Town of Middleborough, MA
Plymouth County
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[HISTORY: Adopted by the Panning Board of the Town of Middleborough 2-17-1966; amended 7-1975; 10-1985; 1-27-1987; 11-12-1991; 6-24-2008; 6-9-2020. Subsequent amendments noted where applicable.]
(Adopted under the Subdivision Control Law, MGL c. 41, §§ 81K to 81GG)
Editor's Note: Forms referenced throughout this chapter are on file in the Planning Board offices and available on its website. Construction Schedules (diagrams) and the Fee Schedule are included as attachments to this chapter.
A. 
Purpose. The Subdivision Control Law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of Ways in Subdivisions providing access to the several Lots therein, but which have not become public Ways, and ensuring sanitary conditions in Subdivisions and in proper cases parks and open areas. The powers of a Planning Board and of a Board of Appeals under the Subdivision Control Law shall include, but not be limited to, and shall be exercised with due regard for, the provision of adequate access to all of the Lots in a Subdivision by Ways that will be safe and convenient for travel; for lessening congestion in such Ways and in the adjacent public Ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or by-laws; for securing adequate provision for water, sewerage, drainage, and other requirements where necessary in a Subdivision; and for coordinating the Ways in a Subdivision with each other and with the public Ways in the city or town in which it is located and with the Ways in neighboring Subdivisions. It is the intent of the Subdivision Control Law that any Subdivision plan filed with the Planning Board shall receive the approval of such Board, if said plan conforms to the recommendation of the Board of Health and to the reasonable Rules and Regulations of the Planning Board pertaining to Subdivisions of land; provided, however, that the Planning Board may, when appropriate, waive, as provided for in MGL c.41, § 81R, such portions of the Rules and Regulations as is deemed advisable. (See MGL c.41, § 81M.)
B. 
Authority. Under the authority vested in the Planning Board of the Town of Middleborough by MGL c. 41, § 81Q, said Board hereby adopts these Rules and Regulations governing the Subdivision of land in the Town of Middleborough.
A. 
Definitions.
APPLICANT
A Person (as hereinafter defined) who applies for the approval of a plan of a Subdivision or a Person who applies under Section III. "Applicant" shall include an Owner, or their agent or representative, or their assigns.
BASE FLOOD ELEVATION
The level of flooding having a 1% chance of being equaled or exceeded in any given year, as designated on the most recent Federal Emergency Management Agency (FEMA) maps, or, in the absence of such designation, to be determined by the Designer per FEMA requirements, based upon the best available information regarding flood hazards, including any available United States Geologic Survey, Soil Conservation Service, and Corps of Engineers studies.
BENCHMARK
A mark made in a durable object of known position and elevation as a referenced point.
BIKEWAY
A Way designed to be used principally or exclusively by a bicycle or similar unpowered vehicle.
BOARD
The Planning Board of the Town of Middleborough.
BRIDLE PATH
A Way designed to be used principally or exclusively for equestrian purposes.
CERTIFIED BY
Certified by (or endorsed by) the Planning Board, as applied to a plan or other instrument required or authorized by the Subdivision Control Law to be Recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Planning Board. (See MGL c. 41, § 81L.)
CONSERVATION RESTRICTION
A right, either in perpetuity or for a specified number of years, whether or not stated in the form of a restriction, Easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the Owner of the land or in any order of taking, appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, farming or forest use, to permit public recreational use, or to forbid or limit any or all (a) construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground; (b) dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; (c) removal or destruction of trees, shrubs or other vegetation; (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such manner as to affect the surface; (e) surface use except for agricultural, farming, forest or outdoor recreational purposes or purposes permitting the land or water area to remain predominantly in its natural condition; (f) activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation; or (g) other acts or uses detrimental to such retention of land or water areas. (See MGL c. 184, § 31.)
DESIGNER
A Professional Civil Engineer, Landscape Architect, or a Land Surveyor registered by the Commonwealth of Massachusetts Division of Professional Licensure, and in good standing, to practice in Massachusetts, or a Person working under the direct supervision of such aforementioned professionals.
DEVELOP
To construct a street, install utilities, erect a house or other structure, or in any way to substantially improve a Lot.
DEVELOPER
A Person (as hereinafter defined) who develops a Subdivision under a plan of a Subdivision approved pursuant to Section III of these Rules and Regulations.
EASEMENT
A right acquired by public authority or other Person to use or control property for a utility or other designated public or private purpose. Not a Conservation Restriction.
GENERAL LAWS
(Abbreviated MGL) The General Laws of Massachusetts, Tercentennial Edition, and as the same may be amended.
LOT
An area of land in one ownership with definite boundaries used, or available for use, as the site of one or more buildings. (MGL c. 41, § 81L)
LOT AREA
The horizontal area of the Lot exclusive of any area in a street or Recorded Way open or proposed to be open to public use.
MONUMENT
A permanent marker to indicate a boundary.
MUNICIPAL SERVICES
Public infrastructure, including, but not limited to, sewers, water drains, water pipes, gas pipes, overhead and underground electrical lines, fire alarm system, similar systems and their respective appurtenances.
OPEN SPACE
Land not covered by buildings, roads, driveways, sidewalks, parking areas, loading areas, service yards or other improvements. Open space shall include, without limitation,
1. 
The buffer zones provided herein;
2. 
Any wetlands, marshes, meadows, Swamps, creeks, streams and ponds as defined in MGL c. 131, § 40 (provided that the Applicant is not hereby prevented from doing any work in such areas as is permitted by the Middleborough Conservation Commission pursuant to said Act);
3. 
Protected land under a Conservation Restriction, Preservation Restriction, or Agricultural Preservation Restriction;
4. 
Protected land under Article 97, owned by the Town under Conservation, Non-Profit or State land protection entity, such as Department of Conservation and Recreation or Department of Fish and Game, etc.;
5. 
Land that is prioritized as potential Open Space protection in the Open Space and Recreation Plan;
6. 
Any other protected natural areas.
OWNER
As applied to real estate, the Person(s) holding the ultimate fee-simple title to a parcel, tract or Lot of land, as shown by the record in the Land Registration Office, Registry of Deeds or Registry of Probate.
PERSON
An individual, or two or more individuals or a group or association of individuals, a partnership, trust or corporation having common or undivided interests in a tract of land.
PLAN, DEFINITIVE
The plan of a Subdivision as duly submitted with appropriate application to the Board for approval, to be Recorded in the Registry of Deeds or filed with the Land Court when approved by the Board, and such plan when approved and Recorded; all as distinguished from a Preliminary Plan.
PLAN, PRELIMINARY
A plan of a proposed Subdivision or a re-Subdivision of land prepared in accordance with Section III.B to facilitate proper preparation of a Definitive Plan.
PLANNING BOARD AGENT
Town employee or consultant authorized by the Board to review Subdivisions and administer the regulations.
PRIVATE UTILITIES
This term shall include, but not be limited to, telephones and cable television, whether installed on, above or beneath the surface of the ground.
PUBLIC UTILITIES
This term shall include, but not be limited to, sanitary sewers, surface water drains and water pipes and their appurtenances, gas lines, overhead and underground electrical lines, and fire alarm systems which may become the property or responsibility of the Town and/or the Middleborough Gas and Electric Department.
RECORDED
Recorded in the Registry of Deeds of Plymouth County, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court. (MGL c. 41, § 81L)
ROADWAY
That portion of a Way which is designed and constructed for vehicular travel.
SIDEWALK
A Way within the right-of-way of a street, normally parallel to the street, designed for use by pedestrians.
STANDARD SPECIFICATIONS
"The Commonwealth of Massachusetts, Department of Public Works, Standard Specifications for Highways and Bridges," 1988 edition, as amended by all supplemental specifications.
STREET, COLLECTOR
A street which carries traffic equivalent to that generated by 25 dwelling units or more, or which serves property either used or zoned for commerce or industry.
STREET, DEAD-END
Any street, group or extension of streets, which has only one means of access and is serving no more than 12 Lots.
STREET, LANE
A street which carries traffic equivalent to that generated by 10 or fewer dwelling units, which has no abutting property either used or zoned for commerce or industry, and which is not capable of extensions.
STREET, MINOR
A street which carries traffic equivalent to that generated by more than 10 but fewer than 25 dwelling units, which has no abutting property either used or zoned for commerce or industry, and which is not capable of extension to serve more than 25 dwelling units.
SUBDIVISION
The division of a tract of land into two or more Lots and shall include re-Subdivision, and, when appropriate to the context, shall relate to the process of Subdivision of the land or territory subdivided. Conveyances or other instruments adding to, taking away from, or changing the size and shape of, Lots in such a manner as not to leave any Lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing on February 17, 1966, into separate Lots on each of which one of such buildings remains standing, shall not constitute a Subdivision (MGL c. 41, § 81L); provided, however, that 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 a frontage on (a) a public Way, or a Way which the Town Clerk of the Town of Middleborough certifies is maintained and used as a public Way; or (b) a Way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law; or (c) a Way in existence February 17, 1966, 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 as well as other dimensional requirements shall be of a least such distance as is then required by the current Zoning By-law.
SUBDIVISION CONTROL
The power of regulating the Subdivision of land granted by the Subdivision Control Law, Chapter 41, §§ 81A through 81GG, inclusive, as hereinafter amended.
SWAMP
See "Wetland Resource Area."
TOWN
Town of Middleborough.
WALKWAY/HIKER/BIKER TRAIL
A Way designed for use by pedestrians, not necessarily parallel to a street.
WAY
A Way is synonymous with the terms "road," "street," "highway" and "avenue" and shall denote any such line or route for passage, whether public or private. The width of a Way shall be the width of the strip of land laid out, designated, acquired and/or dedicated for the use of such Way. Such width includes the spaces for vehicular travel, sidewalks, edgestone and planting spaces where required.
WETLAND RESOURCE AREA
See MGL c. 131, § 40, of the Wetlands Protection Act. Any natural or man-made stream, pond, lake, wetland, coastal wetland, Swamp, or other body of water, and shall include wet meadows, marshes, Swamps, bogs, and areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year. Swamp shall mean areas where groundwater is at or near the surface of the ground for a significant part of the growing season, of where runoff water from surface drainage frequently collects above the soil surface.
B. 
Approved plan required. No Person shall make a Subdivision, within the meaning of the Subdivision Control Law, of any land within the Town, or proceed with the improvement for sale of Lots in a Subdivision, or the construction of Ways, or preparation therefor or the installation of utilities and Municipal Services therein, unless and until a Definitive Plan of such Subdivision has been submitted and approved by the Board as hereinafter provided.
C. 
Owner's title affidavit. A copy of an affidavit filed by the Owner, clearly stating that the title to the premises shown on said plan and appurtenances thereto are in the name of the Applicant and free of all encumbrances or with encumbrances as set forth, shall be provided as part of the submission package to the Board.
D. 
Source of information required. In those cases in which the land shown on the plan is abutted by land of an Owner, who is not the Owner of the land as shown, the Board will require a statement from the Surveyor who prepared the plan as to the source or sources of the information about the location of boundaries, including all plan and deed references. A separate form for such statement will be furnished by the Board (See Form D, Designer's Certificate).
E. 
More than one building for dwelling purposes on Lot. Not more than one building designed or available for use for dwelling purposes shall be erected or placed on any Lot in a Subdivision. Such consent may be conditional upon the providing of adequate Ways furnishing access to each site for such building.
F. 
Filing fees. See Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
G. 
Consultant fees. The fees of any professional consultants engaged by the Board to evaluate and provide information on Subdivisions, Master Permits or Special Permits shall be borne by the Applicant, including construction phase as well as additional consulting fees, if warranted by the Board. Costs incurred by the Board's Agent to provide Engineering Review on Subdivisions, Master Permits or Special Permits shall be borne by the Applicant, including construction phase. This fee shall be paid by separate check or other acceptable method of payment.
H. 
Other costs and expenses. The Applicant is responsible for preparing notices to abutters by mail using a Certificate of Mailing, delivering them to the Board's Agent not less than 10 days before the date of the hearing. The prepared notices shall then be verified by the Planning Board or its Agent. All other expenses, including, without limitation, Certificate of Mailing, recording fees and filing fees for documents, and cost for sampling and/or testing required by the Board or its agent, shall be paid solely by the Applicant.
I. 
Payment. All applications shall be accompanied by either a check payable to the order of the Town of Middleborough or payment shall be made via an alternate acceptable method of payment. Applications will not be deemed complete until the full amount of the filing fee has been received.
All payments must be made within 30 days of billing. All payments must be made prior to the final endorsement of plans.
A. 
Plan believed not to require approval.
1. 
Submission of plan. Any Person who wishes to cause to be Recorded in the Registry of Deeds or to be filed with the Land Court a plan of land, and who believes that said plan does not require approval under the Subdivision Control Law, may submit, by hand delivery, or other acceptable form of submission, the required filing fee, Mylar plan and three full-size sets and six reduced size (11" x 17") sets of contact prints thereof and two copies of a properly executed Form A Application to the Board accompanied by the necessary evidence to show that the plan does not require approval. In addition to the paper copies, a properly formatted PDF of the plans and other documents shall be electronically submitted via email or other file sharing website, i.e., Dropbox. Electronic submission process must be coordinated with Planning Office. The plans, including submissions made by mail, shall not be deemed to be submitted until receipt has been acknowledged by the Board date stamp on each copy of the Application form. The Board shall file, by hand delivery, a notice with the Town Clerk stating the date of submission to the Board for such determination accompanied by a copy of said date-stamped application. Any plan determined to not completely satisfy Section III.A.2 contents shall be deemed not to have been submitted. Such plan shall be returned to the Applicant, and a notice of the Board's determination sent to the Town Clerk. When brought into conformity with the requirements of Section III.A.2, such plan may be resubmitted and will be considered without prejudice. The official "date of submission" is the date, as stamped by the Town Clerk, on the received Application.
2. 
Contents. Said plan shall be legibly drawn in accordance with the Rules and Regulations of the Registry of Deeds, Chapter 36, Section 13A, as amended, pertaining to plan size, material, lettering and related requirements. The plan scale shall preferably be 40 feet to the inch or such other scale as the Board may accept and contain the following:
a. 
Identification of the plan by name of Owner of record and location of the land in question, the scale, North point and date.
b. 
The statement "Approval Under Subdivision Control Law Not Required" and sufficient space for the date and the signatures of all members of the Board. The actual number of signatures will be as required by MGL. The Endorsement/signature block shall be located along the right edge of the drawing toward the bottom.
c. 
Zoning classification and location of any zoning District Boundaries that may lie within the locus of the plan.
d. 
In the case of the creation of a new Lot, the remaining land area and frontage of the land in the ownership of the Applicant shall be shown.
e. 
Notice of any decisions by the Zoning Board of Appeals, including, but not limited to, variances and exceptions, regarding the land or any buildings thereon shall be provided with the Application and referenced on the plan. The supporting plans and documents associated with the Zoning Board of Appeals decision, whether Recorded or otherwise at the Plymouth County Registry of Deeds or not, must also be provided.
f. 
Names of abutters from the most-recent local tax list unless the Applicant has knowledge of any changes subsequent to the latest available Assessor's records.
g. 
Names and status of streets (private or public) and Ways shown on the plan.
h. 
Bearings and distances, where appropriate, of all lines of the Lot or Lots shown on the plan.
i. 
Location of all existing buildings, including setback and side and rear yard designations.
j. 
Location of all bounds, Wetland Resource Area, fences, and walls.
k. 
Locus map at the same scale as the Zoning Map.
l. 
Area of land satisfying Lot Area requirements per the current Zoning.
m. 
Upland Circle (per Chapter 275 Zoning, Section 4.2.4).
n. 
Completed ANR/Form A Checklist.
3. 
Endorsement of plan not requiring approval.
a. 
