A definitive subdivision plan shall conform to all of the following
design standards requirements, unless an express, written waiver is
granted by the Planning Board under MGL c. 41, § 81R.
All streets shall be designed and located so as to be continuous and in alignment with existing streets and with other proposed streets and so as to provide adequate access to all lots in the subdivision via ways that are safe and convenient for travel and so as to satisfy all of the purposes set forth under MGL c. 41, § 81M. No grant of approval for any definitive subdivision shall occur unless the Planning Board first determines that the adjacent private and public ways to which the subdivision streets are proposed to connect will provide adequate access that is safe and convenient for travel and satisfy all of the purposes set forth under MGL c. 41, § 81M, and § 302-3.11.
A.
General. Streets shall be designed and constructed so as to be continuous,
of uniform width, and in alignment with existing streets and shall
conform to the following specific requirements.
B.
Typical street cross section. Street and roadway construction shall
conform to the typical street cross sections and details shown in
Appendices II and II to the Regulations, which shall be considered
part of the Regulations.
C.
Street width of right-of-way. The minimum width of a street right-of-way
shall be 50 feet. A greater width may be required for streets that
serve commercial or industrial uses. Width of street right-of-way
within an industrial park or area shall be 70 feet.
D.
Street width of pavement. Streets shall be constructed in the manner
described herein with a minimum paved surface width of 26 feet for
all residential streets and a minimum paved surface width of 40 feet
for all commercial and industrial streets. Each street shall be constructed
on the center line of the way. The Planning Board may require, for
commercial and industrial development, that the traveled way shall
be separated by a raised median strip with a width to be determined
by the Planning Board. In this case, the traveled way shall consist
of two roadways each with a minimum width of 20 feet or such greater
width as the Planning Board may specify.
E.
Projection of streets and easements. Provision satisfactory to the
Planning Board shall be made for the proper projection of streets
or for access to adjoining property that is not yet subdivided, including
a condition that such a through connection shall not occur without
further subdivision approval, including modification of the original
subdivision. If such a projection is required, then, except as otherwise
provided by law, projection of streets shall be included within the
street layout and provision made to deed an easement interest to the
Town at the time of street acceptance although not constructed. (See
Appendix VI.) Sufficient easements for construction of the way(s)
shall be included in the plans and deeds for abutting lots. Easements
shall be located to the property boundary for future utility connections,
water main looping, etc., to the satisfaction of the Planning Board
and applicable utility purveyors. Alignment for roadways across the
street shall be provided.
F.
Reserve strips prohibited. Reserve strips prohibiting access to streets
or adjoining property shall not be permitted except where, in the
opinion of the Planning Board, such strips shall be in the public
interest.
G.
Street intersection design. Street intersections shall be laid out
either directly opposite one another or be separated by a minimum
offset of 200 feet from center line to center line, unless otherwise
specified by the Planning Board. Streets shall be laid out to intersect
as nearly as possible at right angles. No street shall intersect any
other street at less than 60°. Street intersections on the same
side of the roadway shall be separated by a minimum of 350 feet from
center line to center line.
H.
Driveway intersections. The center line of new subdivision way intersections
shall be separated from all existing and proposed driveways (both
within and outside of the subdivision) by a minimum of 75 feet.
I.
Curb radius. Street right-of-way lines at intersections shall have
a minimum curb radius of not less than 30 feet. Where the angle of
intersection between two streets varies more than 10° from a right
angle, the radius of the curve at the gutter line curblines at the
obtuse angle shall be less and at the acute angle shall be correspondingly
greater than the radius specified herein to the extent approved by
the Planning Board.
J.
Minimum center line radii. The minimum center line radii of curved
streets shall be 150 feet for minor streets, 500 feet for secondary
streets and 1,000 feet for major streets. All curved streets shall
be designed to ensure safe vehicular travel.
K.
Minimum length of tangent between reverse curbs. The minimum length
of the tangent between reverse curves shall not be less than 100 feet
radii.
L.
Minimum center-line grade. The center-line grade of any street shall
not be less than 1%.
