Article IV Design and Construction Standards

Requirements. All subdivisions shall be designed and improvements made by the developer consistent with the requirements of § 350-4.1 and the typical cross-section details. See Appendix.[1] When in conflict, the design guidelines, as approved by the DPW Director and accepted by the Planning Board, shall prevail.

Editor's Note: See Appendix 1, Street Design Details, Appendix 2, Construction Details, and Appendix 3, Landscaping Details, included as attachments to this chapter.

Mitigation. Design and construction shall reduce, to the extent reasonably possible, the following:

The volume of cut and fill.

The area over which existing vegetation will be disturbed, especially on land within 200 feet of a wetland, river, pond or stream or having a slope of more than 15% or overlying easily eroded soils.

A calculation of the number of trees to be removed.

The extent of waterways and wetlands altered or relocated.

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

The removal of existing stone walls.

The visibility of building sites from existing streets.

The number of driveways exiting into existing streets.

(i)

The alteration of groundwater or surface water elevations or chemical constituents.

(j)

The disturbance of wildlife habitats, botanical features and scenic or historic qualities and character.

(k)

The soil loss or instability during and after construction.

(l)

Dust and noise.

Enhancement. Design and construction shall increase, to the extent reasonably possible, the following:

Vehicular use of major streets to avoid traffic on streets providing house frontage.

Visual prominence of natural features of the landscape.

Legal and physical protection of views from public ways.

Use of curvilinear street patterns.

Public space and pedestrian linkages.

Preservation of the natural vegetative cover and type and existing topography.

Landscaping and tree plantings.

Neighborhood character that fosters community spirit and a sense of place.

Floodplain District. All subdivision proposals shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a proposed subdivision is located within the Floodplain District established under the Zoning Bylaw,[2] it shall be shown on the plans and reviewed to assure that:

The proposal is designed consistent with the need to minimize flood damage.

All public utilities and facilities, sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.

Adequate drainage systems are provided to reduce exposure to flood hazards.

Base flood elevation (the level of the 100-year flood) data is provided for proposals greater than five acres for that portion within the Floodplain District.

Editor's Note: See Ch. 300, Zoning, of the Town bylaws.

Construction standards. To ensure high quality and uniformity of construction, and unless otherwise specified, all the work and the materials used shall conform to the requirements of the Commonwealth of Massachusetts, Department of Public Works, Standard Specifications for Highways and Bridges, the latest edition, as amended, hereinafter referred to as the "Standard Specifications," and to these regulations. Where in conflict, the provisions of these regulations shall apply.

§ 350-4.2 Streets.

Classification.

Streets within a subdivision shall be classified as follows:

Major: a street which carries traffic equivalent to that generated by 50 dwelling units or more or which serves property either used or zoned for commerce or industry.

Collector: a street which carries traffic equivalent to that generated by more than 12 dwelling units but fewer than 50 dwelling units, which has no abutting property either used or zoned for commerce or industry and which is not capable of extension to serve 50 dwelling units or more.

Minor: a street which carries traffic equivalent to that generated by 12 or fewer dwelling units, which has no abutting property either used or zoned for commerce or industry and which is not capable of extension.

In determining the classification of subdivision roads, the Board shall take into consideration abutting developable lands, the extension of utilities and the traffic volumes and character of the roads to which they connect.

Location and alignment.

Safety and attractiveness. All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular and pedestrian travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the subdivision.

Conformance to study plans. The proposed streets shall conform to any master or study plan as adopted in whole or in part by the Board or the Town of Sturbridge.

Reserve strips. 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.

Intersections and access.

Streets shall be laid out so as to intersect, as nearly as possible, at right angles. The Board may disapprove any intersection less than 90°. In no case may a street intersect any other street at less than 70°.

Provision satisfactory to the Board shall be made for the proper projection of streets and for access to adjoining property which is not yet subdivided.

Intersections of paved street side lines shall be rounded with a curve of not less than a thirty-foot radius, measured at the curbline.

Center line.

The minimum horizontal center-line radius of any curve on a collector or minor street shall be 150 feet and 200 feet on a major street. The Planning Board may require a greater radius where deemed necessary for the public safety. In rare cases, a shorter radius may be allowed if the Planning Board and DPW determine that a shorter radius will result in the preservation of trees or other natural features without detriment to public safety.

Center-line offsets for intersecting streets shall not be less than 200 feet.

In all cases, the center line of the paved surface shall be coincidental with the center line of the right-of-way, unless specifically approved by the Board and DPW and notated on the plan submittal.

Sight distances.

Sight distance requirements along roadways and at intersections shall be evaluated under two categories as defined by the Massachusetts Department of Transportation in its most current Highway Design Manual: Stopping Sight Distance (SSD) and Intersection Sight Distance (ISD). At a minimum, stopping sight distance criteria shall be met along every roadway utilized for direct access/egress to and from a parcel; that is, along any internal site roadway/driveway, as well as existing or proposed off-site roadways providing direct access/egress to and from the parcel. On existing roadways utilized for direct site access/egress, the SSD criteria shall only be applicable in the area of an intersection with a proposed site roadway/driveway.

For larger subdivisions, in addition to the SSD criteria as detailed above, decision sight distance (DSD) shall also be met at any existing or proposed intersection utilized for direct access/egress to and from the parcel. That is, any intersection of an existing roadway and proposed site roadway/driveway and/or an intersection of two existing roadways in close proximity to proposed site access/egress. Larger subdivisions shall be defined as any proposed development which shall generate in excess of 120 trips per day as calculated utilizing the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, or with more than 12 single-family dwelling units.

Width requirements.

Street right-of-way and pavement widths, measured inside of curbs or berms (face curb to face curb), shall be as follows:

Type of Right-of-Way	Street Width (feet)	Pavement Width (feet)
Major	60	32
Collector	50	26
Minor	50	22

A narrower right-of-way and/or traveled way may be allowed if the Planning Board determines that a narrower right-of-way or traveled way will result in the preservation of trees and other vegetation and will be consistent with the location and character of the subdivision. Private retaining walls and other permanent structures are not to be proposed or constructed within the right-of-way.

Standards of adequacy. The Board may require, as a condition of its approval of a subdivision plan, that the developer dedicate a strip of land for the purpose of widening ways providing access to the subdivision and that he either make physical improvements within such ways or compensate the Town for the cost of such improvements in order to meet the standards specified above.

Grade.

Design street grades shall be designed in relation to existing grades such that the volume of cuts and fills made within the right-of-way approximately balances, except to offset peat, boulders or other unusable materials to be removed.

Minimum and maximum. Grades of streets shall not be less than 1.5%. Grades shall not be more than 6.0% for major streets nor more than 8.0% for all other roads.

Leveling area. On any street where the grade exceeds 6.0% on the approach to an intersection, a leveling area with a slope of not more than 3.0% shall be provided for a distance of not less than 100 feet, measured from the nearest exterior line of the intersecting street.

Vertical curves. All changes of grade exceeding 1% shall require vertical curves.

Right-of-way grade. Proposed grades within the right-of-way shall not be more than five feet above or below the existing grades unless specifically authorized by the Board in unusual topographical circumstances. At any time the proposed right-of-way grades are below the existing right-of-way grades, the Department of Public Works may request soil borings be performed to determine soil conditions and the annual high water table elevation. Based on the results, an under-drain system may be required by the Department of Public Works. The Department of Public Works shall observe all testing.

Cul-de-sac (turnaround) grades. Proposed culs-de-sac or turnarounds shall contain slopes of not more than 3.0% starting from a distance of not less than 50 feet measured from the throat of the cul-de-sac or turnaround area.

Dead-end streets.