If the Board determines that the plan does not require approval, it shall, without a public hearing, and within 21 days of the official date of submission, endorse the plan.
b. 
The Board may add to such endorsement a statement of the reason approval is not required. The Mylar plan shall be returned to the Applicant, and the Board shall also notify the Town Clerk in writing of its action.
4. 
Determination that plan requires approval. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within 21 days of the official date of submission of the plan, so inform the Applicant in writing and return the Mylar plan. The Board shall also notify the Town Clerk in writing of its action.
5. 
Failure of Board to act. If the Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the Person submitting the plan of its action within 21 days after its official date of submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required, and it shall forthwith make such endorsement on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect.
B. 
Preliminary Plan.
1. 
Submission of a Preliminary Plan.
a. 
A Preliminary Plan of a Subdivision may be submitted by the Applicant. The Preliminary Plan, three full size sets and six reduced size (11" x 17") sets of prints of it, the completed Form B application documents and the minimum filing fee (see Appendix A) shall be filed with the Board. In addition to the paper copies, a properly formatted PDF of the Preliminary Plan, Form B application and other supporting documents shall be electronically submitted via email or other file sharing website, i.e., Dropbox. Electronic submission process must be coordinated with Planning Office. The Preliminary Plan, including any submissions made electronically or by mail, shall not be deemed to be submitted until receipt has been acknowledged by the Board date stamp on each copy of the Application form. The Board shall file by hand delivery a notice with the Town Clerk stating the date of submission to the Board for such approval of a Preliminary Plan accompanied by a copy of said receipted and a properly executed application Form B. The official "date of submission" of the Preliminary Plan is the date, as stamped by the Town Clerk, on the receipted Application.
b. 
The subdivider, the Board, the Board of Health, the Conservation Commission, the DPW Director/Engineer, the Police Department, the Fire Department, the Middleborough Gas and Electric Department, and other Town agencies and Owners of property abutting the Subdivision, shall have a forty-five-day time period, from the date of the submission, to discuss and clarify the details of such Subdivision before a Definitive Plan is prepared. It is strongly recommended that a Preliminary Plan be filed in each case and that the Applicant coordinate with the above-listed Municipal Departments to have comments submitted to the Board. The Applicant shall be fully responsible for delivering a copy of the Preliminary Plan to the above-noted agencies and provide a completed and signed Form Q to the Board within three days of the submittal to the Planning Office. A properly executed Form B. Application for Approval of a Preliminary Plan, Form D. Designers Certificate, and Form D-1, Land Surveyor's Certificate, shall be filed with the Preliminary Plans being submitted to the Board.
c. 
Any plan determined to not completely satisfy Section III.B.2, contents shall be deemed not to have been submitted. Such plan shall be returned to the Applicant, and a notice of the Board's determination sent to the Town Clerk. If brought into conformity with the requirements of Section III.B.2 contents, such plan may be resubmitted and will be considered without prejudice.
2. 
Contents. The Preliminary Plan shall be drawn on a reproducible substance at a suitable scale, preferably 40 feet to the inch with a 24" x 36" sheet size. The Applicant's Engineer or Surveyor must certify on Form M-1 (Control Form and Preliminary Plan Checklist) that the content being presented on the Preliminary Subdivision Plan is complete. The plan shall be designated as a "Preliminary Plan" and form a clear basis for discussion of the details of the Subdivision and for preparation of the Definitive Plan. The plan shall contain the following:
a. 
The Subdivision name, if any, boundaries, North point, date, scale, legend and title "Preliminary Plan."
b. 
The locus of the land shown on the plan with sufficient information to accurately locate the land on the plan. The locus plan shall also be at the same scale as the Zoning Map.
c. 
The existing and proposed lines of streets, Ways, Easements and any public or common areas within the Subdivision, in a general manner.
d. 
Major features of the land such as water bodies and natural waterways as well as available wetland resource areas, buffer zones, riverfront areas, floodplains, WRPD Zones, DEP Surface Water Protection Zones, Outstanding Resource Waters and MA Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program mapping.
e. 
A general description of the type of surface drainage in a general manner, including adjacent existing natural waterways.
f. 
The approximate boundary lines of proposed Lots, with Lot numbers, approximate areas and dimensions.
g. 
The names, approximate location, and pavement widths of adjacent streets, and of streets approaching or within reasonable proximity of the Subdivision, including the classifications of the adjacent streets.
h. 
The topography of the total project area with a five-foot or less contour interval.
i. 
Letter designation of the proposed streets in lieu of names.
j. 
The zoning classification of land shown on the plan and the location of any zoning district boundaries, including any overlay zoning districts, FEMA flood hazard risk zones and any "Well" or "Well Development Area."
k. 
Easements and rights-of-way applicable to the area shown on the plan.
3. 
Approval of a Preliminary Plan. The Board, within 45 days, and after a presentation by the Applicant, may require further review by staff, or may give such Preliminary Plan an approval, with or without comments or suggestions, after the Board's review, and, at the Board's option, review with the Board of Health, the Conservation Commission, the DPW Director/Engineer, the Police Department, the Fire Department, the Middleborough Gas and Electric Department, and other Town agencies. Such approval of a Preliminary Plan does not constitute approval of a Subdivision, and the action of the Board on such Preliminary Plan shall not prejudice its action on the Definitive Plan. The Board shall issue a formal letter for the approval of the Preliminary Plan, which will be sent to the Town Clerk and to the Applicant. Approval shall be effective for seven months from the official date of plan submittal or until a Definitive Plan evolving from the approved Preliminary Plan is filed, whichever comes first.
4. 
Disapproval of a Preliminary Plan. In the event of disapproval of a Preliminary Plan, the Board shall issue a formal letter to the Town Clerk and the Applicant and shall state the reasons for its disapproval in accord with MGL c. 41, § 81U.
C. 
Definitive Plan.
1. 
Submission of a Definitive Plan.
a. 
General. The Subdivision Rules and Regulations and the Zoning By-Law in effect at the time of the submission of the Preliminary Plan shall govern the Definitive Plan, if said Definitive Plan is submitted within seven months of the effective date of the filing of the Preliminary Plan. If a Preliminary Plan has not been submitted, the Subdivision Rules and Regulations and the Zoning By-Law in effect at the time of the submission of the Definitive Plan to the Board shall govern the Definitive Plan until final action has been taken by the Board or the time for such action has elapsed.
b. 
Filing procedure. Any Person who submits a Definitive Plan of a Subdivision to the Board for approval shall file with the Board all items required in Sections III.C.1 and III.C.2 of this Section and the minimum filing fee (See Section II for a Definitive Plan to be "duly submitted" in accord with these Rules and Regulations and the General Laws of Massachusetts). Such submission shall be made to the Board. In addition to the paper copies, a properly formatted PDF of the Definitive Plan, Form C application and other supporting forms, reports and documents shall be electronically submitted via email or other file sharing website, i.e., Dropbox. Electronic submission process must be coordinated with Planning Office. The Definitive Plan, including any submissions made electronically or by mail, shall not be deemed to be submitted until receipt has been acknowledged by the Board date stamp on each copy of the Application form. The Board shall file, by hand delivery, a notice with the Town Clerk stating the date of submission to the Board for such approval of a Definitive Plan accompanied by a copy of a properly executed and said receipted application Form C Application for approval of Definitive Plan. The official "date of submission" of the Definitive Plan is the date, as stamped by the Town Clerk, on the receipted Application.
c. 
The Definitive Plan drawing set shall be properly bound and three full-size sets and six reduced-size (11" x 17") sets of contact prints thereof, dark line on white background, included with the application package. The original Mylar drawings will not be required with the application submission. Where Wetland Resource Areas are involved on a Definitive Plan, the Applicant must file a copy (not a formal permit application) of their Definitive Plan with the Middleborough Conservation Commission simultaneously with the filing of the Definitive Plan with the Board. A dated and signed receipt of said submission (Form Q) must be provided to the Board. A final decision by the Board will be forthcoming only after the Applicant has obtained a report from the Conservation Commission stating that the basic location of the Roadway layout can be built without being in violation of the Wetland Protection Act, MGL c. 131, § 40. This provision does not require the issuance of formal permits from the Conservation Commission (or DEP) prior to the approval of the Definitive Subdivision Plan. Simultaneously, a complete set of prints of the Definitive Plan drawings are to be submitted to the Board of Health (per Section III.D, Procedure, Subsection 1), Department of Public Works, Building Inspector, Selectmen, Police Department, Fire Department and Middleborough Gas and Electric Department by the Applicant. A dated and signed receipt of said submissions (Form Q) must be provided to the Board within three days of the Form C submittal.
d. 
A properly executed application Form C Application for approval of a Definitive Plan shall be submitted along with; Form D, Designer's Certificate; or Form D-1, Land Surveyor's Certificate; and Form E, Certified List of Abutters. It is to be clearly noted that the approval of all plans shall be upon the condition that all Ways shown thereon and Public Utilities required by the Board shall be completed and installed.
e. 
The Definitive Plan shall be prepared by a Project Team which shall include a Professional Civil Engineer (PE) and a Registered Land Surveyor (RLS) registered in Massachusetts and Professional Personnel of other disciplines, as specified in applicable sections of these Rules and Regulations. A Definitive Plan, at a minimum, shall contain the following:
(i) 
The classification and precision of surveys shall conform to Class A or better of the most-recent Land Court Manual of Instructions, Commonwealth of Massachusetts. It is recommended that all other survey and Definitive Plan preparation, where not herein specified, be guided by the Manual of Instructions.
(ii) 
The plan shall be at a scale of one inch equals 40 feet horizontal or such other scale as the Board may accept to show details clearly and adequately.
(iii) 
Sheet sizes shall not be greater than 24" x 36", including a 3/4-inch border.
(iv) 
All plans shall be accompanied by a plat of the project locus and a facsimile of a one-square-mile section of the current Zoning Map at the same scale showing the relation of the Subdivision to the Zoning District(s), highway and major streets in the Town. All approved definitive submissions will be required to provide a properly formatted final PDF electronic copy in addition to a four-mil Mylar Lot layout plan, scale one inch equals 200 feet for rural areas and one inch equals 80 feet for urban areas, suitable for incorporation into Town's Assessor's and GIS Maps.
(v) 
All plans involving multiple sheets shall be accompanied by a Title Sheet and Key Map.
(vi) 
The title block and signature space shall be drawn as shown on Schedule A and Schedule A-1.
(vii) 
A note shall be added to all plans as follows: "Plans subject to Covenants, conditions and restrictions set forth in a Covenant(s) Date (blank) to be Recorded herewith."
(viii) 
All plans involving multiple sheets shall contain a location plan showing the entire Subdivision layout at a suitable scale. The location plan shall show the entire Subdivision layout, adjacent streets, if any, or streets within a reasonable distance, sufficient to identify the location and the access to the land, and shall be shown on the Title Sheet.
2. 
Contents. The Applicant's engineer or surveyor must certify on Form M-2 that the submission is complete. The Definitive Plan, at a minimum, shall contain the following information:
a. 
A title, appearing in the lower right-hand corner of each sheet, showing the name of the Subdivision, if any; the date; scale; North arrow; the names and seals of the Designer; engineer and surveyor who made the plan. The approval/signature block shall also be located along the right edge of the drawing toward the bottom. See Schedule A-1.
b. 
North point, whether true or magnetic, and so indicated, and the exterior boundaries of the Subdivision indicated by light shading.
c. 
Location and ownership of abutting property as it appears on Form E, Certified List of Abutters, including all abutting land owned by the Applicant not presently being subdivided.
d. 
Major features of the land, such as existing waterways, Wetland Resource Area and water bodies, natural drainagecourses, walls, fences, buildings, wooded areas, wooded areas to be preserved, outcroppings and ditches which exist on or near the site at the time of survey. Where available, aerial photographs may be required. The limits of any Wetland Resource Area, including vegetated wetlands, wooded Swamp, meadow, bog or marsh shall be established in the field by a qualified professional (Wetland Scientist) and shall be mapped through a field survey of the professional's markings and shown on the plan. The limits of any Natural Heritage and Endangered Species Habitat (NHESP) mapped habitat, on or near the site.
e. 
Lines of existing and proposed streets, Ways, Lots, Lot numbers of each Lot designated numerically in sequence, existing and proposed Easements, the location of the U.S. Postal Service cluster box unit (CBU) and public or common areas within the Subdivision. The letter designation of proposed streets shall be shown as a temporary placeholder designation until the final names are established.
f. 
Sufficient data to determine the exact location, direction and length of every street and Way line, Lot line and boundary line, and to establish these lines on the ground. This shall include the lengths and bearings of plan and boundary lines of all Subdivision Lot lines, including Lot frontage on the streets, of the radii, tangents, lengths of arcs and central angles of all curves in Lot lines and street lines. All angle points, or changes in directions along the street lines, shall be shown. Areas of Lots with Lot numbers and the area and frontage on public Ways as set forth in MGL c. 41, § 81L, of adjoining lands of the Applicant not included in the Subdivision shall be shown.
g. 
Street and Lot closure computations for all streets and Lots proposed within the Subdivision and the overall Subdivision land shall be submitted with the Definitive Subdivision Plans. The closure computations shall bear the original wet ink stamp and signature of the registered professional land surveyor responsible for the boundary and lotting plan.
h. 
Location of all monuments properly identified as to whether they are existing or proposed, including capped iron pipes.
i. 
Location, names, classification and present widths of streets or private Ways bounding, approaching or within reasonable proximity of the Subdivision, showing both pavement widths and right-of-way widths.
j. 
The zoning district classification(s) of land being subdivided shall be shown on the plans for the Lots and the location of any zoning district boundaries that lie within the locus of the plan and the applicable minimum front, side and rear yard depths as well as the Upland Circle (per Chapter 275 Zoning, Section 4.2.4) for each Lot as is required by the latest Zoning By-laws, requirements as detailed in Section H-I.B.2.j.
k. 
The existing and proposed location of the Base Flood Elevation (see definition) if encountered within, or within 100 feet of, the Subdivision.
l. 
Indication of all existing and proposed Easements and rights-of-way applying to the land and their purposes, including tree preservation Easements, whether or not within the Subdivision, and any decision on appeal or any variances or exceptions made by the Zoning Board of Appeals applicable to the Subdivision of the land or any buildings thereon. A copy of the Zoning Board of Appeals decision(s) shall be provided with the Application and referenced on the plan. The supporting plans and documents associated with the Zoning Board of Appeals application and decision must also be provided.
m. 
If the property that comprises the Subdivision or any part or boundary thereof has been examined, approved, and confirmed by the Massachusetts Land Court, such information shall be noted on the plan with case numbers and other pertinent references to Land Court Procedure, and the same requirement shall apply to any adjoining parcels of land of the Applicant.
n. 
Suitable space to record the action of the Board and the signatures of all members of the Board, including, where appropriate, the words "Deeds of Easements to be Recorded herewith" or the words "Covenants to be Recorded herewith." The endorsement block as well as the Registry of Deeds block and Town Clerk certification shall be located on the right side of the plan adjacent to the right border and shall be the same on every drawing sheet.
Note: Items in Subsection III.C.3, Plan and Profile, III.C.4, Contour Plan, and III.C.5, Utility Plan, shall be submitted on separate drawing sheets of the same size as the plan sheet. Each sheet shall bear title block and signature block. Drainage calculations and Lot closure computations shall be submitted as a stand-alone report in text and tabular form.
3. 
Plan and profile. Existing profiles of the exterior lines and center line drawn in fine black line, dot dash for left, dot dot dash for right side, and dash for center line, and proposed profile on the finished center line drawn in fine black solid line of proposed streets 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. At least two Benchmarks are to be shown on plan profile sheets and grade elevations at every fifty-foot station, except in vertical curves, which shall be at every twenty-five-foot station. Design Speed and sight distances shall be presented on the profile. All existing and proposed intersections and sidewalks, wheelchair ramps, Bikeways and walkways shall be shown with all proposed grade elevations calculated. Elevations are to be referred to the North American Vertical Datum of 1988 instead of the Town Datum (USC&GS 1929), in order to match the FEMA Maps. Gradients shall be shown by figures expressed in percent.