M.
Maximum center-line grade. The maximum center-line grade shall not
exceed 6%.
N.
Vertical curves. All changes in grade exceeding 0.5% shall be connected
by vertical curves of sufficient length to afford a sight distance
of 200 feet. For purpose of design calculations a minimum K value
of 30 on a crest curve and 35 on a sag curve shall be provided.
O.
Leveling area and maximum gradient at intersections. A profile shall
be provided for a distance of 200 feet on each side of layout lines.
Where the gradient of any street is 5% or greater within 150 feet
of the intersection of street right-of-way lines, a leveling area
of at least 75 feet with a maximum gradient of 3% shall be provided.
No street shall intersect another street at a gradient in excess of
3%.
P.
Maximum gradient on curves. No center-line gradient shall exceed
6% on any curve.
Q.
Maximum gradient on dead-ends. No center-line gradient shall exceed
6% within 500 feet of a dead end.
R.
Retaining walls, guard fences and slopes. Whenever the approved street
grade differs substantially from the grade of adjacent land, or where
otherwise determined by the Planning Board to be reasonably necessary
for public safety, the applicant shall be required to erect retaining
walls and guardrail fences or provide slopes with proper plantings
to retain the slope, not steeper than 3:1. The Planning Board shall
approve the type and dimensions of such retaining walls, fences or
slopes and all work shall conform to the standard specifications of
the Town of Norwell. Construction of retaining walls shall conform
to the standards established by the Massachusetts Highway Department.
No work shall be performed in the right-of-way to a public way other
than to tie the pavement of a new subdivision way into the public
way at grade level without obtaining the necessary easement interest
to do so from Town Meeting. No work shall be performed in the right
of to a private way other than to tie the pavement of a new subdivision
way into the private way at grade level without providing evidence
of the legal right to do so.
S.
Shoulders. Improved shoulders shall slope toward the paved surface
at 1 1/2% slope. They shall be covered with six inches of loam
and shall be raked, seeded and rolled. Deviation from the above shall
occur only with the written approval of the Planning Board. Improved
shoulders on all roads shall be a minimum of four feet wide. In the
event that the sidewalk requirement is waived, the improved shoulder
shall be a minimum of five feet in width.
T.
Curbs/berms.
(1)
Curbing or berming shall be required throughout the subdivision.
Granite curbing or Cape Cod berm shall be installed at such points
as required by the Planning Board. Vertical granite curbing shall
be required at all street corners along the circumference of the roadway
for the full length of the rounded curve plus a straight section at
each end of the curve for at least six feet in length. Vertical granite
curbing may also be required on both sides of streets where the grade
exceeds 3%. Additional areas may require vertical granite curbing
if, in the opinion of the Planning Board, it would contribute to the
proper control of drainage, traffic or pedestrian safety. Driveway
cuts shall be at least eight feet wide and have a curb return at the
roadway of three feet in radius. Vertical granite curbing shall be
installed at the edge of the pavement wherever the street side line
is laid out on a curve of 60 feet or less radius and at all drain
catch basin inlets as specified in Appendix II. Sloped granite curbing
shall be allowed for cul-de-sac islands.
U.
Way lines parallel. Way lines shall be parallel.
V.
Free flow of traffic. At principal intersections, extra space shall
be required to allow for traffic circles and other devices to expedite
the free flow of traffic and to provide for adequate sight distance
at the proposed curb cut.
W.
Traffic standard. New development shall be permitted only when the
projected traffic that would be generated by the proposed development
can be accommodated either by existing roadway capacity or proposed
improvements that will ensure public safety.
X.
Extension of streets. Subdivision streets shall be laid out so as
to safely connect to existing ways. No subdivision shall be approved
unless the proposed streets connect to and are accessible from a public
way or a private way that is open and dedicated to public use, having
in the opinion of the Planning Board adequate construction, width
and grades.
Y.
Intersection sight distance. Adequate sight distance shall be provided
at all intersections with existing and proposed roadways and as set
forth below.