Dead-end streets shall be provided at the closed end with a turnaround capable of serving a vehicle of a thirty-foot length and having an outside turning radius of no less than 57 feet. The right-of-way radius will be no less than 60 feet; the pavement radius no less than 50 feet, and all pavement shall be kept within the right-of-way.

Dead-end streets shall serve no more than 10 dwelling units and shall be no longer than 500 feet but at least 200 feet, measured from the center of the turnaround to the side line of the closest connecting through street. The Planning Board may approve dead-end streets of longer lengths if, in its opinion, such longer lengths are necessitated by topography, wetlands or other local conditions, and the granting of which is in the interests of the community.

For the purposes of this section, any proposed street which intersects with a dead-end street shall be deemed an extension of that street. Dead-end streets in excess of 500 feet shall have looped water lines. An extension of a water line to the boundary of the land within a subdivision for the purposes of providing a physical loop at a later date shall not be considered "water looping."

Where through streets on the plan are not to be initially constructed, the developer shall provide for paved temporary turnarounds suitable for snowplowing and other municipal purposes, to be approved by the Board, before any houses on such streets can be issued a certificate of occupancy.

Approval of dead-end streets may be contingent upon provision of easements and necessary facilities to allow continuity of utility, drainage systems, dry hydrants and snow storage. Water mains shall normally be looped.

Construction.

Layout, clearing and grubbing. Prior to starting any construction activities, a Massachusetts registered land surveyor shall set offset grade stakes along the roadway right-of-way, center line, sidelines and sidewalks at fifty-foot intervals. All trees to be preserved shall be flagged and protected during the construction period. The site shall be walked with the Tree Warden, acting as the designated representative of the Planning Board. Clearing and grubbing shall be performed to remove stumps, brush, roots, boulders and like material from the area of the traveled way, shoulders, sidewalks and utility trenches; but elsewhere, wherever feasible, existing vegetation shall be protected.

Subgrade.

When establishing the roadway subgrade, all existing material shall be removed to the subgrade plane as defined by the typical cross-section (see Appendix[1]) for the entire width of the finished roadway. If, however, the soil is soft and spongy or contains undesirable material such as clay, sand pockets, tree stumps, stones over six inches in diameter or any other material detrimental to the subgrade, a deeper excavation below the subgrade shall be made as required by the Department of Public Works Director.

Editor's Note: The Appendices are included as attachments to this chapter.

At this point all utilities, including drainage, water and sanitary sewer and cable (where applicable), shall be installed and brought to the property line in accordance with these regulations.

Any excavated or natural area below the subgrade shall be filled to the subgrade with suitable granular material, to be approved by the Department of Public Works Director prior to its installation.

The entire roadway width then shall be rolled with a roller having an effective force of 12 tons, forming the subgrade with a three-eighths-inch-per-foot crown, as required on the cross-section plan.

Gravel base.

The gravel base of the roadway and sidewalks shall consist of unfrozen, hard, durable stone and coarse sand, free from loam and clay, uniformly graded, containing no stone having a diameter of more than three inches and conforming to the requirements of the Standard Specifications (Section M1.03.0, Type B).

Gradation tests (sieve analysis) shall be performed by an independent testing laboratory on the material to be utilized as gravel base and shall be submitted to the Department of Public Works for review. This analysis, to be done at the expense of the subdivider in advance of applying or grading the material, shall certify that said material falls within the allowable limits for gravel borrow in accordance with the Standard Specifications. The Department of Public Works Director may, at any time during the roadway construction, require additional sieve analyses.

The subdivider must demonstrate to the Department of Public Works Director that he has sufficient suitable material on site, or he shall have to haul in gravel conforming to the Standard Specifications. His intent shall be made clear to the Director.

Before the gravel is spread, the roadbed shall be sloped to a true surface, conforming to the proposed cross-section of the road, and no gravel is to be spread until this subgrade is approved by the Department of Public Works Director.

Gravel for base shall be spread in two layers of equal thickness, each thoroughly rolled true to lines and grades with a roller having an effective force of at least 12 tons so as to yield a total depth of 12 inches after thorough compaction. Any depression or soft spots that appear during or after rolling shall be filled with crushed bank gravel and be rerolled until the surface is true and even. Gradation and compaction tests shall be performed and submitted to the Department of Public Works for review. Testing shall be done by a certified laboratory; results shall be certified and be satisfactory to the Department of Public Works Director prior to placement of base course of pavement.

All sidewalk areas shall be provided with a gravel base foundation consistent with that required for roadways, except that the compacted depth shall be eight inches and the slope of the base shall be 3/8 inch per foot, sloping from the back of the sidewalk towards the curb. Gradation and compaction tests shall be performed and submitted to the Department of Public Works for review.

Each layer shall be compacted to not less than 95% of the maximum dry density of the material, as provided in the Standard Specifications. The rolled gravel shall be tested for compaction. All such tests shall be submitted to the Department of Public Works for review and shall be made at the expense of the developer.

Before pavement is placed, the rolled gravel base and sidewalk base shall be surveyed by a registered professional land surveyor. As-built plans in pan view with an accuracy of one-tenth foot vertical at every 100-foot station along the center line, sidelines and sidewalks shall be submitted to the Department of Public Works for review. They shall also include water, sewer and storm drainage systems, inverts, services and service stubs. In addition, the topography of drainage facilities shall be provided at one-foot accuracy. All shall be approved by the Department of Public Works Director prior to paving.

Pavement. A two-course bituminous concrete surface shall be applied to residential streets. A three-course bituminous concrete shall be applied to commercial and industrial streets. The first course for residential streets shall be a binder course as defined by the Standard Specifications, which, after compaction, is 2 1/2 inches thick. The first course for commercial and industrial streets shall be a base course as defined by the Standard Specifications, which, after compaction, is four inches thick. The second course for commercial and industrial streets shall be a binder course as defined by Standard Specifications, which, after compaction, is 2 1/2 inches thick. Gradation (sieve analysis) and asphalt content tests shall be performed on the material utilized as base course and/or binder course after it has been placed, and submitted to the Department of Public Works for review. All pavement shall be machine placed and rolled with a tandem roller having an effective force of not less than 12 tons. If requested by the Department of Public Works Director, compaction and plane of finished surface tests shall be performed on the base and/or binder course once in place. All requested testing shall be performed by an independent testing laboratory at the expense of the subdivider. The binder course must remain through one complete winter (December 1 to March 31). After wintering over and prior to the finished course of pavement being applied, the binder course shall be approved by the Department of Public Works Director; then the following steps shall be taken to complete the roadway pavement:

Paving will not be allowed if it is raining or the roadway is wet, if frost is present or when the air temperature is below 40° F. The temperature of the bituminous concrete mixture shall be a minimum of 290° F. prior to being placed and a minimum of 1,700° F. after intermediate rolling, all in accordance with Standard Specifications.

All frames, grates, manhole covers and water gates shall be adjusted to the proper finished grade by setting the same in a 2,500-pound-per-square-inch concrete bed. Any depressions or irregularities in the binder pavement are to be cut out to a depth of eight inches and replaced with similar concrete and hot binder at least one week before final paving.

The binder course pavement must be swept clean of all loose material. A tack coat of emulsified asphalt shall be applied with a pressure distributor at a rate of 0.10 gallon per square yard, immediately preceding the top course paving. An environmentally safe synthetic mat specifically designed for the purpose may be substituted for the tack coat of emulsified asphalt.

