[HISTORY: Adopted by the Planning Board of the Town of Middleborough
2-17-1966; amended 7-1975; 10-1985; 1-27-1987; 11-12-1991; 6-24-2008; 6-9-2020; 5-17-2022. Subsequent amendments noted where applicable.]
(Adopted under the Subdivision Control Law, MGL c. 41, §§ 81K
to 81GG)
Editor's Note: Forms referenced throughout this chapter are
on file in the Planning Board offices and available on its website.
Construction Schedules (diagrams) and the Fee Schedule are included
as attachments to this chapter.
A.
Purpose.
The Subdivision Control Law has been enacted for the purpose of protecting
the safety, convenience and welfare of the inhabitants of the cities
and towns in which it is, or may hereafter be, put in effect by regulating
the laying out and construction of Ways in Subdivisions providing
access to the several Lots therein, but which have not become public
Ways, and ensuring sanitary conditions in Subdivisions and in proper
cases parks and open areas. The powers of a Planning Board and of
a Board of Appeals under the Subdivision Control Law shall include,
but not be limited to, and shall be exercised with due regard for,
the provision of adequate access to all of the Lots in a Subdivision
by Ways that will be safe and convenient for travel; for lessening
congestion in such Ways and in the adjacent public Ways; for reducing
danger to life and limb in the operation of motor vehicles; for securing
safety in the case of fire, flood, panic and other emergencies; for
insuring compliance with the applicable zoning ordinances or by-laws;
for securing adequate provision for water, sewerage, drainage, and
other requirements where necessary in a Subdivision; and for coordinating
the Ways in a Subdivision with each other and with the public Ways
in the city or town in which it is located and with the Ways in neighboring
Subdivisions. It is the intent of the Subdivision Control Law that
any Subdivision plan filed with the Planning Board shall receive the
approval of such Board, if said plan conforms to the recommendation
of the Board of Health and to the reasonable Rules and Regulations
of the Planning Board pertaining to Subdivisions of land; provided,
however, that the Planning Board may, when appropriate, waive, as
provided for in MGL c.41, § 81R, such portions of the Rules
and Regulations as is deemed advisable. (See MGL c.41, § 81M.)
B.
Authority.
Under the authority vested in the Planning Board of the Town of Middleborough
by MGL c. 41, § 81Q, said Board hereby adopts these Rules
and Regulations governing the Subdivision of land in the Town of Middleborough.
A.
APPLICANT
BASE FLOOD ELEVATION
BENCHMARK
BIKEWAY
BOARD
BRIDLE PATH
CERTIFIED BY
CONSERVATION RESTRICTION
DESIGNER
DEVELOP
DEVELOPER
EASEMENT
GENERAL LAWS
LOT
LOT AREA
MONUMENT
MUNICIPAL SERVICES
OPEN SPACE
1.
2.
3.
4.
5.
6.
OWNER
PERSON
PLAN, DEFINITIVE
PLAN, PRELIMINARY
PLANNING BOARD AGENT
PRIVATE UTILITIES
PUBLIC UTILITIES
RECORDED
ROADWAY
SIDEWALK
STANDARD SPECIFICATIONS
STREET, COLLECTOR
STREET, DEAD-END
STREET, LANE
STREET, MINOR
SUBDIVISION
SUBDIVISION CONTROL
SWAMP
TOWN
WALKWAY/HIKER/BIKER TRAIL
WAY
WETLAND RESOURCE AREA
Definitions.
A Person (as hereinafter defined) who applies for the approval
of a plan of a Subdivision or a Person who applies under Section III.
"Applicant" shall include an Owner, or their agent or representative,
or their assigns.
The level of flooding having a 1% chance of being equaled
or exceeded in any given year, as designated on the most recent Federal
Emergency Management Agency (FEMA) maps, or, in the absence of such
designation, to be determined by the Designer per FEMA requirements,
based upon the best available information regarding flood hazards,
including any available United States Geologic Survey, Soil Conservation
Service, and Corps of Engineers studies.
A mark made in a durable object of known position and elevation
as a referenced point.
A Way designed to be used principally or exclusively by a
bicycle or similar unpowered vehicle.
The Planning Board of the Town of Middleborough.
A Way designed to be used principally or exclusively for
equestrian purposes.
Certified by (or endorsed by) the Planning Board, as applied
to a plan or other instrument required or authorized by the Subdivision
Control Law to be Recorded, shall mean bearing a certification or
endorsement signed by a majority of the members of the Planning Board.
(See MGL c. 41, § 81L.)
A right, either in perpetuity or for a specified number of
years, whether or not stated in the form of a restriction, Easement,
covenant or condition, in any deed, will or other instrument executed
by or on behalf of the Owner of the land or in any order of taking,
appropriate to retaining land or water areas predominantly in their
natural, scenic or open condition or in agricultural, farming or forest
use, to permit public recreational use, or to forbid or limit any
or all (a) construction or placing of buildings, roads, signs, billboards
or other advertising, utilities or other structures on or above the
ground; (b) dumping or placing of soil or other substance or material
as landfill, or dumping or placing of trash, waste or unsightly or
offensive materials; (c) removal or destruction of trees, shrubs or
other vegetation; (d) excavation, dredging or removal of loam, peat,
gravel, soil, rock or other mineral substance in such manner as to
affect the surface; (e) surface use except for agricultural, farming,
forest or outdoor recreational purposes or purposes permitting the
land or water area to remain predominantly in its natural condition;
(f) activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation; or (g) other acts or uses detrimental
to such retention of land or water areas. (See MGL c. 184, § 31.)
A Professional Civil Engineer, Landscape Architect, or a
Land Surveyor registered by the Commonwealth of Massachusetts Division
of Professional Licensure, and in good standing, to practice in Massachusetts,
or a Person working under the direct supervision of such aforementioned
professionals.
To construct a street, install utilities, erect a house or
other structure, or in any way to substantially improve a Lot.
A Person (as hereinafter defined) who develops a Subdivision
under a plan of a Subdivision approved pursuant to Section III of
these Rules and Regulations.
A right acquired by public authority or other Person to use
or control property for a utility or other designated public or private
purpose. Not a Conservation Restriction.
(Abbreviated MGL) The General Laws of Massachusetts, Tercentennial
Edition, and as the same may be amended.
An area of land in one ownership with definite boundaries
used, or available for use, as the site of one or more buildings.
(MGL c. 41, § 81L)
The horizontal area of the Lot exclusive of any area in a
street or Recorded Way open or proposed to be open to public use.
A permanent marker to indicate a boundary.
Public infrastructure, including, but not limited to, sewers,
water drains, water pipes, gas pipes, overhead and underground electrical
lines, fire alarm system, similar systems and their respective appurtenances.
Land not covered by buildings, roads, driveways, sidewalks,
parking areas, loading areas, service yards or other improvements.
Open space shall include, without limitation,
The buffer zones provided herein;
Any wetlands, marshes, meadows, Swamps, creeks, streams and
ponds as defined in MGL c. 131, § 40 (provided that the
Applicant is not hereby prevented from doing any work in such areas
as is permitted by the Middleborough Conservation Commission pursuant
to said Act);
Protected land under a Conservation Restriction, Preservation
Restriction, or Agricultural Preservation Restriction;
Protected land under Article 97, owned by the Town under Conservation,
Non-Profit or State land protection entity, such as Department of
Conservation and Recreation or Department of Fish and Game, etc.;
Land that is prioritized as potential Open Space protection
in the Open Space and Recreation Plan;
Any other protected natural areas.
As applied to real estate, the Person(s) holding the ultimate
fee-simple title to a parcel, tract or Lot of land, as shown by the
record in the Land Registration Office, Registry of Deeds or Registry
of Probate.
An individual, or two or more individuals or a group or association
of individuals, a partnership, trust or corporation having common
or undivided interests in a tract of land.
The plan of a Subdivision as duly submitted with appropriate
application to the Board for approval, to be Recorded in the Registry
of Deeds or filed with the Land Court when approved by the Board,
and such plan when approved and Recorded; all as distinguished from
a Preliminary Plan.
A plan of a proposed Subdivision or a re-Subdivision of land
prepared in accordance with Section III.B to facilitate proper preparation
of a Definitive Plan.
Town employee or consultant authorized by the Board to review
Subdivisions and administer the regulations.
This term shall include, but not be limited to, telephones
and cable television, whether installed on, above or beneath the surface
of the ground.
This term shall include, but not be limited to, sanitary
sewers, surface water drains and water pipes and their appurtenances,
gas lines, overhead and underground electrical lines, and fire alarm
systems which may become the property or responsibility of the Town
and/or the Middleborough Gas and Electric Department.
Recorded in the Registry of Deeds of Plymouth County, except
that, as affecting registered land, it shall mean filed with the Recorder
of the Land Court. (MGL c. 41, § 81L)
That portion of a Way which is designed and constructed for
vehicular travel.
A Way within the right-of-way of a street, normally parallel
to the street, designed for use by pedestrians.
"The Commonwealth of Massachusetts, Department of Public
Works, Standard Specifications for Highways and Bridges," 1988 edition,
as amended by all supplemental specifications.
A street which carries traffic equivalent to that generated
by 25 dwelling units or more, or which serves property either used
or zoned for commerce or industry.
Any street, group or extension of streets, which has only
one means of access and is serving no more than 12 Lots.
A street which carries traffic equivalent to that generated
by 10 or fewer dwelling units, which has no abutting property either
used or zoned for commerce or industry, and which is not capable of
extensions.
A street which carries traffic equivalent to that generated
by more than 10 but fewer than 25 dwelling units, which has no abutting
property either used or zoned for commerce or industry, and which
is not capable of extension to serve more than 25 dwelling units.
The division of a tract of land into two or more Lots and
shall include re-Subdivision, and, when appropriate to the context,
shall relate to the process of Subdivision of the land or territory
subdivided. Conveyances or other instruments adding to, taking away
from, or changing the size and shape of, Lots in such a manner as
not to leave any Lot so affected without the frontage above set forth,
or the division of a tract of land on which two or more buildings
were standing on February 17, 1966, into separate Lots on each of
which one of such buildings remains standing, shall not constitute
a Subdivision (MGL c. 41, § 81L); provided, however, that
the division of a tract of land into two or more Lots shall not be
deemed to constitute a Subdivision within the meaning of the Subdivision
Control Law, if at the time when it is made, every Lot within the
tract so divided has a frontage on (a) a public Way, or a Way which
the Town Clerk of the Town of Middleborough certifies is maintained
and used as a public Way; or (b) a Way shown on a plan theretofore
approved and endorsed in accordance with the Subdivision Control Law;
or (c) a Way in existence February 17, 1966, having, in the opinion
of the Planning Board, sufficient width, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation
to the proposed use of the land abutting thereon or served thereby,
and for the installation of Municipal Services to serve such land
and the buildings erected or to be erected thereon. Such frontage
as well as other dimensional requirements shall be of a least such
distance as is then required by the current Zoning By-law.
The power of regulating the Subdivision of land granted by
the Subdivision Control Law, Chapter 41, §§ 81A through
81GG, inclusive, as hereinafter amended.
See "Wetland Resource Area."
Town of Middleborough.
A Way designed for use by pedestrians, not necessarily parallel
to a street.
A Way is synonymous with the terms "road," "street," "highway"
and "avenue" and shall denote any such line or route for passage,
whether public or private. The width of a Way shall be the width of
the strip of land laid out, designated, acquired and/or dedicated
for the use of such Way. Such width includes the spaces for vehicular
travel, sidewalks, edgestone and planting spaces where required.
See MGL c. 131, § 40, of the Wetlands Protection
Act. Any natural or man-made stream, pond, lake, wetland, coastal
wetland, Swamp, or other body of water, and shall include wet meadows,
marshes, Swamps, bogs, and areas where groundwater, flowing or standing
surface water or ice provide a significant part of the supporting
substrate for a plant community for at least five months of the year.
Swamp shall mean areas where groundwater is at or near the surface
of the ground for a significant part of the growing season, of where
runoff water from surface drainage frequently collects above the soil
surface.
B.
Approved
plan required. No Person shall make a Subdivision, within the meaning
of the Subdivision Control Law, of any land within the Town, or proceed
with the improvement for sale of Lots in a Subdivision, or the construction
of Ways, or preparation therefor or the installation of utilities
and Municipal Services therein, unless and until a Definitive Plan
of such Subdivision has been submitted and approved by the Board as
hereinafter provided.
C.
Owner's
title affidavit. A copy of an affidavit filed by the Owner, clearly
stating that the title to the premises shown on said plan and appurtenances
thereto are in the name of the Applicant and free of all encumbrances
or with encumbrances as set forth, shall be provided as part of the
submission package to the Board.
D.
Source
of information required. In those cases in which the land shown on
the plan is abutted by land of an Owner, who is not the Owner of the
land as shown, the Board will require a statement from the Surveyor
who prepared the plan as to the source or sources of the information
about the location of boundaries, including all plan and deed references.
A separate form for such statement will be furnished by the Board
(See Form D, Designer's Certificate).
E.
More
than one building for dwelling purposes on Lot. Not more than one
building designed or available for use for dwelling purposes shall
be erected or placed on any Lot in a Subdivision. Such consent may
be conditional upon the providing of adequate Ways furnishing access
to each site for such building.
F.
Filing
fees. See Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
G.
Consultant
fees. The fees of any professional consultants engaged by the Board
to evaluate and provide information on Subdivisions, Master Permits
or Special Permits shall be borne by the Applicant, including construction
phase as well as additional consulting fees, if warranted by the Board.
Costs incurred by the Board's Agent to provide Engineering Review
on Subdivisions, Master Permits or Special Permits shall be borne
by the Applicant, including construction phase. This fee shall be
paid by separate check or other acceptable method of payment.
H.
Other
costs and expenses. The Applicant is responsible for preparing notices
to abutters by mail using a Certificate of Mailing, delivering them
to the Board's Agent not less than 10 days before the date of the
hearing. The prepared notices shall then be verified by the Planning
Board or its Agent. All other expenses, including, without limitation,
Certificate of Mailing, recording fees and filing fees for documents,
and cost for sampling and/or testing required by the Board or its
agent, shall be paid solely by the Applicant.
I.
Payment.
All applications shall be accompanied by either a check payable to
the order of the Town of Middleborough or payment shall be made via
an alternate acceptable method of payment. Applications will not be
deemed complete until the full amount of the filing fee has been received.
All payments must be made within 30 days of billing. All payments
must be made prior to the final endorsement of plans.
A.
Plan
believed not to require approval.
1.
Submission of plan. Any Person who wishes to cause to be Recorded
in the Registry of Deeds or to be filed with the Land Court a plan
of land, and who believes that said plan does not require approval
under the Subdivision Control Law, may submit, by hand delivery, or
other acceptable form of submission, the required filing fee, Mylar
plan and three full-size sets and six reduced size (11" x 17") sets
of contact prints thereof and two copies of a properly executed Form
A Application to the Board accompanied by the necessary evidence to
show that the plan does not require approval. In addition to the paper
copies, a properly formatted PDF of the plans and other documents
shall be electronically submitted via email or other file sharing
website, i.e., Dropbox. Electronic submission process must be coordinated
with Planning Office. The plans, including submissions made by mail,
shall not be deemed to be submitted until receipt has been acknowledged
by the Board date stamp on each copy of the Application form. The
Board shall file, by hand delivery, a notice with the Town Clerk stating
the date of submission to the Board for such determination accompanied
by a copy of said date-stamped application. Any plan determined to
not completely satisfy Section III.A.2 contents shall be deemed not
to have been submitted. Such plan shall be returned to the Applicant,
and a notice of the Board's determination sent to the Town Clerk.