(1)
Required stopping distance. The required stopping sight distance
shall be calculated under the stopping sight distance of the American
Association of State Highway and Transportation Officials, A Policy
on Geometric Design of Highways and Streets 2001, 4th edition, based
on the 85th percentile speed of the major roadway. The 85th percentile
speed shall be determined from an acceptable engineering speed study
with a minimum of 20 speed observations in each direction.
(2)
Calculation of sight distance. Available intersection sight
distance shall be measured a minimum of 15 feet from the edge of pavement
along the center line of the proposed roadway. For all calculations,
the height of the driver's eye shall be considered to be 3.75 feet
above the road surface and the height of the object shall be considered
to be 0.50 foot above the road surface in accordance with AASHTO policy.
(3)
Required plan details to allow sight distance evaluation. The
definitive plan shall detail existing trees (of a caliper greater
than six inches), stone walls, fences, topography, driveways and streets
within 350 feet and pavement limits so as to allow the Planning Board's
technical consultant to adequately evaluate intersection sight distance.
The definitive plan shall include the measured sight distance triangles
and any applicable approach grades. Sufficient sight easements shall
be provided before a plan is approved.
A dead-end street shall mean any street that is closed to through
traffic at one end and shall adhere to the following requirements:
A.
Maximum length of dead-end streets. No dead-end street shall exceed
550 feet in length. The length of a dead-end street shall be measured
from the center line of the nearest intersecting through street to
the end of the subdivision way. A cul-de-sac shall be deemed a dead-end
street. A hammerhead or T-shaped arrangement of streets shall not
be considered an "intersecting through street" for purposes of this
section.
B.
Turnaround dimensions. A dead-end street shall be designed and constructed
with a turnaround at the closed end that has an outside roadway diameter
of at least 100 feet and a property line diameter of at least 124
feet. A fifty-foot minimum island diameter shall be provided in the
center of the turnaround.
C.
Fire lane. A dead-end street having in the opinion of the Planning
Board a potential hazard to public safety shall have a fire lane easement
for the travel of emergency vehicles connecting the dead-end street
with the nearest possible way in existence. The fire lane shall be
kept clear of all obstructions and shall be properly graded for its
intended use.
D.
Grade. The last 100 feet of a dead-end street shall not have a grade
greater than 3%.
E.
Termination of dead-end turnaround. Upon construction of an extension
to a dead-end street that makes it a through way, the easement for
the existing turnaround shall terminate and the turnaround shall be
removed by the applicant extending the street as a condition of subdivision
approval.
All drainage systems, including but not limited to storm drains, culverts, swales, paved waterways, ditches, ponds, basins, check dams, drainage systems, and related construction, grading and installation, including but not limited to riprap, forebays, catch basins, gutters, manholes and drainpipes, shall be designed, installed, maintained and replaced in accordance with the Regulations herein and the regulations of the Permanent Drainage Committee in effect at the date of the adoption of the Regulations as revised through November 1970 and printed in Chapter 308 of the Town Code in order to provide adequate disposal of surface and subsurface water, including control of erosion, flooding, and standing water from or in the subdivision and adjacent land. All drainage systems shall adhere to the standards set forth below.
A.
General.
(1)
Massachusetts Department of Environmental Protection stormwater
standards. All stormwater management systems shall be designed to
meet the performance standards of the Massachusetts Department of
Environmental Protection, known as Stormwater Phase II, as in effect
on June 15, 2006, except as set forth below.
(2)
American Society of Civil Engineers standards. All stormwater
management systems shall be designed to be consistent with the most
recent technical references published by the American Society of Civil
Engineers, as of June 15, 2006, as applicable. The design of every
stormwater management system shall demonstrate that no increase in
off-site runoff rate or flooding for the one-, two-, ten-, twenty-five-
and one-hundred-year storm events shall occur. Every stormwater management
system shall demonstrate that it shall provide 80% total suspended
solids (TSS) removal in a ten-year storm event.