The finished course of Type I-i bituminous concrete top course shall be applied to a 1-1/2-inch thickness after compaction on residential, commercial and industrial streets, with a roller having an effective force of not less than 12 tons. No greater than 1% of finished road shall have exposed aggregate, defined as greater than 1/8-inch depression around the stone. Any sections of finished road surface with exposed aggregate that is greater than two feet square in area shall be removed and replaced with new finished surface. Loose aggregate is not allowed at any time.

The developer shall make and maintain all subdivision roadways so that any and all occupied dwelling units within the subdivision are easily accessible to all municipal and emergency services. In addition to the above requirement, the developer must comply with the following conditions to the satisfaction of the Department of Public Works Director prior to the first day of December (the beginning of the wintering over period):

All roadways shall be prepared in such a manner that all manholes, catch basins, valve gates or other structures in the roadway are installed with bituminous paving around the perimeter of each such structure such that a smooth transition is maintained between the top of each structure and the road surface.

No curbing or any other material shall be left in the roadway(s).

[3]

At the discretion of the Director of Public Works, temporary installation of catch basin gates may be required at levels lower than the base coat elevation so as to make them functional prior to application on the finish coat.

If requested by the Department of Public Works Director, compaction and plane of finished surface tests shall be performed on the top course paving once in place. All requested testing shall be performed by an independent testing laboratory at the expense of the subdivider. The Director of Public Works may request remedial repairs or replacement of any portion of the pavement system if it fails to meet these and/or the Standard Specifications.

Driveways.

Location. Driveway cuts shall not be allowed within 60 feet of the intersection of the center line of intersecting streets. In no instances shall catch basins be located along a driveway curb opening. Driveway openings shall be shown on the definitive plan.

Paving. Driveways shall be paved from the curb to the right-of-way property line. That portion of all driveways within the street right-of-way limits shall be constructed to the same specifications as the roadway: twelve-inch gravel base binder at 2 1/2 inches after compaction and top coat at 1 1/2 inches after compaction. Sidewalk grades shall be continuous across driveway openings. Transition in grade of no more than two inches will be allowed.

Width. Driveways shall be at least 12 feet wide and shall have an opening of at least 16 feet in the curb at the gutter line. Driveways of more than 300 feet in length shall be 12 feet wide and shall provide a turnout for emergency access.

Grade. At all driveways the grade at the back of the sidewalk shall be at least six inches higher than the grade at the gutter line.

Other. The junction of sidewalks, driveways and roadways shall be constructed in such a manner as to prevent recessed areas where puddles may form.

Access. Driveways serving the premises shall provide access through the required frontage of the serviced lot.

Curbing. The Department of Public Works shall determine the curbing material: granite, pre-cast concrete or bituminous concrete.

Type. Curbing shall be placed the full length of all streets. The type shall be VA4 (Massachusetts Department of Transportation Specification M9.04.1) vertical granite where high-frequency parking is anticipated, such as where multifamily units are to be near the street or at drop-off points in nonresidential development. At all other locations, curbing shall be Type SB sawn (smooth) top slant granite (Massachusetts Department of Transportation Specification M9.04.2).

Slant granite.

Slant granite curbing shall be of lengths determined by the Department of Transportation to be adequate to serve the situation (Massachusetts Department of Transportation Specification M9.04.2). It shall be set on a compacted gravel at some angle not less than 45° and not greater than 60°. In addition, it shall have a reveal of seven inches plus or minus 3/4 inch. It shall be supported in place by blocks or undisturbed earth. The granite shall be set in a concrete base approximately six inches square, which shall abut against the binder course. The concrete shall be placed in front and under the granite during an initial pour. The concrete shall be placed in back and under the granite during a second pour. The top course of paving will cover the concrete and key the granite in place. Joints on the face and top of the granite curb shall be mortared.

The angle, alignment and reveal shall be uniformly maintained.

Vertical granite. Vertical granite curbing shall be upright four-foot-minimum lengths, finished side facing the traveled way, with a reveal of eight inches. It shall be installed in accordance with the specifications of the Massachusetts Department of Transportation (Section 50i).

Driveways.

Two-foot vertical granite radius corner-pieces shall be placed at all driveway openings along vertical granite curbing.

Transition pieces shall be placed at all driveway openings along slant granite curbing. The transition shall be a piece of slant granite curbing (minimum length four feet) that starts with proper angle reveal and tilts downward to be flush with finish grade at the driveway opening.

§ 350-4.3 Stormwater management.

Developers shall comply with the requirements of the Town Stormwater Bylaw (Chapter 245 of the Town bylaws) and the Planning Board's Stormwater Regulations (Chapter 340, Chapter 8) and the following:

General approach.

Protection. The definitive plan shall provide adequate drainage facilities within the subdivision for collecting, conveying and disposing of stormwater in a manner which will ensure proper protection of the roadway and the areas adjacent thereto. The definitive plan shall provide for recharging groundwater with pretreated (if applicable) stormwater in an amount equal to or exceeding pre-development conditions.

On-site recharge. Developers will submit a detail of the stormwater treatment facility showing side stabilization, depth and soil character. Stormwater treatment facilities shall be employed to trap possible pollutants and handle peak stormwater flow into any off-site wetland, water body or drainage facility so that said flow will, in a ten-year and also a 100-year storm, be no higher following development than it was previously. The grading for these components must blend in naturally with existing contours. Subdivisions may not increase the peak rate and volume of stormwater flow, or increase the contaminant burden from stormwater flows. The Board may authorize an increase following applicant demonstration that such increase will cause no environmental harm or damage to public or private property. Where the only method of drainage is via public or private property, the subdivider shall furnish plans, obtain easements where necessary in the Town's behalf and assume all financial responsibility for drainage of the area. All drainage facilities proposed shall utilize best management practices as outlined in the current stormwater management policy promulgated by the Commonwealth of Massachusetts.

Stormwater management components must be located on individual parcels with access, to be conveyed to the Town through Town Meeting action.

Closed systems. Drainage system design shall provide for a closed drainage system (stormwater carried on the street surface to catch basins to storm sewers discharging to surface waters). No catch-basin-to-catch-basin connections will be allowed.

Lot drainage. 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 of at least three to one shall be provided. Storm drainage shall be designed in accordance with the specifications of the Board. Where required by the Planning Board, the applicant shall furnish evidence as to any lot or lots for which adequate provision has been made for the proper drainage of surface and underground waters from such lot or lots.

Construction.

General. Culverts shall be designed to accommodate a fifty-year-frequency storm; underground storm drains, catch basins and related installations shall be designed to accommodate a twenty-five-year-frequency storm with a design velocity of between 2.5 feet and 10.0 feet per second. In high volume conditions [greater than 15 cubic feet per second (CFS)], the maximum design velocity shall not exceed eight feet per second.

Piping.

The drainage pipe shall be N-12 or reinforced concrete, with bell-and-spigot gasketed joints. The pipe shall be Class III in accordance with ASTM C-76. The gaskets shall be O-ring type in accordance with ASTM C-443. The minimum diameter shall be 12 inches. The pipe shall be laid in undisturbed trenches below the grade of pipes, starting with the downstream end on a firm bedding. All bells shall be facing upstream. Reference benchmarks shall be clearly marked to enable the Department of Public Works Director to check the grade and invert elevations. The joints of all concrete pipes shall include a pre-molded neoprene continuous O-ring flexible compression gasket. No backfilling of pipes or culverts shall be done until the installation has been inspected and approved by the Department of Public Works Director. Backfilling shall be in layers not exceeding 12 inches, with each layer compacted by an appropriately sized plate vibrator, regardless of the method of final compaction at the subbase or gravel base level. The minimum cover is 36 inches above the top of the pipe.