4. 
Contour plan. A plan showing existing and proposed topography at two-foot contour intervals shall be provided as well as on-the-ground spot elevation data for critical locations, such as intersections with existing streets, proposed drainage outfalls, cul-de-sac gutter lines, etc. In some instances, topography at one-foot contour intervals may be required. All Benchmarks will be noted, as well as items required in Section III.E.
5. 
Utility plan.
a. 
A plan showing the size, location, current flow and PSI of existing and proposed water supply mains and their appurtenances, hydrants, gas mains, electric distribution systems, streetlighting and its appurtenances, fire alarm systems, storm drains and sewerage disposal systems and their appurtenances, and Easements pertinent thereto, and curbs and curb dimensions, including data on borings and soil test pits, and method of carrying water to the nearest Wetland Resource Area, watercourse or Easements for drainage as needed, whether or not within the Subdivision.
b. 
If surface water drains will discharge onto adjacent existing streets or onto adjacent properties not owned by the Applicant, the plans shall clearly indicate what course the discharge will take, that there exists an adequate outfall to accommodate the proposed discharge, and shall present to the Board evidence that such discharge is satisfactory and permitted by public or private ownership of adjacent street or property. Right-to-discharge documents, including Recorded Easements, shall be provided.
6. 
Drainage calculations. Drainage calculations, following the MA DEP Stormwater Regulations, shall be submitted in a suitable form along with amplifying Conceptual Development Plans to define the anticipated Lot development, including the limits of tree clearing, impervious surfaces (house, driveway, etc.), lawn areas, limit of disturbance and grading, which will outline drainage areas within and affecting the Subdivision. A plan shall also be submitted showing the route followed by all drainage discharging from the Subdivision to the primary receiving watercourse or other large body of water.
7. 
Cross sections. Typical cross sections (see Schedule B) of each street, Roadway, drainage ditch and Sidewalk, or other features required by the Board to be constructed as part of the anticipated development, are to be provided on the plans.
8. 
Sedimentation and Erosion Control Plan. A Comprehensive Sedimentation and Erosion Control Plan and supporting report shall be submitted with the Definitive Subdivision Plan, showing the staging of construction and the measures to limit water-borne and wind-induced erosion, which shall include, but not be limited to, quick-rooting vegetation, expeditious stabilization of disturbed areas, hay bales, erosion control matting, silt sacs/inlet protection for catch basins, filter tubes/wattles, diversions, siltation fences, and sedimentation basins. The predevelopment and construction stage sediment loadings in all watercourses/point of investigation shall be calculated using the Universal Soil Loss Equation. This Sedimentation and Erosion Control Plan shall be the same plan created for the NPDES Stormwater Pollution Prevention Plan.
9. 
Staking. To facilitate review of the Definitive Plan by the appropriate authorities, at the time of filing of the Definitive Plan, the Applicant shall have already had staked the center line of all proposed streets at no greater than 100-foot intervals with the center-line stations clearly marked on the stakes.
10. 
Soil survey. The Board shall require soil surveys and/or test pits or borings, which are to be prepared at the expense of the Applicant, to establish the suitability of the land for the proposed storm drainage system and proposed street construction. To avoid permitting delays, this testing should take place prior to the submission of the Definitive Plan.
a. 
Test pits, borings or soundings shall be taken along the center line of each street shown on the plan at intervals of at least every 200 feet and at locations such as cut sections and areas of questionable foundation material where the subsurface conditions may be, in the opinion of the Board, factors affecting the quality and service life of the street. Test pits shall be made under the supervision of a Licensed Professional hired by the Applicant, who will coordinate the observation by an Agent of the Board. Observation costs are to be paid by the Applicant in accordance with the Fee Schedule, and shall not be backfilled until all necessary inspection and sampling has been completed. Where borings are used, samples shall be taken at five-foot intervals and at each change in strata or as directed by the Board. Soundings shall be taken in areas of unsuitable material for the purpose of determining the hard bottom contours. Test pits and borings, where required, shall extend to a minimum depth of five feet below the street profile grade, two feet below the bottom of anticipated drains/sewers or to bedrock, if found at a higher elevation. The Applicant shall indicate on the plan a proposed layout of the subsurface exploration program, complete with location, spacing and type of exploration proposed for coordination with the Agent of the Board.
b. 
Test pits shall also be performed and observed at all Stormwater Management Facilities to classify the soils, establish the observed groundwater elevation, establish the estimated seasonal high groundwater elevation and determine the infiltration capability of the soils (standard soil evaluation and percolation testing used for on-lot septic system design shall not be considered as suitable for meeting this infiltration capability requirement).
c. 
All information concerning the test pits, borings or soundings (locations, depth, soil stratas, and depth of water table) shall be submitted to the Board in a written report to be made, evaluated and stamped by a Registered Professional Engineer.
D. 
Procedure.
1. 
Review by Board of Health as to suitability of land. At the time of filing of the Definitive Plan, the Applicant shall also file with the Board of Health two contact prints of the Definitive Plan, dark line on white background, together with the proposed location of each Lot's septic system and such information in the nature of percolation tests and deep test holes as the Board of Health may require. A dated and signed receipt of said submission (Form Q) must be provided to the Board. The Board of Health shall, within 45 days after the receipt of the plan, submit a report to the Board, in writing, of its approval or disapproval of said plan. If the Board of Health disapproves said plan, it shall make specific findings as to which, if any, of the Lots shown on such plan cannot be used for building sites without injury to the public health, and include such specific findings and the reasons thereof in such report, and, where possible, shall make recommendations for the adjustment thereof. However, if a municipal sewerage system will service the proposed Subdivision, or the Board of Health fails to make such a report within 45 days after the plan is filed with their office, the Definitive Plan shall be deemed approved by the Board of Health. The Board of Health, in addition to the Board, shall send a copy of such report, if any, to the Person who submitted said plan. Every Lot so located that it cannot be served by a connection to the municipal sewerage system shall be provided with septic tank and soil absorption system satisfactory to the Board of Health and/or the latest revisions to the Massachusetts Environmental Code minimum standards, 310 CMR15, as the Board of Health shall determine. A note shall be added to all plans as follows: "No dwelling will be constructed on any Lot without first securing from the Board of Health the Disposal Works Construction Permit required by Title V of the State Environmental Code." The approval of a Definitive Subdivision Plan by the Board of Health does not absolve the Developer of any other requirements of the Board of Health or other Town Boards.
2. 
Review by other Town departments and officials*.
a. 
It is the Developer's responsibility to distribute copies of the Preliminary and Definitive Plan to Town Departments and Officials and obtain a dated receipt of the same as follows (see Form Q):
(i) 
Copies to the Conservation Commission, Health Department, Department of Public Works, Board of Selectmen, Town Manager, Police Department, Fire Department, Building Inspector, Middleborough Gas and Electric Department, Zoning Board of Appeals, Historical Commission and also in the case of an industrial Subdivision, to the Development and Industrial Commission. The Board will provide the copies to the Board's peer review Engineer for the purposes of preparing a report.
b. 
Before the Definitive Plan is approved, the Board, in addition to the technical report from their peer review Engineer, will request written statements from the above departments and commissions with regard to the proposed improvements in the following respect:
(i) 
Conservation Commission as to potential involvement with MGL c. 131, § 40, regulations, 310 CMR 10.00 et seq., and the effects of the Subdivision on streams, wildlife and similar considerations within the scope of the Conservation Commission, including Natural Heritage Endangered Species Habitat (NHESP) protection measures and approvals.
(ii) 
The DPW Director as to the design of the street system, location of Easements, monuments, drainage system, water system and, if applicable, a sewerage system and their appurtenances, relationship to existing water and drainage systems, the feasibility of snow removal from sidewalks and roadways as well as the maintenance and access to Stormwater Management facilities.
(iii) 
The Middleborough Gas and Electric Department as to the design of the streetlighting system, electrical system and gas system. The Gas and Electric Department must review and approve all electric and gas distribution systems including cable TV systems (if any).
(iv) 
Fire Department as to location of hydrants, installation of the alarm system and emergency access.
(v) 
Police Department as to street safety, both vehicular and pedestrian, and access for emergency vehicles.
c. 
The Board may also require the Developer to distribute Preliminary and/or Definitive Plans to the Zoning Board of Appeals.
3. 
Public hearing. Before taking any action to approve, modify or disapprove a Definitive Plan, the Board shall hold a hearing at which parties in interest shall have an opportunity to be heard, in person or by agent or attorney. Notice of the time and place of such hearing and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the Town of Middleborough once in each of two successive weeks, the first publication to be not less than 14 days before the date of the hearing, and by mailing a copy of such advertisement to the Applicant and to all Owners of land abutting the land and all Owners of land within 300 feet of a property line of the land shown on the plan as shown on the most-recent tax list and as they appear on Form E, Certified List of Abutters. The Applicant is responsible for preparing notices to abutters by mail using a Certificate of Mailing, delivering them to the Board Agent not less than 10 days before the date of the hearing. All other expenses, including, without limitation, Certificate of Mailing, etc., required by the Board or its agent shall be paid solely by the Applicant.
4. 
Planning Board procedure.
a. 
The procedure that the Board will follow with regard to approval, disapproval or modification of the Definitive Plan submitted by the Applicant will be that as set forth in MGL c. 41, § 81U, as amended. In summary, the Board, after receiving the Definitive Subdivision submission application and package (Plan and profiles, etc.) will have 90 days (if said Definitive Plan is submitted within seven months of the effective date of the filing of the Preliminary Plan) or 135 days (if a Preliminary Plan was not submitted) to review the same to determine whether they are in compliance with its adopted Rules and Regulations.
b. 
Before approval of the plan can be voted, the Board shall establish that the street pattern is safe and convenient, that proper provision is made for street extension and that all other purposes of the General Laws are met. The Board may, as a condition of granting approval under § 81U, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the Town. In such event, the Board shall endorse such conditions on the plan to which they relate, or set forth a separate instrument attached thereto, to which reference is made on such plan and which shall for the purpose of the Subdivision Control Law be deemed to be a part of the plan.
5. 
Performance guarantee. Before endorsement of its approval of a Definitive Plan of a Subdivision by the Board, the subdivider shall agree to complete the required improvements (construction of Ways and its installation of Municipal Services, including improvements outside of the Roadway right-of-way, such as stormwater management facilities, outfalls and wetland replication areas) specified in Section IV for any Lots in a Subdivision, such construction and installation to be secured in one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the Applicant.
In addition, the subdivider shall agree to the following: No Lot shall be released from Covenant, nor will a structure be occupied, until at least the base course of the bituminous concrete, as specified in Section IV, has been installed. In addition, the temporary street sign, water, sanitary sewer, stormwater/drainage system, and electric system serving those Lots must be constructed and approved by the Board.
a. 
Final approval with bonds or surety. (See Forms F, G, and H-1). The subdivider shall either file:
(i) 
A proper bond, sufficient in the opinion of the Board to secure performance of the construction of Ways and the installation of Municipal Services required for Lots in the Subdivision shown on the plan, and the Board may require that the Applicant specify the time within which such construction shall be completed.
(ii) 
By a deposit of money or negotiable securities, sufficient in the opinion of the Board to secure performance of the construction of Ways and the installation of Municipal Services required for Lots in the Subdivision shown on the plan, and the Board may require that the Applicant specify the time within which such construction shall be completed.
(iii) 
By a covenant, executed and duly Recorded by the Owner of record, running with the land, whereby such Ways and services shall be provided to serve any Lot before such Lot may be built upon or conveyed, other than by mortgage deed, provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding Owner of such premises or part thereof may sell any such Lot, subject to that portion of the covenant which provides that no Lot shall be built upon until such Ways and services have been provided to serve 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 the Subdivision plan or of all Lots not previously released by the Board. A deed of any part of the Subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed.
(iv) 
By delivery to the Board of an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the Applicant by the lender, which agreement shall be executed by the Applicant and the lender and shall provide for the retention by the lender of funds sufficient, in the opinion of the Board and otherwise due the Applicant, to secure the construction of Ways and the installation of Municipal Services. 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.
Any covenant given under the preceding paragraph and any condition required by the health board or officer shall be either inscribed on the plan or contained in a separate document, referred to on the plan.
The penal sum of any such bond held under Subsection D.5.a(i) or any deposit held under Subsection D.5.a(ii) or any amount of funds retained pursuant to an agreement under Subsection D.5.a(iv) 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 amount shall be determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Section IV not covered by a Covenant under Subsection D.5.b hereof. The raw land value of the remaining Lots under Covenant shall not be included in the determination of the surety value. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Manager and Town Treasurer and shall be contingent on the Completion of such improvements within four years of the date of the bond.
b. 
Final approval with covenant. (See Form H). The subdivider shall file a Covenant, executed and duly Recorded by the Owner of record, running with the land, whereby such Ways and services as specified in Section IV, Design Standards, and not otherwise covered by bond or deposit under the above Subsection D.5.a shall be provided to serve any Lot before such Lot may be built upon or conveyed, other than by mortgage deed.
c. 
Extensions. The period for completion in Subsections D.5.a and D.5.b may be extended by the Board at the written request of the subdivider accompanied by satisfactory proof that such extension is necessary and in the public interest.
6. 
Declaration of reserved Easements. Before endorsement of its approval of a Definitive Plan of a Subdivision by the Board, the Subdivision shall agree to reserve all Easements, including tree preservation Easements, as shown on the definitive Subdivision plan for the benefit of the roadways, Owner and the Owner of record of the Lots and their successors and assigns. The subdivider shall file a Declaration of Reserved Easements (Form K-1), executed and duly Recorded by the Owner of record and any mortgagees, whereby the designated Easements are reserved.
E. 
Approval or disapproval. The action of the Board in respect to such definitive Subdivision plan shall be by vote, copies of which shall be filed with the Town Clerk and sent to the Applicant. If the Board modifies (approves with conditions) or disapproves such plan, it shall state in its vote the reasons for its action. Failure of the Applicant to submit revised plans and other required submittals/documents within one year of approval or approval with modification (conditions) shall automatically rescind approval of the plan unless an extension has been approved by the Board or the approval is protected by other applicable laws. The Board may rescind its disapproval if, within six months of such disapproval, the Applicant formally submits revised plans and other required submittals fully conforming to the Rules and Regulations of the Board, resolving all of the specific reasons for disapproval that were listed in the Certificate of Action. Said submission, with appropriate fee payments, will be reviewed by the Board and their engineering consultants for compliance. The results of said review will be presented to the Board at a public meeting, and if found to have addressed all the conditions for the original disapproval, the Board shall vote to rescind the disapproval and vote to approve the Subdivision, as provided herein. Final approval, if granted, shall be endorsed on the original drawing of the Definitive Plan by the signatures of a majority of the Board but not until the statutory twenty-day appeal period has elapsed following the filing of the Board's certificate of approval or disapproval, as the case may be (see Forms C-1 and C-2), with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. If appeal has been made, said endorsement shall be made after the entry of a final decree of the Court sustaining the approval of such plan. Final approval shall be subject to the construction specifications contained herein and to the rules and requirements of the Board. The Board may extend the period permitted by state statute between submission of a Definitive Plan and action thereon upon written request of the Applicant. After the Definitive Plan has been approved and endorsed, the Board shall return the original to the Applicant. Approval of the Definitive Plan does not constitute the laying out or acceptance by the Town of streets shown on the plan.
1. 
