A.
Site
Design Objectives.
(1)
Design objectives. Proposed developments must be located to preserve
and enhance the natural features of the site, including tree canopy,
to avoid disturbance of environmentally sensitive areas, to minimize
adverse impacts of development on adjoining properties, to minimize
the alteration of the natural features of the site and to preserve
and enhance scenic points, historic buildings and places and similar
community assets which add value and attractiveness to the subdivision
and the Town.
(2)
Residential development. The construction of streets and municipal
facilities and of dwellings in a residential development must consider
topography, natural features, and drainage and must promote privacy
for residents, adequate solar access, tree canopy, planting and other
natural elements and consistency with the overall aesthetic appearance
of the development.
(3)
Commercial development. The construction of streets and municipal
facilities and of buildings in a commercial development must consider
topography, natural features, and drainage and must reduce the impacts
of noise, odor, glare and the scale of development on adjoining properties.
(4)
Unsuitable land. Land that the Board determines to be unsuitable
for development due to flooding, improper or adverse drainage, adverse
topography, poor soils, bedrock, location of utility easements or
other features that the Board determines may be harmful to the safety,
health, convenience and general welfare of the present or future inhabitants
of the subdivision and or its surrounding area must not be subdivided
or developed unless adequate measures are planned by the applicant
and approved by the Board to eliminate any short-term or long-term
impacts created by development of the unsuitable land.
B.
Lots;
Property Rights.
(1)
Compliance with Zoning Bylaw. All lots shown on the plan must meet
the frontage, area, shape, and access requirements of the Zoning Bylaw.
(2)
Relationship of lot to street. Every lot must have adequate access
for pedestrians, automobiles, emergency vehicles, such as fire-fighting
apparatus and ambulances, and larger vehicles, such as delivery trucks.
(3)
Lot arrangement. Lots must be arranged so that there will be no foreseeable
difficulties in securing building permits to build on all lots due
to lack of compliance with the Zoning Bylaw; because of topography,
soils, bedrock, improper drainage or other conditions; or in providing
practical, workable access to buildings on each lot.
(4)
Easements.
(a)
Utility easements, where necessary, must be at least 20 feet wide.
(b)
When a subdivision is traversed by a watercourse, drainageway, channel
or stream, or has a stormwater storage facility, the Board may require
an easement of adequate width to conform substantially to the lines
of the feature and to offer for the possibility of flooding, protection
of banks and adjacent properties, construction or future maintenance
and other necessary purposes.
(c)
Slope easements must be offered where necessary to ensure lateral
support and protection of streets and other construction features.
(d)
No section of a street, pedestrian path, bicycle path, water system,
sanitary sewerage system, storm drainage system or another utility
system may be approved if it requires a connection to the land of
other owners unless appropriate easements are first obtained.
(5)
Subdivision straddling municipal boundaries. Whenever access to the
subdivision or any lot in it is required to cross land in another
town or city, the Board may require documentation that access for
the intended use has been legally established in that town or city
as a public street or as part of an approved subdivision in accordance
with local zoning. In general, lot lines should be laid out so as
not to cross municipal boundaries.
(6)
Self-imposed restrictions. If, as part of a subdivision application,
the applicant or owner places voluntary restrictions on any of the
land contained in the subdivision that is greater than the requirements
of these Regulations or Zoning Bylaw, such restrictions or references
to them must be shown on the definitive plan and recorded in the Registry
of Deeds.
(7)
Bounds.
(a)
Permanent reference bounds for surveying must be set:
(b)
If a permanent bound is set on a long straight line, bounds must
be set so that each is visible, or not more than 500 feet, from the
next bound in each direction.
(c)
Permanent bounds must be of granite or reinforced concrete six inches
square and three feet long with a one-inch deep one-half-inch diameter
drill hole in the top. Permanent bounds must be set in bank run gravel
and must be set flush with the surface of the ground per the Standard
Specifications. Where the soil makes the setting of permanent bounds
impractical, alternate types of permanent monumentation may be used
with the prior approval of the Town Engineer.
(8)
Markers. In addition to locations where permanent bounds are required,
a permanent reference marker for surveying must be set along each
lot line at angle points, points of change in direction or curvature.
Permanent markers must be metal pipes or pins at least 24 inches in
length and must be embedded in the ground so that they are not easily
removed or shifted from the point they mark.
C.
General
Construction Requirements.
