.0 Type B of the MassHighway Standard Specifications and shall be compacted to 95% of maximum dry density.

Subsurface soil data.

Soil information. The Board may require subsurface soil information to evaluate the adequacy of the roadway design. Such information may include test pits, borings, or probings along each proposed street, primarily at locations such as cut sections, areas of questionable foundation material, and areas of potentially high groundwater elevations. The requirement for and location of test pits shall be established by the Board during the preliminary plan review process. If a preliminary plan did not precede the definitive plan submittal, test pit data will be required at locations every 800 feet along roadway center lines, plus areas where the proposed grade is three feet or more below existing grade, and probings will be required along the center line and sideline at twenty-five-foot intervals where the roadway crosses wetlands or other areas of unsuitable material.

Soil test pit specifications. Borings and test pits shall be to a depth at least four feet below finished grade, and the logs submitted to the Board shall indicate their location and ground elevation, a classification of the soil strata by depth, depth at which groundwater or rock, if any, is encountered and the date of the test.

Probings. Probings shall be used to determine the depth of unsuitable material, and the data shall be submitted to the Board on a drawing with a scale of one inch equals 20 feet showing the roadway center line (with stations) and sidelines, and test locations with existing ground elevations and the depths of unsuitable materials.

Planning Board present. All subsurface soil investigations shall be made in the presence of a representative of the Planning Board or its designated agent.

Registered engineer. All soil logs to be submitted to the Board shall be stamped by a registered professional engineer.

Street cross-section/drainage/grade and slope stabilization requirements.

Drawn to scale. Typical street cross-section for each class of street within the subdivision, drawn at a scale of one inch equals four feet, showing the location of all elements within the street right-of-way, and typical cross-sections of any altered drainage courses or off-street paths shall be drawn.

Easements, drainage calculations, evidence of ownership, language of any easements, covenants, or restrictions applying or proposed to apply to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision, description of erosion control methods to be employed shall be presented.

Drain pipes, manholes, catch basins. Drain pipes and related manholes and catch basins shall be constructed in conformity with the specifications and requirements of the Greenfield Department of Public Works.

Roadway design standards.

In general, the roadway structure designs for all streets shall be in accordance with the following, unless otherwise required by the Town Engineer.

The subgrade shall be classified as follows:

Poor: subgrade soils which become quite soft and plastic when wet. Included in this classification are those soils having appreciable amounts of clay, silt, and fine sand where front penetration of the subgrade is expected.

Medium: subgrade soils which retain a moderate degree of firmness when saturated. Included are such soils as fine sand, silty sand and sandy gravel with some silts and clays.

Good to excellent: subgrade soils which retain a substantial amount of their load-supporting capacity when saturated shall be classified as good. Included are clean sand and gravel free from detrimental amounts of plastic silts and clay.

Required Roadway Structure
Type of Roadway	Pavement Section	Depth of Section for Subgrade Type (inches)
		Poor	Medium	Good
Major Minor Rural	Bituminous Concrete Top Course	1	1	1
	Bituminous Concrete Binder Course	2	2	2
	Processed Gravel Base Course	6	6	6
	Gravel Borrow Subbase	18	12	6
Principal	Bituminous Concrete Top Course	1	1	1
	Bituminous Concrete Binder Course	2	2	2
	Processed Gravel Base Course	9	9	9
	Gravel Borrow Subbase	18	12	6
	M1.04.0 Type B Sand Borrow	12	0	0

Gutters. Paved gutters shall be installed at the discretion of the Town Engineer, as deemed necessary due to special conditions of topography, drainage or alignment.

Sidewalks/Pathways/Trails. Sidewalks shall be required for all proposed principal streets, except those within the Planned Industry (PI) Zoning District, and may be required for proposed major, minor and rural streets if deemed necessary by the Planning Board. Sidewalk construction within a roadway layout shall conform to § 550-43, Design requirements, of these regulations and the Greenfield Department of Public Works specifications.

Utilities. All gas, telephone, electricity and cable antenna television lines shall be installed underground. Utilities shall be located in accordance with the Greenfield Standard Locations for Construction of Streets and Appurtenances, dated April 6, 1982, unless otherwise approved by the Town Engineer.