(3)
Hydrologic design: Cornell stormwater standard, not TP40. Hydrologic
designs shall be based on NRCS TR55 and TR20 methodology, except that
the Northeast Regional Climate Center's Atlas of Precipitation Extremes
for the Northeastern United States and Southeastern Canada, Publication
No. RR 93-5 (Cornell University, Ithaca, NY, September 1993) (the
"Cornell Standard") shall be used for rainfall, not the Technical
Paper 40 Standard ("TP40").
(4)
Emergency overflow requirements for systems that use infiltration.
All stormwater management systems which are designed to rely upon
infiltration shall be designed to provide safe and controlled emergency
overflow in a one-hundred-year storm event, as defined under the Cornell
Standard, when Antecedent Moisture Condition III (i.e., saturated
surface and groundwater conditions) exists. Safe and controlled emergency
overflow shall mean that no increase in off-site runoff rate or flooding
shall occur, post-construction.
B.
Data submission. An applicant shall provide four copies of the following
data to the Planning Board and to the Permanent Drainage Committee
to allow the Planning Board's engineer and the Permanent Drainage
Committee to evaluate the proposed stormwater runoff designs:
(1)
Subarea delineation at a minimum scale of one inch equals 100
feet. A minimum scale of one inch equals 40 feet shall be required
for smaller sites or if plans are unclear at one inch equals 100 feet.
(2)
The subarea plan shall include any off-site area which flows
onto the site and shall include a downstream area to a defined control
point.
(3)
Pre- and post-construction cover types shall be identified on
the subarea plan.
(4)
Post-construction site design shall be indicated on the post-construction
subarea plan.
(5)
The plan shall indicate conceptual proposed buildings, drives,
grading, clearing limits, etc., for the maximum buildout of the lots.
(6)
Test pit logs and test pit locations shall be provided.
(7)
Test pits shall be required at the location of stormwater management
systems to determine seasonal high groundwater and soil type.
(8)
Natural Resources Conservation Service (NRCS) soil types shall
be identified on the subarea plan.
(9)
Soil type divides shall be modified if appropriate based on
actual field test data.
(10)
Pre- and post-development runoff flow paths and control points
shall be indicated on the subarea plans.
(11)
Drainage reports shall be provided as follows:
(a)
Reports shall be bound and clearly present all assumptions used
to develop the data together with final results.
(b)
References used to develop the report and justify assumptions
used shall be included in the report.
(c)
Runoff hydrographs together with input data shall be provided
for both pre- and post-construction.
(d)
Routing hydrographs with all structure data (i.e., stage, storage
and discharge) shall be provided to justify the assumptions for structures.
(e)
A summary table indicating pre- and post-development peak discharge
rates and total volume of runoff at each control point and flood elevations
as applicable shall be included in the report.
(f)
Total suspended solids (TSS) form.
(12)
Eight copies of the proposed operations and maintenance plan
for the proposed stormwater drainage system shall be provided by the
applicant with the drainage report.
C.
Minimum design criteria for stormwater basins. The minimum design
and construction requirements for stormwater basins shall be as follows:
(1)
Side slopes for stormwater basins shall be constructed with
4:1 side slopes per ASCE Design and Construction of Urban Stormwater
Management.
(2)
No subsurface infiltration systems shall be allowed.
(3)
The top of the berm width shall be eight feet per ASCE Design
and Construction of Urban Stormwater Management.
(4)
Clogging protection. Trash grates per ASCE Design and Construction
of Urban Stormwater Management shall be used and no outlet smaller
than two inches shall be used.
(5)
Maximum depth in a two-year storm event shall not exceed two
feet.
(6)
Maximum depth in a one-hundred-year storm event shall not exceed
four feet.
(7)
Berms shall be built into natural landscape if possible and
as much as possible.
(8)
Excavation shall be prohibited if the water table is within
two feet of existing grade.
(9)
An interim as-built of drainage system, including basins, shall
be completed prior to the subbase for the roadway being laid.
D.
Minimum design criteria for drainage pipes. The minimum design and
construction requirements for drainage pipes shall be as follows:
(1)
Cover. Shall be a minimum of 2.5 feet and have a maximum depth
of eight feet.