(1)
Construction specifications. If the subdivision plan proposes construction
for which standards or specifications are not given by these Regulations,
the Board's Development Regulations, or the Town's Standard Specifications,
the Massachusetts Highway Department Standard Specification for Highways
and Bridges, latest edition, will apply. If there is a difference
between the Town's Standard Specifications and the Massachusetts Highway
Department Standard Specification for Highways and Bridges, the Town
Engineer must determine which standard or specification will apply.
(2)
Reimbursement for extra construction. The Board may require an applicant
to install municipal services and construct ways of greater width
or size than the requirements for the subdivision alone with the added
cost to be reimbursed by the Town. Under no circumstances will a developer
be reimbursed for the construction of a street with a pavement less
than 33 feet wide, nor will a reimbursement be made for extending
streets and utilities to the subdivision's boundaries.
(3)
Improvements across entire frontage. The improvements required by
these Regulations must be constructed across the entire frontage of
any lot the subdivision of which is approved by the Board.
(4)
Accessibility. All proposed improvements must comply with MGL c.
22, § 13A and all regulations adopted under it.
A.
Complete
Streets Design Objectives. All subdivision street plans and designs
must provide appropriate accommodations for all transportation system
users, including pedestrians, cyclists, transit users, and motorists.
Complete streets are designed and operated to enable safe access for
users of all ages and abilities. Street designs should be developed
in a context-sensitive manner in which consideration is given to the
surrounding physical environment, land uses, as well as the location
of existing and other planned infrastructure to support a multi-mode
transportation network.
(1)
General objectives. The subdivision street system must be designed
to:
(a)
Permit the safe, efficient and orderly movement of motor vehicles,
pedestrians, and bicycles.
(b)
Meet, but not exceed, the needs of the present and projected future
population to be served.
(c)
Offer easy and prompt access by emergency vehicles, such as fire,
police and ambulance vehicles, and to permit effective delivery of
Town services, such as snow removal, school bus, and refuse removal
services.
(d)
Contribute to a safe and efficient Town-wide system of movement of
motor vehicles, pedestrians, and bicycles.
(e)
Promote connections for pedestrians, bicycles, and motor vehicles
between adjacent neighborhoods and more direct access to public facilities,
such as schools, recreation areas, and open space.
(f)
Provide alternatives to the Town's few arterial streets to connect
adjacent neighborhoods.
(g)
Promote public transportation and increased pedestrian and bicycle
accommodations in order to reduce vehicular congestion and environmental
pollution.
(h)
Minimize the long-term costs for maintenance and repair of streets.
(i)
Enhance the appearance of the subdivision and the Town by achieving
a visually attractive streetscape.
(2)
Residential subdivisions. In addition, the street system in a residential
subdivision must be designed to:
(3)
Commercial subdivisions. In addition, the street system in a commercial
subdivision must be designed to:
B.
Layout
and Alignment of the Street System.
(1)
Must connect to a public street.
(a)
Each street within a subdivision must connect to and be accessible
from the public street system, either directly or via some combination
of:
[1]
Streets approved as part of another definitive subdivision plan
which have either been constructed in accordance with that plan or
for which adequate surety exists to guarantee satisfactory completion
of the street;
[2]
Streets other than those above which are built to the same design
standards as new subdivision streets constructed in compliance with
these Regulations; or
[3]
One or more other streets in the subdivision.
(b)
In order to meet these requirements, the applicant may improve existing
streets at its own expense. The Board may not approve a subdivision
plan that requires improvement of a street if a competent legal opinion
is presented that the applicant does not have the necessary rights
to make such improvements unless the Town Counsel provides an opinion
that any potential legal impediments to such construction have been
removed.
(2)
Streets continuous. Where there is more than one street within a
subdivision, streets must be connected into one continuous system.
(3)
Intersections.
(a)
Streets must be laid out to intersect as nearly as possible at right
angles, and in no case at less than a seventy-five-degree or more
than a one-hundred-five-degree angle.
(b)
New subdivision streets may be constructed at an intersection of
two existing streets if the proposed subdivision street is aligned
opposite one of the existing streets.
(c)
An intersection of two streets may not be within 125 feet of any
other existing or proposed intersection as measured between the points
of intersection of the center lines of the intersecting streets.
C.
Extension
to Adjoining Land.
(1)
Easement reserved for an extension to adjoining land. When land adjoining
the subdivision can be developed, the subdivision plan must allow
for the future extension of streets and other public facilities to
the adjoining land. The subdivision plan must reserve an easement
to the adjoining land for the future extension of the street and other
public facilities.