If required by the Department of Public Works Director, side under-drains shall be installed on both sides of all streets, except in fill sections, and connected to the surface drainage system. In circumstances where the groundwater table is not within four feet of the finished grade and each linear foot of under-drain would serve a surface drainage area of not more than 20 square feet, or in other circumstances which would render such under-drains superfluous, the Department of Public Works may waive such requirement. The side drains shall be shown in cross-section detail.

At each outfall of a drain line, a Type B winged headwall of reinforced concrete shall be constructed according to the detail shown in the Appendix.[1]

Editor's Note: See Appendix 2, Construction Details, included as an attachment to this chapter.

Catch basins and drain manholes.

Catch basins shall be installed on both sides of the roadway on continuous grades at intervals not exceeding 300 feet, at low points on the roadway, at the corners of intersecting streets, within each turnaround and at such other locations as required by the Board. Three catch basins and two manholes are required in turnarounds sloped towards the bulbed end. Two catch basins and one manhole are required in turnarounds sloped towards the entering roadway. No catch basins are allowed in driveway openings.

Catch basins and drain manholes shall be constructed of pre-cast concrete eight inches in thickness with an inside diameter of four feet or more. They shall be built with horizontal and vertical mortared joints. The arch or cone section shall be 24 inches in height consisting of a first row, second row, third row and a ring row (either round or square as appropriate). The cone section shall be mortared on the exterior. The faces of all pipes shall be flush with or project not more than four inches into the basin or manhole. Precast catch basins and manholes may be used in lieu of concrete-block-masonry structures. Flat-topped structures are not allowed, unless with written authority of the Department of Public Works Director.

Catch basins shall have a minimum sump of 48 inches. They shall have a floor of pre-cast concrete plates, four inches thick, laid flat with no weep holes.

Drain manholes shall have a four-inch-thick concrete base. At least one row of blocks shall be set on the base to allow the construction of a brick invert within the manhole. Arched inverts of one-half the pipe diameter shall be sloped upward to the sides of the manhole. The tops of the main drain lines entering and leaving a manhole shall be matched.

No more than four pipe openings shall be allowed in any one manhole. Four-foot-diameter manholes will be used for drains up to 24 inches in diameter. Five-foot-diameter manholes are necessary for pipe diameters between 30 inches and 48 inches. All flows into a manhole shall be in the same direction (no reverse flows allowed), with a maximum angle between the main and any connecting line of 90° All connecting lines shall have bricked inverts rounded into the direction of flow.

Drain manholes shall be installed at all catch basin connections, at changes in grade, size and alignment, but in no event shall the distance between manholes exceed 300 feet.

Catch basins and drain manholes shall be constructed with cast-iron frames and covers or grates. Frames must be set in a full bed of cement mortar. Bricks shall be used between the frame and top course for grade adjustment. They shall be laid in a radial fashion with full bearing on the ring row. A maximum of two brick courses will be allowed. Frames shall be at least 265 pounds. Covers or grates shall be no less than 210 pounds, in accordance with the Standard Specifications, and shall be of North American manufacture. The word "drain" shall be cast into the solid cover in letters at least three inches in height.

Manhole casting shall be set flush with the designed finish grade of the pavement. Catch basin grates shall be set one inch below the finished gutter grade and shall be of the egg-box variety (square openings). Manhole castings and catch basin grates shall not be raised until 30 days prior to final paving. If paving does not occur within said 30 days, they shall be lowered immediately. Ramping is prohibited.

(i)

Details of standard manhole, catch basin, frame and grate and curb inlet are shown in the Appendix.[2]

Editor's Note: See Appendix 2, Construction Details, included as an attachment to this chapter.

(j)

Drain manholes shall have rung manhole steps 15 inches on center built into the vertical side.

§ 350-4.4 Utilities.

Water supply.

Design.

Public supply standards. Where feasible, water supply shall be provided from a public water supply system. In such cases, the water supply system will be considered adequate only if it is capable, without booster pumps, of providing each proposed fire hydrant with a minimum flow of 750 gallons per minute at 20 pounds per square inch residual pressure for single-family residential developments, or at some other capacity approved by the DPW Director and Fire Chief.

Public supply responsibility. If connection to a public water system is proposed but it is determined by the Board that the above standards will not be met in part or all of the subdivision, the Board may nevertheless approve the plan subject to a condition that any lot not adequately served shall not be built upon until service has been made adequate.

Private supply standards. Where connection to an adequate public water supply is infeasible prior to the time that lots will be built upon, the Planning Board shall approve a subdivision only upon making the following determinations:

That adequate water supplies are available for fire safety through reserved access to an existing or created fire pond, dry hydrants piped to such a pond or other means to be determined following consultation with the Fire Department; and

That water supplies for domestic use are likely to be able to meet Board of Health or DEP regulations for yield and quality.

Construction.

Public water mains shall be not less than eight-inch-diameter Class 52 cement-lined ductile-iron pipe with push-on gasket joints.

Connection to existing Town water mains shall be the subdivider's responsibility but shall be made only under the direction of the Department of Public Works Director. A water permit must be obtained from the Department of Public Works prior to tapping any main.

Water mains shall be laid in a dry trench on a twelve-inch bed of sand or approved material. Construction pipe shall be manually tamped with sand the full length of the pipe up to 1/2 the diameter of the pipe so as to eliminate any voids under the pipe.

Water mains shall be laid to provide a minimum cover of five feet below the finished grade and a maximum of seven feet.

A hydrant shall be located at each street intersection, and between intersections hydrant spacing shall not exceed 500 feet. Each hydrant shall be served directly from a water main through a six-inch mechanical joint connection with mega-lug restraint glands or approved equal. Hydrants shall be set in thrust blocks and of the type currently in use or approved by the Sturbridge Department of Public Works. A drainage sump of one-half cubic yard's volume of 1-1/2-inch stone shall be located at the base of the hydrant. Hydrants shall be located at the back of the sidewalk, with the breakaway hydrant flange at the finished grade or higher with a four-foot clear zone radius from the center nut and four-inch steamer connection center line shall be a minimum of 18 inches off the ground. Hydrants shall be M+H 929 or approved equal and shall be located on lot lines where possible. If only one sidewalk is to be installed, hydrants should be on the opposite side of the street. All hydrants shall be painted by the developer (color as determined by the Department of Public Works) after installation, prior to the first occupancy permit, once per year, and within six months of the release of final bonding moneys.

All water gates and hydrant gates shall be epoxy-coated. They are to be left to the finished grade in paved traveled ways and shall have a minimum of five feet and a maximum of six feet depth of cover. Service boxes are to be placed at the property line and to the finished grade, with a maximum depth of six feet and a minimum depth of five feet. Gate valves, of the type currently in use by the Department of Public Works, resilient seat openings left, shall be installed on each outlet of all tees and crosses, every 1,200 feet of main and on hydrant branches. Water main gates shall be located approximately six feet from all road tees.

All elbows, bends, tapping sleeves and tees shall be of ductile iron and designed for a working pressure of 200 pounds per square inch. They shall be installed with concrete thrust blocks of poured-in-place 2,500-pounds-per-square-inch concrete suitable in size to prevent pipe movement due to internal pressure changes or restrained joints approved by the Department of Public Works.

House service shall be obtained by the subdivider for each dwelling unit. The Sturbridge Department of Public Works will provide a water meter, pending the payment of fees, of its specification with outside register and inspect the house service. House service connections shall be Type K copper tubing of one-inch-minimum diameter. Service connections shall include a corporation stop [American Water Works Standards (AWWA) thread inlet] at the main and a curb stop with service box located behind the sidewalk at the property line. Corporation stops, curb stops and service boxes shall be of a type approved by the Department of Public Works. The subdivider shall provide the Department of Public Works with suitable sketches showing ties to all water gates, stops and curb stops before acceptance of the system. On field inspections, the developer shall supply manpower to assist the Department of Public Works in the inspection of all water service boxes and water main gates to assure that all are in working order. Before final bonding moneys are released, the developer must submit all ties to water gates and service boxes to the Engineering Department for filing. Failure to provide proper service ties will be cause for rejection. The system shall be pressure tested to 180 pounds or twice the working pressure.