(2)
Slope. Shall have a minimum slope of 0.5% and not exceed a maximum
velocity of 15 feet per second.
(3)
Design calculations. No surcharge in system shall be allowed.
(4)
Downstream system determination shall be made and reviewed and
approved by the Planning Board's engineer. If the downstream system
is inadequate to handle the proposed runoff or the existing runoff,
the system shall be upgraded.
(5)
Minimum actual velocity in trunk lines shall be two feet per
second.
(6)
Maximum actual velocity in pipes shall not exceed 12 feet per
second.
E.
Drainage easements. Easements for all surface and subsurface drainage
structures shall be provided, as necessary and in a form that is acceptable
to the Planning Board in consultation with Town Counsel, and shall
be recorded prior to or simultaneously with the endorsed definitive
plan to ensure that individual lot owners shall properly maintain
or allow proper maintenance, repair and replacement of said structures
and shall run to a homeowners' association.
F.
Homeowners' association required to own, maintain, repair and replace
drainage systems. If any drainage structures are to be installed within
the subdivision, then a homeowners' association shall be created and
satisfy the following minimum requirements:
(1)
Membership shall be mandatory. All owners of land within the
subdivision shall be required to be members as a condition of subdivision
approval.
(2)
Ownership of drainage improvements. The homeowners' association
shall be the owner of the drainage structures and shall hold all of
the necessary easements and fees to all of the drainage structures,
including detention basins or ponds, retention basins or ponds, combination
detention/retention basins or ponds, catch basins, pipes, swales,
berms, riprap, check dams, drainage catchment areas and other drainage
structures and equipment, and to all areas that must be used to access
the drainage systems and equipment to effect maintenance, repairs
and replacement.
(3)
Management of drainage. The homeowners' association shall be
responsible for repairing, maintaining and replacing the drainage
systems within a subdivision. As a condition of approval, the homeowners'
association, in the opinion of the Planning Board, shall be sufficiently
funded initially and then require monthly or yearly funding by individual
lot owners to allow for sufficient funding of initial and projected
repair, maintenance and replacement costs.
(4)
Status reports. The homeowners' association shall be responsible
for writing to the individual lot owners twice per year to provide
a report on the status of drainage funding, including: the yearly
cost of drainage maintenance and repairs for that calendar year; the
yearly cost of drainage maintenance and repairs projected for the
following 10 calendar years; and the projected date for replacement
of drainage systems and the projected cost of the same. In addition,
at the same time, the homeowners' association shall write to the individual
lot owners and remind the individual lots owners of any obligations
that the owners may have to maintain drainage swales or berms or other
structures located on their individual lots, whether by periodic mowing
or clean outs and by not planting trees and other landscaping in drainage
swales. Individual lot owners shall also be instructed as to best
management practices that require the subdivision streets to be maintained
in a clear, swept condition to avoid damage to drainage structures.
(5)
Installation. Installation of drainage shall be under the supervision
of the Planning Board engineer.
(6)
Gas and sand traps. Gas and sand traps shall be required by
the Planning Board to prevent pollution of ponds, lakes, rivers, and/or
streams.
G.
Excavation. No excavation or removal of gravel, topsoil, or other
matter shall take place within a subdivision except:
An adequate supply of water, via water mains and related equipment
such as hydrants, main shutoff valves and other fittings, shall be
installed in all streets within the subdivision as necessary to provide
adequate water supply for domestic use and fire protection.
A.
Connection to public water system. Proper connections shall be made
with the existing public water system whenever available. Where a
public water system is not reasonably accessible, the applicant shall
install water mains and hydrants or provide easements to allow for
future connections, at the Planning Board's election.
B.
Design and installation. The design and installation of the water system shall be in accordance with the rules and regulations of the Board of Water Commissioners of the Town of Norwell, as revised through November 1970 and printed in Chapter 305 of the Town Code. In no case shall a water main be within three feet of a catch basin.
C.