Standard conditions of approval. The following shall constitute standard conditions applicable to all approvals. Additional specific conditions may also be included by the Board as part of its approval of a definitive Subdivision plan:
a. 
Form H Covenant. Prior to endorsement of the plan by the Board, a Form H Covenant or other surety as set forth in MGL c. 41, § 81U, shall be submitted to the Board for formal approval. Should the Applicant choose to keep the roadways, as represented on the Definitive Subdivision Plan, as "Private Ways," then the Form H Covenant must prohibit either the Applicant or its successors in interest, or the unit Owners and residents, from petitioning the Board of Selectmen of the Town of Middleborough for the acceptance as a Town Way within the Subdivision. The approved Form H Covenant shall be executed and Recorded at the Plymouth County Registry of Deeds, and reference to the covenant shall be clearly shown on the Definitive Plan. Proof of recording shall be provided to the Board;
b. 
Twenty-day appeal period. Prior to endorsement of the plan by the Board, confirmation that an appeal has not been filed and notification of the expiration of the statutory twenty-day appeal period must be received from the Town Clerk's office.
c. 
Orders of conditions. Prior to endorsement of the plan by the Board, the Applicant shall provide the Board with a written notification indicating that a filing with the Conservation Commission has been made or why a filing was not needed. When a filing with the Conservation Commission is required, the Applicant shall provide the Board with a copy of any and all "Orders of Conditions," as issued by the appropriate agency, and Recorded by the Applicant, pursuant to the Wetlands Protection Act. Proof of recording shall be provided to the Board. Any changes to the Definitive Plan, required under the "Orders of Conditions" shall be presented to the Board, by the Applicant, for review and approval as a modification to the Definitive Subdivision Plan. Except for very minor changes to the approved Subdivision plan, a public hearing will be held on the modification plan. The Board reserves the right to negotiate with the issuing authority any mutually acceptable modifications to the "Orders of Conditions" that may be deemed appropriate by the Board. After the public hearing and acceptance of the modifications to the plan, the Board shall take action on the plan, reporting said action to the Town Clerk. The notification of the expiration of the statutory twenty-day appeal must be received from the Town Clerk's office for the modification.
d. 
Stormwater management. Prior to the endorsement of the plan by the Board, the Applicant shall provide a copy of the approved Stormwater Management Permit.
e. 
Waivers. The waivers, as voted and granted by the Board, shall be listed in detail on the plans being Recorded at the Registry of Deeds;
f. 
Final revised plans. Prior to the endorsement of the plan by the Board, the Applicant shall provide the final revised plans that incorporate the items as presented in the conditions of approval voted by the Board and all required documentation to the Board for review.
g. 
Street numbering. The final revised plans shall have each Lot provided with a "Street Address Number" in accordance with the Town of Middleborough "Guidelines for Street Numbering" and in accordance with the E911 approved street numbering plan for this Subdivision (a copy of this approved plan shall be submitted to the Board).
h. 
Form K-1. Prior to the endorsement by the Board, a Form K-1, Declaration of Reserved Easements, shall be submitted to the Board for approval. The completed Form K-1 shall include all Easements, including tree preservation Easements, as indicated on the Definitive Plans. This approved "Declaration" shall be executed and Recorded at the Plymouth County Registry of Deeds, prior to or concurrent with the recording of the endorsed Subdivision plans and prior to commencement of construction. Proof of recording shall be provided to the Board.
i. 
Subdivision Tree Declaration of Restrictive Covenant. Prior to the endorsement by the Board, a Subdivision Tree Declaration of Restrictive Covenant shall be provided for the preservation of trees/wooded areas and for the planting of trees on the Lots within the Subdivision. This approved "Restrictive Covenant" shall be executed and Recorded at the Plymouth County Registry of Deeds, prior to or concurrent with the recording of the endorsed Subdivision plans and prior to commencement of construction. Proof of recording shall be provided to the Board.
j. 
Driveway lantern restrictive covenant. Prior to the endorsement by the Board, a Declaration of Restrictive Covenants for driveway lanterns shall be provided to the Board for approval. This approved "Restrictive Covenant" shall be executed and Recorded at the Plymouth County Registry of Deeds, prior to or concurrent with the recording of the endorsed Subdivision plans and prior to commencement of construction. Proof of recording shall be provided to the Board.
k. 
Municipal Lien Certificate. Prior to the endorsement by the Board, a Municipal Lien Certificate (MLC), indicating that all taxes, assessments and charges then assessed against the land shown on the plan have been paid in full, shall be submitted to the Board. The MLC shall be submitted to the Registry of Deeds at the time of the recording of the plan. Proof of the submission of the MLC to the Registry of Deeds shall be provided to the Board.
l. 
Subdivision fees. Prior to the endorsement by the Board, all outstanding fees, including Board consulting costs, shall be paid in full.
m. 
Mortgagees and Owner assents. Prior to the endorsement by the Board, assents of any Lot Owners and mortgagees, as specified under MGL c. 41, § 81W, shall be provided to the Board and also Recorded with the Subdivision plans at the Plymouth County Registry of Deeds. Proof of recording shall be provided to the Board.
n. 
Recording. The approved Subdivision plan, as described herein, shall be endorsed by the Board and Recorded at the Plymouth County Registry of Deeds within one year of the date of this approval or prior to the start of construction. If the approved Subdivision plan is not endorsed and Recorded within one year, the Subdivision approval will be automatically rescinded. The Applicant shall provide proof of recording, by submitting to the Board a copy of the receipt from the Registry of Deeds indicating that the endorsed plan and covenant, if applicable, have been duly Recorded.
o. 
Stormwater Pollution Prevention Plan. Prior to the commencement of construction, the Board shall be provided with a copy of the submitted Notice of Intent for the National Pollution Discharge Elimination System (NPDES) application. In addition, a copy of the associated Stormwater Pollution Prevention Plan (SWPPP) will also be provided to the Board.
p. 
Preconstruction meeting. Prior to the commencement of construction, three full-size printed sets and an electronic copy (PDF format) of the endorsed Subdivision plans, as well as the prepayment of the estimated engineering observation and material testing fees, shall be provided to the Board. At that time, the Board, in conjunction with their staff and consulting engineer, will coordinate a preconstruction meeting with the Developer, Contractor, Utilities and Town Departments.
F. 
Endorsement. At least 20 days prior to endorsement, the final plans, all required Covenants and Declaration of Reserved Easements, as well as other documents required in the Certificate of Approval, shall be provided to the Board along with a Designer's Certification that title to the premises shown on said plan and appurtenances thereto, including any off-site Easements and rights-of-way, are in the Applicant's name and are free of all encumbrances or that the encumbrances set forth will not preclude any required Subdivision improvements.
G. 
Recording. The Applicant shall file all approved Definitive Plans, Declaration of Reserved Easements and the Covenant, if any, as well as other documents as listed in the Certificate of Approval, at the Registry of Deeds and shall notify the Board in writing, presenting evidence of the recording of the plan, Declaration of Reserved Easements, other required documents and the Covenant. The Declaration of Reserved Easements and the Covenant shall be referred to on the cover sheet of the plan and all drawing sheets being Recorded. At a minimum, the Cover Sheet and lotting sheets must be Recorded. The Applicant shall deliver to the Board three full-size copies and an electronic copy (PDF) of the approved and Recorded Definitive Plans. In addition, an electronic (PDF) copy of all Recorded documents, final calculations, supporting documents, etc., shall be provided.
H. 
Time for completion. If the Ways in any Subdivision are not completed and the utilities aforesaid are not installed within two years from the date of the Board Endorsement or with one additional year extension, if approved by the Board, any such bond may be enforced and any such deposit may be applied by the Board for the benefit of the Town. Ways or portions thereof not completed within the time required shall thereafter be completed in accordance with the design and construction standards of the Board in effect upon the expiration of such time. Requests for an extension to the two-year completion date for the one additional year must be made, in writing, at least two months prior to the expiration date. The Board shall, as part of the extension request, determine if the value of the current bond is sufficient for the completion of the remaining work and reserves the right to require additional surety. The Board also may also deny the request for the extension.
I. 
Modification, amendment and rescission.
1. 
The Board, on its own motion or on the petition of any Person interested, shall have power to modify, amend or rescind its approval of a plan of a Subdivision, or to require a change in a plan as a condition of its retaining the status of an approved plan. All of the provisions of the Subdivision Control Law relating to the submission and approval of a plan of a Subdivision shall, so far as apt, be applicable to the approval of the modification, amendment or rescission of such approval and to a plan which has been changed under this section.
2. 
No modification, amendment or rescission of the approval of a plan of a Subdivision or changes in such plan shall affect the Lots in such Subdivision which have been sold or mortgaged in good faith and for a valuable consideration subsequent to the approval of the plan, or any rights appurtenant thereto, without the consent of the Owner of such Lots, and of the holder of the mortgage or mortgages, if any, thereon; provided, however, that nothing herein shall be deemed to prohibit such modification, amendment or rescission when there has been a sale to a single grantee of either the entire parcel of land shown on the Subdivision plan or of all the Lots not previously released by the Board.
3. 
So far as unregistered land is affected, no modification, amendment or rescission of the approval of a plan nor change in a plan under this section shall take effect until:
a. 
The plan as originally approved, or a copy thereof, and a certified copy of the vote of the Board making such modification, amendment, rescission or change, and any additional plan referred to in such vote, have been Recorded;
b. 
An endorsement has been made on the plan originally approved as Recorded referring to such vote and where it is Recorded; and
c. 
Such vote is indexed in the grantor index under the names of the Owners of record of the land affected.
4. 
So far as registered land is affected, no modification, amendment or rescission of the approval of a plan nor change in a plan under this section shall take effect until such modification, amendment or change has been verified by the Land Court pursuant to MGL c. 185, and in case of rescission, or modification, amendment or change not so verified, until ordered by the court pursuant to MGL c. 185, § 114.
J. 
Release of performance guarantee. Upon acceptance of the streets at Town Meeting and prior to the release by the Board of a surety bond or deposit, or, in the case of a Covenant, the issuance of a Release Form, the Applicant shall execute an instrument, on a Form provided by the Board, (see Form K). This instrument shall transfer to the Town, without cost, valid unencumbered title to all common sewers, storm drains and water mains, electrical and gas distribution system, and appurtenances thereto, constructed and installed in the Subdivision or portion thereof to be approved, and convey to the Town without cost and free of all liens and encumbrances, perpetual right and Easements to construct, inspect, repair, renew, replace, operate and forever maintain the aforesaid underground utilities, with any manholes, pipes, conduits and other appurtenances, and to do all acts incidental thereto, in, through and under the whole of all streets in the Subdivision or portion thereof to be approved, and if any such utilities have been constructed and installed in land not within such streets, then in, through and under an Easement as shown on the Definitive Plan.
K. 
Reduction or release of performance guarantee.
1. 
Reduction of bond surety. The penal sum of any such bond or the amount of any deposit held under Section III.D.5.a may, from time to time, be reduced by the Board and the obligations of the parties thereto released by said Board in whole or in part. If release is by reason of Covenant, a new plan of the portion to be subject to the Covenant may be required by the Board. Prior to approving any reduction, the Town of Middleborough shall be granted legal rights to the Roadway right-of-way, utilities and utility Easements. The Board shall also, as part of the vote to reduce the amount, establish a minimum bond/surety amount that will not be released until said time that the roadways have been accepted by the Town.
2. 
Final release of performance guarantee. Upon completion of improvements required under Section IV, Design Standards, security for the performance of which was given by bond, or irrevocable letter of credit unlimited in time, deposit or Covenant, or upon the performance of any Covenant with respect to any Lot, the Developer or Owner, at their expense, will cause to be published in a newspaper of general circulation in the Town of Middleborough, at least seven days prior to the releasing of the performance bond or surety, an announcement that such release is contemplated. The Developer or Owner shall also send by certified mail to the Town Clerk and the Board a written statement that the said construction or installation in connection with which such bond, deposit or Covenant has been secured has been completed in accordance with the requirements contained under Section IV, Design Standards. The Town Clerk shall date-stamp the receipt of the statement and provide a copy to the Board to establish the statement submission date. Such statement is to contain:
a. 
Name and address of the Applicant.
b. 
A compliance certificate signed under oath by the Developer and their Engineer that the development has been completed according to the Rules and Regulations of the Board and the Town of Middleborough Zoning-By-Laws.
c. 
Copies of or reference to the requisite number of Inspection Forms and Reports.
d. 
Written evidence from the Board's Agent or the Board's Engineer as to construction of all Ways and sidewalks, installation of monuments, street signs, pavement, lighting, gutters and curbs, required grading and drainage, Stormwater Management Facilities, water mains, hydrants and appurtenances, all sewer mains and appurtenances, if any, adequate Lot drainage, planting and seeding, all in accordance with the Definitive Plan.
e. 
Written evidence from the Board of Health as to the installation of sewage disposal facilities, if applicable, all in accordance with the Definitive Plan.
f. 
Written evidence from the Chief of the Fire Department as to the installation of the fire alarm system, all in accordance with the Definitive Plan.
g. 
In the case of a "Private Road," a copy of the Recorded Homeowners' Association (HOA) agreement and deed transferring the fee ownership of the road right-of-way to the HOA and each individual Lot Owner within the Subdivision.
Prior to final release of the performance security, except for the established minimum amount, as previously established by the Board, which is to be held until the roads are accepted by the Town, the Board shall hold a public meeting at which interested and involved parties may be heard.
3. 
Determination of incompleteness.
a. 
If the Board determines that said construction, installation, or filing of "as-built" plans has not been completed, it shall, within 45 days, specify to the Town Clerk and to the Developer, in writing, by registered mail, the details wherein said construction and installation shall have failed to comply with the requirements contained under Section IV. Upon failure of the Board to act on such application within 45 days after the receipt of the application by the Town Clerk and the Board, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned and any such Covenant shall become void.
b. 
In the event that said forty-five-day period expires without such specification, or without the release and 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.
4. 
Determination of completeness. If the Board determines that said construction, installation, or filing of "as-built" plans has been completed, it shall notify the Town Treasurer within 45 days on a properly executed Form J Release Form, that it releases, except for the established minimum amount which is to be held until the roads are accepted by the Town, the interest of the Town in such bond or deposit and that it shall be returned to the Person or Persons who furnished same, or, in the case of Covenant, it shall issue a partial written release of the Covenant on a properly executed Release Form. The full release shall not take place until the acceptance of the roads by the Town.
L. 
As-built plans. Prior to the submission of the final release request, etc., the Developer shall file with the Board three copies of the as-built acceptance plan of completed street or streets and a report prepared by the Applicant's engineer fully outlining all deviations from the approved plan and how these deviations are in compliance with the approved design and the Subdivision Regulations. The plans shall show all plans and profiles corrected to be actual as-built locations and profiles of all streets, Ways, bounds, monuments, Lot/Easement markers and utilities, including off-site utilities, stormwater management facilities, Open Space improvements and those installed by others, such as electric, telephone, Cable TV and gas, and said plans shall be Certified by the Applicant's engineer and surveyor. Said plans shall be prepared in a manner suitable for records at the Registry of Deeds. The Board shall have the as-built submission reviewed, and all review comments shall be addressed and incorporated on the final as-built plan submission. Should the result of the construction activities require new or modified Easements, said documents shall be prepared and Recorded, with Recorded copies provided to the Board. Three copies of the final as-built plans and documents shall be provided along with electronic copies (PDF format).
A. 
General guidelines
1. 
Districts. Reference in the following regulations to "Rural District" shall mean the Rural Residential District as established in the then-current Middleborough Zoning By-Law. Reference to "Residential District"" shall mean all other locations in Middleborough.
2. 
Construction guide.
a. 