(2)
Reserve strips prohibited. Where a way within the subdivision passes
within 25 feet of an adjacent property, the subdivision plan must
reserve an easement providing access from the way to the adjacent
property.
(3)
Reconstruction of street if development of adjoining land occurs
later. If the adjoining land is later developed, the developer of
that land may extend the street and utilities to the adjoining land.
Such construction must include the removal of any turnaround. Any
land within the right-of-way that was part of the turnaround and is
no longer needed for an extended right-of-way must be landscaped and
deeded to the abutters.
(4)
Utility stubs extended.
(a)
The Board may require the developer to construct stubs of utility
lines and other underground services and facilities to the edge of
the right-of-way so that future extension of the street and utilities
can be made without digging trenches in the street.
(b)
The Board may require the developer to construct a wye stub of newly
constructed utility lines to the edge of the right-of-way of a street
to serve lots that abut the street but are not in the subdivision
so that those lots may connect to the Town system later without digging
trenches in the street.
D.
Street
Classification.
(1)
Compliance with the Classification System.
(a)
The street type is defined by assessing the street's proposed role
in the Town's (and regional) transportation system, together with
its surrounding built and natural environment. Lexington is generally
suburban in character, with some parts appearing rural and some quite
urban, which makes identifying the unique or project-specific contextual
elements crucial to determining the appropriate design.
(b)
For the purposes of an application, the Board will determine the
classification of each proposed street.
(2)
Classes. The street type reflects its degree of local access and
regional connectivity as described below:
(a)
Arterials. Arterials have a high to moderate degree of regional connectivity
at a wide range of speeds with a low to high level of local access.
Examples include Waltham Street and Massachusetts Avenue.
(b)
Collectors. Collectors have a low to moderate degree of regional
connectivity, at a wide range of speeds, with a higher degree of local
access than arterials. Grant Street, Hill Street, and Lincoln Street
are examples of collectors.
(c)
Local streets. Local streets have a low to no degree of regional
connectivity, low speeds, and a high degree of local access.
(d)
Minor streets. Minor streets are a subset of local streets that serve,
directly or indirectly, fewer than 10 existing, proposed, or potential
dwelling units. Minor streets are typically, but not always, dead-end
streets.
(3)
Street Names. Street names must be different enough in sound and
in spelling from other street names in Lexington so as not to cause
confusion. A street that is planned as a continuation of an existing
street must have the same name. The extension of a street to connect
to another street with a different name must have the name of the
longer street. The Board, after consultation with the Town's public
safety officials, determines the name of the street.
(4)
Street name signs. Street signs must be erected on two-inch inside
diameter posts at all street intersections per the Standard Specifications.
A temporary street name sign with black letters four inches long on
light background must be erected at the time work is started in that
part of a subdivision at all points where permanent signs will be
required. The developer must keep complete visibility of street name
signs until they are replaced by permanent signs that follow the Town's
specifications, at the developer's expense.
E.
Design
Standards for Streets and Rights-of-Way.
(1)
Design standards for streets and rights-of-way.
(a)
These standards draw from and rest upon several important street
design resources. These standards are consistent with, and in the
case of silence or conflict should be referred to those described
in:
[1]
The 2011 edition of "A Policy on Geometric Design of Highways
and Streets," by The American Association of State Highway and Transportation
Officials (AASHTO);
[2]
The Massachusetts Department of Transportation's specific guidance
on complete streets design standards found in the following publications:
[3]
The many related resources referenced in the above, especially
those aimed at achieving flexibility around pedestrian and bicycle
facilities,
(b)
The standards below are not an attempt to provide every detail needed
to design a right-of-way, but highlight key elements where the Town
wishes to provide specific guidance to create context-sensitive rights-of-way.
|
Standard
|
Minor
|
Local
|
|---|---|---|
|
Design speed (miles per hour)
|
25
|
25
|
|
Right-of-way cross-section elements
| ||
|
Sidewalks
| ||
|
Number
|
1
|
1
|
|
Width (feet)
|
5
|
5
|
|
Planting strip
| ||
|
Minimum width (feet)
|
4
|
5
|
|
Shoulders
| ||
|
Width (feet)
|
1
|
2
|
|
Travel lanes
| ||
|
Number
|
2
|
2
|
|
Width (feet)
|
9
|
10
|
|
Minimum grade
|
1%
|
1%
|
|
Maximum grade
|
8%
|
8%
|
|
Maximum grade within 75 feet of intersection
|
2%
|
2%
|
|
Other Design Elements/Criteria
| ||
|
Minimum overall rights-of-way width (feet)
|
40
|
50
|
|
Minimum intersection rounding radius (feet)
|
25
|
25
|
(2)
Collector and arterial design. Proposed subdivisions that require collector- or arterial-scale rights-of-way should refer to the design resources listed in Subsection E(1) above.