When brought into conformity with the requirements of Section III.A.2,
such plan may be resubmitted and will be considered without prejudice.
The official "date of submission" is the date, as stamped by the Town
Clerk, on the received Application.
2.
Contents. Said plan shall be legibly drawn in accordance with the
Rules and Regulations of the Registry of Deeds, Chapter 36, Section
13A, as amended, pertaining to plan size, material, lettering and
related requirements. The plan scale shall preferably be 40 feet to
the inch or such other scale as the Board may accept and contain the
following:
a.
Identification of the plan by name of Owner of record and location
of the land in question, the scale, North point and date.
b.
The statement "Approval Under Subdivision Control Law Not Required"
and sufficient space for the date and the signatures of all members
of the Board. The actual number of signatures will be as required
by MGL.
c.
Zoning classification and location of any zoning District Boundaries
that may lie within the locus of the plan.
d.
In the case of the creation of a new Lot, the remaining land area
and frontage of the land in the ownership of the Applicant shall be
shown.
e.
Notice of any decisions by the Zoning Board of Appeals, including,
but not limited to, variances and exceptions, regarding the land or
any buildings thereon shall be provided with the Application and referenced
on the plan. The supporting plans and documents associated with the
Zoning Board of Appeals decision, whether Recorded or otherwise at
the Plymouth County Registry of Deeds or not, must also be provided.
f.
Names of abutters from the most-recent local tax list unless the
Applicant has knowledge of any changes subsequent to the latest available
Assessor's records.
g.
Names and status of streets (private or public) and Ways shown on
the plan.
h.
Bearings and distances, where appropriate, of all lines of the Lot
or Lots shown on the plan.
i.
Location of all existing buildings, including setback and side and
rear yard designations.
j.
Location of all bounds, Wetland Resource Area, fences, and walls.
k.
Locus map at the same scale as the Zoning Map.
l.
Area of land satisfying Lot Area requirements per the current Zoning.
n.
Completed ANR/Form A Checklist.
3.
Endorsement of plan not requiring approval.
a.
If the Board determines that the plan does not require approval,
it shall, without a public hearing, and within 21 days of the official
date of submission, endorse the plan.
b.
The Board may add to such endorsement a statement of the reason approval
is not required. The Mylar plan shall be returned to the Applicant,
and the Board shall also notify the Town Clerk in writing of its action.
4.
Determination that plan requires approval. If the Board determines
that the plan does require approval under the Subdivision Control
Law, it shall, within 21 days of the official date of submission of
the plan, so inform the Applicant in writing and return the Mylar
plan. The Board shall also notify the Town Clerk in writing of its
action.
5.
Failure of Board to act. If the Board fails to act upon a plan submitted
under this section or fails to notify the Town Clerk and the Person
submitting the plan of its action within 21 days after its official
date of submission, it shall be deemed to have determined that approval
under the Subdivision Control Law is not required, and it shall forthwith
make such endorsement on said plan, and on its failure to do so forthwith,
the Town Clerk shall issue a certificate to the same effect.
B.
Preliminary
Plan.
1.
Submission of a Preliminary Plan.
a.
A Preliminary Plan of a Subdivision may be submitted by the Applicant.
The Preliminary Plan, three full size sets and six reduced size (11"
x 17") sets of prints of it, the completed Form B application documents
and the minimum filing fee (see Appendix A) shall be filed with the
Board. In addition to the paper copies, a properly formatted PDF of
the Preliminary Plan, Form B application and other supporting documents
shall be electronically submitted via email or other file sharing
website, i.e., Dropbox. Electronic submission process must be coordinated
with Planning Office. The Preliminary Plan, including any submissions
made electronically or by mail, shall not be deemed to be submitted
until receipt has been acknowledged by the Board date stamp on each
copy of the Application form. The Board shall file by hand delivery
a notice with the Town Clerk stating the date of submission to the
Board for such approval of a Preliminary Plan accompanied by a copy
of said receipted and a properly executed application Form B. The
official "date of submission" of the Preliminary Plan is the date,
as stamped by the Town Clerk, on the receipted Application.
b.
The subdivider, the Board, the Board of Health, the Conservation
Commission, the DPW Director/Engineer, the Police Department, the
Fire Department, the Middleborough Gas and Electric Department, and
other Town agencies and Owners of property abutting the Subdivision,
shall have a forty-five-day time period, from the date of the submission,
to discuss and clarify the details of such Subdivision before a Definitive
Plan is prepared. It is strongly recommended that a Preliminary Plan
be filed in each case and that the Applicant coordinate with the above-listed
Municipal Departments to have comments submitted to the Board. The
Applicant shall be fully responsible for delivering a copy of the
Preliminary Plan to the above-noted agencies and provide a completed
and signed Form Q to the Board within three days of the submittal
to the Planning Office. A properly executed Form B. Application for
Approval of a Preliminary Plan, Form D. Designers Certificate, and
Form D-1, Land Surveyor's Certificate, shall be filed with the Preliminary
Plans being submitted to the Board.
c.
Any plan determined to not completely satisfy Section III.B.2, contents
shall be deemed not to have been submitted. Such plan shall be returned
to the Applicant, and a notice of the Board's determination sent to
the Town Clerk. If brought into conformity with the requirements of
Section III.B.2 contents, such plan may be resubmitted and will be
considered without prejudice.
2.
Contents. The Preliminary Plan shall be drawn on a reproducible substance
at a suitable scale, preferably 40 feet to the inch with a 24" x 36"
sheet size. The Applicant's Engineer or Surveyor must certify on Form
M-1 (Control Form and Preliminary Plan Checklist) that the content
being presented on the Preliminary Subdivision Plan is complete. The
plan shall be designated as a "Preliminary Plan" and form a clear
basis for discussion of the details of the Subdivision and for preparation
of the Definitive Plan. The plan shall contain the following:
a.
The Subdivision name, if any, boundaries, North point, date, scale,
legend and title "Preliminary Plan."
b.
The locus of the land shown on the plan with sufficient information
to accurately locate the land on the plan. The locus plan shall also
be at the same scale as the Zoning Map.
c.
The existing and proposed lines of streets, Ways, Easements and any
public or common areas within the Subdivision, in a general manner.
d.
Major features of the land such as water bodies and natural waterways
as well as available wetland resource areas, buffer zones, riverfront
areas, floodplains, WRPD Zones, DEP Surface Water Protection Zones,
Outstanding Resource Waters and MA Division of Fisheries and Wildlife
Natural Heritage and Endangered Species Program mapping.
e.
A general description of the type of surface drainage in a general
manner, including adjacent existing natural waterways.
f.
The approximate boundary lines of proposed Lots, with Lot numbers,
approximate areas and dimensions.
g.
The names, approximate location, and pavement widths of adjacent
streets, and of streets approaching or within reasonable proximity
of the Subdivision, including the classifications of the adjacent
streets.
h.
The topography of the total project area with a five-foot or less
contour interval.
i.
Letter designation of the proposed streets in lieu of names.
j.
The zoning classification of land shown on the plan and the location
of any zoning district boundaries, including any overlay zoning districts,
FEMA flood hazard risk zones and any "Well" or "Well Development Area."
k.
Easements and rights-of-way applicable to the area shown on the plan.
3.
Approval of a Preliminary Plan. The Board, within 45 days, and after
a presentation by the Applicant, may require further review by staff,
or may give such Preliminary Plan an approval, with or without comments
or suggestions, after the Board's review, and, at the Board's option,
review with the Board of Health, the Conservation Commission, the
DPW Director/Engineer, the Police Department, the Fire Department,
the Middleborough Gas and Electric Department, and other Town agencies.
Such approval of a Preliminary Plan does not constitute approval of
a Subdivision, and the action of the Board on such Preliminary Plan
shall not prejudice its action on the Definitive Plan. The Board shall
issue a formal letter for the approval of the Preliminary Plan, which
will be sent to the Town Clerk and to the Applicant. Approval shall
be effective for seven months from the official date of plan submittal
or until a Definitive Plan evolving from the approved Preliminary
Plan is filed, whichever comes first.
4.
Disapproval of a Preliminary Plan. In the event of disapproval of
a Preliminary Plan, the Board shall issue a formal letter to the Town
Clerk and the Applicant and shall state the reasons for its disapproval
in accord with MGL c. 41, § 81U.
C.
Definitive
Plan.
1.
Submission of a Definitive Plan.
a.
General. The Subdivision Rules and Regulations and the Zoning By-Law
in effect at the time of the submission of the Preliminary Plan shall
govern the Definitive Plan, if said Definitive Plan is submitted within
seven months of the effective date of the filing of the Preliminary
Plan. If a Preliminary Plan has not been submitted, the Subdivision
Rules and Regulations and the Zoning By-Law in effect at the time
of the submission of the Definitive Plan to the Board shall govern
the Definitive Plan until final action has been taken by the Board
or the time for such action has elapsed.
b.
Filing procedure. Any Person who submits a Definitive Plan of a Subdivision to the Board for approval shall file with the Board all items required in Sections III.C.1 and III.C.2 of this Section and the minimum filing fee (See Section II for a Definitive Plan to be "duly submitted" in accord with these Rules and Regulations and the General Laws of Massachusetts). Such submission shall be made to the Board. In addition to the paper copies, a properly formatted PDF of the Definitive Plan, Form C application and other supporting forms, reports and documents shall be electronically submitted via email or other file sharing website, i.e., Dropbox. Electronic submission process must be coordinated with Planning Office. The Definitive Plan, including any submissions made electronically or by mail, shall not be deemed to be submitted until receipt has been acknowledged by the Board date stamp on each copy of the Application form. The Board shall file, by hand delivery, a notice with the Town Clerk stating the date of submission to the Board for such approval of a Definitive Plan accompanied by a copy of a properly executed and said receipted application Form C Application for approval of Definitive Plan. The official "date of submission" of the Definitive Plan is the date, as stamped by the Town Clerk, on the receipted Application.
c.
The Definitive Plan drawing set shall be properly bound and three full-size sets and six reduced-size (11" x 17") sets of contact prints thereof, dark line on white background, included with the application package. The original Mylar drawings will not be required with the application submission. Where Wetland Resource Areas are involved on a Definitive Plan, the Applicant must file a copy (not a formal permit application) of their Definitive Plan with the Middleborough Conservation Commission simultaneously with the filing of the Definitive Plan with the Board. A dated and signed receipt of said submission (Form Q) must be provided to the Board. A final decision by the Board will be forthcoming only after the Applicant has obtained a report from the Conservation Commission stating that the basic location of the Roadway layout can be built without being in violation of the Wetland Protection Act, MGL c. 131, § 40. This provision does not require the issuance of formal permits from the Conservation Commission (or DEP) prior to the approval of the Definitive Subdivision Plan. Simultaneously, a complete set of prints of the Definitive Plan drawings are to be submitted to the Board of Health (per Section III.D, Procedure, Subsection 1), Department of Public Works, Building Inspector, Selectmen, Police Department, Fire Department and Middleborough Gas and Electric Department by the Applicant. A dated and signed receipt of said submissions (Form Q) must be provided to the Board within three days of the Form C submittal.
d.
A properly executed application Form C Application for approval of
a Definitive Plan shall be submitted along with; Form D, Designer's
Certificate; or Form D-1, Land Surveyor's Certificate; and Form E,
Certified List of Abutters. It is to be clearly noted that the approval
of all plans shall be upon the condition that all Ways shown thereon
and Public Utilities required by the Board shall be completed and
installed.
e.
The Definitive Plan shall be prepared by a Project Team which shall
include a Professional Civil Engineer (PE) and a Registered Land Surveyor
(RLS) registered in Massachusetts and Professional Personnel of other
disciplines, as specified in applicable sections of these Rules and
Regulations. A Definitive Plan, at a minimum, shall contain the following:
(i)
The classification and precision of surveys shall conform to
Class A or better of the most-recent Land Court Manual of Instructions,
Commonwealth of Massachusetts. It is recommended that all other survey
and Definitive Plan preparation, where not herein specified, be guided
by the Manual of Instructions.
(ii)
The plan shall be at a scale of one inch equals 40 feet horizontal
or such other scale as the Board may accept to show details clearly
and adequately.
(iii)
Sheet sizes shall not be greater than 24" x 36", including a
3/4-inch border.
(iv)
All plans shall be accompanied by a plat of the project locus
and a facsimile of a one-square-mile section of the current Zoning
Map at the same scale showing the relation of the Subdivision to the
Zoning District(s), highway and major streets in the Town. All approved
definitive submissions will be required to provide a properly formatted
final PDF electronic copy in addition to a four-mil Mylar Lot layout
plan, scale one inch equals 200 feet for rural areas and one inch
equals 80 feet for urban areas, suitable for incorporation into Town's
Assessor's and GIS Maps.
(v)
All plans involving multiple sheets shall be accompanied by
a Title Sheet and Key Map.
(vi)
The title block and signature space shall be drawn as shown
on Schedule A and Schedule A-1.
(vii)
A note shall be added to all plans as follows: "Plans subject
to Covenants, conditions and restrictions set forth in a Covenant(s)
Date (blank) to be Recorded herewith."
(viii)
All plans involving multiple sheets shall contain a location
plan showing the entire Subdivision layout at a suitable scale. The
location plan shall show the entire Subdivision layout, adjacent streets,
if any, or streets within a reasonable distance, sufficient to identify
the location and the access to the land, and shall be shown on the
Title Sheet.
2.
Contents. The Applicant's engineer or surveyor must certify on Form
M-2 that the submission is complete. The Definitive Plan, at a minimum,
shall contain the following information:
a.
A title, appearing in the lower right-hand corner of each sheet,
showing the name of the Subdivision, if any; the date; scale; North
arrow; the names and seals of the Designer; engineer and surveyor
who made the plan. The approval/signature block shall also be located
along the right edge of the drawing toward the bottom. See Schedule
A-1.
b.
North point, whether true or magnetic, and so indicated, and the
exterior boundaries of the Subdivision indicated by light shading.
c.
Location and ownership of abutting property as it appears on Form
E, Certified List of Abutters, including all abutting land owned by
the Applicant not presently being subdivided.
d.
Major features of the land, such as existing waterways, Wetland Resource
Area and water bodies, natural drainagecourses, walls, fences, buildings,
wooded areas, wooded areas to be preserved, outcroppings and ditches
which exist on or near the site at the time of survey. Where available,
aerial photographs may be required. The limits of any Wetland Resource
Area, including vegetated wetlands, wooded Swamp, meadow, bog or marsh
shall be established in the field by a qualified professional (Wetland
Scientist) and shall be mapped through a field survey of the professional's
markings and shown on the plan. The limits of any Natural Heritage
and Endangered Species Habitat (NHESP) mapped habitat, on or near
the site.
e.
Lines of existing and proposed streets, Ways, Lots, Lot numbers of
each Lot designated numerically in sequence, existing and proposed
Easements, the location of the U.S. Postal Service cluster box unit
(CBU) and public or common areas within the Subdivision. The letter
designation of proposed streets shall be shown as a temporary placeholder
designation until the final names are established.
f.