(i)

The installation of water pipes or related equipment shall not be backfilled until inspected by the Department of Public Works. Backfilling and compaction techniques are the same as those for drainage.

(j)

Upon completion of the water main and prior to putting it into service, leakage and pressure tests are to be conducted in accordance with AWWA standards by a competent independent testing company approved by the Department of Public Works. After successful testing, mains shall be chlorinated according to AWWA specifications by a competent third party. Before mains are put into service, written test results for leakage and chlorination must be presented to the Director of the Department of Public Works. Chlorination tests are to be conducted by a laboratory approved by the Department of Environmental Protection. Both leakage and chlorination tests are to be witnessed by the Department of Public Works Director. Any defects shall be corrected immediately.

(k)

In the absence of Town water or where water pressure is inadequate, the developer may be required by the Board to provide a dry hydrant(s) or farm pond to allow for fire protection. Such systems shall be approved by the Fire Chief and shall be conveyed to the Town as public infrastructure.

Sanitary sewers.

Design.

Sanitary sewers, including all appurtenances, shall be designed to serve all lots in a subdivision and to provide connection to the municipal sewerage system wherever possible. Where no municipal system exists to tie into, on-site sewage disposal facilities shall only be installed and constructed in conformity with the rules, regulations and requirements of the Sturbridge Board of Health, DPW and state regulations.

No portion of a sewerage system shall be approved if it requires a connection to the municipal system over land of other owners, unless appropriate easements are first obtained.

Sewer grades shall be designed to allow sewer entrances below basement floor grades, where feasible.

Public sewers shall be designed according to professional engineering practices by a registered professional engineer.

The minimum design velocity of flow shall be two feet per second.

Manholes shall be located at every change in grade, change of horizontal alignment, change in pipe size and where two mains intersect, but not more than 300 feet apart.

All sewer tie-ins must be approved by the Board of Selectmen as soon as practical but no later than the Planning Board's close of the public hearing of the definitive subdivision plan.

All sewage disposal systems shall be designed on a gravity system; however, when not feasible, a low-pressure system may be employed, with the approval of the Board of Selectmen under the Town's Sewer Regulations and Bylaws (See Chapter 345, Sewers, § 345-35.), after review and recommendations by the Board of Health and DPW Director. A sewer pumping station may require a standby generator or other appurtenances as necessary, and is subject to design approval by the DPW Director.

Construction in all locations.

Sewer pipes shall not be less than eight inches in diameter and shall be Class SDR-35 polyvinyl chloride, ductile iron or reinforced concrete. The joining method shall be with O-ring rubber gasket joints or other equals approved by the Department of Public Works. A six-inch bed of 3/4-inch screen gravel stone shall be provided for the pipe, and an additional layer shall be provided to a height of 1/2 the diameter of the pipe. To ensure proper installation of pipe laid to a minimum slope of 1/2 foot per 100 feet, laser instruments shall be used to control the grade.

Manholes shall be a minimum of four feet in diameter and shall be precast reinforced concrete. A four-inch-minimum base shall be constructed, on top of which a brick table inverted arch shall be built with the bricks laid on edge as stretchers. Rung manhole steps, 15 inches on center, shall be built into the vertical side of the eccentric cone section. A typical sanitary manhole section is shown in the Appendix.[1] Sewer manhole covers shall be flush with the finished grade and shall be constructed in accordance with applicable requirements of § 350-4.3B(3)(g) and (h) regarding drain manholes.

Editor's Note: See Appendix 2, Construction Details, included as an attachment to this chapter.

Where sewer lines intersect with a manhole, brick invert arches are to be rounded into the flow line.

The frame and cover for a sanitary manhole is similar to a drain manhole in every respect except that the name "sewer" shall be cast into the solid cover in letters at least three inches in height.

Standard Y-tees shall be installed in the main line for each residence or lot. The subdivider shall install the building sewer in accordance with the sewer regulations of the Town of Sturbridge from the main to the residence.[2] A separate sewer permit shall be obtained from the Department of Public Works for each dwelling unit.

Editor's Note: See Ch. 345, Sewers.

The installation of public sewers or building sewers shall not be backfilled until inspected by the Department of Public Works. Backfilling procedures are the same as for drainage. The pipe must be properly tamped by hand with sand or suitable material up to 1/2 the diameter of the pipe for the full length of the pipe, to eliminate any voids under the pipe. No sewer pipe shall be laid on a ledge. Where a ledge is encountered, the pipe shall be laid on a twelve-inch bed of sand or approved material.

Before a new public sewer is accepted or placed in service, a low-pressure air test conforming to ASTM C828 and an infiltration/exfiltration measurement shall be performed to demonstrate the integrity of the sewer line and manholes. Lines demonstrating leakage of less than 50 gallons per day per inch per diameter per mile shall be accepted or placed in service.

Construction within a Wellhead Protection District.

Sewer pipes shall be of material deemed watertight and corrosion-resistant. Solid-wall plastic pipe polyvinylchloride (PVC) (Class SDR-35 minimum), ductile-iron pipe (Class 52 minimum), reinforced concrete cylinder pressure pipe and reinforced concrete pipe (RCP), or material of equal strength and durability according to ASTM standards and as approved by the Sturbridge Department of Public Works, shall be considered adequate for purposes of this section. In areas where a force main is required, only SDR-21 or -26 shall be used. Where a sewer line is to cross a creek, brook, stream or other body of surface water, the line shall be placed no less than two feet below the creek, brook or stream bed, and the pipe shall be enclosed in concrete (4,000 pounds per square inch) for all creek, brook or stream crossings, and the pipe must be ductile-iron pipe, Class 53 minimum.

Sewer joints shall be compression gasket joints. In areas where a force main is required, ductile-iron mechanical joints shall be used at all bends.

Trenches shall be as narrow as engineering considerations allow, and bentonite dams shall be installed in all trenches. Bedding and backfill shall be a combination of both coarse and fine aggregate, and filter fabric shall be used in fine sands, silts or clay in bedding preparation. Construction shall proceed only in dry conditions.

Manholes shall be precast concrete and designed with as few construction joints as possible, and all joints shall be sealed with neoprene O-rings or bitumastic sealant. In areas of the Water Resource District which lie within the Floodplain District, only watertight or bolt-down manhole covers shall be used.

Before a new public sewer is accepted or placed in service, a low-pressure air test conforming to ASTM C828 and an infiltration/exfiltration measurement shall be performed to demonstrate the integrity of the sewer line and manholes. Within the Water Resource District, only lines demonstrating leakage of less than 50 gallons per day per inch per diameter per mile shall be accepted or placed in service.

Sewer pump/lift stations shall be designed in accordance with the current standards and specifications of the Department of Public Works. Sewer pump stations shall be placed on a separate parcel with access easements, and shall be the responsibility of the developer and subsequently the homeowners' association until such time as the Town may assume ownership. Said pump stations with appurtenances shall be guaranteed free from defect in construction and operation by the posting of a performance or defect guarantee for a minimum period of 20 years in an amount not to exceed 20% of the value of said improvement.

Other utilities.