Streetlights. Installation of streetlights shall be in accordance with the Greenfield Department of Public Works Guidelines for Approval of New Streetlights on Public Ways.

Sewers. Sanitary sewer pipes and related equipment, such as manholes and connecting Y's, shall be constructed in conformity with specifications issued by the Greenfield Department of Public Works. Where, in the opinion of the Town Engineer, existing public sewer mains are not reasonably accessible, the plan may be approved without provision of street sewers, provided that:

No lot shall be built upon without the provision of on-lot sewage disposal facilities specifically approved by the Board of Health in accordance with Title V of the Massachusetts Sanitary Code; and

The Town Engineer may require installation of so-called "dry-sewers" in conformity with specifications of the Greenfield Department of Public Works in any street where, in its estimation, sanitary sewers may become accessible within a period of 10 years.

Water. 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 and requirements issued by the Greenfield Department of Public Works. Where, in the opinion of the Greenfield Department of Public Works, existing water mains are not reasonably accessible, the plan may be approved without provision of street water lines, provided that:

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

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

Stormwater and drainage.[1]

Stormwater and drainage systems shall be constructed in conformity with the stormwater specifications issued by the Greenfield Department of Public Works and require the submittal of a stormwater management plan.

Proposed stormwater detention basins shall be located on a separate lot(s) and not be included as part of a building lot, and shall be deeded to the Town if the street(s) is accepted as a public way in accordance with § 550-45E.

All detention basins, drainage swales, level spreaders, and drainage outflows shall be constructed and stabilized with vegetation or erosion control matting prior to the construction of approved roads. Inspections during and after construction by the Department of Public Works shall take place to ensure conformance to Town regulations and specifications.

Editor's Note: See also Ch. 381, Stormwater Management.

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

Grass plots and trees.

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 and seeded.

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

Where, in the opinion of the Planning Board, existing or proposed tress on the adjacent lot are not adequate, two or more trees per lot may be required. No trees shall be planted in the grass plot between the sidewalk area and gutter. Species, size, location, and planting procedure for such trees shall conform to the current practice of the Town in planting roadside trees.[2]

Editor's Note: See Ch. 400, Trees.

Construction entrances. A temporary mud tracking bed (construction entrance) shall be put in place at each site entrance and shall consist of a four-inch minimum layer of 2 1/2 inches to four inches of crushed stone and shall be 30 feet in length and 15 feet wide. This bed shall be maintained during construction to prevent tracking or flowing of sediment onto the public right-of-way and shall be removed prior to the placement of gravel base and pavement.

§ 550-45 Performance guarantees.

Guarantee required; relationship to cost.

MGL c. 41, § 81U requires that no definitive plan shall be endorsed by the Planning Board until the applicant has guaranteed the construction of all required improvements within the subdivision as shown on the definitive plan. This guarantee may be provided by a proper bond (§ 550-45B), by a deposit of money or negotiable security (§ 550-45C), by a covenant (§ 550-45D), by a lender's agreement (§ 550-45E), or by any combination thereof.

The penal sum of any such bond held under § 550-45B or any deposit held under § 550-45C or any amount of funds retained pursuant to an agreement under § 550-45E shall bear a direct and reasonable relationship to the expected cost, including the effects of inflation, necessary to complete the subject work. Such amount or amounts shall, from time to time, be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed.

The developer is to provide the Town with a satisfactory performance guarantee within 60 days after the twenty-day appeals period has expired, and upon acceptance of guarantee the plan will be endorsed within 60 days by the Planning Board.

Final approval with bonds.

The subdivider shall file a proper bond, sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal services as specified in § 550-44, and as are required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

Such bond shall be approved as to form and manner of execution by the Town Attorney; shall be contingent on completion of the construction of ways and the installation of municipal services within a period to be agreed to and specified by the Planning Board and applicant, and shall be deposited with the Town Treasurer.

Final approval with deposit of money or negotiable securities.