Sufficient data to determine the exact location, direction and length
of every street and Way line, Lot line and boundary line, and to establish
these lines on the ground. This shall include the lengths and bearings
of plan and boundary lines of all Subdivision Lot lines, including
Lot frontage on the streets, of the radii, tangents, lengths of arcs
and central angles of all curves in Lot lines and street lines. All
angle points, or changes in directions along the street lines, shall
be shown. Areas of Lots with Lot numbers and the area and frontage
on public Ways as set forth in MGL c. 41, § 81L, of adjoining
lands of the Applicant not included in the Subdivision shall be shown.
g.
Street and Lot closure computations for all streets and Lots proposed
within the Subdivision and the overall Subdivision land shall be submitted
with the Definitive Subdivision Plans. The closure computations shall
bear the original wet ink stamp and signature of the registered professional
land surveyor responsible for the boundary and lotting plan.
h.
Location of all monuments properly identified as to whether they
are existing or proposed, including capped iron pipes.
i.
Location, names, classification and present widths of streets or
private Ways bounding, approaching or within reasonable proximity
of the Subdivision, showing both pavement widths and right-of-way
widths.
j.
The zoning district classification(s) of land being subdivided shall be shown on the plans for the Lots and the location of any zoning district boundaries that lie within the locus of the plan and the applicable minimum front, side and rear yard depths as well as the Upland Circle (per Chapter 275 Zoning, Section 4.2.4) for each Lot as is required by the latest Zoning By-laws, requirements as detailed in Section H-I.B.2.j.
k.
The existing and proposed location of the Base Flood Elevation (see
definition) if encountered within, or within 100 feet of, the Subdivision.
l.
Indication of all existing and proposed Easements and rights-of-way
applying to the land and their purposes, including tree preservation
Easements, whether or not within the Subdivision, and any decision
on appeal or any variances or exceptions made by the Zoning Board
of Appeals applicable to the Subdivision of the land or any buildings
thereon. A copy of the Zoning Board of Appeals decision(s) shall be
provided with the Application and referenced on the plan. The supporting
plans and documents associated with the Zoning Board of Appeals application
and decision must also be provided.
m.
If the property that comprises the Subdivision or any part or boundary
thereof has been examined, approved, and confirmed by the Massachusetts
Land Court, such information shall be noted on the plan with case
numbers and other pertinent references to Land Court Procedure, and
the same requirement shall apply to any adjoining parcels of land
of the Applicant.
n.
Suitable space to record the action of the Board and the signatures
of all members of the Board, including, where appropriate, the words
"Deeds of Easements to be Recorded herewith" or the words "Covenants
to be Recorded herewith." The endorsement block as well as the Registry
of Deeds block and Town Clerk certification shall be located on the
right side of the plan adjacent to the right border and shall be the
same on every drawing sheet.
Note: Items in Subsection III.C.3, Plan and Profile, III.C.4,
Contour Plan, and III.C.5, Utility Plan, shall be submitted on separate
drawing sheets of the same size as the plan sheet. Each sheet shall
bear title block and signature block. Drainage calculations and Lot
closure computations shall be submitted as a stand-alone report in
text and tabular form.
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3.
Plan and profile. Existing profiles of the exterior lines and center
line drawn in fine black line, dot dash for left, dot dot dash for
right side, and dash for center line, and proposed profile on the
finished center line drawn in fine black solid line of proposed streets
at a horizontal scale of one inch equals 40 feet and vertical scale
of one inch equals four feet, or such other scales acceptable to the
Board. At least two Benchmarks are to be shown on plan profile sheets
and grade elevations at every fifty-foot station, except in vertical
curves, which shall be at every twenty-five-foot station. Design Speed
and sight distances shall be presented on the profile. All existing
and proposed intersections and sidewalks, wheelchair ramps, Bikeways
and walkways shall be shown with all proposed grade elevations calculated.
Elevations are to be referred to the North American Vertical Datum
of 1988 instead of the Town Datum (USC&GS 1929), in order to match
the FEMA Maps. Gradients shall be shown by figures expressed in percent.
4.
Contour plan. A plan showing existing and proposed topography at
two-foot contour intervals shall be provided as well as on-the-ground
spot elevation data for critical locations, such as intersections
with existing streets, proposed drainage outfalls, cul-de-sac gutter
lines, etc. In some instances, topography at one-foot contour intervals
may be required. All Benchmarks will be noted, as well as items required
in Section III.E.
5.
Utility plan.
a.
A plan showing the size, location, current flow and PSI of existing
and proposed water supply mains and their appurtenances, hydrants,
gas mains, electric distribution systems, streetlighting and its appurtenances,
fire alarm systems, storm drains and sewerage disposal systems and
their appurtenances, and Easements pertinent thereto, and curbs and
curb dimensions, including data on borings and soil test pits, and
method of carrying water to the nearest Wetland Resource Area, watercourse
or Easements for drainage as needed, whether or not within the Subdivision.
b.
If surface water drains will discharge onto adjacent existing streets
or onto adjacent properties not owned by the Applicant, the plans
shall clearly indicate what course the discharge will take, that there
exists an adequate outfall to accommodate the proposed discharge,
and shall present to the Board evidence that such discharge is satisfactory
and permitted by public or private ownership of adjacent street or
property. Right-to-discharge documents, including Recorded Easements,
shall be provided.
6.
Drainage calculations. Drainage calculations, following the MA DEP
Stormwater Regulations, shall be submitted in a suitable form along
with amplifying Conceptual Development Plans to define the anticipated
Lot development, including the limits of tree clearing, impervious
surfaces (house, driveway, etc.), lawn areas, limit of disturbance
and grading, which will outline drainage areas within and affecting
the Subdivision. A plan shall also be submitted showing the route
followed by all drainage discharging from the Subdivision to the primary
receiving watercourse or other large body of water.
7.
Cross sections. Typical cross sections (see Schedule B) of each street,
Roadway, drainage ditch and Sidewalk, or other features required by
the Board to be constructed as part of the anticipated development,
are to be provided on the plans.
8.
Sedimentation and Erosion Control Plan. A Comprehensive Sedimentation
and Erosion Control Plan and supporting report shall be submitted
with the Definitive Subdivision Plan, showing the staging of construction
and the measures to limit water-borne and wind-induced erosion, which
shall include, but not be limited to, quick-rooting vegetation, expeditious
stabilization of disturbed areas, hay bales, erosion control matting,
silt sacs/inlet protection for catch basins, filter tubes/wattles,
diversions, siltation fences, and sedimentation basins. The predevelopment
and construction stage sediment loadings in all watercourses/point
of investigation shall be calculated using the Universal Soil Loss
Equation. This Sedimentation and Erosion Control Plan shall be the
same plan created for the NPDES Stormwater Pollution Prevention Plan.
9.
Staking. To facilitate review of the Definitive Plan by the appropriate
authorities, at the time of filing of the Definitive Plan, the Applicant
shall have already had staked the center line of all proposed streets
at no greater than 100-foot intervals with the center-line stations
clearly marked on the stakes.
10.
Soil survey. The Board shall require soil surveys and/or test pits
or borings, which are to be prepared at the expense of the Applicant,
to establish the suitability of the land for the proposed storm drainage
system and proposed street construction. To avoid permitting delays,
this testing should take place prior to the submission of the Definitive
Plan.
a.
Test pits, borings or soundings shall be taken along the center line
of each street shown on the plan at intervals of at least every 200
feet and at locations such as cut sections and areas of questionable
foundation material where the subsurface conditions may be, in the
opinion of the Board, factors affecting the quality and service life
of the street. Test pits shall be made under the supervision of a
Licensed Professional hired by the Applicant, who will coordinate
the observation by an Agent of the Board. Observation costs are to
be paid by the Applicant in accordance with the Fee Schedule, and
shall not be backfilled until all necessary inspection and sampling
has been completed. Where borings are used, samples shall be taken
at five-foot intervals and at each change in strata or as directed
by the Board. Soundings shall be taken in areas of unsuitable material
for the purpose of determining the hard bottom contours. Test pits
and borings, where required, shall extend to a minimum depth of five
feet below the street profile grade, two feet below the bottom of
anticipated drains/sewers or to bedrock, if found at a higher elevation.
The Applicant shall indicate on the plan a proposed layout of the
subsurface exploration program, complete with location, spacing and
type of exploration proposed for coordination with the Agent of the
Board.
b.
Test pits shall also be performed and observed at all Stormwater
Management Facilities to classify the soils, establish the observed
groundwater elevation, establish the estimated seasonal high groundwater
elevation and determine the infiltration capability of the soils (standard
soil evaluation and percolation testing used for on-lot septic system
design shall not be considered as suitable for meeting this infiltration
capability requirement).
c.
All information concerning the test pits, borings or soundings (locations,
depth, soil stratas, and depth of water table) shall be submitted
to the Board in a written report to be made, evaluated and stamped
by a Registered Professional Engineer.
D.
Procedure.
1.
Review by Board of Health as to suitability of land. At the time
of filing of the Definitive Plan, the Applicant shall also file with
the Board of Health two contact prints of the Definitive Plan, dark
line on white background, together with the proposed location of each
Lot's septic system and such information in the nature of percolation
tests and deep test holes as the Board of Health may require. A dated
and signed receipt of said submission (Form Q) must be provided to
the Board. The Board of Health shall, within 45 days after the receipt
of the plan, submit a report to the Board, in writing, of its approval
or disapproval of said plan. If the Board of Health disapproves said
plan, it shall make specific findings as to which, if any, of the
Lots shown on such plan cannot be used for building sites without
injury to the public health, and include such specific findings and
the reasons thereof in such report, and, where possible, shall make
recommendations for the adjustment thereof. However, if a municipal
sewerage system will service the proposed Subdivision, or the Board
of Health fails to make such a report within 45 days after the plan
is filed with their office, the Definitive Plan shall be deemed approved
by the Board of Health. The Board of Health, in addition to the Board,
shall send a copy of such report, if any, to the Person who submitted
said plan. Every Lot so located that it cannot be served by a connection
to the municipal sewerage system shall be provided with septic tank
and soil absorption system satisfactory to the Board of Health and/or
the latest revisions to the Massachusetts Environmental Code minimum
standards, 310 CMR15, as the Board of Health shall determine. A note
shall be added to all plans as follows: "No dwelling will be constructed
on any Lot without first securing from the Board of Health the Disposal
Works Construction Permit required by Title V of the State Environmental
Code." The approval of a Definitive Subdivision Plan by the Board
of Health does not absolve the Developer of any other requirements
of the Board of Health or other Town Boards.
2.
Review by other Town departments and officials*.
a.
It is the Developer's responsibility to distribute copies of the
Preliminary and Definitive Plan to Town Departments and Officials
and obtain a dated receipt of the same as follows (see Form Q):
(i)
Copies to the Conservation Commission, Health Department, Department
of Public Works, Board of Selectmen, Town Manager, Police Department,
Fire Department, Building Inspector, Middleborough Gas and Electric
Department, Zoning Board of Appeals, Historical Commission and also
in the case of an industrial Subdivision, to the Development and Industrial
Commission. The Board will provide the copies to the Board's peer
review Engineer for the purposes of preparing a report.
b.
Before the Definitive Plan is approved, the Board, in addition to
the technical report from their peer review Engineer, will request
written statements from the above departments and commissions with
regard to the proposed improvements in the following respect:
(i)
Conservation Commission as to potential involvement with MGL
c. 131, § 40, regulations, 310 CMR 10.00 et seq., and the
effects of the Subdivision on streams, wildlife and similar considerations
within the scope of the Conservation Commission, including Natural
Heritage Endangered Species Habitat (NHESP) protection measures and
approvals.
(ii)
The DPW Director as to the design of the street system, location
of Easements, monuments, drainage system, water system and, if applicable,
a sewerage system and their appurtenances, relationship to existing
water and drainage systems, the feasibility of snow removal from sidewalks
and roadways as well as the maintenance and access to Stormwater Management
facilities.
(iii)
The Middleborough Gas and Electric Department as to the design
of the streetlighting system, electrical system and gas system. The
Gas and Electric Department must review and approve all electric and
gas distribution systems including cable TV systems (if any).
(iv)
Fire Department as to location of hydrants, installation of
the alarm system and emergency access.
(v)
Police Department as to street safety, both vehicular and pedestrian,
and access for emergency vehicles.
c.
The Board may also require the Developer to distribute Preliminary
and/or Definitive Plans to the Zoning Board of Appeals.
3.
Public hearing. Before taking any action to approve, modify or disapprove
a Definitive Plan, the Board shall hold a hearing at which parties
in interest shall have an opportunity to be heard, in person or by
agent or attorney. Notice of the time and place of such hearing and
of the subject matter, sufficient for identification, shall be published
in a newspaper of general circulation in the Town of Middleborough
once in each of two successive weeks, the first publication to be
not less than 14 days before the date of the hearing, and by mailing
a copy of such advertisement to the Applicant and to all Owners of
land abutting the land and all Owners of land within 300 feet of a
property line of the land shown on the plan as shown on the most-recent
tax list and as they appear on Form E, Certified List of Abutters.
The Applicant is responsible for preparing notices to abutters by
mail using a Certificate of Mailing, delivering them to the Board
Agent not less than 10 days before the date of the hearing. All other
expenses, including, without limitation, Certificate of Mailing, etc.,
required by the Board or its agent shall be paid solely by the Applicant.
4.
Planning Board procedure.
a.
The procedure that the Board will follow with regard to approval,
disapproval or modification of the Definitive Plan submitted by the
Applicant will be that as set forth in MGL c. 41, § 81U,
as amended. In summary, the Board, after receiving the Definitive
Subdivision submission application and package (Plan and profiles,
etc.) will have 90 days (if said Definitive Plan is submitted within
seven months of the effective date of the filing of the Preliminary
Plan) or 135 days (if a Preliminary Plan was not submitted) to review
the same to determine whether they are in compliance with its adopted
Rules and Regulations.
b.
Before approval of the plan can be voted, the Board shall establish
that the street pattern is safe and convenient, that proper provision
is made for street extension and that all other purposes of the General
Laws are met. The Board may, as a condition of granting approval under § 81U,
impose reasonable requirements designed to promote the health, convenience,
safety and general welfare of the community and to benefit the Town.
In such event, the Board shall endorse such conditions on the plan
to which they relate, or set forth a separate instrument attached
thereto, to which reference is made on such plan and which shall for
the purpose of the Subdivision Control Law be deemed to be a part
of the plan.
5.
Performance guarantee. Before endorsement of its approval of a Definitive Plan of a Subdivision by the Board, the subdivider shall agree to complete the required improvements (construction of Ways and its installation of Municipal Services, including improvements outside of the Roadway right-of-way, such as stormwater management facilities, outfalls and wetland replication areas) specified in Section IV for any Lots in a Subdivision, such construction and installation to be secured in one, or in part by one and in part by the other, of the following methods, which may from time to time be varied by the Applicant.
In addition, the subdivider shall agree to the following: No Lot shall be released from Covenant, nor will a structure be occupied, until at least the base course of the bituminous concrete, as specified in Section IV, has been installed. In addition, the temporary street sign, water, sanitary sewer, stormwater/drainage system, and electric system serving those Lots must be constructed and approved by the Board.
a.
Final approval with bonds or surety. (See Forms F, G, and H-1). The
subdivider shall either file:
(i)
A proper bond, sufficient in the opinion of the Board to secure
performance of the construction of Ways and the installation of Municipal
Services required for Lots in the Subdivision shown on the plan, and
the Board may require that the Applicant specify the time within which
such construction shall be completed.