Wiring. Electrical, telephone and television community cable conduits shall be placed underground. Size and materials of these conduits and lateral spacing between conduits shall meet the requirements of the respective utility company. The utilities shall not be located under the sidewalks. Poles and any associated overhead structures, of a design approved by the Planning Board, shall be provided for use for police and fire alarm boxes and any similar municipal equipment and for use for streetlighting.

Streetlighting. It is the responsibility of the developer of any subdivision within the Town of Sturbridge to provide for the installation of streetlighting within that subdivision in accordance with National Grid/Massachusetts Electric Company "Street Lighting — Underground — Division of Ownership S-3" standards, as may be amended or updated from time to time by the Massachusetts Electric Company. In those situations where a dwelling unit is completed, the developer shall install all roadway lighting in those designated locations along the roadway that would be considered the normal path of ingress to and egress from that dwelling. A developer may select either of the following options:

Unaccepted streetlighting. Where the Town has not agreed or is likely not to accept future payment for streetlighting, the developer, contractor or association of customers shall:

Provide, install and retain ownership of all streetlighting equipment, including underground conductors, conduits, foundations, poles and luminaries; and

Contract directly with Massachusetts Electric Company to provide electricity for light operation and to service and maintain all equipment on a long-term basis.

Accepted streetlighting.

Where the Town has accepted a roadway or is likely to accept streetlighting, the developer, contractor or association of customers shall provide and install all streetlighting, including underground conductors, conduits and foundations on which poles and luminaries are set; and provide and install such pole or enter into an arrangement with Massachusetts Electric Company to provide and install such poles at the developer's, contractor's or association's expense.

In case of accepted streetlighting, the Town shall contract with Massachusetts Electric Company to provide electricity for light operation and to service and maintain equipment.

Installation.

Streetlighting shall be installed as follows: Within a subdivision, each intersection, intersecting way, cul-de-sac, curve (with a radius of 60° or greater over a linear distance of 200 feet) or other road hazard shall be illuminated by a lighting fixture(s) which is to be installed on a structure(s) (pole, post, etc.) nearest the road hazard identified.

The quantity, type and location of lights within a proposed subdivision shall be subject to Planning Board approval and shown on the definitive plan. The lighting fixture and structure specification is as follows:

[a]

Fixture lumen rating: 4,000.

[b]

Nominal structure mounting height above street grade: 25 feet.

Other requirements.

All underground utilities shall be installed prior to application of the gravel base.

All other utilities installed in a subdivision shall be shown on the as-built plans.

All underground utilities shall be installed in a parallel fashion. The sewer line shall be in the center of the road and drainage and water on either side, with at least 10 feet separating the water and sewer lines.

Detention basins. Where employed, detention basins shall be designed in compliance with the following:

Depth and grading. Basin overspill height shall be not less than one foot above the highest water surface projected for the design storm, and shall not exceed five feet above bed elevation. The slope of detention basin walls shall not exceed one foot vertical in three feet horizontal.

Base determination. The base of the detention basin shall be a minimum of two feet above the maximum water table as defined by the Town of Sturbridge Board of Health regulations. (Deep tests shall be made between February 15 and May 15.) Groundwater level shall be certified by a Massachusetts registered professional engineer. The detention basin base must be entirely below the existing grade, not constructed on fill material.

Inflow. Inflow pipe invert shall be high enough that there will not be substantial backwater in the pipe with the detention basin at maximum depth. The downstream end of the inflow pipe shall be suitably protected against scour and shall protect the bed and sides of the basin.

Outflow. An outflow drain with trash interceptor shall be provided, with a design assuring that outflow will not exceed existing flows for any event up to the design storm, and that the basin will empty in not more than four days in the design storm. In no case shall an outflow pipe be less than eight inches in diameter. Outflow invert shall be not less than 0.50 foot above bed elevation. An overflow weir protected against erosion shall be provided for accumulations exceeding those of the design storm.

Planting. All disturbed areas, including basin side slopes and bottom, shall be provided with four inches of loam, and seeded.

Ownership. Where the detention basin is to be owned by the Town, it shall be located on a separate parcel that provides direct access from the nearest roadway. The developer shall provide easements for both the parcel and detention basin access before construction commences, and convey ownership to the Town at the time of acceptance at Town Meeting.

Maintenance. Maintenance of detention facilities, other off-street drainage elements and access shall be assured at no expense to the Town, until accepted at Town Meeting.

§ 350-4.5 Other improvements.

Sidewalks.

Number and location. In residential subdivisions, sidewalks are generally required on one side of the road, unless the Board determines that two sidewalks are necessary to adequately service pedestrian traffic. The Board shall also consider the preservation of natural features in making its determination concerning the number of sidewalks required. In the interests of good design and enhancement of pedestrian ways, the Board may also consider sidewalks that follow along or around natural features and do not parallel the roadway. Commercial and industrial subdivisions require sidewalks on both sides of the road.

Construction.

In residential areas, sidewalks shall be four feet wide. In commercial and industrial areas, sidewalks shall be six feet wide. In all areas, all materials shall be removed or filled to a depth of 13 inches below the finished design grade. In areas of high groundwater, as determined by soil borings, all materials shall be removed or filled to a depth of 17 inches below the finished design grade. Any soft spots of undesirable materials shall be removed and replaced with gravel. The sidewalk area shall be filled with gravel and rolled or compacted with a vibratory plate of a suitable size to a compacted depth of eight inches with a slope of 3/16 inch per foot towards the curb. In areas of high groundwater as previously determined, the compacted depth of gravel shall be increased to 12 inches.

Sidewalks shall extend to the paved roadway at intersections to provide convenient walk-off for crossings and shall be ramped for the handicapped to the gutter with no curb. Handicap ramps shall be shown on the plan and shall be constructed in accordance with the latest revision of the Massachusetts Architectural Access Board codes.

If concrete, a five-inch-thick Class A [4,000 pounds per square inch (psi)] concrete shall be applied to the prepared gravel base. A slump test shall be performed by an independent testing lab for every other truck. The slump shall vary between two inches and four inches. Department of Public Works personnel shall observe and accept or reject the concrete delivery based on test results. Sidewalk grade shall be continuous across driveways openings. Transition in grade will not be allowed. Four-by-four-inch welded wire mesh or equal shall be installed at all driveway aprons. The welded wire mesh or equal shall be supported in place such that a minimum two-inch concrete coverage is maintained in all locations. The concrete shall be a plant mix, placed, floated, troweled and then finished with a broom. Curing and sealing compound shall be applied. Preformed expansion joints shall be installed 15 feet on center for five-foot-wide sidewalks and 18 feet on center for six-foot-wide sidewalks. Finished sidewalks shall be sloped 3/16 inch per foot towards the curb. Troweled joints shall be installed five feet on center in residential areas and six feet on center in commercial and industrial areas. Plant mix design data and delivery slips shall be submitted to the Department of Public Works for review. All construction and concrete repair (if necessary) shall be in accordance with Massachusetts Department of Transportation Standards. Finished concrete sidewalks shall be inspected by the Department of Public Works Director and will not be accepted until the surface is uniform and contains no defects.

When in the opinion of the Planning Board bituminous concrete sidewalks are adequate, they shall consist of three inches of bituminous concrete applied in a base two-inch layer and a top one-inch layer.

Grass plots.

Location. A vegetated area of at least four feet in width shall be located between the sidewalk and the curbing, maintained in grass or retained natural vegetation, unless the Board approves an alternate sidewalk placement.

Maintenance. All grass strips shall be maintained by the owner(s) until such time as the Town may accept the public infrastructure at Town Meeting.

Planting areas and shoulders shall pitch toward the traveled way not less than 1/4 inch nor greater than two inches to the foot. The area between the sidewalk and traveled way shall have six inches of loam which, when rolled, shall match with the top course of the sidewalk and the top of the front face of the slant granite.