(3)
Cross slopes. The cross slopes of the travel lanes are 3/8 of an
inch per foot. The maximum cross slope of the planting strips is 3:1.
The maximum cross slope for sidewalks is 1.5%.
(4)
Bicycle accommodations. All proposed streets must make adequate provisions
for cyclists. For minor and local streets, these accommodations are
likely to be met by sharing the travel lane, without the need for
formal markings or signage. On collectors and arterials, however,
depending on the context, adjustments to travel lane widths, shoulder
widths, pavement markings, dedicated bicycle lanes, or separated lanes
may be required.
(5)
On-street parking. Due to their width, on-street parking is prohibited
on minor streets. Local streets, by contrast, can informally accommodate
parking on one side of the street. On-street parking on collectors
and arterials should be designed carefully in consideration of other
travel lane users, such as cyclists.
(6)
Changes in direction. Any change in direction of right-of-way tangents
must be connected by either a horizontal curve or an intersection.
(7)
Dead-end streets.
(a)
A dead-end street may not be longer than 650 feet from the point
of beginning following the center line to the furthest point on the
right-of-way line. The point of beginning of a dead-end street or
way or of a system of dead-end streets or ways is the point of intersection
of street center lines with a street of which there are two or more
distinct vehicular access routes to the general street network of
the Town.
(b)
A street sign stating "Dead End" or "Not a Through Way," satisfactory
to the Town Engineer, must be installed.
(c)
Dead-end street turnaround design standards.
[1]
Every dead-end street must Terminate with a sixty-foot radius
right-of-way line with a landscaped center island.
[2]
The pavement must have an outside turning radius of at least
50 feet.
[3]
The pavement must have an inside turning radius of at least
25 feet.
[4]
Alternative plans must include an analysis and evaluation of
fire apparatus maneuvers throughout the turnaround created by swept
path analysis and turn simulation software.
(8)
Center line of street. The center line of the paved section of the
street must follow the center line of the right-of-way.
(9)
Driveway aprons. Driveway aprons must be constructed to serve each
lot, graded to offer unimpeded drainage in the gutter, and constructed
to the same standards as the street to the actual driveway width but
in no case less than eight feet nor greater than 20 feet wide for
the entire distance between the exterior right-of-way line and the
paved section of the street.
(10)
Curbs and gutters.
(a)
Curbing is required to offer for safety, stormwater management,
and delineation and protection of the pavement edge and to prevent
erosion. Except where specified below, a continuous, low profile,
Cape Cod style berm of bituminous concrete must be provided as an
integral part of each new street.
(c)
The design, dimensions, and installation of all granite or bituminous
curbing must follow the Town's Standard Specifications.
(11)
Slopes and walls.
(a)
Wherever the grade of the approved street differs from the grade
of the adjacent land or where otherwise necessary for public safety,
in the area beyond the sidewalk or landscaped planting strip, the
developer must erect retaining walls and guardrail fences or offer
slopes no steeper than one foot vertical to three feet horizontal
in fill and one foot vertical to two feet horizontal in cut to ensure
proper protection and lateral support.
(b)
No retaining wall may have a height above finished grade greater
than five feet. Where necessary, a series of retaining walls may be
constructed in a terraced effect, provided the horizontal distance
between the outside face of one wall is at least four feet from that
of the next wall.
(c)
Landscaping must be provided on slopes and on the terraces between
retaining walls to reduce the visual impact of the construction. Such
walls, fences, slopes, and planting are subject to the Board's approval
as to location, design, and dimensions and must be constructed in
a manner satisfactory to the Town Engineer.
(12)
Sight distance, alignment, and profile. To ensure proper sight distances,
alignment and profile of proposed streets designers must use the methodology
laid out in AASHTO's "A Policy on Geometric Design of Highways and
Streets," referenced above. The Policy describes in detail how to
calculate stopping sight distances, decision sight distances, passing
sight distances, and horizontal and vertical profile.
F.
Street
Construction.
(1)
Construction standards and procedures. The following construction
and installation standards apply:
(a)
The area between the right-of-way lines must be cleared and grubbed
except for those trees intended to be preserved as street trees.