(ii)
By a deposit of money or negotiable securities, sufficient in
the opinion of the Board to secure performance of the construction
of Ways and the installation of Municipal Services required for Lots
in the Subdivision shown on the plan, and the Board may require that
the Applicant specify the time within which such construction shall
be completed.
(iii)
By a covenant, executed and duly Recorded by the Owner of record,
running with the land, whereby such Ways and services shall be provided
to serve any Lot before such Lot may be built upon or conveyed, other
than by mortgage deed, provided that a mortgagee who acquires title
to the mortgaged premises by foreclosure or otherwise and any succeeding
Owner of such premises or part thereof may sell any such Lot, subject
to that portion of the covenant which provides that no Lot shall be
built upon until such Ways and services have been provided to serve
such Lot; and provided, further, that nothing herein shall be deemed
to prohibit a conveyance by a single deed, subject to such covenant,
of either the entire parcel of land shown on the Subdivision plan
or of all Lots not previously released by the Board. A deed of any
part of the Subdivision in violation hereof shall be voidable by the
grantee prior to the release of the covenant but not later than three
years from the date of such deed.
(iv)
By delivery to the Board of an agreement executed after the
recording of a first mortgage covering the premises shown on the plan
or a portion thereof given as security for advances to be made to
the Applicant by the lender, which agreement shall be executed by
the Applicant and the lender and shall provide for the retention by
the lender of funds sufficient, in the opinion of the Board and otherwise
due the Applicant, to secure the construction of Ways and the installation
of Municipal Services. Said agreement shall also provide for a schedule
of disbursements which may be made to the Applicant upon completion
of various stages of the work and shall further provide that, in the
event the work is not completed within the time set forth by the Applicant,
any funds remaining undisbursed shall be available for completion.
Any covenant given under the preceding paragraph and any condition
required by the health board or officer shall be either inscribed
on the plan or contained in a separate document, referred to on the
plan.
The penal sum of any such bond held under Subsection D.5.a(i)
or any deposit held under Subsection D.5.a(ii) or any amount of funds
retained pursuant to an agreement under Subsection D.5.a(iv) shall
bear a direct and reasonable relationship to the expected cost, including
the effects of inflation, necessary to complete the subject work.
Such amount or amounts shall from time to time be reduced so that
the amount bonded, deposited or retained continues to reflect the
actual expected cost of work remaining to be completed.
The amount shall be determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in Section IV not covered by a Covenant under Subsection D.5.b hereof. The raw land value of the remaining Lots under Covenant shall not be included in the determination of the surety value. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to sureties by the Town Manager and Town Treasurer and shall be contingent on the Completion of such improvements within four years of the date of the bond.
b.
Final approval with covenant. (See Form H). The subdivider shall file a Covenant, executed and duly Recorded by the Owner of record, running with the land, whereby such Ways and services as specified in Section IV, Design Standards, and not otherwise covered by bond or deposit under the above Subsection D.5.a shall be provided to serve any Lot before such Lot may be built upon or conveyed, other than by mortgage deed.
c.
Extensions. The period for completion in Subsections D.5.a and D.5.b
may be extended by the Board at the written request of the subdivider
accompanied by satisfactory proof that such extension is necessary
and in the public interest.
6.
Declaration of reserved Easements. Before endorsement of its approval
of a Definitive Plan of a Subdivision by the Board, the Subdivision
shall agree to reserve all Easements, including tree preservation
Easements, as shown on the definitive Subdivision plan for the benefit
of the roadways, Owner and the Owner of record of the Lots and their
successors and assigns. The subdivider shall file a Declaration of
Reserved Easements (Form K-1), executed and duly Recorded by the Owner
of record and any mortgagees, whereby the designated Easements are
reserved.
E.
Approval
or disapproval. The action of the Board in respect to such definitive
Subdivision plan shall be by vote, copies of which shall be filed
with the Town Clerk and sent to the Applicant. If the Board modifies
(approves with conditions) or disapproves such plan, it shall state
in its vote the reasons for its action. Failure of the Applicant to
submit revised plans and other required submittals/documents within
one year of approval or approval with modification (conditions) shall
automatically rescind approval of the plan unless an extension has
been approved by the Board or the approval is protected by other applicable
laws. The Board may rescind its disapproval if, within six months
of such disapproval, the Applicant formally submits revised plans
and other required submittals fully conforming to the Rules and Regulations
of the Board, resolving all of the specific reasons for disapproval
that were listed in the Certificate of Action. Said submission, with
appropriate fee payments, will be reviewed by the Board and their
engineering consultants for compliance. The results of said review
will be presented to the Board at a public meeting, and if found to
have addressed all the conditions for the original disapproval, the
Board shall vote to rescind the disapproval and vote to approve the
Subdivision, as provided herein. Final approval, if granted, shall
be endorsed on the original drawing of the Definitive Plan by the
signatures of a majority of the Board but not until the statutory
twenty-day appeal period has elapsed following the filing of the Board's
certificate of approval or disapproval, as the case may be (see Forms
C-1 and C-2), with the Town Clerk and said Clerk has notified the
Board that no appeal has been filed. If appeal has been made, said
endorsement shall be made after the entry of a final decree of the
Court sustaining the approval of such plan. Final approval shall be
subject to the construction specifications contained herein and to
the rules and requirements of the Board. The Board may extend the
period permitted by state statute between submission of a Definitive
Plan and action thereon upon written request of the Applicant. After
the Definitive Plan has been approved and endorsed, the Board shall
return the original to the Applicant. Approval of the Definitive Plan
does not constitute the laying out or acceptance by the Town of streets
shown on the plan.
1.
Standard conditions of approval. The following shall constitute standard
conditions applicable to all approvals. Additional specific conditions
may also be included by the Board as part of its approval of a definitive
Subdivision plan:
a.
Form H Covenant. Prior to endorsement of the plan by the Board, a
Form H Covenant or other surety as set forth in MGL c. 41, § 81U,
shall be submitted to the Board for formal approval. Should the Applicant
choose to keep the roadways, as represented on the Definitive Subdivision
Plan, as "Private Ways," then the Form H Covenant must prohibit either
the Applicant or its successors in interest, or the unit Owners and
residents, from petitioning the Board of Selectmen of the Town of
Middleborough for the acceptance as a Town Way within the Subdivision.
The approved Form H Covenant shall be executed and Recorded at the
Plymouth County Registry of Deeds, and reference to the covenant shall
be clearly shown on the Definitive Plan. Proof of recording shall
be provided to the Board;
b.
Twenty-day appeal period. Prior to endorsement of the plan by the
Board, confirmation that an appeal has not been filed and notification
of the expiration of the statutory twenty-day appeal period must be
received from the Town Clerk's office.
c.
Orders of conditions. Prior to endorsement of the plan by the Board,
the Applicant shall provide the Board with a written notification
indicating that a filing with the Conservation Commission has been
made or why a filing was not needed. When a filing with the Conservation
Commission is required, the Applicant shall provide the Board with
a copy of any and all "Orders of Conditions," as issued by the appropriate
agency, and Recorded by the Applicant, pursuant to the Wetlands Protection
Act. Proof of recording shall be provided to the Board. Any changes
to the Definitive Plan, required under the "Orders of Conditions"
shall be presented to the Board, by the Applicant, for review and
approval as a modification to the Definitive Subdivision Plan. Except
for very minor changes to the approved Subdivision plan, a public
hearing will be held on the modification plan. The Board reserves
the right to negotiate with the issuing authority any mutually acceptable
modifications to the "Orders of Conditions" that may be deemed appropriate
by the Board. After the public hearing and acceptance of the modifications
to the plan, the Board shall take action on the plan, reporting said
action to the Town Clerk. The notification of the expiration of the
statutory twenty-day appeal must be received from the Town Clerk's
office for the modification.
d.
Stormwater management. Prior to the endorsement of the plan by the
Board, the Applicant shall provide a copy of the approved Stormwater
Management Permit.
e.
Waivers. The waivers, as voted and granted by the Board, shall be
listed in detail on the plans being Recorded at the Registry of Deeds;
f.
Final revised plans. Prior to the endorsement of the plan by the
Board, the Applicant shall provide the final revised plans that incorporate
the items as presented in the conditions of approval voted by the
Board and all required documentation to the Board for review.
g.
Street numbering. The final revised plans shall have each Lot provided
with a "Street Address Number" in accordance with the Town of Middleborough
"Guidelines for Street Numbering" and in accordance with the E911
approved street numbering plan for this Subdivision (a copy of this
approved plan shall be submitted to the Board).
h.
Form K-1. Prior to the endorsement by the Board, a Form K-1, Declaration
of Reserved Easements, shall be submitted to the Board for approval.
The completed Form K-1 shall include all Easements, including tree
preservation Easements, as indicated on the Definitive Plans. This
approved "Declaration" shall be executed and Recorded at the Plymouth
County Registry of Deeds, prior to or concurrent with the recording
of the endorsed Subdivision plans and prior to commencement of construction.
Proof of recording shall be provided to the Board.
i.
Subdivision Tree Declaration of Restrictive Covenant. Prior to the
endorsement by the Board, a Subdivision Tree Declaration of Restrictive
Covenant shall be provided for the preservation of trees/wooded areas
and for the planting of trees on the Lots within the Subdivision.
This approved "Restrictive Covenant" shall be executed and Recorded
at the Plymouth County Registry of Deeds, prior to or concurrent with
the recording of the endorsed Subdivision plans and prior to commencement
of construction. Proof of recording shall be provided to the Board.
j.
Driveway lantern restrictive covenant. Prior to the endorsement by
the Board, a Declaration of Restrictive Covenants for driveway lanterns
shall be provided to the Board for approval. This approved "Restrictive
Covenant" shall be executed and Recorded at the Plymouth County Registry
of Deeds, prior to or concurrent with the recording of the endorsed
Subdivision plans and prior to commencement of construction. Proof
of recording shall be provided to the Board.
k.
Municipal Lien Certificate. Prior to the endorsement by the Board,
a Municipal Lien Certificate (MLC), indicating that all taxes, assessments
and charges then assessed against the land shown on the plan have
been paid in full, shall be submitted to the Board. The MLC shall
be submitted to the Registry of Deeds at the time of the recording
of the plan. Proof of the submission of the MLC to the Registry of
Deeds shall be provided to the Board.
l.
Subdivision fees. Prior to the endorsement by the Board, all outstanding
fees, including Board consulting costs, shall be paid in full.
m.
Mortgagees and Owner assents. Prior to the endorsement by the Board,
assents of any Lot Owners and mortgagees, as specified under MGL c.
41, § 81W, shall be provided to the Board and also Recorded
with the Subdivision plans at the Plymouth County Registry of Deeds.
Proof of recording shall be provided to the Board.
n.
Recording. The approved Subdivision plan, as described herein, shall
be endorsed by the Board and Recorded at the Plymouth County Registry
of Deeds within one year of the date of this approval or prior to
the start of construction. If the approved Subdivision plan is not
endorsed and Recorded within one year, the Subdivision approval will
be automatically rescinded. The Applicant shall provide proof of recording,
by submitting to the Board a copy of the receipt from the Registry
of Deeds indicating that the endorsed plan and covenant, if applicable,
have been duly Recorded.
o.
Stormwater Pollution Prevention Plan. Prior to the commencement of
construction, the Board shall be provided with a copy of the submitted
Notice of Intent for the National Pollution Discharge Elimination
System (NPDES) application. In addition, a copy of the associated
Stormwater Pollution Prevention Plan (SWPPP) will also be provided
to the Board.
p.
Preconstruction meeting. Prior to the commencement of construction,
three full-size printed sets and an electronic copy (PDF format) of
the endorsed Subdivision plans, as well as the prepayment of the estimated
engineering observation and material testing fees, shall be provided
to the Board. At that time, the Board, in conjunction with their staff
and consulting engineer, will coordinate a preconstruction meeting
with the Developer, Contractor, Utilities and Town Departments.
F.
Endorsement.
At least 20 days prior to endorsement, the final plans, all required
Covenants and Declaration of Reserved Easements, as well as other
documents required in the Certificate of Approval, shall be provided
to the Board along with a Designer's Certification that title to the
premises shown on said plan and appurtenances thereto, including any
off-site Easements and rights-of-way, are in the Applicant's name
and are free of all encumbrances or that the encumbrances set forth
will not preclude any required Subdivision improvements.
G.
Recording.
The Applicant shall file all approved Definitive Plans, Declaration
of Reserved Easements and the Covenant, if any, as well as other documents
as listed in the Certificate of Approval, at the Registry of Deeds
and shall notify the Board in writing, presenting evidence of the
recording of the plan, Declaration of Reserved Easements, other required
documents and the Covenant. The Declaration of Reserved Easements
and the Covenant shall be referred to on the cover sheet of the plan
and all drawing sheets being Recorded. At a minimum, the Cover Sheet
and lotting sheets must be Recorded. The Applicant shall deliver to
the Board three full-size copies and an electronic copy (PDF) of the
approved and Recorded Definitive Plans. In addition, an electronic
(PDF) copy of all Recorded documents, final calculations, supporting
documents, etc., shall be provided.
H.
Time
for completion. If the Ways in any Subdivision are not completed and
the utilities aforesaid are not installed within two years from the
date of the Board Endorsement or with one additional year extension,
if approved by the Board, any such bond may be enforced and any such
deposit may be applied by the Board for the benefit of the Town. Ways
or portions thereof not completed within the time required shall thereafter
be completed in accordance with the design and construction standards
of the Board in effect upon the expiration of such time. Requests
for an extension to the two-year completion date for the one additional
year must be made, in writing, at least two months prior to the expiration
date. The Board shall, as part of the extension request, determine
if the value of the current bond is sufficient for the completion
of the remaining work and reserves the right to require additional
surety. The Board also may also deny the request for the extension.
I.
Modification,
amendment and rescission.
1.
The Board, on its own motion or on the petition of any Person interested,
shall have power to modify, amend or rescind its approval of a plan
of a Subdivision, or to require a change in a plan as a condition
of its retaining the status of an approved plan. All of the provisions
of the Subdivision Control Law relating to the submission and approval
of a plan of a Subdivision shall, so far as apt, be applicable to
the approval of the modification, amendment or rescission of such
approval and to a plan which has been changed under this section.
2.
No modification, amendment or rescission of the approval of a plan
of a Subdivision or changes in such plan shall affect the Lots in
such Subdivision which have been sold or mortgaged in good faith and
for a valuable consideration subsequent to the approval of the plan,
or any rights appurtenant thereto, without the consent of the Owner
of such Lots, and of the holder of the mortgage or mortgages, if any,
thereon; provided, however, that nothing herein shall be deemed to
prohibit such modification, amendment or rescission when there has
been a sale to a single grantee of either the entire parcel of land
shown on the Subdivision plan or of all the Lots not previously released
by the Board.
3.
So far as unregistered land is affected, no modification, amendment
or rescission of the approval of a plan nor change in a plan under
this section shall take effect until:
a.
The plan as originally approved, or a copy thereof, and a certified
copy of the vote of the Board making such modification, amendment,
rescission or change, and any additional plan referred to in such
vote, have been Recorded;
b.
An endorsement has been made on the plan originally approved as Recorded
referring to such vote and where it is Recorded; and
c.
Such vote is indexed in the grantor index under the names of the
Owners of record of the land affected.
4.