All disturbed unpaved areas within the street right-of-way shall be loamed to a minimum of six-inch thickness and seeded.

Grass seed shall be spread during the growing season at the rate of four pounds per 1,000 square feet. It shall be a mixture of creeping red fescue and perennial rye grass. It shall be properly fertilized, limed and watered. A guaranty period of one year from full growth and final bond release shall be honored by the subdivider.

Slopes.

Design. The area in back of the sidewalk or shoulder shall be sloped at not more than the ratio of three feet horizontal to one foot vertical to a point where it precisely coincides with the surrounding ground or abutter's lawn. Side slopes shall be loamed and seeded or retained in existing vegetation exactly the same as grass strips.

Terracing.

Terracing and/or sloping of grades to the roadway will be required when the normal runoff from a lot onto another has been made greater by new construction or by man-made land changes.

Terracing shall be done with earthen embankments, and each terrace shall have no more than a three-foot vertical drop. Natural slopes or terraces will be no steeper than one foot horizontal to one foot vertical, although no slopes steeper than three feet horizontal to one foot vertical shall be allowed within 10 feet of the lot line.

"Terrace" shall mean a raised flat mound of earth with sloping sides, and should be used for slopes greater than 75 feet in length.

Bounds.

Location.

Bounds shall be installed at all street intersections, at all points of change in direction or curvature of street side lines, arcs on curves at intervals of 300 feet, all easement boundaries, and at other points where, in the opinion of the Planning Board, permanent bounds are necessary. Such bounds shall be granite not less than 36 inches in length and six inches square. Other than bounds that exist, bounds shall be installed at all turning points for parcels designated as open space.

Each lot shall have at least one side line marked by a bound of pre-cast reinforced concrete, and not less than 36 inches in length and six inches square.

Installation. Bounds shall be set to the finish grade and installed only after all construction which would destroy or disturb them has been completed. Furthermore, a Massachusetts registered land surveyor shall certify to the Planning Board that the location of such bounds has been verified by him, following all earthwork and paving, before any lots are released. All bounds must be shown on as-built plans before building permits are issued.

Landscape plan. The applicant and/or his agent shall submit a shade tree and landscaping plan to the Planning Board. This plan shall indicate all arboricultural details, including, but not limited to, trees that are to be retained, the planting schedule and the maintenance program. The Planning Board shall approve said plan, with or without conditions, if said plan conforms to the standards set forth below. Said plan, upon approval, shall be filed with the Planning Board and shall constitute a condition of approval.

Retention. Outside of the street lines but within 20 feet of the right-of-way, no trees over six-inch caliper shall be removed or have the grade level underneath them altered more than six inches without approval by the Planning Board during the definitive plan review process.

Planting.

Existing trees shall be preserved and new trees planted so that, at the time a subdivision is completed, at least three trees of approved caliper shall be located on each lot within 15 feet of the nearest exterior line of the street. Shade trees shall not be planted where their growth will interfere with utility lines or entrances. New trees shall be planted at approximately fifty-foot intervals and shall be planted not closer than five feet and not more than 20 feet to the right-of-way line unless otherwise approved by the Planning Board.

The subdivider shall be responsible for all approved trees for a minimum period of two years. Any unhealthy or dead tree shall be replaced with another that again shall be guaranteed for two years. Trees approved for planting are listed in Appendix 7.[1] Other species may be planted if approved in advance by the Tree Warden. They shall be three-inch caliper measured four feet above grade and planted in at least 1/2 cubic yard of topsoil. At least three species shall be planted in every subdivision, and they shall be staggered so that no one species shall be next to a like species.

Editor's Note: Appendix 7 is included as an attachment to this chapter.

The Planning Board may require landscaping for screening or other purposes, require existing trees and other vegetation to be preserved in accordance with other sections of this bylaw and/or require the planting of additional trees as prescribed under this section. Any tree which is designated to be preserved by the Planning Board or Tree Warden, and which is subsequently damaged during construction of the project, shall be repaired or replaced at the subdivider's expense.

Trees: number and size. Trees shall be placed so that there are not fewer than two trees for every 100 feet of roadway length or portion thereof. For the purpose of this calculation, "roadway length" shall include all new roadways proposed in addition to all existing road frontage for which new building lots are proposed. The diameter of the trunk measured one foot above the base shall be not less than two inches.

Landscape plan content. After seeking input from the Tree Warden, the subdivider shall provide 10 copies of a landscape plan at a 1:40 scale to the Planning Board for its approval. The landscape plan shall show, at a minimum:

Paved road layout;

Road right-of-way;

Location, diameter and species of all existing trees measured one foot above the base;

Location, diameter and species of all new trees;

Illustration of the planting technique to be used for each species of tree, subject to the general soil conditions found on the site;

Location of all underground and above-ground utilities and proposed driveway cuts; and

Other natural and man-made distinguishing features which are located in the road right-of-way or lands to be presented to the Town.

Species. Tree species which are proposed for planting shall be listed by species and variety on the landscape plan. The proposed list of trees shall be reviewed by the Tree Warden, who shall make a recommendation to the Planning Board as to the adequacy and acceptability of the proposed species for the proposed project. The Planning Board, after obtaining the Tree Warden's input, shall approve the species which are acceptable for planting ("Approved Species List").[2]

Editor's Note: See Appendix 7, Approved Street Tree Listing, included as an attachment to this chapter.

Existing trees. The existing trees remaining in the road right-of-way shall be pruned and trimmed to conform to the specifications of the National Arborist Association Class 1 Prune and Trim. Upon completion of pruning and trimming, the subdivider shall request the Tree Warden to inspect the trees and certify that they conform to the specifications.

(7)

New plantings. All new trees shall be planted in accordance with the landscape plan as approved under Subsection E(4) above, and shall be planted:

After the street construction has been completed, including the installation of:

All underground and above-ground utilities;

Base course of pavement; and

[3]

All subgrade fills and cuts within the road layout have been made; and

Before the subdivider requests acceptance and/or release of the subdivision.

(8)

Guarantee. Each new tree shall be guaranteed by the subdivider for a period of two growing seasons. Any tree deemed by the Planning Board or Tree Warden to be unsatisfactory within two growing seasons shall be removed and replaced with a tree of a species which is acceptable to the Tree Warden and approved by the Planning Board at the expense of the subdivider.

(9)

Waivers.

If the subdivider and/or Tree Warden determines that the total number of trees shown on the landscape plan cannot be planted within the area of the subdivision due to site and/or development conditions, the subdivider may request a waiver from the tree planting regulations. The request shall be made to the Planning Board, and the Planning Board shall approve or deny such request after seeking input from the Tree Warden.

Fees. For each tree waived by the Planning Board, the subdivider shall pay a fee of $250.

Street signs.

Location. The subdivider shall furnish and install double-faced, extruded-aluminum street signs, mounted on two-inch-diameter posts equal to those in use by the Sturbridge Department of Public Works, at each street intersection within the subdivision. At T-intersections, one sign post shall be sufficient; at four-way intersections, two posts and sets of signs are required.

Installation. Street signposts shall be 10 feet in length, three feet of which shall be buried in the ground. An anchor rod shall be installed with the underground portion to prevent turning or removal.

Other. Any street not yet accepted by the Town of Sturbridge shall be so indicated by a sign stating "Private Way" mounted on the same post just below the street sign. Prior to the issuance of an occupancy permit for a dwelling fronting a street within a subdivision, a sign indicating the name of that street shall be installed at the beginning of the street and at every intersecting way along that street.

§ 350-4.6 Other requirements.