It is the intent that no street or Way through private property shall be accepted by the Town unless the same be previously constructed and completed in accordance with the Standard Cross Section (see Schedules B and C), street layout plan, profile and the following specifications. Streets and roadways for a Commercial and/or Industrial development shall remain in private ownership and not accepted by the Town.
b. 
To ensure high quality and uniformity of construction and unless otherwise specified, all the work and the materials used in the work to be done shall conform to the requirements of the "Commonwealth of Massachusetts Department of Public Works, Standard Specifications for Highways and Bridges 1988 Edition," as amended by all supplemental specifications, hereinafter referred to as the "Standard Specifications," and the special provisions included hereinafter. Appropriate illustrations are found in "Commonwealth of Massachusetts, Department of Public Works, Construction Manual Part 3, 1966 as amended."
c. 
Supplementing the aforesaid Standard Specifications, certain specifications or special provisions shall apply particularly to the work to be done hereunder. References in the following specifications, unless otherwise stated, are to the aforesaid Standard Specifications. These Standard Specifications and associated special provisions supplement these regulations; however, they shall take precedence and shall govern when they are stricter.
d. 
The extent of work required shall be completed as shown upon approved plans and shall be in compliance with Standard Cross Section: Schedules B and C.
e. 
Improvements to minimize adverse environmental impact, if required, shall be installed in accordance with all details as shown on the approved Definitive Plan, and all possible measures shall be taken during construction to minimize dust and erosion in accordance with the NPDES Stormwater Pollution Prevention Plan.
f. 
No earth shall be removed off site from the area shown on a Definitive Plan except in accordance with the approved plan.
g. 
It is the intent of these Regulations to prohibit the clear-cutting of trees, etc., on the Lots within the Definitive Subdivision and to retain and leave undisturbed, as much as possible, natural vegetated and wooded areas.
h. 
As each construction operation is scheduled, the Contractor/Developer is required to coordinate with the Board or its agent to arrange for the periodic progress inspections and, as work is completed, shall notify the Board or its agent, at least 48 business hours in advance, for necessary inspections by the proper Town authority and/or Gas and Electric Department prior to starting work on the succeeding operation. No completed work shall be buried prior to being inspected by the Board or its agent.
i. 
Flood hazard avoidance. Any Subdivision located in any part within the Flood Hazard District established under the Zoning By-Law shall comply with the following: Subdivision design shall be consistent with the need to minimize flood damage within the flood-prone area, through use of street profile design, and drainage. All Public Utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage. Drainage systems shall be designed per current MA DEP Stormwater Regulations and in consideration of possible impact of flooding at the Base Flood Elevation.
B. 
Streets and roadways.
1. 
Location.
a. 
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 by the subdivider to the location of the street layout in order to obtain the maximum livability and attractiveness of the Subdivision.
b. 
The proposed streets shall conform, so far as applicable, to the Middleborough Master Plan (revised February 11, 2002, or as amended) as adopted in whole or in part by the Board.
c. 
Provision satisfactory to the Board shall be made for the proper projection of streets, or for access to adjoining property which is not yet subdivided.
d. 
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.
e. 
Street names and walkways shall be approved by the Board to provide names in keeping with the character of the Town. Proposed street names shall be coordinated and approved by the Town's 911 Emergency Services and shall not duplicate nor bear phonetic resemblance to the name of existing public Ways, paper streets, or any other Way qualified to afford frontage under MGL c. 41, § 81L. A proposed street which is in alignment with an existing street shall bear the same name as the existing street.
2. 
Alignment.
a. 
Roadway alignment. The horizontal and vertical alignment of all segments of all Subdivision roadways shall provide adequate sight distance to provide a design speed of 30 miles per hour or such higher design speed as may be required by the Board in accordance with ASSHTO procedures utilizing a standard 3.75-foot height of observer and a 0.50-foot height of object.
b. 
The minimum center-line radii of curved streets shall be as follows:
Residential District
(feet)
Rural District
(feet)
Collector street (25 + homes)
300
250
Minor street (11-24 homes)
200
200
Lane (1-10 homes)
150
150
Dead-end street (1-12 homes)
150
150
c. 
A tangent at least 150 feet in length shall separate all reverse curves on collector streets, except where at least one radius is 500 feet or more or where the radius of curvature of both the curves is in excess of two times the minimum specified in Section IV.B.2.b.
d. 
Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60°.
e. 
Where possible, streets shall be laid out so as to intersect with adjacent streets or adjacent unsubdivided land at intervals of at least 500 feet.
f. 
The distance between curbline and property line at any intersection shall be the same as along the approach portions of the intersecting streets. Curbline radii shall be at least 30 feet at an intersection.
g. 
All intersections shall be evaluated to show adequate sight distances. Sight line Easements, if required, shall be clearly shown on the plans (Definitive sheet, Grading sheet and the Plan and Profile sheet).
3. 
Width.
a. 
The minimum width of any street right-of-way, including dead-end streets, shall be 50 feet.
b. 
Where the potential volume may warrant, the Board may require a greater right-of-way than that specified above and may require construction of a divided Roadway.
4. 
Dead-End Streets.
a. 
Permanent Dead-End Streets (a street, extension of a street, or system of streets connected to other streets that only provide a single means of access) shall only provide frontage for no more than a total of 12 existing and potential Lots under zoning applicable at the time of submittal.
b. 
A suitably designed and paved Walkway and/or Bikeway which, in the opinion of the Fire Chief, Police Chief and the Board, will provide an emergency access route having a suitable width, grade and alignment, that is constructed to support travel of fire, police or snowplowing equipment, and contains water main connections or gas and electric underground systems to adjacent Ways, will be considered by the Board as a sufficient cause for waiver of the requirements of Section IV.B.4.a. Emergency access routes cannot be located on private Lots and must be contained within dedicated Open Space Easements, must have an Easement width equal to the minimum street right-of-way width, and must be provided with suitable barriers on both ends to prohibit nonemergency use. The means of securing these barriers must be approved by the Fire Chief and Police Chief.
c. 
All Dead-End Streets shall be provided at the closed end with a turnaround having an outside Roadway diameter of at least 105 feet and a property line diameter of at least 130 feet. Dead-End Streets will not be provided with an island in the center of the turnaround. The turnaround stub will be located at the property line unless the Board approves otherwise.
d. 
The Board, if they determine that there is a potential for further extension/connections, will require a Roadway Easement from the end of the Dead-End Street right-of-way to the adjacent property line. The Roadway Easement cannot be located on private Lots and must have an Easement width equal to the minimum street right-of-way width.
e. 
Temporary dead-ends shall similarly provide for a turnaround which may be located in part on Easements over Lots so long as contractual assurance is provided that, upon extension of the street, the termination turnaround will be removed and replaced with loam and planting. Sample deeds for said Lots are to be provided to the Board, prior to conveyance, for the confirmation of the temporary Easement.
5. 
Grade.
a. 
The center-line grade for any street shall not be less than 1%.
b. 
The maximum grade* for streets shall be not more than 6% and preferably not more than 4%.
*May be increased by 1% for a distance of 200 feet or less with permission of the Board.
c. 
Where algebraic changes in grade exceed 2%, 1/4" = 1'0" vertical curves at least 100 feet in length shall be provided.
d. 
Roadways shall have a center-line crown and a cross slope of 2%.
e. 
Where curves and grades combine to create potentially dangerous driving conditions, the Board may require a suitable amount of superelevation of the curves or other protection.
f. 
On a street in any district where a grade is 4% or greater within 150 feet of the intersection of street right-of-way lines, there shall be provided a leveling area of at least 50 feet with a maximum grade of plus 2% from the intersection of the proposed center line with the gutter line of the existing street.
g. 
Roadway shall be designed to fit existing topography as much as possible so as to minimize the amount of cut and fill necessary within the street ROW
6. 
Roadway construction. The Standard Specifications should also be referred to for more-detailed descriptions of the work, materials and construction methods. The Roadway shall be graded and prepared for pavement as follows:
a. 
Clearing and grubbing shall be performed to remove all stumps, brush, roots and like material from the entire Right-of-Way area. In certain instances, when a wider Right-of-Way is being provided, or where storm drainage/stormwater management facilities extend beyond the Right-of-Way, the limits of disturbance/clearing will need to be established and clearly defined on the plans. Wherever feasible, existing trees and vegetation shall be protected, especially in the areas beyond the Right-of-Way, since the clear-cutting of the Lots is prohibited. Cleared materials shall be properly stockpiled for reuse on the project, and remaining materials shall be removed from the property unless otherwise approved by the Board.
b. 
Earth excavation shall be the removal of all materials encountered within the area of the traveled Way, berms, shoulders, and sidewalks, including the necessary over-dig beyond these limits, down to the true surface of the subgrade or to suitable material in areas where unsuitable material exists, in preparation for foundation of Roadway, sidewalks, driveways and berms. All topsoil and suitable subsoil shall be properly stockpiled on site for reuse on the project. Approved material obtained from the excavation may be used in fills as required if, in the opinion of the Board or their agent, they are suitable.
c. 
When, in the opinion of the Board or their agent, suitable material is not available within the limits of the Roadway location to form the subgrade or subbase, the Developer shall obtain suitable additional material from other sources in accordance with this section and as may be approved by the Board or their agent.
d. 
The subgrade surface, a minimum of 15 1/2 inches below the finished surface grade in residential streets, and a minimum of 17 1/2 inches below the finished surface grade in all streets in nonresidential Subdivisions, shall be prepared true to the lines, grades and cross sections given and properly rolled/compacted. All soft or spongy material below the subgrade surface shall be removed to a depth determined by the Board or their agent, and the space thus made shall be filled and compacted with special gravel borrow, containing no stones over six inches in their largest dimension.
e. 
The gravel base or foundation shall be spread in two six-inch layers on the surface of the subgrade. Each six-inch layer shall be in conformance with requirements of Section M-1.03.0 gravel borrow, Type C, two inches largest dimension, of the Standard Specifications. Each layer shall be thoroughly watered, rolled and compacted to 95% of the maximum density (ASTM D-1557) for the gravel and true to line and grade. Any depressions that appear during and after the rolling shall be filled with additional gravel and rerolled until the surface is true. Mirafi, Supac or other geotextile fabric subgrade stability fabric may be required by the Board or their agent prior to gravel placement.
f. 
Final grading, rolling and finishing, including the shaping, trimming, rolling and finishing of the surface of the subbase prior to application of gravel for surfacing of the Roadway base courses, for walks and berms, shall be in accordance with this section and as directed by the Board or their agent. Compaction testing and soil gradations for subbase may be required by the Board or their agent prior to placement of gravel base.
g. 
Roadway pavement shall be constructed for the full length of all streets within the Subdivision and shall have the alignment required in Section IV.B.2. The center line of all roadways shall coincide with the center line of the street right-of-way unless a deviation is approved by the Board. The minimum widths of a Roadway pavement shall be as follows:
Residential District
(feet)
Rural District
(feet)
Collector street (25 + homes)
26
24
Minor street (11-24 homes)
24
24
Lane (1-10 homes)
24
24
Dead-end street (1-12 homes)
24
24
h. 
Hot Mix Asphalt Pavement for roadways in Subdivisions shall be the current MassDOT standards for Superpave mix design and blended using new material with up to 15% recycled asphalt product (RAP). The material and construction methods for laying pavement shall conform in every way to the applicable Section 450, Section 455 and Section M of the Standard Specifications, except that no such construction shall be undertaken before March 30 of any year nor after December 1 of any year without prior written permission of the Board or their agent. Pavement on minor and secondary residential Subdivision streets shall be laid to a finished depth of four inches and laid in two courses. The base course (binder mix) shall be 2 1/2 inches, and the top course shall be 1 1/2 inches. Pavement on nonresidential Subdivision streets shall be laid to a minimum finished depth of five inches and laid in two courses. The base/binder course shall be three inches, each binder course shall be 1 1/2 inches, and top course shall be two inches. The Board may require the installation of Petromat® fabric or an approved equal over any areas in the subbase, base pavement that, in their opinion, require reinforcement prior to the placement of an additional course of pavement or gravel.
i. 
Existing base coat must be evaluated by the Board or their Agent to determine the condition as well as areas that will require replacement. At a minimum, the base coat must be swept and primed with a coat of bituminous material prior to laying top coat.
7. 
Curb and berm.
a. 
General requirement. Monolithic Cape Cod Berms (as an integral part of the base and final pavement) shall be blended new material and placed along both sides of the Roadway. The final finished dimensions of the Cape Cod Berm will provide a three-inch height above the gutter line at a point 12 inches behind the gutter line. (See Schedule F.)
b. 
Curb cuts.
(i) 
Driveways in Subdivisions containing one- and/or two-family dwellings only shall be no greater than 12 feet wide and shall have an opening no greater than 16 feet at the gutter line.
(ii) 
Driveways for multiple dwellings and all nonresidential uses shall be no greater than 16 feet wide and shall have an opening no greater than 20 feet at the gutter line.
(iii) 
Where rolled curbs are to be used, the driveway flare should have a two-foot radius. Driveway cuts (center line) shall not be within 73 feet of the intersection of the center line of intersecting streets.
(iv) 
At all driveways, the grade at the back edge of the Sidewalk shall be six inches higher than the grade at the gutter line.
(v) 
All driveways shall be constructed to provide adequate access to all emergency vehicles.
(vi) 
All curb cuts for driveways that intersect sidewalks must consider the proper cross slope of the continuation of the Sidewalk that crosses the driveway.
8. 
Other street-related requirements.
a. 
Embankments. Embankments within or adjoining the right-of-way shall be evenly graded and pitched at a slope or not greater than three horizontal to one vertical. Where cuts are made in ledge, other slopes may be determined with the approval of the Board. Where slopes greater than 3:1 are desired, proof of slope stability must be given to the Board in the form of suitable slope stability analysis. Where terrain necessitates greater slopes, retaining walls, terracing, fencing, or rip-rap may be used, either alone or in combination, to provide safety and freedom from maintenance, but must be done in accordance with plans filed with and approved by the Board. Due regard shall be given to the attractiveness of such required structures. Whenever embankments are built in such a way as to extend outside the road ROW, the Developer must furnish to the Town duly Recorded access Easements free of encumbrances for maintenance of the slopes, terraces or retaining walls. All such slopes shall be grassed or planted in accordance with these regulations.
b. 
Guard rails. Guard rails shall be required whenever the length or steepness of the shoulder slope, including the slope beyond the Right-of-Way, or a retaining wall is proposed, in addition to other safety concerns, when it is determined by the Board to constitute a hazardous condition. Guard rails, including the termination sections, shall be in accordance with the Standard Specifications for steel beam guard rails.
C. 
Sidewalks, Bikeways and walkways.
1. 
Required locations.
a. 
Sidewalk installation shall be based on the following guidelines:
(i) 
Sidewalks are required on all Collector Streets.
(ii) 
If the proposed Subdivision Roadway is not a Collector Street and intersects a Roadway that does not currently have a Sidewalk (either to the property boundary of the Subdivision or across any part of the existing frontage), then a Sidewalk will not be required, unless the Board, as part of the Subdivision Hearing process, determines that, for reasons of health, safety or welfare of the future residents of the proposed Subdivision or the general public, a Sidewalk will be necessary under the facts and circumstances associated with the proposed Subdivision.
(iii) 
If it is determined that sidewalks are not required, then the Developer can voluntarily choose to install the sidewalks, provided that the installation will meet the standards as set forth in these Rules and Regulations.
(iv) 
If the proposed Subdivision Roadway is not a Collector Street and intersects a Roadway that currently has a Sidewalk (either to the property boundary of the Subdivision or across any part of the existing frontage), then a Sidewalk will be required to extend and connect to the existing Sidewalk, and sidewalks will be required to be installed within the Subdivision.
b. 