So far as registered land is affected, no modification, amendment
or rescission of the approval of a plan nor change in a plan under
this section shall take effect until such modification, amendment
or change has been verified by the Land Court pursuant to MGL c. 185,
and in case of rescission, or modification, amendment or change not
so verified, until ordered by the court pursuant to MGL c. 185, § 114.
J.
Release
of performance guarantee. Upon acceptance of the streets at Town Meeting
and prior to the release by the Board of a surety bond or deposit,
or, in the case of a Covenant, the issuance of a Release Form, the
Applicant shall execute an instrument, on a Form provided by the Board,
(see Form K). This instrument shall transfer to the Town, without
cost, valid unencumbered title to all common sewers, storm drains
and water mains, electrical and gas distribution system, and appurtenances
thereto, constructed and installed in the Subdivision or portion thereof
to be approved, and convey to the Town without cost and free of all
liens and encumbrances, perpetual right and Easements to construct,
inspect, repair, renew, replace, operate and forever maintain the
aforesaid underground utilities, with any manholes, pipes, conduits
and other appurtenances, and to do all acts incidental thereto, in,
through and under the whole of all streets in the Subdivision or portion
thereof to be approved, and if any such utilities have been constructed
and installed in land not within such streets, then in, through and
under an Easement as shown on the Definitive Plan.
K.
Reduction
or release of performance guarantee.
1.
Reduction of bond surety. The penal sum of any such bond or the amount
of any deposit held under Section III.D.5.a may, from time to time,
be reduced by the Board and the obligations of the parties thereto
released by said Board in whole or in part. If release is by reason
of Covenant, a new plan of the portion to be subject to the Covenant
may be required by the Board. Prior to approving any reduction, the
Town of Middleborough shall be granted legal rights to the Roadway
right-of-way, utilities and utility Easements. The Board shall also,
as part of the vote to reduce the amount, establish a minimum bond/surety
amount that will not be released until said time that the roadways
have been accepted by the Town.
2.
Final release of performance guarantee. Upon completion of improvements required under Section IV, Design Standards, security for the performance of which was given by bond, or irrevocable letter of credit unlimited in time, deposit or Covenant, or upon the performance of any Covenant with respect to any Lot, the Developer or Owner, at their expense, will cause to be published in a newspaper of general circulation in the Town of Middleborough, at least seven days prior to the releasing of the performance bond or surety, an announcement that such release is contemplated. The Developer or Owner shall also send by certified mail to the Town Clerk and the Board a written statement that the said construction or installation in connection with which such bond, deposit or Covenant has been secured has been completed in accordance with the requirements contained under Section IV, Design Standards. The Town Clerk shall date-stamp the receipt of the statement and provide a copy to the Board to establish the statement submission date. Such statement is to contain:
a.
Name and address of the Applicant.
b.
A compliance certificate signed under oath by the Developer and their
Engineer that the development has been completed according to the
Rules and Regulations of the Board and the Town of Middleborough Zoning-By-Laws.
c.
Copies of or reference to the requisite number of Inspection Forms
and Reports.
d.
Written evidence from the Board's Agent or the Board's Engineer as
to construction of all Ways and sidewalks, installation of monuments,
street signs, pavement, lighting, gutters and curbs, required grading
and drainage, Stormwater Management Facilities, water mains, hydrants
and appurtenances, all sewer mains and appurtenances, if any, adequate
Lot drainage, planting and seeding, all in accordance with the Definitive
Plan.
e.
Written evidence from the Board of Health as to the installation
of sewage disposal facilities, if applicable, all in accordance with
the Definitive Plan.
f.
Written evidence from the Chief of the Fire Department as to the
installation of the fire alarm system, all in accordance with the
Definitive Plan.
g.
In the case of a "Private Road," a copy of the Recorded Homeowners'
Association (HOA) agreement and deed transferring the fee ownership
of the road right-of-way to the HOA and each individual Lot Owner
within the Subdivision.
Prior to final release of the performance security, except for
the established minimum amount, as previously established by the Board,
which is to be held until the roads are accepted by the Town, the
Board shall hold a public meeting at which interested and involved
parties may be heard.
|
3.
Determination of incompleteness.
a.
If the Board determines that said construction, installation, or filing of "as-built" plans has not been completed, it shall, within 45 days, specify to the Town Clerk and to the Developer, in writing, by registered mail, the details wherein said construction and installation shall have failed to comply with the requirements contained under Section IV. Upon failure of the Board to act on such application within 45 days after the receipt of the application by the Town Clerk and the Board, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned and any such Covenant shall become void.
b.
In the event that said forty-five-day period expires without such
specification, or without the release and return of the deposit or
release of the Covenant as aforesaid, the Town Clerk shall issue a
certificate to such effect, duly acknowledged, which may be Recorded.
4.
Determination of completeness. If the Board determines that said
construction, installation, or filing of "as-built" plans has been
completed, it shall notify the Town Treasurer within 45 days on a
properly executed Form J Release Form, that it releases, except for
the established minimum amount which is to be held until the roads
are accepted by the Town, the interest of the Town in such bond or
deposit and that it shall be returned to the Person or Persons who
furnished same, or, in the case of Covenant, it shall issue a partial
written release of the Covenant on a properly executed Release Form.
The full release shall not take place until the acceptance of the
roads by the Town.
L.
As-built
plans. Prior to the submission of the final release request, etc.,
the Developer shall file with the Board three copies of the as-built
acceptance plan of completed street or streets and a report prepared
by the Applicant's engineer fully outlining all deviations from the
approved plan and how these deviations are in compliance with the
approved design and the Subdivision Regulations. The plans shall show
all plans and profiles corrected to be actual as-built locations and
profiles of all streets, Ways, bounds, monuments, Lot/Easement markers
and utilities, including off-site utilities, stormwater management
facilities, Open Space improvements and those installed by others,
such as electric, telephone, Cable TV and gas, and said plans shall
be Certified by the Applicant's engineer and surveyor. Said plans
shall be prepared in a manner suitable for records at the Registry
of Deeds. The Board shall have the as-built submission reviewed, and
all review comments shall be addressed and incorporated on the final
as-built plan submission. Should the result of the construction activities
require new or modified Easements, said documents shall be prepared
and Recorded, with Recorded copies provided to the Board. Three copies
of the final as-built plans and documents shall be provided along
with electronic copies (PDF format).
A.
General
guidelines
1.
Districts.
Reference in the following regulations to "Rural District" shall mean
the Rural Residential District as established in the then-current
Middleborough Zoning By-Law. Reference to "Residential District""
shall mean all other locations in Middleborough.
2.
Construction
guide.
a.
It is the intent that no street or Way through private property shall
be accepted by the Town unless the same be previously constructed
and completed in accordance with the Standard Cross Section (see Schedules
B and C), street layout plan, profile and the following specifications.
Streets and roadways for a Commercial and/or Industrial development
shall remain in private ownership and not accepted by the Town.
b.
To ensure high quality and uniformity of construction and unless
otherwise specified, all the work and the materials used in the work
to be done shall conform to the requirements of the "Commonwealth
of Massachusetts Department of Public Works, Standard Specifications
for Highways and Bridges 1988 Edition," as amended by all supplemental
specifications, hereinafter referred to as the "Standard Specifications,"
and the special provisions included hereinafter. Appropriate illustrations
are found in "Commonwealth of Massachusetts, Department of Public
Works, Construction Manual Part 3, 1966 as amended."
c.
Supplementing the aforesaid Standard Specifications, certain specifications
or special provisions shall apply particularly to the work to be done
hereunder. References in the following specifications, unless otherwise
stated, are to the aforesaid Standard Specifications. These Standard
Specifications and associated special provisions supplement these
regulations; however, they shall take precedence and shall govern
when they are stricter.
d.
The extent of work required shall be completed as shown upon approved
plans and shall be in compliance with Standard Cross Section: Schedules
B and C.
e.
Improvements to minimize adverse environmental impact, if required,
shall be installed in accordance with all details as shown on the
approved Definitive Plan, and all possible measures shall be taken
during construction to minimize dust and erosion in accordance with
the NPDES Stormwater Pollution Prevention Plan.
f.
No earth shall be removed off site from the area shown on a Definitive
Plan except in accordance with the approved plan.
g.
It is the intent of these Regulations to prohibit the clear-cutting
of trees, etc., on the Lots within the Definitive Subdivision and
to retain and leave undisturbed, as much as possible, natural vegetated
and wooded areas.
h.
As each construction operation is scheduled, the Contractor/Developer
is required to coordinate with the Board or its agent to arrange for
the periodic progress inspections and, as work is completed, shall
notify the Board or its agent, at least 48 business hours in advance,
for necessary inspections by the proper Town authority and/or Gas
and Electric Department prior to starting work on the succeeding operation.
No completed work shall be buried prior to being inspected by the
Board or its agent.
i.
Flood hazard avoidance. Any Subdivision located in any part within
the Flood Hazard District established under the Zoning By-Law shall
comply with the following: Subdivision design shall be consistent
with the need to minimize flood damage within the flood-prone area,
through use of street profile design, and drainage. All Public Utilities
and facilities, such as sewer, gas, electrical and water systems,
shall be located and constructed to minimize or eliminate flood damage.
Drainage systems shall be designed per current MA DEP Stormwater Regulations
and in consideration of possible impact of flooding at the Base Flood
Elevation.
B.
Streets
and roadways.
1.
Location.
a.
All streets in the Subdivision shall be designed so that, in the
opinion of the Board, they will provide safe vehicular travel. Due
consideration shall also be given by the subdivider to the location
of the street layout in order to obtain the maximum livability and
attractiveness of the Subdivision.
b.
The proposed streets shall conform, so far as applicable, to the
Middleborough Master Plan (revised February 11, 2002, or as amended)
as adopted in whole or in part by the Board.
c.
Provision satisfactory to the Board shall be made for the proper
projection of streets, or for access to adjoining property which is
not yet subdivided.
d.
Reserve strips prohibiting access to streets or adjoining property
shall not be permitted, except where, in the opinion of the Board,
such strips shall be in the public interest.
e.
Street names and walkways shall be approved by the Board to provide
names in keeping with the character of the Town. Proposed street names
shall be coordinated and approved by the Town's 911 Emergency Services
and shall not duplicate nor bear phonetic resemblance to the name
of existing public Ways, paper streets, or any other Way qualified
to afford frontage under MGL c. 41, § 81L. A proposed street
which is in alignment with an existing street shall bear the same
name as the existing street.
2.
Alignment.
a.
Roadway alignment. The horizontal and vertical alignment of all segments
of all Subdivision roadways shall provide adequate sight distance
to provide a design speed of 30 miles per hour or such higher design
speed as may be required by the Board in accordance with ASSHTO procedures
utilizing a standard 3.75-foot height of observer and a 0.50-foot
height of object.
b.
The minimum center-line radii of curved streets shall be as follows:
Residential District
(feet)
|
Rural District
(feet)
| |
---|---|---|
Collector street (25 + homes)
|
300
|
250
|
Minor street (11-24 homes)
|
200
|
200
|
Lane (1-10 homes)
|
150
|
150
|
Dead-end street (1-12 homes)
|
150
|
150
|
c.
A tangent at least 150 feet in length shall separate all reverse
curves on collector streets, except where at least one radius is 500
feet or more or where the radius of curvature of both the curves is
in excess of two times the minimum specified in Section IV.B.2.b.
d.
Streets shall be laid out so as to intersect as nearly as possible
at right angles. No street shall intersect any other street at less
than 60°.
e.
Where possible, streets shall be laid out so as to intersect with
adjacent streets or adjacent unsubdivided land at intervals of at
least 500 feet.
f.
The distance between curbline and property line at any intersection
shall be the same as along the approach portions of the intersecting
streets. Curbline radii shall be at least 30 feet at an intersection.
g.
All intersections shall be evaluated to show adequate sight distances.
Sight line Easements, if required, shall be clearly shown on the plans
(Definitive sheet, Grading sheet and the Plan and Profile sheet).
4.
Dead-End
Streets.
a.
Permanent Dead-End Streets (a street, extension of a street, or system
of streets connected to other streets that only provide a single means
of access) shall only provide frontage for no more than a total of
12 existing and potential Lots under zoning applicable at the time
of submittal.
b.
A suitably designed and paved Walkway and/or Bikeway which, in the
opinion of the Fire Chief, Police Chief and the Board, will provide
an emergency access route having a suitable width, grade and alignment,
that is constructed to support travel of fire, police or snowplowing
equipment, and contains water main connections or gas and electric
underground systems to adjacent Ways, will be considered by the Board
as a sufficient cause for waiver of the requirements of Section IV.B.4.a.
Emergency access routes cannot be located on private Lots and must
be contained within dedicated Open Space Easements, must have an Easement
width equal to the minimum street right-of-way width, and must be
provided with suitable barriers on both ends to prohibit nonemergency
use. The means of securing these barriers must be approved by the
Fire Chief and Police Chief.
c.
All Dead-End Streets shall be provided at the closed end with a turnaround
having an outside Roadway diameter of at least 105 feet and a property
line diameter of at least 130 feet. Dead-End Streets will not be provided
with an island in the center of the turnaround. The turnaround stub
will be located at the property line unless the Board approves otherwise.
d.
The Board, if they determine that there is a potential for further
extension/connections, will require a Roadway Easement from the end
of the Dead-End Street right-of-way to the adjacent property line.
The Roadway Easement cannot be located on private Lots and must have
an Easement width equal to the minimum street right-of-way width.
e.
Temporary dead-ends shall similarly provide for a turnaround which
may be located in part on Easements over Lots so long as contractual
assurance is provided that, upon extension of the street, the termination
turnaround will be removed and replaced with loam and planting. Sample
deeds for said Lots are to be provided to the Board, prior to conveyance,
for the confirmation of the temporary Easement.
5.
Grade.
a.
The center-line grade for any street shall not be less than 1%.
b.
The maximum grade* for streets shall be not more than 6% and preferably
not more than 4%.
*May be increased by 1% for a distance of 200 feet or less with
permission of the Board.
c.
Where algebraic changes in grade exceed 2%, 1/4" = 1'0" vertical
curves at least 100 feet in length shall be provided.
d.
Roadways shall have a center-line crown and a cross slope of 2%.
e.
Where curves and grades combine to create potentially dangerous driving
conditions, the Board may require a suitable amount of superelevation
of the curves or other protection.
f.
On a street in any district where a grade is 4% or greater within
150 feet of the intersection of street right-of-way lines, there shall
be provided a leveling area of at least 50 feet with a maximum grade
of plus 2% from the intersection of the proposed center line with
the gutter line of the existing street.
g.
Roadway shall be designed to fit existing topography as much as possible
so as to minimize the amount of cut and fill necessary within the
street ROW
6.
Roadway
construction. The Standard Specifications should also be referred
to for more-detailed descriptions of the work, materials and construction
methods. The Roadway shall be graded and prepared for pavement as
follows:
a.
Clearing and grubbing shall be performed to remove all stumps, brush,
roots and like material from the entire Right-of-Way area. In certain
instances, when a wider Right-of-Way is being provided, or where storm
drainage/stormwater management facilities extend beyond the Right-of-Way,
the limits of disturbance/clearing will need to be established and
clearly defined on the plans. Wherever feasible, existing trees and
vegetation shall be protected, especially in the areas beyond the
Right-of-Way, since the clear-cutting of the Lots is prohibited. Cleared
materials shall be properly stockpiled for reuse on the project, and
remaining materials shall be removed from the property unless otherwise
approved by the Board.
b.