Open spaces. Before approval of the definitive plan, the Board may require the plan to show a park or parks suitably located for playground or recreation purposes. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may, by appropriate endorsement on the plan, require that no building be erected on such park or parks for a period of not more than three years without its approval. This shall in no way prohibit the gift of such land to any public or private cooperative nonprofit organization for recreational and open space use to improve community life and social welfare.

Open space maintenance program.

For all proposed subdivisions, the applicant shall propose a maintenance program which provides a mechanism, acceptable to the Planning Board, Public Works Director and Town Engineer, for the future maintenance of any public open space, park or playground which is proposed as part of the definitive plan.

For open space within a subdivision, to be owned by an association or land trust, the applicant shall submit an open space ownership and maintenance program, which shall describe how the open space will be owned and maintained in perpetuity, and meet standards acceptable to the Planning Board.

When restrictions are involved, as may be the case where open space is proposed to be in private ownership of individual lot owners, such restrictions should conform to standards of the State Division of Conservation Services for Conservation Restrictions. Such restrictions included in the maintenance program must require that the open space shall be kept in its natural state, or acceptable recreational uses, or used for woodland or agricultural operations (including but not limited to the cultivation of crops, flowers, fruit, hay, planting of trees, shrubs, mowing grass or other activities necessary to and appropriate for good woodland and agricultural practices), or any combination thereof. If the open space, or a portion of the open space, is to be conveyed to a homeowners' association, acceptable proof that all owners of building lots in the development shall be bound to maintain in perpetuity the common open land or community facilities shall be submitted with the definitive plan, guaranteeing continuing maintenance of such common land and facilities, and assessing each lot a share of maintenance expenses. Such a "homeowners' association agreement" shall be subject to the review and approval of the Planning Board. Provisions shall be included in the agreement that in the event the lot owners fail to maintain the open space, the lot owners shall be bound by deed to permit the Town, or a nonprofit conservation corporation acceptable to the Board of Selectmen, to maintain the common open land in accordance with the maintenance program and homeowners' association agreement. The cost of such work by the Town shall be borne by the lot owners as a lien upon their lots. Provision for future revision of the open space ownership and maintenance program should also be included.

Open space, parks and playgrounds.

Areas for open space, parks and/or playgrounds will normally be required to be set aside in accordance with MGL c. 41, § 81U, as amended. Such areas shall be of reasonable size, but generally not less than 5% of the total parcel area, depending upon the location and quality of the land being set aside. The minimum area acceptable, for later neighborhood or public acquisition, shall be 50,000 square feet The land shall be of a character and location suitable for use as a playground, playing field or for recreational purposes and shall be relatively level and dry. No building shall be erected or placed on such an area for a period of three years without the approval of the Board. The Planning Board shall determine the utility and appropriateness of all open space areas within a proposed subdivision, open space parcels created simply to avoid zoning violations or conflicts (for example: corner lot requirements) shall not be permitted. Designation of a parcel of land as "open space" will only be permitted upon approval of the Planning Board; open space parcels must serve a purpose. This purpose shall be determined based upon parcel size, location within the subdivision and utility (i.e., landscape amenities, recreational use, scenic value, etc.). In all subdivisions, the Planning Board shall make the final determination regarding open space parcels. This shall include the location, size, shape and use of all proposed open space. If the land set aside for public use is excessively steep or wet, is not safely accessible or is not dry for at least nine months out of the year, the Board may consider this an inappropriate contribution of open space, and may require additional land to satisfy this requirement.

Before approval of a plan, the Board shall require it to show parks, playground, recreation areas or other open spaces to serve the future residents of the subdivision and by appropriate endorsement require that no building shall be erected on such site for three years without the approval of the Planning Board. Any open space park or playground shall provide at least 200 feet of continuous frontage on a street, and pedestrian ways will normally be required to provide access from each of the surrounding streets, if any, to which the open space, park or playground has no frontage. Further, such parks and/or playgrounds shall be required to have maintenance provided for by covenants and agreements acceptable to the Board, until acquisition by a homeowners' association or the Town. In areas designated as open spaces in a definitive plan, if such areas have been environmentally damaged prior to the completion of the development as a result of soil or gravel removal, harvesting of trees, refuse disposal or any other activity deemed inappropriate with proposed uses of the open space, the Planning Board may require the developer to restore or improve the condition and appearance of the open space area, and may require the posting of a performance guarantee to ensure such restoration or improvement.

Easements.

Utilities. Where utilities cross lots or are centered on the rear or side of lot lines, easements with a width of at least 30 feet shall be provided. Signed and notarized documentation for recordation shall be submitted with the as-built plan.

Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel or stream or contains a water storage area, detention basin or other facility, the Board may require that there be provided a stormwater easement, drainage right-of-way and maintenance access of adequate width to conform substantially to the lines of said features and to provide for the possibility of flooding, protection of banks and adjacent properties, future maintenance or construction and other necessary purposes.

Cleanup. Before issuance of an occupancy permit, the subdivider shall remove from the street and adjoining property all temporary structures, debris, tree stumps, loose rocks and surplus materials which may have accumulated during the execution of the work, leaving the subdivision in a neat and orderly condition. Prior to final completion of work, the applicant shall clean the entire stormwater management system, both on-site and off-site to its point of discharge, including manholes and catch basins.

As-built plans.

Contents. After all street construction is completed and before the release of the final bond or covenant, the subdivider shall file with the Board three prints of the definitive plan, corrected and certified by a Massachusetts registered professional engineer or registered land surveyor, in proper form for recordation or registration at the Worcester County Registry of Deeds, to show the following as-built conditions:

Side-line locations of roadways and sidewalks.

Center-line elevations, at fifty-foot intervals, of all roadways.

Profiles and plans of the drainage system, with sewer and drain invert elevations.

Bounds as installed.

Main gates and utilities as installed, including ties to all services.

Catch basins and manholes; bends and tees.

Certificate. A certificate stamped and signed by the engineer or surveyor preparing such as-built plan shall be endorsed on the plan in the following form:

I hereby certify that this plan shows the actual as-built locations, profiles and elevations of the roadways, drainage facilities and utilities, based upon a field survey.
Date: __________

Registered Land Surveyor	Registered Engineer

The applicant shall submit the approved version of the plan on a CD-ROM disc, in AutoCAD Release 14 (or any subsequent release which the Sturbridge Town Planner adopts), to the Planning Board for review and approval. The computer version of the definitive plan shall be identical, full-size and shall contain all information included on the plan print. Layer names shall conform to Town Planner standards. Failure to submit such diskette shall be cause for the Planning Board not to release any bond funds being held or for the Town not to accept the roadway(s).

Maintenance of improvements. Upon completion of the required improvements and release of all security by the Board, the developer shall properly maintain all roads and other municipal utilities within the subdivision until such time as they may be accepted by the Town.

Safety.

Precautions. All precautions should be taken by the developer and his subcontractors to observe common sense safety requirements. The Board designates the Building Inspector to report to the Board all unsafe activities in preparation of the subdivision.

Holes and piling of materials. Holes greater than five feet in depth and soil piles higher than five feet or materials stacked in an unsafe manner shall not be allowed unless the area is adequately protected. The contractor and his representatives shall comply with OSHA requirements.

Construction timing.

Any definitive subdivision plan approved hereunder, or any modification of any such subdivision plan previously approved, shall require that construction of the ways, utilities and other infrastructure in the proposed subdivision shall be completed within two years of the date of said approval or as contained in an approved phasing plan, and not from the date of endorsement nor from the date of recording of such subdivision plan. Failure to so complete shall constitute a default of a condition of approval as set forth in § 350-3.2I(3).