If required, sidewalks within the street right-of-way shall be provided as follows:
Residential District
Rural District
Collector street (25 + homes)
Each side
1 side (min)
Minor street (11-24 homes)
1 side (min)
1 side
Lane (1-10 homes)
1 side
1 side
Dead-end street (1-12 homes)
1 side
1 side
c. 
Where sidewalks are required on each side of the street, they shall extend the full length of the street and completely around the turnarounds. Where sidewalks are required on one side only, the side shall be as determined by the Board. They shall extend the full length of the Roadway; and on streets terminating in a turnaround, the Sidewalk shall terminate with a ramp out to the pavement, at the farthest end of the curbing at the turnaround, unless it is otherwise required to be extended to connect with an off-street Walkway. In addition, public off-street walkways or Bikeways may be required by the Board to provide circulation or access to schools, playgrounds, parks, shopping, transportation, Open Space, or community facilities, or for such other reason as the Board may determine. Such Ways may or may not be part of normal Sidewalk provisions, but they shall not be a part of any Lot in the Subdivision. The Board may authorize substitution of a Bikeway for one Sidewalk where two are required.
2. 
Alignment. Sidewalks shall not be separated from the traveled Way by a planting area and shall directly abut the back edge of the berm/curb. Sidewalks shall meander as necessary to accommodate and protect existing topography, trees, ledge, and other site features. Off-street walkways and Bikeways shall have minimum center-line radius of 25 feet and maximum gradient of 5%, except 6% for segments of less than 100 feet. Leveling areas at intersections with sidewalks shall be shown in details in order to meet current MAAB and ADA standards.
3. 
Width. Sidewalks and all off-street walkways shall have a pavement width of five feet. Off-street walkways and Bikeways should have a greater width to meet the latest design criteria as a "Hiker/Biker Trail." Off-street walkways shall be located in parcels with minimum width of 20 feet. Poles, hydrants and guardrails shall not restrict this width at any point.
4. 
Construction.
a. 
All materials shall be removed for the full width of the Sidewalk to subgrade 12 inches below the finished grade as shown on the Cross Section, Schedule B. Additional excavation, as needed, shall be performed to remove unsuitable materials.
b. 
Bituminous concrete shall be laid in two courses, with a two-inch base course and a 1 1/2-inch top course, shall have a minimum thickness of 3 1/2 inches after compression, and shall be constructed on two gravel layers, as follows: one four-inch well graded and compacted gravel Type "d" gravel borrow (1 1/2 inches largest dimension) foundation placed on the surface of the subgrade and one four-inch dense graded crush stone for subbase (1 1/2 inches largest dimension) placed on the gravel borrow to the required lines and grades in accordance with the Standard Specifications. A 1/4-inch-per-foot cross-slope shall be maintained for drainage and compliance with the latest MAAB and ADA Standards.
c. 
If the Applicant desires to install cement concrete sidewalks, they shall be constructed as directed by the Board and shall be in conformity with the Standard Specifications.
5. 
Sidewalk ramps. Sidewalk ramps shall be located at all intersections and in accordance with the latest MAAB and ADA Standards, shall be constructed out of concrete and also located prior to the Point of Curvature of throat radii for turnarounds. The ramps prior to turnarounds, on roads with two sidewalks, shall have reciprocal ramps located on the opposite side of travelway. The ramp shall meet the latest MAAB and ADA dimensional specifications. A brick-colored 2' x 4' detectable warning panel shall be embedded/provided six inches from the gutter line per the latest MassDOT requirements.
D. 
Utilities.
1. 
General.
a. 
All required utilities, exclusive of transformers and electric switch gear, shall be placed underground at the time of initial construction. Required utilities may include sewer, water, storm drainage, telephone, electricity, gas, streetlighting, fire alarm systems, and cable TV, unless otherwise specified by the Board. Gas and electric distribution systems will be developed in accordance with the latest edition of the Gas and Electric Department's document entitled "Terms and Conditions for Overhead and Underground Line Extensions." The Designer shall consider having the electric/streetlighting/fire alarm/telephone/CATV located outside of the Roadway and Sidewalk on one side with the water located on the opposite side. Coordination with the utilities will be necessary as part of the design work.
b. 
Where adjacent property is not subdivided or where all the property of the Applicant is not being subdivided at the same time, provision shall be made for the extension of the utility system by continuing the mains the full length of streets and to the exterior limits of the Subdivision at such grade and size which will, in the opinion of the Board, permit their proper extension at a later date. If the electric system is terminated, it must have at the termination point an appropriate piece of switch gear which allows for expansion.
c. 
Connections for drain, water, gas, sewer, CATV and telephone service from the main structure in the Way to the exterior line of the Way shall be constructed for each Lot whether or not there is a building thereon, except that the Board may waive such requirement, in whole or in part, in the case of a Lot to be used for a park, playground or for any other purpose for which, in the opinion of the Board, such connections shall not be required.
NOTE: Under current Department of Public Utilities Rules and Regulations, Gas and Electric service line stubs cannot be installed. Any and all unused service lines and service stubs (to the property line) must be cut and capped in the main with five years of nonuse. Electric connections on underground system shall be at corner of property line with an appropriate hand hole or means of servicing provided. However, in order to avoid damage to paved roadways, driveways and sidewalks, suitable-sized pipe sleeves are to be properly installed to accommodate future gas and electric lines.
d. 
Installation and materials, unless otherwise specified, shall conform to the standards of the Town of Middleborough.
e. 
Excavation for structures, including foundations for drains and water pipes, walls and other structures shall be made to the depth as indicated on the Definitive Plan or established by the Board or its Agent in coordination with the Middleborough Gas and Electric Department as appropriate. Rock excavation designated as Class B encountered in trench excavation shall be removed at least one foot below the bottom of the pipe and as directed by the Board or its Agent.
f. 
All drain, gas and water pipes, underground utilities, and other structures shall be installed within the right-of-way line upon the completion of Roadway subgrade and before the placing of the subbase, gravel base course, sidewalks or pavement. If the pavement is removed, excavated or damaged, the trench shall be properly backfilled/compacted and repaved to the lines, grades and dimensions approved by the Board or its Agent.
2. 
Sewer system. If the municipal sewerage system will service the proposed Subdivision, sewer pipes and related equipment, such as manholes and connecting Ys, shall be furnished and installed by the subdivider in conformity with the latest specifications of the Town of Middleborough Public Works Department, Sewer Division. If the municipal sewerage system is not available, the subdivider must conform to the regulations of the Middleborough Board of Health (see also Section III.D, Procedure, Subsection 1, Review by Board of Health, as to the suitability of the land).
3. 
Water system.
a. 
Water pipes and related equipment, such as hydrants and main shutoff valves, corporation shutoff valves, service pipe to curb boxes, curb boxes and blowoffs, shall be installed within every Subdivision as necessary to provide all Lots on each street with adequate water supply for domestic and fire protection use. Such system, if it is being represented as a "Private System," shall be installed as if it is to be connected to a public system. Public water mains, house connections, and related facilities shall be installed to the latest standards of the Department of Public Works Water Division. Pipe for Water Mains shall be Class 52 cement-lined ductile-iron pipe and shall not be less than eight inches in diameter unless approved by the Board in conjunction with the Town of Middleborough Public Works Department, Water Division. Pipe joints shall be push-on type.
b. 
Where public water is provided, hydrants shall be provided every 500 running feet or part thereof on one side of each street, unless a greater distance is approved by the Chief of the Fire Department and Public Works Director, in writing. In any case, there shall be a minimum of one new hydrant in each Subdivision. They shall be of a style approved by the Department of Public Works. The deliverable fire flow shall meet current ISO requirements for all existing/potential structures served. Minimum flow requirements at all locations shall be 500 gpm with a residual pressure of 20 psi. Flow calculations shall be submitted based upon combined fire flow and peak domestic use and current, site-specific flow tests.
c. 
Each hydrant shall be served directly from the water main through a six-inch lateral connection. It shall be gated with a six-inch bottom valve and shall have 2 1/2-inch hose outlets and one five-inch pump outlet. Water main gate valves shall be located in such number and locations that lines by individual block may be isolated for maintenance purposes. Hydrant gates shall be located within the paved Roadway surface or, if approved by the Department of Public Works, within the grass strip beyond the berm and the Sidewalk.
d. 
The entire system shall be pressure-tested and disinfected in accord with American Waterworks Association Standards (AWWA) and approved by the Department of Public Works prior to acceptance.
e. 
For Subdivisions where public water is not available, every Lot must have a private water supply well as approved by the Board of Health.
4. 
Electricity and other cables.
a. 
Wiring for the fire alarm system, telephone, electrical streetlighting system and cable television, if any, shall be installed underground in the same trench with vertical and/or horizontal separation as approved by the Board and the latest requirements of the Middleborough Gas and Electric Department. Service shall be provided to each Lot and each streetlight before the subgrade is prepared. The Board and the Middleborough Gas and Electric Department may permit transformers, switches and other such equipment to be placed on the ground in approved locations, screened from view with evergreen shrubbery.
b. 
Electric streetlighting and service along streets shall be provided and installed by the subdivider in conformity with the latest requirements of the Middleborough Gas and Electric Department Specifications. Poles shall be placed behind the berm/Sidewalk in the grass along the road or other location at the discretion of the Board, provided that there is a minimum distance of four feet between the gutter line and the face of the pole. Electric service should include main power supply and service.
c. 
Municipal Streetlights are to be provided at intersections or other locations at the discretion of the Board.
d. 
Every Lot within the Subdivision is required to have a "post-mounted" driveway light adjacent to the road frontage at the driveway. The Developer shall submit a draft "Driveway Street Lantern Restrictive Covenant" to the Board for review and approval. The Developer shall execute the final "Driveway Street Lantern Restrictive Covenant" document and have it Recorded with the Definitive Subdivision (Recorded copy provided to the Board). References to the Recorded "Driveway Street Lantern Restrictive Covenant" shall be made on every Lot conveyance deed.
5. 
Gas. Gas mains shall be installed if gas connection is available. The Middleborough Gas and Electric Department shall be notified by the Developer upon approval of the Definitive Plan so that installation of gas mains may be completed without undue delay. All gas pipes are to be installed before the installation and compaction of the gravel road base. If excavation for gas mains and services is made after the subgrade is completed and inspected, the mains and services shall be put in a trench properly compacted, and if determined by the Board or its Agent, flowable fill may be required. If road/driveways were already paved, then the pavement shall be cut back one foot into stable pavement, edges tack-coated and then covered with pavement to the lines, grades and dimensions approved by the Board or its Agent.
6. 
Fire alarm system. Fire alarm system shall be provided and installed by the subdivider where required by the Middleborough Fire Department.
7. 
U.S. Postal Service. The U.S. Postal Service (USPS), in residential neighborhoods, requires centralized delivery to cluster box units (CBU) as part of the Delivery Growth Management Program. The location of the CBU shall be coordinated with and approved by the local USPS Growth Manager and should be in accordance with the "U.S. Postal Service National Delivery Planning Standards, A Guide for Builders and Developers." The location should also provide a safe method of off-street parking and should consider combining the location with other amenities, such as Open Space and designated School Bus stop locations.
E. 
Storm drainage and stormwater management
1. 
General. Subdivision design, grading, and storm drainage and stormwater management facilities shall be designed to prevent significant loss of life and property due to runoff from any foreseeable rainfall event, to provide an acceptable degree of convenient access to property during and following frequent storms, and to avoid environmental damage from either storms or the management system itself within the development and downgradient. Stormwater facilities outside of the Right-of-Way cannot be located on Lots and must be contained within dedicated Open Space. Stormwater management facilities must also comply with the Middleborough Stormwater Management By-Law.
2. 
Design guides.
a. 
Increases in stormwater runoff resulting from development shall be minimized (through the use of Low-Impact Development design considerations, including reduction of impervious surfaces as well as limiting the disturbance of natural vegetated areas) and retained or detained to predevelopment levels within the development, rather than being piped to existing surface waters. Calculations per MA DEP Stormwater Regulations, as well as required by the Middleborough Stormwater Management By-Law, must be submitted and approved by the Board verifying that the peak discharge after development is not more than the peak discharge from the site prior to development for the ten-year storm and the stormwater management facilities can safely convey the 100-year rainfall event. Satisfactory evidence of this in the form of calculations shall be submitted to the Board for verification.
b. 
Storm drain inlets and piping, as well as detention/retention basins, shall be designed based on a ten-year frequency storm, and cross culverts shall be based on a twenty-five-year frequency storm with an evaluation of the 100-year storm event included. All Stormwater Management facilities (retention, detention or facilities such as submerged gravel wetlands, etc.) will be required to have, as part of their design, soil testing (including the determination of the seasonal high groundwater), observed by the Town, and the testing data provided in the calculations. Prior to discharge, all stormwater shall pass through a series of facilities that are capable of removing 80% of the water-borne sediment (TSS - Total Suspended Solids). All stormwater shall be conveyed in ditches or storm drain lines to stormwater detention, retention or other facilities that are capable of recharging the required volume of runoff per MA DEP Stormwater Regulations. Permanent Easements and provisions for vehicular maintenance access shall be provided along the entire length of ditches and storm drain lines that are outside the Right-of-Way. No increase in stormwater runoff over predevelopment conditions will be permitted for up to the ten-year event. Evidence of this shall be submitted to the Board in the form of calculations for predevelopment versus post-development for all channels, outfalls, etc., leaving the site and any other design points as required by the Board.
c. 
All hydrological calculations (not the drain inlet and drainage conveyance calculations) shall be determined by the procedures set forth in the current edition of the Natural Resource Conservation Service's (NRCS) Urban Hydrology For Small Watersheds, Technical Release Number 55 (as amended), and using the WIN TR-55 Small Watershed Hydrology computer model or approved equal, such as HydroCAD. All assumptions in regard to the type of soil cover shall be determined from historical data for land that has been recently altered and the presumptive eventual use of the land within the entire tributary area(s) that contains the limits of the development. All drain inlet and drainage conveyance calculations shall be designed using runoff flows generated through the use of the Rational Method.
d. 
The rainfall intensity shall be determined from the current release of the Atlas 14 rainfall data for the development location. The calculation of the Time of concentration (Tc) for each subwatershed shall follow the latest NRCS guidelines as referenced in Technical Release Number 55. The Tc flow path, with supporting data for the Sheet, Shallow and Concentrated flows, shall be provided on supplemental Drainage Area Tributary Maps. Sheet Flow length shall not be greater than 50 feet. The Rational Method calculation must include the supporting documentation runoff coefficient and the Time of Concentration (cannot be set to the minimum value nor use the NRCS method for the Rational Method analysis). The Tc flow path, with supporting data for the flow path, shall be provided on supplemental Rational Method Drainage Area Tributary Maps. Once the Time of Concentration has been calculated, the value shall be adjusted to comply with the following minimum values. The minimum time of concentration for street drainage shall be five minutes and for cross culverts shall be 20 minutes. Rational Method and drainage system conveyance calculations shall be provided in a drainage report. The design data for each pipe segment shall be presented in a DOT spreadsheet format, including the determination of the HGL.
e. 
Water velocities in pipes shall be between two and 10 feet per second for the ten-year storm event, and not more than five feet per second on paved surfaces such as gutters or paved waterways, including grassed waterways.
f. 
Water shall not be allowed to run for more than 350 feet on paved Roadway surfaces. Catch basins shall be provided on both sides of the road and before intersections (to prevent surface flow into the intersection). Runoff spread along the gutter line shall not exceed 1/2 of the travel lane (spread calculations are to be provided). Catch basins shall not serve as manholes. Leaching basins are not permitted. Storm drains shall be reinforced concrete Class 3 pipe and at least 12 inches inside diameter, with at least 24 inches of cover in areas not subject to wheel loading and 36 inches of cover in the Roadway.
3. 