Earth excavation shall be the removal of all materials encountered
within the area of the traveled Way, berms, shoulders, and sidewalks,
including the necessary over-dig beyond these limits, down to the
true surface of the subgrade or to suitable material in areas where
unsuitable material exists, in preparation for foundation of Roadway,
sidewalks, driveways and berms. All topsoil and suitable subsoil shall
be properly stockpiled on site for reuse on the project. Approved
material obtained from the excavation may be used in fills as required
if, in the opinion of the Board or their agent, they are suitable.
c.
When, in the opinion of the Board or their agent, suitable material
is not available within the limits of the Roadway location to form
the subgrade or subbase, the Developer shall obtain suitable additional
material from other sources in accordance with this section and as
may be approved by the Board or their agent.
d.
The subgrade surface, a minimum of 15 1/2 inches below the finished
surface grade in residential streets, and a minimum of 17 1/2
inches below the finished surface grade in all streets in nonresidential
Subdivisions, shall be prepared true to the lines, grades and cross
sections given and properly rolled/compacted. All soft or spongy material
below the subgrade surface shall be removed to a depth determined
by the Board or their agent, and the space thus made shall be filled
and compacted with special gravel borrow, containing no stones over
six inches in their largest dimension.
e.
The gravel base or foundation shall be spread in two six-inch layers
on the surface of the subgrade. Each six-inch layer shall be in conformance
with requirements of Section M-1.03.0 gravel borrow, Type C, two inches
largest dimension, of the Standard Specifications. Each layer shall
be thoroughly watered, rolled and compacted to 95% of the maximum
density (ASTM D-1557) for the gravel and true to line and grade. Any
depressions that appear during and after the rolling shall be filled
with additional gravel and rerolled until the surface is true. Mirafi,
Supac or other geotextile fabric subgrade stability fabric may be
required by the Board or their agent prior to gravel placement.
f.
Final grading, rolling and finishing, including the shaping, trimming,
rolling and finishing of the surface of the subbase prior to application
of gravel for surfacing of the Roadway base courses, for walks and
berms, shall be in accordance with this section and as directed by
the Board or their agent. Compaction testing and soil gradations for
subbase may be required by the Board or their agent prior to placement
of gravel base.
g.
Roadway pavement shall be constructed for the full length of all
streets within the Subdivision and shall have the alignment required
in Section IV.B.2. The center line of all roadways shall coincide
with the center line of the street right-of-way unless a deviation
is approved by the Board. The minimum widths of a Roadway pavement
shall be as follows:
Residential District
(feet)
|
Rural District
(feet)
| |
---|---|---|
Collector street (25 + homes)
|
26
|
24
|
Minor street (11-24 homes)
|
24
|
24
|
Lane (1-10 homes)
|
24
|
24
|
Dead-end street (1-12 homes)
|
24
|
24
|
h.
Hot Mix Asphalt Pavement for roadways in Subdivisions shall be the
current MassDOT standards for Superpave mix design and blended using
new material with up to 15% recycled asphalt product (RAP). The material
and construction methods for laying pavement shall conform in every
way to the applicable Section 450, Section 455 and Section M of the
Standard Specifications, except that no such construction shall be
undertaken before March 30 of any year nor after December 1 of any
year without prior written permission of the Board or their agent.
Pavement on minor and secondary residential Subdivision streets shall
be laid to a finished depth of four inches and laid in two courses.
The base course (binder mix) shall be 2 1/2 inches, and the top
course shall be 1 1/2 inches. Pavement on nonresidential Subdivision
streets shall be laid to a minimum finished depth of five inches and
laid in two courses. The base/binder course shall be three inches,
each binder course shall be 1 1/2 inches, and top course shall
be two inches. The Board may require the installation of Petromat®
fabric or an approved equal over any areas in the subbase, base pavement
that, in their opinion, require reinforcement prior to the placement
of an additional course of pavement or gravel.
i.
Existing base coat must be evaluated by the Board or their Agent
to determine the condition as well as areas that will require replacement.
At a minimum, the base coat must be swept and primed with a coat of
bituminous material prior to laying top coat.
7.
Curb
and berm.
a.
General requirement. Monolithic Cape Cod Berms (as an integral part
of the base and final pavement) shall be blended new material and
placed along both sides of the Roadway. The final finished dimensions
of the Cape Cod Berm will provide a three-inch height above the gutter
line at a point 12 inches behind the gutter line. (See Schedule F.)
b.
Curb cuts.
(i)
Driveways in Subdivisions containing one- and/or two-family dwellings
only shall be no greater than 12 feet wide and shall have an opening
no greater than 16 feet at the gutter line.
(ii)
Driveways for multiple dwellings and all nonresidential uses
shall be no greater than 16 feet wide and shall have an opening no
greater than 20 feet at the gutter line.
(iii)
Where rolled curbs are to be used, the driveway flare should
have a two-foot radius. Driveway cuts (center line) shall not be within
73 feet of the intersection of the center line of intersecting streets.
(iv)
At all driveways, the grade at the back edge of the Sidewalk
shall be six inches higher than the grade at the gutter line.
(v)
All driveways shall be constructed to provide adequate access to
all emergency vehicles.
(vi)
All curb cuts for driveways that intersect sidewalks must consider
the proper cross slope of the continuation of the Sidewalk that crosses
the driveway.
8.
Other
street-related requirements.
a.
Embankments. Embankments within or adjoining the right-of-way shall
be evenly graded and pitched at a slope or not greater than three
horizontal to one vertical. Where cuts are made in ledge, other slopes
may be determined with the approval of the Board. Where slopes greater
than 3:1 are desired, proof of slope stability must be given to the
Board in the form of suitable slope stability analysis. Where terrain
necessitates greater slopes, retaining walls, terracing, fencing,
or rip-rap may be used, either alone or in combination, to provide
safety and freedom from maintenance, but must be done in accordance
with plans filed with and approved by the Board. Due regard shall
be given to the attractiveness of such required structures. Whenever
embankments are built in such a way as to extend outside the road
ROW, the Developer must furnish to the Town duly Recorded access Easements
free of encumbrances for maintenance of the slopes, terraces or retaining
walls. All such slopes shall be grassed or planted in accordance with
these regulations.
b.
Guard rails. Guard rails shall be required whenever the length or
steepness of the shoulder slope, including the slope beyond the Right-of-Way,
or a retaining wall is proposed, in addition to other safety concerns,
when it is determined by the Board to constitute a hazardous condition.
Guard rails, including the termination sections, shall be in accordance
with the Standard Specifications for steel beam guard rails.
C.
Sidewalks,
Bikeways and walkways.
1.
Required
locations.
a.
Sidewalk installation shall be based on the following guidelines:
(i)
Sidewalks are required on all Collector Streets.
(ii)
If the proposed Subdivision Roadway is not a Collector Street
and intersects a Roadway that does not currently have a Sidewalk (either
to the property boundary of the Subdivision or across any part of
the existing frontage), then a Sidewalk will not be required, unless
the Board, as part of the Subdivision Hearing process, determines
that, for reasons of health, safety or welfare of the future residents
of the proposed Subdivision or the general public, a Sidewalk will
be necessary under the facts and circumstances associated with the
proposed Subdivision.
(iii)
If it is determined that sidewalks are not required, then the
Developer can voluntarily choose to install the sidewalks, provided
that the installation will meet the standards as set forth in these
Rules and Regulations.
(iv)
If the proposed Subdivision Roadway is not a Collector Street
and intersects a Roadway that currently has a Sidewalk (either to
the property boundary of the Subdivision or across any part of the
existing frontage), then a Sidewalk will be required to extend and
connect to the existing Sidewalk, and sidewalks will be required to
be installed within the Subdivision.
b.
If required, sidewalks within the street right-of-way shall be provided
as follows:
Residential District
|
Rural District
| |
---|---|---|
Collector street (25 + homes)
|
Each side
|
1 side (min)
|
Minor street (11-24 homes)
|
1 side (min)
|
1 side
|
Lane (1-10 homes)
|
1 side
|
1 side
|
Dead-end street (1-12 homes)
|
1 side
|
1 side
|
c.
Where sidewalks are required on each side of the street, they shall
extend the full length of the street and completely around the turnarounds.
Where sidewalks are required on one side only, the side shall be as
determined by the Board. They shall extend the full length of the
Roadway; and on streets terminating in a turnaround, the Sidewalk
shall terminate with a ramp out to the pavement, at the farthest end
of the curbing at the turnaround, unless it is otherwise required
to be extended to connect with an off-street Walkway. In addition,
public off-street walkways or Bikeways may be required by the Board
to provide circulation or access to schools, playgrounds, parks, shopping,
transportation, Open Space, or community facilities, or for such other
reason as the Board may determine. Such Ways may or may not be part
of normal Sidewalk provisions, but they shall not be a part of any
Lot in the Subdivision. The Board may authorize substitution of a
Bikeway for one Sidewalk where two are required.
2.
Alignment.
Sidewalks shall not be separated from the traveled Way by a planting
area and shall directly abut the back edge of the berm/curb. Sidewalks
shall meander as necessary to accommodate and protect existing topography,
trees, ledge, and other site features. Off-street walkways and Bikeways
shall have minimum center-line radius of 25 feet and maximum gradient
of 5%, except 6% for segments of less than 100 feet. Leveling areas
at intersections with sidewalks shall be shown in details in order
to meet current MAAB and ADA standards.
3.
Width.
Sidewalks and all off-street walkways shall have a pavement width
of five feet. Off-street walkways and Bikeways should have a greater
width to meet the latest design criteria as a "Hiker/Biker Trail."
Off-street walkways shall be located in parcels with minimum width
of 20 feet. Poles, hydrants and guardrails shall not restrict this
width at any point.
4.
Construction.
a.
All materials shall be removed for the full width of the Sidewalk
to subgrade 12 inches below the finished grade as shown on the Cross
Section, Schedule B. Additional excavation, as needed, shall be performed
to remove unsuitable materials.
b.
Bituminous concrete shall be laid in two courses, with a two-inch
base course and a 1 1/2-inch top course, shall have a minimum
thickness of 3 1/2 inches after compression, and shall be constructed
on two gravel layers, as follows: one four-inch well graded and compacted
gravel Type "d" gravel borrow (1 1/2 inches largest dimension)
foundation placed on the surface of the subgrade and one four-inch
dense graded crush stone for subbase (1 1/2 inches largest dimension)
placed on the gravel borrow to the required lines and grades in accordance
with the Standard Specifications. A 1/4-inch-per-foot cross-slope
shall be maintained for drainage and compliance with the latest MAAB
and ADA Standards.
c.
If the Applicant desires to install cement concrete sidewalks, they
shall be constructed as directed by the Board and shall be in conformity
with the Standard Specifications.
5.
Sidewalk
ramps. Sidewalk ramps shall be located at all intersections and in
accordance with the latest MAAB and ADA Standards, shall be constructed
out of concrete and also located prior to the Point of Curvature of
throat radii for turnarounds. The ramps prior to turnarounds, on roads
with two sidewalks, shall have reciprocal ramps located on the opposite
side of travelway. The ramp shall meet the latest MAAB and ADA dimensional
specifications. A brick-colored 2' x 4' detectable warning panel shall
be embedded/provided six inches from the gutter line per the latest
MassDOT requirements.
D.
Utilities.
1.
General.
a.
All required utilities, exclusive of transformers and electric switch
gear, shall be placed underground at the time of initial construction.
Required utilities may include sewer, water, storm drainage, telephone,
electricity, gas, streetlighting, fire alarm systems, and cable TV,
unless otherwise specified by the Board. Gas and electric distribution
systems will be developed in accordance with the latest edition of
the Gas and Electric Department's document entitled "Terms and Conditions
for Overhead and Underground Line Extensions." The Designer shall
consider having the electric/streetlighting/fire alarm/telephone/CATV
located outside of the Roadway and Sidewalk on one side with the water
located on the opposite side. Coordination with the utilities will
be necessary as part of the design work.
b.
Where adjacent property is not subdivided or where all the property
of the Applicant is not being subdivided at the same time, provision
shall be made for the extension of the utility system by continuing
the mains the full length of streets and to the exterior limits of
the Subdivision at such grade and size which will, in the opinion
of the Board, permit their proper extension at a later date. If the
electric system is terminated, it must have at the termination point
an appropriate piece of switch gear which allows for expansion.
c.
Connections for drain, water, gas, sewer, CATV and telephone service
from the main structure in the Way to the exterior line of the Way
shall be constructed for each Lot whether or not there is a building
thereon, except that the Board may waive such requirement, in whole
or in part, in the case of a Lot to be used for a park, playground
or for any other purpose for which, in the opinion of the Board, such
connections shall not be required.
NOTE: Under current Department of Public Utilities Rules and
Regulations, Gas and Electric service line stubs cannot be installed.
Any and all unused service lines and service stubs (to the property
line) must be cut and capped in the main with five years of nonuse.
Electric connections on underground system shall be at corner of property
line with an appropriate hand hole or means of servicing provided.
However, in order to avoid damage to paved roadways, driveways and
sidewalks, suitable-sized pipe sleeves are to be properly installed
to accommodate future gas and electric lines.
d.
Installation and materials, unless otherwise specified, shall conform
to the standards of the Town of Middleborough.
e.
Excavation for structures, including foundations for drains and water
pipes, walls and other structures shall be made to the depth as indicated
on the Definitive Plan or established by the Board or its Agent in
coordination with the Middleborough Gas and Electric Department as
appropriate. Rock excavation designated as Class B encountered in
trench excavation shall be removed at least one foot below the bottom
of the pipe and as directed by the Board or its Agent.
f.
All drain, gas and water pipes, underground utilities, and other
structures shall be installed within the right-of-way line upon the
completion of Roadway subgrade and before the placing of the subbase,
gravel base course, sidewalks or pavement. If the pavement is removed,
excavated or damaged, the trench shall be properly backfilled/compacted
and repaved to the lines, grades and dimensions approved by the Board
or its Agent.
2.
Sewer
system. If the municipal sewerage system will service the proposed
Subdivision, sewer pipes and related equipment, such as manholes and
connecting Ys, shall be furnished and installed by the subdivider
in conformity with the latest specifications of the Town of Middleborough
Public Works Department, Sewer Division. If the municipal sewerage
system is not available, the subdivider must conform to the regulations
of the Middleborough Board of Health (see also Section III.D, Procedure,
Subsection 1, Review by Board of Health, as to the suitability of
the land).
3.
Water
system.
a.
Water pipes and related equipment, such as hydrants and main shutoff
valves, corporation shutoff valves, service pipe to curb boxes, curb
boxes and blowoffs, shall be installed within every Subdivision as
necessary to provide all Lots on each street with adequate water supply
for domestic and fire protection use. Such system, if it is being
represented as a "Private System," shall be installed as if it is
to be connected to a public system. Public water mains, house connections,
and related facilities shall be installed to the latest standards
of the Department of Public Works Water Division. Pipe for Water Mains
shall be Class 52 cement-lined ductile-iron pipe and shall not be
less than eight inches in diameter unless approved by the Board in
conjunction with the Town of Middleborough Public Works Department,
Water Division. Pipe joints shall be push-on type.
b.