The subdivider shall file a deposit of money or negotiable securities, sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and installation of municipal services, as specified in § 550-44, and as are required for lots in the subdivision shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

Such deposit of money or negotiable securities shall be approved as to form and manner of execution by the Town Treasurer, shall be contingent on completion of the construction of ways and the installation of municipal services within a period to be agreed upon by the Planning Board and the applicant, and shall be deposited with the Town Treasurer.

Final approval with covenant.

The subdivider shall file a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided as specified in § 550-44, 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 covenant which provides that no lot shall be built upon until such ways and services have been provided to service such lot, and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed.

Such covenant shall be approved as to form and manner of execution by the Town Attorney and shall be contingent on completion of the construction of ways and the installation of municipal services within a period to be agreed upon by the Planning Board and the applicant.

Final approval with lender's agreement.

The subdivider shall file with the Planning 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 Planning Board and otherwise due the applicant, to secure the construction of ways and installation of municipal services, as specified in § 550-44.

Said agreement shall also provide for a schedule of disbursements which may be made 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. Such agreement shall be approved as to form and manner of execution by the Town Attorney and shall be contingent on completion of the construction of ways and the installation of municipal services in accordance with the schedule of disbursements which shall be approved by the Planning Board prior to execution of the agreement.

Release of performance guarantee.

Upon the completion of the construction of ways and the installation of municipal services in accordance with the rules and regulations of the Planning Board, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant shall submit a completed Form O stating that the construction or installation in connection with which such bond, deposit, or covenant has been given has been completed in accordance with said rules and regulations. Along with the Form O, the applicant shall also submit two copies of as-built plans in an electronic format acceptable to the Department of Public Works and one Mylar. The applicant shall also send by registered mail to the Town Clerk and the Planning Board a written statement that the construction or installation in connection with which such bond, deposit, or covenant has been given has been completed in accordance with said rules and regulations, such statement to contain the address of the applicant. If the Planning Board determines that said construction or installation has been completed, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged, which may be recorded.

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

§ 550-46 Administration.

Variation. Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. In waving strict compliance, the Board may require such alternative conditions as will serve substantially the same objective as the standards or regulations waived.

Appeals. Appeals may be taken to the Superior Court in accordance with MGL c. 41, § 81BB.

Administrative fees (nonrefundable).[1]

Fees for the various reviews listed in the following schedule are set by the Planning Board:

	Subdivision Control
	Endorsement by Planning Board (ANR Form A)
	Preliminary Plan (Form B)
	Definitive Plan (Form C)
	Amendment/Revision to a Definitive Plan
	Inspection Fee

Such fees are to be paid in the form of a certified check made out to the "Town of Greenfield" and are to be received at the beginning of the review period.

An additional fee in an amount set by the Planning Board will be charged to cover extra time spent by Town departments such as Engineering, DPW, Board of Health and Department of Planning and Development, if required, to review preliminary or final plans beyond five hours for either plan review.

All expenses for notification of abutters, legal notice advertising, and recording of plans shall be paid for directly by the applicant.

Other costs.

The services of an outside consultant may be obtained by the Planning Board to review and advise the Board on the applicant's proposed project. All reasonable expenses incurred by the Board for such review shall be paid by the applicant. The Planning Board shall notify the applicant in writing of the estimated costs for the review. The review fees shall be paid by the applicant within 10 days of receipt of the notification. The review fees shall be held by the Town Treasurer in a separate account. The Board may request additional funds if needed to cover the cost of outside review in the same manner as above. Failure by the applicant to make timely payments shall be adequate reason to deny the application.

The selection of an outside consultant may be appealed to the Office of the Mayor. Such appeals are limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications consist of either an educational degree in the field at issue or a related field, or three or more years of practice in the field at issue or a related field. The required time limits for action upon an application by the Planning Board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Office of the Mayor within one month following the filing of the appeal, the selection made by the Planning Board shall stand.

Any excess amount in review fees paid by the applicant, including any accrued interest, at the completion of the project shall be repaid to the applicant or to the applicant's successor in interest, and a final report on expenditures made from the fees shall be made available.