Lot drainage. The anticipated design of all Lots should incorporate Low-Impact Development provisions as presented in the latest Massachusetts Stormwater Handbook. A conceptual Lot development plan to define the anticipated Lot development, impervious surfaces (house, driveway, etc.), lawn areas, limit of disturbance and tree clearing (Note: clear-cutting of trees on the Lot is strictly prohibited. See the Subdivision Tree Declaration of Restrictive Covenant), natural vegetated areas to be protected and grading shall be submitted. Lots shall be prepared and graded in such a manner that development of one shall not cause detrimental drainage on another. If provision is necessary to carry drainage to or across a Lot, an Easement or drainage right-of-way of a minimum width of 20 feet and proper side slope shall be provided. Storm drainage shall be designed per latest MA DEP Stormwater Regulations and in accordance with the specifications of the Board. Where required by the Board or the Board of Health, the Applicant shall furnish evidence that adequate provision has been made for the proper drainage of surface and underground waters from any Lot or Lots. Concentrated Stormwater shall not discharge overland across Lot lines. Drainage conveyances and Easements shall be provided to convey properly treated stormwater to the nearest Wetland Resource Area, permanent stream or municipal drainage system.
4. 
Construction.
a. 
Drainage facilities shall be provided as indicated on the plan and in conformity with the requirements of the Standard Specifications. The standard depth of deep sump catch basins shall be four feet below the invert of the outlet. Manholes shall be constructed to the required depth at each junction point and as shown on the plan. Pipe culvert and pipe drains shall be in conformity with the requirements of the Standard Specifications for installation of pipes.
b. 
All drain pipes except subdrains shall be reinforced concrete pipe and shall be installed according to the size as shown on the plans. Subdrains are to be included in the design to prevent and remove groundwater from the Roadway gravel. Test pit and soil boring data shall be used to determine locations where subdrains are to be provided. Subdrains will typically run parallel to the road surface, at an elevation below the Roadway gravel and within the grass area beyond the berm. The subdrain will have a minimum diameter of six inches and shall be installed in a filter-fabric-lined trench with the perforated flexible ADS pipe surrounded by a minimum of eight inches of washed stone. The subdrain shall connect to an outfall location, and if not available, to a Catch Basin. At Roadway sag locations, an additional subdrain shall be installed across the road (below the Roadway gravel) and connect to both catch basins. No backfilling of pipes shall be done until the installation has been inspected by the Board's Agent. All drainage trenches shall be filled with clean gravel borrow in accordance with the Standard Specifications. Where subdrains are required, they shall be constructed in conformance with the Standard Specifications. Such subdrains may also be required by the Board or by the Board's Agent following clearing and grubbing operations.
c. 
No drainage pipes from roof drains, driveway drains, sump pumps or other on-Lot sources shall be connected to the street drainage system. Sewage piping or wastewater discharge shall not connect to stormwater piping systems. Cast-iron manhole covers shall be Model LK-110 as manufactured by EJ New England or approved as equal by the Board. Cast-iron catch basin grates shall be Model LF-248 as manufactured by EJ New England, or approved as equal by the Board. Cast-iron double catch basins shall be Model LV2448-1 as manufactured by EJ New England or approved as equal by the Board. All substitutions shall be as approved by the Board. Where catch basins are located either at the bottom of or along a Roadway with a profile gradient of 5% or greater, cast-iron frames and grates shall have cascade-type grates and shall be either Model LK120D-300 for a three-flange frame or Model LK121D-400 for a four-flange frame as manufactured by EJ New England or approved as equal by the Board.
F. 
Natural features.
1. 
Open space. Before approval of a plan, the Board may also, in proper cases, require the plan to show Open Space, a park or parks, suitably located for playground or recreation purposes or for providing light and air or preservation of natural buffer areas. Conservation Land as well as land subject to Conservation Restrictions shall also be shown. The Open Space, park or parks, including trails, shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land and shall be at least equal to one acre of land for each 20 single-family dwelling units or fraction thereof shown on the plan. The Open Space shall be equal to three times the floor area of all other dwelling units, and 10% of the land area for all nonresidential Subdivisions. The Board may, by appropriate endorsement on the plan, require that no building be erected upon such Open Space, park or parks without its approval for a period of three years. Each area reserved for such purpose shall be of suitable area, dimensions, topography and natural character for the purposes of a park and/or playground or Open Space. The area or areas shall be so located as to serve adequately all parts of the Subdivisions as approved by the Board. The Board may require that the area or areas reserved shall be located and laid out so as to be used in conjunction with similar areas of adjoining Subdivisions or of probable Subdivisions. Any land so reserved shall be graded to dispose properly of surface water and shall be left in condition for the purpose intended, as required by the Board. The Board shall also review the Open Space and Recreation Plan for priority protection areas or per the Natural Heritage and Endangered Species Program mapping and requirements. Compensation shall be made for land acquired in this manner as provided in MGL c. 41, § 81Q.
2. 
Protection of natural features. Every effort shall be made in both design and construction to preserve and protect all natural features, such as trees (especially specimen trees), wooded areas, watercourses, scenic points, historic spots, and similar community assets, which, if preserved, will add attractiveness and value to the Subdivision. The location of large and/or specimen trees as well as other natural features shall be clearly presented on the plans along with the provisions, including restrictive Easements, to protect them.
3. 
Planted trees. Trees shall be provided and installed in conformity with the latest requirements of the Standard Specifications for planting trees, shrubs and ground cover.
a. 
General. Trees are to be planted as required and as determined by the Board, to assure amenity for the Subdivision. Trees shall be the specimen/quality grade Type 1 "Shade Tree" as defined by the latest version of the American Standard for Nursery Stock (ANSI Z60.1).
b. 
All trees shall meet the following requirements:
(i) 
Grown in a Climate Hardiness Zone 5 or hardier;
(ii) 
Consist of well-rooted nursery-grown stock, free of injury, harmful insects, and diseases;
(iii) 
Shall have a minimum caliper size of 3 1/2 inches;
(iv) 
Shall have a single straight central leader and be symmetrical in shape, which is representative of their normal species;
(v) 
Shall have a sound branching structure, with branch spacing equal to 3% of the mature height of the normal species;
(vi) 
Have 75% healthy vegetative growth and require only minimum pruning at the time of planting.
c. 
Trees shall be planted outside of the right-of-way (ROW) and as deemed necessary, as determined by the Board, to assure amenity for the Subdivision, within a ten-foot-wide permanent tree planting Easement. The following note shall be place on the Definitive Plan Lot sheet: "Shade Trees shall be located in a ten-foot-wide permanent tree planting Easement adjacent and parallel to the street ROW line. The tree planting Easement is for the purpose of planting, maintaining or replacing the street trees for the benefit of the Developer, their assigns and successors."
d. 
Wherever possible, existing natural tree lines and mature native growth within the Subdivision should be preserved and those areas designated within restrictive Easement areas.
e. 
Trees shall not be listed on the latest Massachusetts Prohibited Plant List and may be one of the following species, unless an alternative is specifically approved by the Board:
Botanical Name:
Cultivars:
Common Name
Acer Rubrum
'Red Sunset'
Red Maple
Acer Rubrum
'October Glory'
Red Maple
Acer Rubrum
'Autumn Flame'
Red Maple
Acer Rubrum
'Bohall'
Red Maple
Gledisitia Tricanthos
'Shademaster'
Honeylocust
Gledisitia Tricanthos
'Skyline'
Honeylocust
Liquidambar
Sweetgum
Platanus Acerifolia
London Planetree
Pyrus Calleryana
Cleveland Select Pear
Quercus Rubra
Red Oak
Quercus Palustris
Pin Oak
Ulmus Americana
'Princeton'
American Elm
Ulmus Americana
'Homestead'
American Elm
Zelkova Serrata
Japanese Zelkova
f. 
Trees in residential and commercial Subdivisions shall be spaced at intervals of 50 to 67 feet and in accordance with the following table.
Type/District
Minimum Frontage
(feet)
Number of Trees Required Per Lot
Spacing
(feet)
Cluster developments
100
2
50±
Residence A (RA)
175
3
58±
Residence B (RB)
125
2
62±
Residence Rural (RR)
200
3
67±
When dealing with parcels of land that are deemed not buildable or Easements, the number of trees required shall be determined by the Board during the hearing process.
g. 
General location requirements:
(i) 
Trees shall not be clustered together, and all trees shall not be planted within 10 feet from driveways, septic systems, drainage systems, property corners, monuments, utilities or any other infrastructure which could be potentially damaged by such planted trees.
(ii) 
Trees shall not be planted within 40 feet of mature native trees that will remain after development (grading for Roadway and Lot development shall be considered in the preservation of existing trees).
(iii) 
Trees on one side of the street may be set either opposite or diagonally to trees on the opposite side; however the diagonal/offset placement is preferred with trees located between 10 feet and 20 feet from the edge of pavement.
h. 
Planting trees must be approved, in writing, by an arborist, prior to installation and shall be as follows:
(i) 
Spring: Deciduous Material - March 21 through May 15; Evergreen Material - April 15 through June 1.
(ii) 
Fall: Deciduous Material - October 1 through December 1; Evergreen Material - August 15 through October 15.
i. 
For a period of one year from the time of acceptance of the Roadway by the Town, the Developer shall be responsible for maintenance of all planted trees and replacement of those which have died, been damaged or become diseased.
4. 
Other plantings.
a. 
All areas within the right-of-way which are not paved shall either be loamed and seeded for grass or, where some or all natural vegetation is retained or to be restored, shall be mulched and planted, with designation of type of treatment to be made by the Board, taking into consideration the treatment of adjacent Lots and the feasibility of successfully retaining existing vegetation.
b. 
Areas to be planted in grass shall have loam placed to a compacted depth of six inches. The grass seed shall be Creeping Red Fescue and perennial rye grass and shall otherwise conform to the Standard Specifications. Grass seed shall be placed at the rate of four pounds per 1,000 square feet and shall be properly fertilized and watered with uniform coverage to keep the seeded areas moist. After germination has started, seeded areas shall be watered regularly to a minimum depth of two inches until the performance guarantee is released.
c. 
Areas to have natural vegetation shall have supplemental plantings as directed by the Board or its agent and shall be covered with clean pine bark mulch or wood chips to a depth of three inches, and watered if necessary, until the performance guarantee is released.
G. 
Easements.
1. 
Where utilities are within the Right-of-Way but are close to the Lot line, or they cross Lots or are centered on rear or side Lot lines, Easements shall be provided of a width of at least 20 feet centered on the pipe. For sanitary sewer lines 18 to 27 inches in diameter, the Easement width shall be 25 feet; and for pipes larger than 27 inches diameter up to 48 inches, the Easement width shall be 30 feet. For drainage pipes and sanitary sewers being installed at depths greater than five feet, the minimum Easement width shall be calculated as two times the excavation depth plus the pipe diameter plus two feet and then rounded up to the nearest five-foot increment but not less than the minimum width requirements. Additional Easements may be required for transformer locations. Where a Subdivision is traversed by a watercourse, drainageway, channel or stream, the Board shall require a stormwater Easement (meeting the MA DEP Stream Crossing Standards) or drainage right-of-way of adequate width and proper side slope as determined by the Board to conform substantially to the lines of such watercourse, drainageway, channel or stream and to provide for construction or other necessary purposes. In no case shall the width be less than 20 feet or the side slope be steeper than two horizontal on one vertical.
2. 
Access Easements or parcels to adjacent property shall be provided, if required by the Board, for use by emergency vehicles and for the benefit of the Town. They shall be a minimum width of 20 feet. Wherever possible, Easements along rear Lot lines shall be continuous to the street at the end of the block to connect with the adjoining blocks in the shortest direct line.
H. 
Other requirements.
1. 
Monuments.
a. 
Monuments shall be installed on street lines at all points of intersection of streets with each other. In addition to the monuments at the intersections, reinforced concrete monuments shall be installed at all points of curvature and at all points of change of direction. In addition, one reinforced concrete bound shall be placed so that each Lot will have at least one bound where it intersects a street ROW and capped iron rods are to be provided at other Lot corner points or other locations where, in the opinion of the Board, permanent monuments are necessary. Capped iron rods shall be installed at all Easements being conveyed to the Town.
b. 
Monuments shall be a standard permanent reinforced concrete of not less than three feet six inches in length and not less than six inches in width and breadth and shall have a 1/2-inch-diameter hole 1 1/2 inches deep drilled in the center of the top surface or a marked metal disk at the top in the center. Said monuments shall be installed at the time of final grading with the top flush with the top final graded surface. The placement and accurate location of these monuments shall be Certified by a registered land surveyor and properly located on the As-Built Plans.
2. 
Street signs.
a. 
From the time of rough grading until such time as each street is accepted by the Town as a public Way, the signposts at the intersection of such street with any other street shall have affixed thereto a sign designating such street as a private Way.
b. 
Street signs for each intersecting street shall be installed at each intersection to conform to those used by the Middleborough Public Works Department and installed at a location as approved by the Public Works Department. All other types of signs (stop, no parking, etc.) shall meet the requirements of the Standard Specifications for both materials and installation. Street signs and all other signs shall be clearly shown and noted on the plans.
3. 
Cleanup. Any area disturbed by the construction and all rights-of-way shall be cleaned up so as to leave the area shown on the plan in a neat and orderly appearance, free from debris, tree stumps, loose rocks, mounds of dirt or other objectionable material. Said material shall be removed from the site and properly disposed.
4. 
Maintenance of improvements. For the purpose of protecting the safety, convenience and welfare of the Town's inhabitants for the provision of adequate access to all of the Lots in a Subdivision by Ways that will be safe and convenient for travel, for reducing the danger to life and limb in the operation of motor vehicles, and for securing safety in the case of fire, flood, panic and other emergencies, under the authority of MGL c. 41, § 81M, as amended, the Applicant or their successor shall provide for the proper maintenance and repair of improvements during the period of construction.
A. 
Variation. Strict compliance with the requirements of these Rules and Regulations may be waived only when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. Any such waiver must be made in writing by the Board and voted, as a part of its approval or amendment thereof; otherwise, all requirements contained herein are deemed applicable. It is the policy of the Board that waivers will not be granted for any of these regulations unless the Applicant can first demonstrate that the entire Subdivision cannot be constructed in full conformance with all remaining requirements of the Rules and Regulations. The Board may then consider waiver of certain regulations if it deems their waiver to be in the public interest. Waivers approved by the Board shall be clearly listed and defined on the final plans being Recorded for the Subdivision.
B. 
Reference. For matters not covered by these Rules and Regulations, reference is made to §§ 81K to 81GG, inclusive, of Chapter 41 of the General Laws.
C. 
Building permit.
1. 
No building permit shall be issued for Lots within a Subdivision without first obtaining a Form J Release Form for such Lot.
D. 
Inspection.
1. 
Inspections shall be arranged by the Developer with the Board or its Agent for that purpose prior to the construction of streets and the installation of utilities and during construction as specified herein at each significant construction stage.
2. 
Inspection shall be requested of the Board or Agent at least 48 hours in advance of the inception of any stage of the construction.
3. 
The Board may establish the order of the required inspection and may require satisfactory completion of one step before the subdivider proceeds to the next. It may require tests to be done by the subdivider as a condition for approval when in the opinion of the Board it is advisable.
4. 
The Board's Agent shall indicate on Form O, Inspection Form, provided by the Board, the date of inspection and the approval and shall file such form, and an inspection report, if any, with the Board subsequent to each inspection.
5. 
Failure to comply with the inspection procedure may necessitate removal of improvements at the expense of the Applicant or rescission of the approval of the plan in accord with MGL c. 41, § 81W.
E. 
Validity. If, in any respect, any provision of these Rules and Regulations, in whole or in part, shall prove to be invalid for any reason, such invalidity shall only affect the part of such provision which shall be found to be invalid, and in all other respects these Rules and Regulations shall stand as if such invalid provision had not been made, and they shall fail to the extent, and only to the extent, of such invalid provision, and no other provision of these Rules and Regulations shall be invalidated, impaired or affected thereby.