Where public water is provided, hydrants shall be provided every
500 running feet or part thereof on one side of each street, unless
a greater distance is approved by the Chief of the Fire Department
and Public Works Director, in writing. In any case, there shall be
a minimum of one new hydrant in each Subdivision. They shall be of
a style approved by the Department of Public Works. The deliverable
fire flow shall meet current ISO requirements for all existing/potential
structures served. Minimum flow requirements at all locations shall
be 500 gpm with a residual pressure of 20 psi. Flow calculations shall
be submitted based upon combined fire flow and peak domestic use and
current, site-specific flow tests.
c.
Each hydrant shall be served directly from the water main through
a six-inch lateral connection. It shall be gated with a six-inch bottom
valve and shall have 2 1/2-inch hose outlets and one five-inch
pump outlet. Water main gate valves shall be located in such number
and locations that lines by individual block may be isolated for maintenance
purposes. Hydrant gates shall be located within the paved Roadway
surface or, if approved by the Department of Public Works, within
the grass strip beyond the berm and the Sidewalk.
d.
The entire system shall be pressure-tested and disinfected in accord
with American Waterworks Association Standards (AWWA) and approved
by the Department of Public Works prior to acceptance.
e.
For Subdivisions where public water is not available, every Lot must
have a private water supply well as approved by the Board of Health.
4.
Electricity
and other cables.
a.
Wiring for the fire alarm system, telephone, electrical streetlighting
system and cable television, if any, shall be installed underground
in the same trench with vertical and/or horizontal separation as approved
by the Board and the latest requirements of the Middleborough Gas
and Electric Department. Service shall be provided to each Lot and
each streetlight before the subgrade is prepared. The Board and the
Middleborough Gas and Electric Department may permit transformers,
switches and other such equipment to be placed on the ground in approved
locations, screened from view with evergreen shrubbery.
b.
Electric streetlighting and service along streets shall be provided
and installed by the subdivider in conformity with the latest requirements
of the Middleborough Gas and Electric Department Specifications. Poles
shall be placed behind the berm/Sidewalk in the grass along the road
or other location at the discretion of the Board, provided that there
is a minimum distance of four feet between the gutter line and the
face of the pole. Electric service should include main power supply
and service.
c.
Municipal Streetlights are to be provided at intersections or other
locations at the discretion of the Board.
d.
Every Lot within the Subdivision is required to have a "post-mounted"
driveway light adjacent to the road frontage at the driveway. The
Developer shall submit a draft "Driveway Street Lantern Restrictive
Covenant" to the Board for review and approval. The Developer shall
execute the final "Driveway Street Lantern Restrictive Covenant" document
and have it Recorded with the Definitive Subdivision (Recorded copy
provided to the Board). References to the Recorded "Driveway Street
Lantern Restrictive Covenant" shall be made on every Lot conveyance
deed.
5.
Gas.
Gas mains shall be installed if gas connection is available. The Middleborough
Gas and Electric Department shall be notified by the Developer upon
approval of the Definitive Plan so that installation of gas mains
may be completed without undue delay. All gas pipes are to be installed
before the installation and compaction of the gravel road base. If
excavation for gas mains and services is made after the subgrade is
completed and inspected, the mains and services shall be put in a
trench properly compacted, and if determined by the Board or its Agent,
flowable fill may be required. If road/driveways were already paved,
then the pavement shall be cut back one foot into stable pavement,
edges tack-coated and then covered with pavement to the lines, grades
and dimensions approved by the Board or its Agent.
6.
Fire
alarm system. Fire alarm system shall be provided and installed by
the subdivider where required by the Middleborough Fire Department.
7.
U.S.
Postal Service. The U.S. Postal Service (USPS), in residential neighborhoods,
requires centralized delivery to cluster box units (CBU) as part of
the Delivery Growth Management Program. The location of the CBU shall
be coordinated with and approved by the local USPS Growth Manager
and should be in accordance with the "U.S. Postal Service National
Delivery Planning Standards, A Guide for Builders and Developers."
The location should also provide a safe method of off-street parking
and should consider combining the location with other amenities, such
as Open Space and designated School Bus stop locations.
E.
Storm
drainage and stormwater management
1.
General.
Subdivision design, grading, and storm drainage and stormwater management
facilities shall be designed to prevent significant loss of life and
property due to runoff from any foreseeable rainfall event, to provide
an acceptable degree of convenient access to property during and following
frequent storms, and to avoid environmental damage from either storms
or the management system itself within the development and downgradient.
Stormwater facilities outside of the Right-of-Way cannot be located
on Lots and must be contained within dedicated Open Space. Stormwater
management facilities must also comply with the Middleborough Stormwater
Management By-Law.
2.
Design
guides.
a.
Increases in stormwater runoff resulting from development shall be
minimized (through the use of Low-Impact Development design considerations,
including reduction of impervious surfaces as well as limiting the
disturbance of natural vegetated areas) and retained or detained to
predevelopment levels within the development, rather than being piped
to existing surface waters. Calculations per MA DEP Stormwater Regulations,
as well as required by the Middleborough Stormwater Management By-Law,
must be submitted and approved by the Board verifying that the peak
discharge after development is not more than the peak discharge from
the site prior to development for the ten-year storm and the stormwater
management facilities can safely convey the 100-year rainfall event.
Satisfactory evidence of this in the form of calculations shall be
submitted to the Board for verification.
b.
Storm drain inlets and piping, as well as detention/retention basins,
shall be designed based on a ten-year frequency storm, and cross culverts
shall be based on a twenty-five-year frequency storm with an evaluation
of the 100-year storm event included. All Stormwater Management facilities
(retention, detention or facilities such as submerged gravel wetlands,
etc.) will be required to have, as part of their design, soil testing
(including the determination of the seasonal high groundwater), observed
by the Town, and the testing data provided in the calculations. Prior
to discharge, all stormwater shall pass through a series of facilities
that are capable of removing 80% of the water-borne sediment (TSS
- Total Suspended Solids). All stormwater shall be conveyed in ditches
or storm drain lines to stormwater detention, retention or other facilities
that are capable of recharging the required volume of runoff per MA
DEP Stormwater Regulations. Permanent Easements and provisions for
vehicular maintenance access shall be provided along the entire length
of ditches and storm drain lines that are outside the Right-of-Way.
No increase in stormwater runoff over predevelopment conditions will
be permitted for up to the ten-year event. Evidence of this shall
be submitted to the Board in the form of calculations for predevelopment
versus post-development for all channels, outfalls, etc., leaving
the site and any other design points as required by the Board.
c.
All hydrological calculations (not the drain inlet and drainage conveyance
calculations) shall be determined by the procedures set forth in the
current edition of the Natural Resource Conservation Service's (NRCS)
Urban Hydrology For Small Watersheds, Technical Release Number 55
(as amended), and using the WIN TR-55 Small Watershed Hydrology computer
model or approved equal, such as HydroCAD. All assumptions in regard
to the type of soil cover shall be determined from historical data
for land that has been recently altered and the presumptive eventual
use of the land within the entire tributary area(s) that contains
the limits of the development. All drain inlet and drainage conveyance
calculations shall be designed using runoff flows generated through
the use of the Rational Method.
d.
The rainfall intensity shall be determined from the current release
of the Atlas 14 rainfall data for the development location. The calculation
of the Time of concentration (Tc) for each subwatershed shall follow
the latest NRCS guidelines as referenced in Technical Release Number
55. The Tc flow path, with supporting data for the Sheet, Shallow
and Concentrated flows, shall be provided on supplemental Drainage
Area Tributary Maps. Sheet Flow length shall not be greater than 50
feet. The Rational Method calculation must include the supporting
documentation runoff coefficient and the Time of Concentration (cannot
be set to the minimum value nor use the NRCS method for the Rational
Method analysis). The Tc flow path, with supporting data for the flow
path, shall be provided on supplemental Rational Method Drainage Area
Tributary Maps. Once the Time of Concentration has been calculated,
the value shall be adjusted to comply with the following minimum values.
The minimum time of concentration for street drainage shall be five
minutes and for cross culverts shall be 20 minutes. Rational Method
and drainage system conveyance calculations shall be provided in a
drainage report. The design data for each pipe segment shall be presented
in a DOT spreadsheet format, including the determination of the HGL.
e.
Water velocities in pipes shall be between two and 10 feet per second
for the ten-year storm event, and not more than five feet per second
on paved surfaces such as gutters or paved waterways, including grassed
waterways.
f.
Water shall not be allowed to run for more than 350 feet on paved
Roadway surfaces. Catch basins shall be provided on both sides of
the road and before intersections (to prevent surface flow into the
intersection). Runoff spread along the gutter line shall not exceed
1/2 of the travel lane (spread calculations are to be provided). Catch
basins shall not serve as manholes. Leaching basins are not permitted.
Storm drains shall be reinforced concrete Class 3 pipe and at least
12 inches inside diameter, with at least 24 inches of cover in areas
not subject to wheel loading and 36 inches of cover in the Roadway.
3.
Lot
drainage. The anticipated design of all Lots should incorporate Low-Impact
Development provisions as presented in the latest Massachusetts Stormwater
Handbook. A conceptual Lot development plan to define the anticipated
Lot development, impervious surfaces (house, driveway, etc.), lawn
areas, limit of disturbance and tree clearing (Note: clear-cutting
of trees on the Lot is strictly prohibited. See the Subdivision Tree
Declaration of Restrictive Covenant), natural vegetated areas to be
protected and grading shall be submitted. Lots shall be prepared and
graded in such a manner that development of one shall not cause detrimental
drainage on another. If provision is necessary to carry drainage to
or across a Lot, an Easement or drainage right-of-way of a minimum
width of 20 feet and proper side slope shall be provided. Storm drainage
shall be designed per latest MA DEP Stormwater Regulations and in
accordance with the specifications of the Board. Where required by
the Board or the Board of Health, the Applicant shall furnish evidence
that adequate provision has been made for the proper drainage of surface
and underground waters from any Lot or Lots. Concentrated Stormwater
shall not discharge overland across Lot lines. Drainage conveyances
and Easements shall be provided to convey properly treated stormwater
to the nearest Wetland Resource Area, permanent stream or municipal
drainage system.
4.
Construction.
a.
Drainage facilities shall be provided as indicated on the plan and
in conformity with the requirements of the Standard Specifications.
The standard depth of deep sump catch basins shall be four feet below
the invert of the outlet. Manholes shall be constructed to the required
depth at each junction point and as shown on the plan. Pipe culvert
and pipe drains shall be in conformity with the requirements of the
Standard Specifications for installation of pipes.
b.
All drain pipes except subdrains shall be reinforced concrete pipe
and shall be installed according to the size as shown on the plans.
Subdrains are to be included in the design to prevent and remove groundwater
from the Roadway gravel. Test pit and soil boring data shall be used
to determine locations where subdrains are to be provided. Subdrains
will typically run parallel to the road surface, at an elevation below
the Roadway gravel and within the grass area beyond the berm. The
subdrain will have a minimum diameter of six inches and shall be installed
in a filter-fabric-lined trench with the perforated flexible ADS pipe
surrounded by a minimum of eight inches of washed stone. The subdrain
shall connect to an outfall location, and if not available, to a Catch
Basin. At Roadway sag locations, an additional subdrain shall be installed
across the road (below the Roadway gravel) and connect to both catch
basins. No backfilling of pipes shall be done until the installation
has been inspected by the Board's Agent. All drainage trenches shall
be filled with clean gravel borrow in accordance with the Standard
Specifications. Where subdrains are required, they shall be constructed
in conformance with the Standard Specifications. Such subdrains may
also be required by the Board or by the Board's Agent following clearing
and grubbing operations.
c.
No drainage pipes from roof drains, driveway drains, sump pumps or
other on-Lot sources shall be connected to the street drainage system.
Sewage piping or wastewater discharge shall not connect to stormwater
piping systems. Cast-iron manhole covers shall be Model LK-110 as
manufactured by EJ New England or approved as equal by the Board.
Cast-iron catch basin grates shall be Model LF-248 as manufactured
by EJ New England, or approved as equal by the Board. Cast-iron double
catch basins shall be Model LV2448-1 as manufactured by EJ New England
or approved as equal by the Board. All substitutions shall be as approved
by the Board. Where catch basins are located either at the bottom
of or along a Roadway with a profile gradient of 5% or greater, cast-iron
frames and grates shall have cascade-type grates and shall be either
Model LK120D-300 for a three-flange frame or Model LK121D-400 for
a four-flange frame as manufactured by EJ New England or approved
as equal by the Board.
F.
Natural
features.
1.
Open
space. Before approval of a plan, the Board may also, in proper cases,
require the plan to show Open Space, a park or parks, suitably located
for playground or recreation purposes or for providing light and air
or preservation of natural buffer areas. Conservation Land as well
as land subject to Conservation Restrictions shall also be shown.
The Open Space, park or parks, including trails, shall not be unreasonable
in area in relation to the land being subdivided and to the prospective
uses of such land and shall be at least equal to one acre of land
for each 20 single-family dwelling units or fraction thereof shown
on the plan. The Open Space shall be equal to three times the floor
area of all other dwelling units, and 10% of the land area for all
nonresidential Subdivisions. The Board may, by appropriate endorsement
on the plan, require that no building be erected upon such Open Space,
park or parks without its approval for a period of three years. Each
area reserved for such purpose shall be of suitable area, dimensions,
topography and natural character for the purposes of a park and/or
playground or Open Space. The area or areas shall be so located as
to serve adequately all parts of the Subdivisions as approved by the
Board. The Board may require that the area or areas reserved shall
be located and laid out so as to be used in conjunction with similar
areas of adjoining Subdivisions or of probable Subdivisions. Any land
so reserved shall be graded to dispose properly of surface water and
shall be left in condition for the purpose intended, as required by
the Board. The Board shall also review the Open Space and Recreation
Plan for priority protection areas or per the Natural Heritage and
Endangered Species Program mapping and requirements. Compensation
shall be made for land acquired in this manner as provided in MGL
c. 41, § 81Q.
2.
Protection
of natural features. Every effort shall be made in both design and
construction to preserve and protect all natural features, such as
trees (especially specimen trees), wooded areas, watercourses, scenic
points, historic spots, and similar community assets, which, if preserved,
will add attractiveness and value to the Subdivision. The location
of large and/or specimen trees as well as other natural features shall
be clearly presented on the plans along with the provisions, including
restrictive Easements, to protect them.
3.
Planted
trees. Trees shall be provided and installed in conformity with the
latest requirements of the Standard Specifications for planting trees,
shrubs and ground cover.
a.
General. Trees are to be planted as required and as determined by
the Board, to assure amenity for the Subdivision. Trees shall be the
specimen/quality grade Type 1 "Shade Tree" as defined by the latest
version of the American Standard for Nursery Stock (ANSI Z60.1).
b.
All trees shall meet the following requirements:
(i)
Grown in a Climate Hardiness Zone 5 or hardier;
(ii)
Consist of well-rooted nursery-grown stock, free of injury,
harmful insects, and diseases;
(iii)
Shall have a minimum caliper size of 3 1/2 inches;
(iv)
Shall have a single straight central leader and be symmetrical
in shape, which is representative of their normal species;
(v)
Shall have a sound branching structure, with branch spacing equal
to 3% of the mature height of the normal species;
(vi)
Have 75% healthy vegetative growth and require only minimum
pruning at the time of planting.
c.
Trees shall be planted outside of the right-of-way (ROW) and as deemed
necessary, as determined by the Board, to assure amenity for the Subdivision,
within a ten-foot-wide permanent tree planting Easement. The following
note shall be place on the Definitive Plan Lot sheet: "Shade Trees
shall be located in a ten-foot-wide permanent tree planting Easement
adjacent and parallel to the street ROW line. The tree planting Easement
is for the purpose of planting, maintaining or replacing the street
trees for the benefit of the Developer, their assigns and successors."
d.