Editor's Note: Amended during codification.

Submission of road to Town to consider acceptance as public way. Once the road(s) and associated public utilities are completed and the developer desires to submit it for consideration for acceptance as a public way by the Town, the following procedure shall be followed:

The developer of a subdivision road shall submit a completed certificate of completion (Form O) to the Planning Board for approval and release of the performance guarantee.

The developer or petitioner shall file a written petition to the Town Council requesting that the road be laid out and accepted as a public way. The petition shall include:

A legal description of the public way, easements, and any other documentation to be considered.

A list of names and addresses of abutters, utility companies, banks holding mortgages, and the developer/owner.

A Mylar plan of the roadway layout and three paper copies.

The plan shall be prepared to the following specifications:

Scale of one inch equals 40 feet.

Must be prepared in accordance with the Franklin County Registry of Deeds Plan Regulations.

No larger than 24 inches by 36 inches.

Three-Fourth-Inch Boundary.

Three-and-one-half-square-inch space reserved for Registry use.

Only one proposed street to be shown per sheet.

Match lines to be used if a street is to be shown on more than one sheet.

Title block to be:

Street Acceptance Plan of

(name of street)

Town of Greenfield, Mass. Franklin County

Date plan was prepared.

The plan should be stamped by a registered land surveyor.

(h)

Reserved spaces for:

(name of street) is part of the (name) subdivision approved by the Planning Board on (date) and recorded in the Franklin County Registry of Deeds book _____ page _____, (or) (name of street) is a way in existence which has been recommended by the Planning Board on (date) for acceptance as a public way.

Planning Board endorsement that Approval is Not Required.

Laid out by Town Council (date and signature).

[4]

Filed in Town Clerk's office (date and attest by Town Clerk).

One copy of the petition and all required information shall be submitted to the Planning Board and the Town Engineer at the time of submittal to the Town Council.

The Town Council votes its intention to consider laying out the road as a public way. The vote becomes a public record and the Town Council refers the petition to the Planning Board for a nonbinding recommendation and report.

The Planning Board shall have 45 days after it receives the referral to make a report and recommendation to the Town Council. Failure by the Planning Board to make a recommendation will be construed as no opposition to acceptance of the road as a public way. The petition shall also be referred to the Town Engineer for recommendation.

(7)

After receipt of the Planning Board's recommendation or after 45 days have lapsed with no recommendation, the Town Council shall hold a public hearing. Notice of such hearing and any viewings shall be published in a local newspaper and shall be sent by certified mail to all abutters, utility companies, banks holding mortgages, and the developer at least seven days prior to the date of the hearing. A copy of the notice shall also be sent to the Planning Board, Town Engineer, and Town Clerk. The notice shall include a description of the layout; the date, time and place of the hearing; and the location where the plans may be reviewed.

(8)

After the close of the public hearing, the Town Council may vote to accept the layout of the road as a public way. A majority vote of the Town Council is required for acceptance.

(9)

The vote to accept the private road as a public way shall be presented to the Mayor for approval. If the Mayor does not act within 10 days following the date it was presented, the vote is approved. If the vote is disapproved by the Mayor, the Town Council shall consider the same measure within a time period from 10 days to 30 days after the veto is returned to the Council. A two-thirds vote of the Council is required to override the veto.

(10)

If approved, the Town Council shall submit a report to the Town Clerk specifying the manner in which the way was laid out and shall include a description of the location and bounds of such way.

(11)

The Town Clerk shall record the report in a book kept for that purpose within 10 days of receipt.

(12)

If approved, the Town Council shall acquire the necessary land for the road layout by accepting a deed from the owner(s) of fee simple in the way and by a taking of the land by eminent domain the fee simple in the way. The taking must be done by a two-thirds vote of the Town Council.

(13)

The plan and legal description shall be recorded in the Franklin County Registry of Deeds by the Town Council once all other proceedings have been finalized.

(14)

Other conditions.

The developer or petitioner shall be responsible for the cost of preparing all plans, public hearing notices (mailings and legal advertisement), and recording of documents/plans at the Registry of Deeds.