F. 
Effective date. These regulations become effective after approval by the Board, certification by the Town Clerk and filing with the Registry of Deeds and the Recorder of the Land Court. These rules and regulations shall be effective on and after the 17th day of February, 1966.
As amended July, 1975
As amended October, 1985
As amended January 27, 1987
As amended November 12, 1991
As amended June 24, 2008
As amended June 9, 2020
1.0 
General provisions.
1.1 
Purpose and authority. These rules and regulations are adopted by the Planning Board, hereinafter called the "Board," as the Special Permit Granting Authority provided in the Zoning By-Laws of the Town of Middleborough, and as provided in Chapter 40A of the Massachusetts Laws for the purpose of establishing uniform procedures for the granting of Special Permits for certain uses within the Cannabis Business District (CBD), Commercial Development District, Development Opportunities District and for Adult Mobile Home Parks.
1.2 
Adoption and amendment. These rules and regulations may be adopted and from time to time amended by majority vote, provided such adoption is submitted in writing at a meeting of the Board and action thereon taken at a following meeting.
1.3 
Effective date. These rules and regulations are effective when voted. A copy shall be filed with the office of the Town Clerk, with appropriate endorsements such as:
Date of Adoption:
Date filed with Town Clerk:
Amendments - Dates of adoption:
Amendments - Dates filed with Town Clerk, etc.
2.0 
Applicant (petitioner). An application or petition for a Special Permit may be brought by a property Owner, agent or prospective purchaser who submits certification of property interest and authority to file.
3.0 
Preapplication conference. The Applicant shall first meet with the Town Planner to review and discuss the Conceptual Plans prior to meeting with the Board. The Board may hold preapplication conferences at any regular or special meeting of the Board. Conceptual plans may be submitted for discussion purposes and to assist in the identification of the nature of information necessary to meet the requirements of the Zoning By-Law for a specific use.
4.0 
Applications for special permit.
A Special Permit application package may be submitted by the Applicant or their agent. Fourteen sets of prints [three full size and 11 reduced size (11" x 17")] of the Special Permit Plan, the completed Special Permit application and supporting documents shall be filed with the minimum filing fee (see Section H) with the Board at a regularly scheduled meeting.
In addition to the paper copies, a properly formatted PDF of the Special Permit Plan, application and other supporting documents shall be electronically submitted via email or other file sharing website, i.e., Dropbox. Electronic submission process must be coordinated with Planning Office. The Special Permit application, including any submissions made electronically or by mail, shall not be deemed to be submitted until receipt has been acknowledged by the Board date-stamp on each copy of the Application form.
The Applicant shall also file, by hand-delivery or registered mail, a notice with the Town Clerk stating the date of submission to the Board for such approval of a Special Permit accompanied by a copy of said receipted and properly executed application form. The "effective date of submission" of the Special Permit application is the date, as stamped by the Town Clerk, on the receipted Application.
The Board shall, in accordance with Section 7.1, forward copies of applications for special permits to be reviewed by the Board of Selectmen, the Board of Health, the Town Manager, the Chiefs of the Police and Fire Departments, the Conservation Commission, the Industrial Development Commission and other Municipal Boards and Officials as the SPGA shall deem appropriate. Copies of such recommendations shall be sent to the Board and to the Applicant; provided, however, that failure of any such Board or Agency to make recommendations within 21 days of receipt by such Board or Agency or the Petitioner shall be deemed lack of opposition thereto. These regulations do not preclude compliance with any other State or Federal laws.
4.1 
Official application form. Applications for Special Permits shall be made on an official form, which shall be furnished by the Clerk of the Board upon request. Any communication not on an official form shall be considered as a notice of intention to apply and not as an application. All information on the form shall be supplied by the Applicant in the manner prescribed (fully and correctly). Failure to meet this requirement will be considered a failure to submit an application, and no public hearing will be scheduled.
4.2 
Plans and other pertinent information. For the purpose of furnishing sufficient information upon which to base a decision of the Board, the Applicant/petitioner shall submit plans and supporting documents to justify the issuance of the Special Permit.* Such plans and supporting documents shall be in the form indicated in Section 4.2.2 of these rules, and in the quantities requested by the Board after a preapplication conference has identified the general nature of the application and the municipal officials with potential concerns in the proposed uses. All such plans shall be prepared by a Registered Land Surveyor, and/or a Professional Engineer, shall be oriented to true North and identified by date and name of the Applicant/petitioner and contain such other information as the Board may request.
*Note: In the event the Special Permit is deemed granted as the result of the failure of the Board to act (see 40A:9), the Applicant should provide sufficient data to meet all requirements of the by-law and the statute.
4.2.1 
Locus plan. The purpose of a locus plan is to indicate the general relationship of the special permitted uses to the Town, and the access to highways. The locus plan shall show the boundaries of the permit area and of the individual Lots in relation to the boundaries of the affected zoning districts and to public and private Ways. Such a plan may be on an appropriate scale approved by the Board during the preapplication conference (one inch equals 200 feet, 400 feet, 1,000 feet).
4.2.2 
Site plans. The general purpose of a site plan is to assure Zoning compliance, proper drainage, safe access and egress, adequate parking, loading areas, signs, landscaping, screening, and consideration of the needs of abutting land Owners. As applicable, a site plan shall furnish information consistent with that required by the Board for approval of a Definitive Subdivision. Such information may be shown on one or more site plans on sheets not exceeding 24" x 36", Multiple plans shall be numbered (Example: Sheet Number 1 of 6 sheets, etc.). Site plans shall be on the scale of one inch equals 40 feet or, if appropriate, one inch equals 20 feet, and each site plan shall indicate the boundaries of the permit area and of the interior Lots. At least one plan shall indicate the identity of the Owner of each such separate parcel and of the abutting parcels as shown on the most-recent tax list of the Town of Middleborough and of the applicable adjoining municipalities. Information relating to the following existing features shall be indicated on separate or combined plans:
Natural and man-made features
Wetland Resource Area boundaries
Flood Plain District and Water Resource Protection District boundaries
Roads - public and private Ways and driveways
Means of access
Parking area
MAAB and ADA compliance
Natural and landscaped vegetation, watercourse, stream, river, creek, etc.
Dwellings and other structures
Location of public water mains, hydrants
Location of public sewerage facilities
Location of Public Utilities (including Middleborough Gas and Electric Department electric and gas systems)
Proposed uses shall be indicated also, including all new structures, changes in topography, landscaping, roads and Ways, parking and loading facilities, water and sewerage facilities, and such other information necessary to fully describe the proposal. A zoning compliance table shall also be provided.
4.2.3 
Supporting documents relative to site plans. A narrative report shall be provided to explain features shown on site plans. Such a report shall explain proposed conditions on completion of development and address the following issues:
a. 
Compliance with the Zoning By-Law: (Present and proposed future uses shall be identified as permitted or authorized by Special Permit).
b. 
Protection of adjoining premises from detrimental effects from the uses of Special Permits: (Open space, land under a Conservation Restriction, Conservation Commission Land, landscaped buffers to protect present and possible future permitted uses may be necessary.)
c. 
Vehicular and pedestrian movement: (The present location, width, grades, drainage, driveways and as proposed must be considered. There may be changes in the direction of traffic flow.)
d. 
Arrangement of structures: (Buildings, towers and signs must be considered in view of light, air, solar orientation, Open Space, land under a Conservation Restriction, and Conservation Commission Land.)
e. 
Site Lighting, Parking and loading: (Number of spaces and locations must be adequate to service proposed uses without occupying too great an area.)
f. 
Facilities: (Adequate sewerage, refuse removal, surface drainage, subsurface drainage.)
4.2.4 
Applicant shall indicate the means proposed to accomplish the following purposes:
a. 
Protection of adjacent areas against detrimental or offensive uses on the site by provision of adequate surface water drainage, buffers against bright lights, sight, sound, dust and vibration, and preservation of light and air.
b. 
Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas by provision of adequate access to cope with projected traffic flow patterns into and upon the site for both vehicles and pedestrians based upon an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours.
c. 
Waste disposal by adequate methods.
d. 
Protection of environment features on the site and in adjacent areas, by use of design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors.
e. 
Water supply from a public water supply system, or other sources of an adequate supply of potable water, together with lagoons, ponds or stand pipes, with sufficient capacity for fire protection.
f. 
Prevention of the pollution of surface water or groundwater, soil erosion, excessive runoff, changes in groundwater levels, and flooding.
g. 
Provision for the special needs of handicapped persons in all structures and common areas available to the public.
h. 
Protection from adverse environmental impacts resulting from noise, vibration, groundwater pollution from chemicals used or stored on the premises, or from storage of petroleum products.
i. 
Security of persons and property without excessive demands upon municipal police and fire departments.
j. 
Drainage, including use of porous as well as impervious parking areas and retention ponds to minimize runoff.
k. 
Maintain density of building areas and height consistent with the customary uses in Middleborough.
5.0 
(Reserved)
6.0 
Hearings.
6.1 
Joint public hearings. The application for a Special Permit may be considered at a public hearing held jointly and concurrently with other Town boards.
6.2 
Public hearings. All consideration of Special Permit applications shall be at hearings open to the public. Special permits shall only be issued after a public hearing which must be held within 65 days after the effective date of filing of a special permit application with the Town Clerk, as the designated agent of the Board. Failure by the Board to take final action by filing said decision in the office of the Town Clerk upon application for a special permit within 90 days following the date of the public hearing shall be deemed to be a grant of the permit requested, unless a waiver of time is granted by the Applicant, voted by the Board and filed with the Town Clerk. No hearing shall be held on an election, primary or caucus day in the Town of Middleborough. Notice of such hearing shall be given by publication in a newspaper of general circulation in the Town of Middleborough once in each of two successive weeks, the first publication being not less than 14 days before the day of the hearing, and by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the hearing. In all cases, notice shall be delivered in hand, sent by mail by the Board, postage prepaid, or other acceptable method of delivery to the following:
Board of Selectman
Board of Health
Town Manager
Water and Sewer Commissioners
Chief of Police
Chief of Fire Department
Conservation Commission
Industrial Development Commission
Middleborough Gas and Electric Department
Such other Boards and Officials as the Board deems appropriate
Notice shall also be sent by mail, postage prepaid, to parties in interest (the petitioner, abutters, Owners of land directly opposite on any public or private street or Way and abutters within 300 feet of the property line of the petitioner, and the Planning Boards of Raynham, Lakeville, Rochester, Wareham, Carver, Plympton, Halifax and Bridgewater, including the Regional Planning Agency).
6.3 
Representation at hearing. An Applicant, or a party in interest, may appear in their own behalf or may be represented by an authorized agent or attorney. In the absence of an appearance on behalf of an Applicant, without cause, the SPGA may deny an application or decide on the basis of available information otherwise received.
7.0 
Disposition of application.
7.1 
Referral to other agencies. Copies of the application, together with such information as the Board deems appropriate, shall be forwarded, as noted in Section 4.0, for review and recommendations to the Board of Selectmen, the Board of Health, the Town Manager, the Water and Sewer Commissioners, the Chiefs of the Police and Fire Departments, the Conservation Commission, the Industrial Development Commission, the Middleborough Gas and Electric Department, and to such other municipal Boards and Officials as the Board determines, within 14 days of the filing of the application. Failure of any such Board, Agency or Official to make recommendations within 21 days of receipt of such notice shall be deemed lack of opposition thereto.
7.2 
Voting. The affirmative vote of at least four members of the Board shall be required to authorize a Special Permit (MGL c. 39, § 23D). The record shall show the vote of each member or indicate if absent or failing to vote and, if applicable, the certification under § 23D. The decision shall state clearly the reasons for the action and shall include each specific finding required by Chapter 40A of the General Laws and by the Zoning By-Law. The Board may, as a condition of granting approval of a Special Permit, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the Town. In such event, the Board shall endorse such conditions on the plan to which they relate, or set forth a separate instrument attached thereto, to which reference is made on such plan and which shall be deemed to be a part of the plan.
7.3 
Withdrawal of application. An application may be withdrawn without prejudice by an Applicant by notice in writing to the Clerk of the Board at any time prior to the first publication of the notice of the public hearing.
7.4 
Reconsideration. No vote on an application may be reconsidered after the meeting has been adjourned.
7.5 
Appeals. Any Person aggrieved by a decision of the Board as Special Permit Granting Authority may appeal such decision as provided in MGL c. 40A, § 17, within 20 days after such decision has been filed in the office of the Town Clerk.
7.6 
Reapplication.
A reapplication of a withdrawn application (see Section 7.3) shall be permitted only by majority vote of the Board. Such a vote shall not constitute unfavorable action.
No application which has been unfavorably and finally acted upon by the Board shall be reconsidered for a Special Permit within two years after the date of the said final unfavorable action unless the Board finds, by vote of four members, specific and material changes in the conditions upon which the previous unfavorable action was based and such changes are described in the record of the Board's proceedings, and after notice is given to parties in interest of the time and place of the proceedings to reconsider in the same manner as provided for in Section 6.2 of these Rules and Regulations.
7.7 
Lapse of special permit. No special permit shall be authorized by the Board without the express condition that it will lapse if a substantial use thereof or construction there under the permit has not commenced within two years from (a) the date of final action by the Board, except for good cause; or (b) the date of the final determination of an appeal.
7.8 
Extension of special permit. Prior to the expiration of the Special Permit, the Applicant may apply for an extension of the Special Permit for a period not to exceed one year. Requests for extension may be made on an annual basis in such form as the Board shall require. The Applicant may not apply for an extension if construction or a substantial use thereof has not commenced except for good cause.
7.9 
Effective date of special permit. No Special Permit shall take effect until a copy of the decision, bearing the certification of the Town Clerk that 20 days have elapsed after the filing of the decision and no appeal has been filed, is Recorded in the Registry of Deeds and indexed under the name of the record Owner of the land.
8.0 
Decisions.
Final approval, if granted, shall be endorsed on the original drawing of the Special Permit Plan by the signatures of a majority of the Board but not until the statutory twenty-day appeal period has elapsed following the filing of the Board's certificate of approval with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. If appeal has been made, said endorsement shall be made after the entry of a final decree of the Court sustaining the approval of such Special Permit. After the Special Permit Plan has been approved and endorsed, the Board shall return the original to the Applicant.
The Applicant shall have the endorsed Special Permit approval certificate and plan Recorded at the Plymouth County Registry of Deeds within one year of the date of this approval or prior to the start of construction. The Applicant shall provide proof of recording by submitting to the Board a copy of the receipt from the Registry of Deeds indicating that the endorsed plan and certificate have been duly Recorded.
8.1 
Performance guarantee. As a condition to a Special Permit, the Board will establish a surety amount needed to complete the required improvements (including, but not limited to, the installation of Municipal Services, stormwater management facilities, outfalls and wetland replication areas, if applicable) and the Applicant shall post a bond or provide other safeguards in the form of and amount or penal sum acceptable to the Board prior to the expiration of the twenty-day appeal period, unless the Board shall specify otherwise. If the Applicant is not the Owner and must purchase to assume such obligations, he shall comply within 20 days following the date of purchase.
9.0 
Severability of provisions. The provisions of these Rules and Regulations are severable. If any provision of these Rules and Regulations is held invalid, the other provisions shall not be affected thereby. If the application of these Rules and Regulations, or any of its provisions, to any Person or circumstances is held invalid, the application of these Rules and Regulations and their provisions to other persons and circumstances shall not be affected thereby.
10.0 
Waiver of full compliance. Full compliance with these Regulations may be waived by the Board, provided such waivers are deemed by the Board to serve the public interest and do not conflict with MGL c. 40A.