(b)
All excavation must conform to the lines and grades shown on the
approved definitive subdivision plan. Where mucky soil, ledge or clay
is encountered within the right-of-way, it must be removed entirely
and, where necessary, replaced with ordinary borrow or other materials
specified in Massachusetts Highway Department Standard Specifications
for Highways and Bridges, latest edition. Where water is encountered
or is expected to be encountered within four feet of the finished
grade of the street, subsurface drainage, of a design acceptable to
the Town Engineer, must be constructed.
(c)
Boulders or ledge must be removed to a depth of at least 24 inches
below final grade when within the area to be paved. Extensive ledge
areas may require the installation of interceptor sub drains or perforated
pipe. Where street and shoulder grades require more than two feet
of cut or fill, retaining walls may be required along abutting property
lines unless a suitable alternative is shown, such as an earth slope
one foot vertical to two feet horizontal. In such cases, a slope easement
of adequate width must be obtained.
(d)
The paved section of a street must conform to the current version
of the Town of Lexington's Standard Street Construction Details. All
materials used in the construction of streets must conform to the
Town's Standard Specifications or, when not covered by the Standard
Specifications, to the Massachusetts Highway Department Standard Specifications
for Highways and Bridges, latest edition.
(2)
Restoration of existing streets. Whenever the construction of utilities,
connection to existing services, or facilities requires opening a
street, the developer must reconstruct the existing pavement, as follows:
(a)
By cold-planing the entire width of the street to a depth of 1.5
inches, from the point of curvature of the curb rounding across the
proposed subdivision street to the point of tangency of the opposite
curb rounding; and
(b)
Overlaying the cold-planed area with a one-and-one-half-inch finish
course of bituminous concrete.
A.
Sidewalks.
(1)
Location. Sidewalks must be located within, and next to, the exterior
line of the right-of-way. Sidewalks must be a uniform distance parallel
to the paved section of the street and separated from it by a landscaped
strip. However, in order to avoid mature trees in the proposed right-of-way
that is to be preserved, applicants may deviate from this standard
without the need for a waiver, provided they remain within the right-of-way.
(2)
Alternative locations. The applicant may propose, or the Board may
require, that all or some of the walks be located within easements
rather than within the right-of-way of the street. The width and construction
of walks in easements must be the same as if within a street right-of-way.
(3)
Construction. Sidewalks construction must conform to the Town's Standard
Specifications.
B.
Footpaths
and Trails.
(1)
Where required. The Board may require the construction of a footpath
or trail to offer access to open space, recreational areas, streets,
footpaths, trails, bicycle paths, or recreational paths located either
within the subdivision or on adjoining land.
(2)
Objectives for footpaths and trails. Footpaths and trails should
be individually tailored, in width and material, to take full advantage
of the area's unique natural surroundings with attention to the following
objectives and standards:
(b)
Minimize environmental impact by:
[1]
Disturbing the environment surrounding the trail as little as
possible;
[2]
Leaving trees that will offer a natural check on the amount
of undergrowth that will require maintenance;
[3]
Designing for proper drainage;
[4]
Harmonizing the trail with its environment; and
[5]
Using natural construction materials, such as dirt, cobblestones,
or wood, where appropriate.
(3)
Path easements. Easements for footpaths or trails must be at least
10 feet wide. Easements providing public access over these paths and
trails are required.
C.
Bicycle
Path or Recreational Path.
(1)
The Board may require the construction of a bicycle path or recreational
path:
(2)
Path easements. Easements for footpaths or trails must be at least
10 feet wide. Easements providing public access over these paths and
trails are required.
(3)
Construction. A bicycle path or recreational path must be at least
10 feet wide and constructed in accordance with the Town's Standard
Specifications.
A.
Standards
for Water and Sewer Service.
(1)
Construction requirements. All elements of the water and sanitary
sewer service must be designed to comply with the Town's Water, Sewer
and Drain Regulations and the Standard Specifications.
(2)
Connection to Town system. Water and sanitary sewer mains must connect
to the municipal water supply and sanitary sewer systems, respectively.
B.
Water
Mains.
(1)
Objectives. Water mains, laterals, and appurtenances must be designed
to offer adequate water service for the needs of residents and for
fire suppression.
(2)
Looped water system. The water system must be designed to form a
continuous loop with existing or proposed water mains.