Fire Chief approval. The hydrant locations shall be approved by the
Norwell Fire Chief prior to approval of the definitive plan.
D.
Dead-end water mains. Dead-end water mains shall be avoided and all
water mains shall be looped to eliminate standing water, except upon
the express written recommendation of the Board of Water Commissioners.
Easements for future extension or looping of the water system shall
be provided, except upon the express written recommendation of the
Board of Water Commissioners.
E.
Supervision of installation. Installation of water mains shall be
under the supervision of the Board of Water Commissioners.
All other utilities shall conform to the following requirements:
A.
Utilities shall be underground. Utility poles, aboveground wires
and guy wires shall not be permitted in subdivisions. All utilities,
including but not limited to waterlines, drainage, fire alarm, electricity,
gas, computer cables, telephone and cable television, shall be installed
underground, including service to the individual dwellings. Placement
of utilities in streets and roadways shall be installed as shown on
the typical street cross sections set forth in Appendix II. The location
of transformers, switches, and other such equipment shall be approved
by the Planning Board and shown on the definitive plan.
B.
Primary and secondary electric lines. Primary and secondary lines
shall run on the same side of the road. All road crossings shall be
in conduit and shall be perpendicular to the road center line at that
point. Location of telephone cables and primary and secondary power
lines shall be approved by the Wiring Inspector and a copy of the
definitive plan so endorsed and provided to the Planning Board.
C.
Warning strips. All electrical cable shall be protected with a safety
located strip or warning tape.
D.
Gas pressure reducers and meters. If a dwelling is served by gas,
then pressure reducers and meters shall be installed outside the dwelling.
A dresser-type connection shall be placed in the gas line outside
of the dwelling, but within six feet of it.
E.
Standards. Minimum standards for installation of utilities shall
be those prescribed by nationally recognized authorities such as the
National Electric Corporation (NEC), American Water Works Association
(AWWA), and American Gas Association (AGA). Requirements of local
inspectors, if more strict than the aforementioned sources, shall
prevail.
F.
Installation and inspection. Installation and inspection of all underground
utilities shall be performed and written approval obtained before
construction of the roadway base course begins.
The necessary easements to support utilities that are to be
installed in a subdivision shall be provided as follows:
A.
Location. Easements shall not be permitted to straddle lot lines
but should be located along the lines.
B.
Width. Easements shall be a minimum of 20 feet in width.
C.
Recording. Easements shall be recorded before deeds for individual
lots are conveyed and shall run initially to the homeowners' association
and then be conveyed to lot owners as necessary.
D.
Watercourses and drainageways. Where a subdivision is traversed by
a watercourse, drainageway, channel or stream, the applicant shall
provide to the homeowners' association a stormwater easement or drainage
right-of-way of adequate width to conform substantially to the lines
of such watercourse, drainageway, channel or stream and to provide
for construction or other necessary activities. The necessary fee
and easement interests in drainage structures shall be conveyed to
and held by the homeowners' association. Large drainage structures
such as detention or retention basins or ponds shall be segregated
on separate parcels that are owned by the homeowners' association.
E.
Easements for maintenance. Adequate easements for the maintenance
of slopes, bodies of water or land-locked areas shall be provided
to allow for mowing, tree maintenance and other landscaping needs
and mosquito and pest control.
A.
Streetlights shall be provided by the applicant at street intersections,
dead-ends or turnarounds and at all vertical and/or horizontal curves
as may be required by the Planning Board.
B.
Streetlight standard. Streetlights shall be Town and Country luminaire
lights, or equivalent, mounted on wood laminated poles with extension
and decorative fixture, unless otherwise approved by the Planning
Board. All lighting shall be controlled so as to be directed down
and prevent light pollution.
Sidewalks and plantings shall be required in all subdivisions
on both sides of every subdivision way as follows:
A.
Sidewalks. Sidewalks shall be a minimum of five feet wide and located
along the side line of the roadway layout in such a manner as to blend
in with the natural land features and terrain. The areas between the
sidewalk and the road surface shall be finished as directed by the
Planning Board so as to maintain a natural appearance.
B.
Pedestrianways/walkways. Pedestrianways or walkways shall be provided
to allow convenient circulation or access within the subdivision to
area schools, playgrounds, shopping, churches, transportation, parks,
conservation areas and/or other facilities. An easement of proper
width and length shall be provided.
C.
Construction requirements. Construction shall consist of 12 inches
of gravel that is consistent with the roadway cross section and, after
having been brought to subgrade by the necessary excavation and filling,
shall receive two inches, compacted depth, of approved bituminous
concrete. The areas between the sidewalk and the roadway, if to be
loamed, shall have at least six inches of screened loam. The loam
shall be spread to grade, seeded and rolled. Once gravel is laid for
a sidewalk it shall remain undisturbed, (i.e., utility crossings should
be installed prior to laying of subbase). Sidewalk construction shall
be inspected by the Planning Board's engineer at each stage of construction.
D.
Sidewalks along existing highways. Sidewalk construction shall be
required along existing highways when adjacent land is subdivided.
E.
Trees and plantings. Existing trees and shrubs, and the limbs of
existing trees and shrubs, standing within the limits of any proposed
way or public way, which, because of their location, species and/or
condition, are suitable for preservation shall be shown on the definitive
plan and shall be preserved by the applicant, provided that to do
so shall not interfere with installation and future maintenance of
underground utilities. Furthermore, all sight line requirements shall
prevail over preservation of existing trees and vegetation. The definitive
plan shall adhere to the following requirements:
(1)
Trees shall be planted by the applicant along subdivision streets
at intervals of 50 feet, subject to the location of proposed driveways,
street intersections or other features of the subdivision, and shall
be planted so that they will not interfere as they grow with proposed
utility services and sidewalk construction.
(2)
New trees shall be nursery grown and comply with the Association
of American Nurseries specifications and be at least three inches
in caliper.
(3)
The preservation of existing trees and the varieties of new
trees for planting shall be subject to the approval of the Planning
Board which shall be guided by the recommendations of the Town's Director
of Lands and Natural Resources as to the number, location, condition
and species of such trees and under Appendix III, Detail B.
(4)
No tree shall be allowed within four feet of the edge of pavement
for a way, nor shall a tree be allowed within five feet from the edge
of an underground utility that exists or is to be installed.
(5)
The applicant shall show on the definitive plan the placement
and type of trees to be preserved and planted as set forth in this
section of the Regulations and under Appendix III, Detail B.
F.
Grass plots and slopes. Embankments outside the shoulders shall be
evenly graded and pitched at a rate not steeper than 3:1. The Planning
Board may require such banks and all other disturbed areas adjacent
to the traveled way to be loamed and seeded with grass. It is recommended
that consideration be given to the surrounding growth and terrain.
Roadsides should be made to blend with the woods or natural surroundings
that exist and plantings in such areas should be chosen accordingly.
G.
Parks and open spaces. Before approval of a definitive plan, the
Planning Board may also, in proper cases, under MGL c. 41, § 81U,
Paragraph 13, require that the plan show a park or parks suitably
located for playground or recreation purposes or for providing light
and air. The park or parks shall not be unreasonable in area in relation
to the land being subdivided and the prospective uses of such land.
The Planning Board may, by appropriate endorsement on the plan, require
that no buildings be erected upon such park or parks without its approval
for a period of not more than three years. Such action is to be taken
in accordance with that portion of MGL c. 41, § 81Q, which
states that: "No rule or regulation shall require, and no planning
board shall impose, as a condition for the approval of a plan of a
subdivision, that any of the land within said subdivision be dedicated
to the public use, or conveyed or released to the Commonwealth or
to the county, city or town in which the subdivision is located, for
use as a public way, public park or playground, or for any other public
purpose, without just compensation to the owner thereof."
H.
Use of conservation grants and easements. The Planning Board encourages
applicants to investigate and make use of conservation grants and
easements, particularly in wet areas. Information can be obtained
from the Conservation Commission.