(3)
Fire hydrants. Fire hydrants must be spaced not more than 500 feet
apart. A copy of the plan showing fire hydrant locations must be submitted
by the Board to the Fire Chief for his or her comments and recommendations.
C.
Sanitary
Sewers.
(1)
Objectives. Sanitary sewers, including all appurtenances, must be
designed to connect all lots in a subdivision to the municipal sewer
system for treatment and disposal of sewage.
D.
Electric
Power and Communication Lines.
(1)
Installation. All electric power lines and communication lines must
be installed in underground conduits. Communication lines must include,
but not be limited to, telephone, security alarm, and cable television.
To ensure that future providers have access to the development, additional
conduits must be provided.
(2)
Streetlighting. The developer must show provisions for streetlighting
on a plan subject to the approval of the Town Engineer. The developer
must install the conduit underground and construct the bases. Poles
and streetlights may not be installed without the prior written approval
of the Town Engineer.
A.
Objectives.
Projects must be developed to maximize stormwater recharge within
the site, minimize direct overland runoff onto adjoining lots, streets,
and watercourses, and ensure that the Town can meet the requirements
of its National Pollutant Discharge Elimination System (NPDES) general
permit.
B.
Drainage
Easements.
(1)
Where it is necessary to carry drainage across lots within the project,
drainage easements must be provided of such width and construction
as will be adequate to accommodate the volume and velocity of the
runoff. However, in no case may the easements be less than 20 feet
wide.
(2)
When a proposed drainage system will carry water across land outside
the project boundaries, appropriate drainage rights must be secured
by the applicant and referenced on the definitive plan.
A.
Objectives
and Applicability.
(1)
Objectives. The Board determines that:
(a)
Trees and other plant materials planted within or along the right-of-way
as part of a coordinated landscape plan improve the appearance and
economic value of a subdivision;
(b)
A landscaped island in the center of a turnaround is better than
a paved surface covering the entire island;
(c)
The owners of the lots that have frontage on the turnaround, individually
and collectively, should support the landscaping in such islands,
and the owners of other lots that have frontage on sections of the
right-of-way within which landscaping is planted should support that
landscaping;
(d)
Every effort must be made to preserve existing trees within the proposed
right-of-way as well as within individual lots shown on the subdivision.
B.
Street
Trees.
(1)
Location. Street trees must be planted, at the developer's expense,
on each street within the tract being subdivided. Trees should be
planted within the right-of-way's planting strip(s) and spaced between
27 feet and 35 feet apart on center.
(2)
Characteristics. Proposed street trees must meet the following standards:
(a)
Proposed street trees must be of the applicable USDA Zone hardiness,
licensed nursery stock with good root development and branching characteristics
with a one-year warranty.
(b)
No more than 50% of any one genus may be proposed.
(c)
Proposed street tree species must be indigenous to the region. A
list of recommended tree species can be found in the Massachusetts
Division of Fisheries and Wildlife's publication "The Vascular Plants
of Massachusetts: A County Checklist."
(d)
Be a minimum size of three inches in caliper, measured four feet
from the ground level, and eight to 10 feet of height in place.
(e)
Be planted in holes of a depth and width of two times the diameter
of the root ball. Trees must be planted at their proper depth, in
good quality topsoil, and securely staked.
C.
Cul-De-Sac
Plantings. The center island of a cul-de-sac must be landscaped.
D.
Restoration
of Slopes. All cut and fill slopes subject to erosion and adjoining
the right-of-way must be planted with suitable well-rooted, low-growing
plant materials as shown on the landscape plan. Plants or perennial
grass must be suited to the adjoining landscape and located to offer
adequate cover. The Board may require the planting of sod and other
erosion control measures where called for.
A.
Designation
for Reservation. The Board may require the designation of one or more
parts of the subdivision tract for reservation for three years for
park, playground, open space or other municipal purposes. The reservation
of land may not be unreasonable in relation to the size of the tract
being subdivided and to the prospective uses of the reserved land.
B.
Plan
Notation. If the Board designates land for reservation for municipal
purposes, a notation must be made on the definitive subdivision plan
concerning the area being reserved and the requirement that no street,
utilities, building, or other improvements within the boundaries of
the land being reserved may be made for three years from the date
of endorsement of the plan without the Board's prior written approval.
C.
Action
by Town Within Three Years. During the three-year reservation period,
the Town may choose to buy any or all of the reserved land and must
justly compensate the owner for the land acquired. If the Town does
not choose to buy the land within the three-year reservation period,
the developer may go ahead with improvements per the approved subdivision
plan.