Wherever possible, existing natural tree lines and mature native
growth within the Subdivision should be preserved and those areas
designated within restrictive Easement areas.
e.
Trees shall not be listed on the latest Massachusetts Prohibited
Plant List and may be one of the following species, unless an alternative
is specifically approved by the Board:
Botanical Name:
|
Cultivars:
|
Common Name
|
---|---|---|
Acer Rubrum
|
'Red Sunset'
|
Red Maple
|
Acer Rubrum
|
'October Glory'
|
Red Maple
|
Acer Rubrum
|
'Autumn Flame'
|
Red Maple
|
Acer Rubrum
|
'Bohall'
|
Red Maple
|
Gledisitia Tricanthos
|
'Shademaster'
|
Honeylocust
|
Gledisitia Tricanthos
|
'Skyline'
|
Honeylocust
|
Liquidambar
|
Sweetgum
| |
Platanus Acerifolia
|
London Planetree
| |
Pyrus Calleryana
|
Cleveland Select Pear
| |
Quercus Rubra
|
Red Oak
| |
Quercus Palustris
|
Pin Oak
| |
Ulmus Americana
|
'Princeton'
|
American Elm
|
Ulmus Americana
|
'Homestead'
|
American Elm
|
Zelkova Serrata
|
Japanese Zelkova
|
f.
Trees in residential and commercial Subdivisions shall be spaced
at intervals of 50 to 67 feet and in accordance with the following
table.
Type/District
|
Minimum Frontage
(feet)
|
Number of Trees Required Per Lot
|
Spacing
(feet)
|
---|---|---|---|
Cluster developments
|
100
|
2
|
50±
|
Residence A (RA)
|
175
|
3
|
58±
|
Residence B (RB)
|
125
|
2
|
62±
|
Residence Rural (RR)
|
200
|
3
|
67±
|
When dealing with parcels of land that are deemed not
buildable or Easements, the number of trees required shall be determined
by the Board during the hearing process.
g.
General location requirements:
(i)
Trees shall not be clustered together, and all trees shall not be
planted within 10 feet from driveways, septic systems, drainage systems,
property corners, monuments, utilities or any other infrastructure
which could be potentially damaged by such planted trees.
(ii)
Trees shall not be planted within 40 feet of mature native trees
that will remain after development (grading for Roadway and Lot development
shall be considered in the preservation of existing trees).
(iii)
Trees on one side of the street may be set either opposite or
diagonally to trees on the opposite side; however the diagonal/offset
placement is preferred with trees located between 10 feet and 20 feet
from the edge of pavement.
h.
Planting trees must be approved, in writing, by an arborist, prior
to installation and shall be as follows:
i.
For a period of one year from the time of acceptance of the Roadway
by the Town, the Developer shall be responsible for maintenance of
all planted trees and replacement of those which have died, been damaged
or become diseased.
4.
Other
plantings.
a.
All areas within the right-of-way which are not paved shall either
be loamed and seeded for grass or, where some or all natural vegetation
is retained or to be restored, shall be mulched and planted, with
designation of type of treatment to be made by the Board, taking into
consideration the treatment of adjacent Lots and the feasibility of
successfully retaining existing vegetation.
b.
Areas to be planted in grass shall have loam placed to a compacted
depth of six inches. The grass seed shall be Creeping Red Fescue and
perennial rye grass and shall otherwise conform to the Standard Specifications.
Grass seed shall be placed at the rate of four pounds per 1,000 square
feet and shall be properly fertilized and watered with uniform coverage
to keep the seeded areas moist. After germination has started, seeded
areas shall be watered regularly to a minimum depth of two inches
until the performance guarantee is released.
c.
Areas to have natural vegetation shall have supplemental plantings
as directed by the Board or its agent and shall be covered with clean
pine bark mulch or wood chips to a depth of three inches, and watered
if necessary, until the performance guarantee is released.
G.
Easements.
1.
Where
utilities are within the Right-of-Way but are close to the Lot line,
or they cross Lots or are centered on rear or side Lot lines, Easements
shall be provided of a width of at least 20 feet centered on the pipe.
For sanitary sewer lines 18 to 27 inches in diameter, the Easement
width shall be 25 feet; and for pipes larger than 27 inches diameter
up to 48 inches, the Easement width shall be 30 feet. For drainage
pipes and sanitary sewers being installed at depths greater than five
feet, the minimum Easement width shall be calculated as two times
the excavation depth plus the pipe diameter plus two feet and then
rounded up to the nearest five-foot increment but not less than the
minimum width requirements. Additional Easements may be required for
transformer locations. Where a Subdivision is traversed by a watercourse,
drainageway, channel or stream, the Board shall require a stormwater
Easement (meeting the MA DEP Stream Crossing Standards) or drainage
right-of-way of adequate width and proper side slope as determined
by the Board to conform substantially to the lines of such watercourse,
drainageway, channel or stream and to provide for construction or
other necessary purposes. In no case shall the width be less than
20 feet or the side slope be steeper than two horizontal on one vertical.
2.
Access
Easements or parcels to adjacent property shall be provided, if required
by the Board, for use by emergency vehicles and for the benefit of
the Town. They shall be a minimum width of 20 feet. Wherever possible,
Easements along rear Lot lines shall be continuous to the street at
the end of the block to connect with the adjoining blocks in the shortest
direct line.
H.
Other
requirements.
1.
Monuments.
a.
Monuments shall be installed on street lines at all points of intersection
of streets with each other. In addition to the monuments at the intersections,
reinforced concrete monuments shall be installed at all points of
curvature and at all points of change of direction. In addition, one
reinforced concrete bound shall be placed so that each Lot will have
at least one bound where it intersects a street ROW and capped iron
rods are to be provided at other Lot corner points or other locations
where, in the opinion of the Board, permanent monuments are necessary.
Capped iron rods shall be installed at all Easements being conveyed
to the Town.
b.
Monuments shall be a standard permanent reinforced concrete of not
less than 30 inches in length and not less than five inches in width
and breadth and shall have a 1/2-inch-diameter hole 1 1/2 inches
deep drilled in the center of the top surface or a marked metal disk
at the top in the center. Said monuments shall be installed at the
time of final grading with the top flush with the top final graded
surface. The placement and accurate location of these monuments shall
be Certified by a registered land surveyor and properly located on
the As-Built Plans.
2.
Street
signs.
a.
From the time of rough grading until such time as each street is
accepted by the Town as a public Way, the signposts at the intersection
of such street with any other street shall have affixed thereto a
sign designating such street as a private Way.
b.
Street signs for each intersecting street shall be installed at each
intersection to conform to those used by the Middleborough Public
Works Department and installed at a location as approved by the Public
Works Department. All other types of signs (stop, no parking, etc.)
shall meet the requirements of the Standard Specifications for both
materials and installation. Street signs and all other signs shall
be clearly shown and noted on the plans.
3.
Cleanup.
Any area disturbed by the construction and all rights-of-way shall
be cleaned up so as to leave the area shown on the plan in a neat
and orderly appearance, free from debris, tree stumps, loose rocks,
mounds of dirt or other objectionable material. Said material shall
be removed from the site and properly disposed.
4.
Maintenance
of improvements. For the purpose of protecting the safety, convenience
and welfare of the Town's inhabitants for the provision of adequate
access to all of the Lots in a Subdivision by Ways that will be safe
and convenient for travel, for reducing the danger to life and limb
in the operation of motor vehicles, and for securing safety in the
case of fire, flood, panic and other emergencies, under the authority
of MGL c. 41, § 81M, as amended, the Applicant or their
successor shall provide for the proper maintenance and repair of improvements
during the period of construction.
A.
Variation.
Strict compliance with the requirements of these Rules and Regulations
may be waived only when, in the judgment of the Board, such action
is in the public interest and not inconsistent with the Subdivision
Control Law. Any such waiver must be made in writing by the Board
and voted, as a part of its approval or amendment thereof; otherwise,
all requirements contained herein are deemed applicable. It is the
policy of the Board that waivers will not be granted for any of these
regulations unless the Applicant can first demonstrate that the entire
Subdivision cannot be constructed in full conformance with all remaining
requirements of the Rules and Regulations. The Board may then consider
waiver of certain regulations if it deems their waiver to be in the
public interest. Waivers approved by the Board shall be clearly listed
and defined on the final plans being Recorded for the Subdivision.
B.
Reference.
For matters not covered by these Rules and Regulations, reference
is made to §§ 81K to 81GG, inclusive, of Chapter 41
of the General Laws.
C.
Building
permit.
1.
No
building permit shall be issued for Lots within a Subdivision without
first obtaining a Form J Release Form for such Lot.
D.
Inspection.
1.
Inspections
shall be arranged by the Developer with the Board or its Agent for
that purpose prior to the construction of streets and the installation
of utilities and during construction as specified herein at each significant
construction stage.
2.
Inspection
shall be requested of the Board or Agent at least 48 hours in advance
of the inception of any stage of the construction.
3.
The
Board may establish the order of the required inspection and may require
satisfactory completion of one step before the subdivider proceeds
to the next. It may require tests to be done by the subdivider as
a condition for approval when in the opinion of the Board it is advisable.
4.
The
Board's Agent shall indicate on Form O, Inspection Form, provided
by the Board, the date of inspection and the approval and shall file
such form, and an inspection report, if any, with the Board subsequent
to each inspection.
5.
Failure
to comply with the inspection procedure may necessitate removal of
improvements at the expense of the Applicant or rescission of the
approval of the plan in accord with MGL c. 41, § 81W.
E.
Validity.
If, in any respect, any provision of these Rules and Regulations,
in whole or in part, shall prove to be invalid for any reason, such
invalidity shall only affect the part of such provision which shall
be found to be invalid, and in all other respects these Rules and
Regulations shall stand as if such invalid provision had not been
made, and they shall fail to the extent, and only to the extent, of
such invalid provision, and no other provision of these Rules and
Regulations shall be invalidated, impaired or affected thereby.
F.
Effective
date. These regulations become effective after approval by the Board,
certification by the Town Clerk and filing with the Registry of Deeds
and the Recorder of the Land Court. These rules and regulations shall
be effective on and after the 17th day of February, 1966.
As amended July, 1975
|
As amended October, 1985
|
As amended January 27, 1987
|
As amended November 12, 1991
|
As amended June 24, 2008
|
As amended June 9, 2020
|
As amended May 17, 2022
|
1.0
General provisions.
1.1
Purpose and authority. These rules and regulations are adopted
by the Planning Board, hereinafter called the "Board," as the Special
Permit Granting Authority provided in the Zoning By-Laws of the Town
of Middleborough, and as provided in Chapter 40A of the Massachusetts
Laws for the purpose of establishing uniform procedures for the granting
of Special Permits for certain uses within the Cannabis Business District
(CBD), Commercial Development District, Development Opportunities
District and for Adult Mobile Home Parks.
1.2
Adoption and amendment. These rules and regulations may be adopted
and from time to time amended by majority vote, provided such adoption
is submitted in writing at a meeting of the Board and action thereon
taken at a following meeting.
1.3
Effective date. These rules and regulations are effective when
voted. A copy shall be filed with the office of the Town Clerk, with
appropriate endorsements such as:
Date of Adoption:
Date filed with Town Clerk:
Amendments - Dates of adoption:
Amendments - Dates filed with Town Clerk, etc.
2.0
Applicant (petitioner). An application
or petition for a Special Permit may be brought by a property Owner,
agent or prospective purchaser who submits certification of property
interest and authority to file.
3.0
Preapplication conference. The Applicant
shall first meet with the Town Planner to review and discuss the Conceptual
Plans prior to meeting with the Board. The Board may hold preapplication
conferences at any regular or special meeting of the Board. Conceptual
plans may be submitted for discussion purposes and to assist in the
identification of the nature of information necessary to meet the
requirements of the Zoning By-Law for a specific use.
4.0
Applications for special permit.
A Special Permit application package may be submitted by the
Applicant or their agent. Fourteen sets of prints [three full size
and 11 reduced size (11" x 17")] of the Special Permit Plan, the completed
Special Permit application and supporting documents shall be filed
with the minimum filing fee (see Section H) with the Board at a regularly
scheduled meeting. [For Cannabis Business District (CBD) Special Permit
requests applicant must complete and submit a FORM 5 with the application]
In addition to the paper copies, a properly formatted PDF of
the Special Permit Plan, application and other supporting documents
shall be electronically submitted via email or other file sharing
website, i.e., Dropbox. Electronic submission process must be coordinated
with Planning Office. The Special Permit application, including any
submissions made electronically or by mail, shall not be deemed to
be submitted until receipt has been acknowledged by the Board date-stamp
on each copy of the Application form.
The Applicant shall also file, by hand-delivery or registered
mail, a notice with the Town Clerk stating the date of submission
to the Board for such approval of a Special Permit accompanied by
a copy of said receipted and properly executed application form. The
"effective date of submission" of the Special Permit application is
the date, as stamped by the Town Clerk, on the receipted Application.
The Board shall, in accordance with Section 7.1, forward copies
of applications for special permits to be reviewed by the Board of
Selectmen, the Board of Health, the Town Manager, the Chiefs of the
Police and Fire Departments, the Conservation Commission, the Industrial
Development Commission and other Municipal Boards and Officials as
the SPGA shall deem appropriate. Copies of such recommendations shall
be sent to the Board and to the Applicant; provided, however, that
failure of any such Board or Agency to make recommendations within
21 days of receipt by such Board or Agency or the Petitioner shall
be deemed lack of opposition thereto. These regulations do not preclude
compliance with any other State or Federal laws.
4.1
Official application form. Applications for Special Permits
shall be made on an official form, which shall be furnished by the
Clerk of the Board upon request. Any communication not on an official
form shall be considered as a notice of intention to apply and not
as an application. All information on the form shall be supplied by
the Applicant in the manner prescribed (fully and correctly). Failure
to meet this requirement will be considered a failure to submit an
application, and no public hearing will be scheduled.
4.2
Plans and other pertinent information. For the purpose of furnishing
sufficient information upon which to base a decision of the Board,
the Applicant/petitioner shall submit plans and supporting documents
to justify the issuance of the Special Permit.* Such plans and supporting
documents shall be in the form indicated in Section 4.2.2 of these
rules, and in the quantities requested by the Board after a preapplication
conference has identified the general nature of the application and
the municipal officials with potential concerns in the proposed uses.
All such plans shall be prepared by a Registered Land Surveyor, and/or
a Professional Engineer, shall be oriented to true North and identified
by date and name of the Applicant/petitioner and contain such other
information as the Board may request. (In the case of a Retreat Lot
Special Permit request the applicant must supply a FORM R RETREAT
LOT SPECIAL PERMIT PLAN CHECKLIST with the application.)
*Note: In the event the Special Permit is deemed granted as
the result of the failure of the Board to act (see 40A:9), the Applicant
should provide sufficient data to meet all requirements of the by-law
and the statute.
4.2.1
Locus plan. The purpose of a locus plan is to indicate
the general relationship of the special permitted uses to the Town,
and the access to highways. The locus plan shall show the boundaries
of the permit area and of the individual Lots in relation to the boundaries
of the affected zoning districts and to public and private Ways. Such
a plan may be on an appropriate scale approved by the Board during
the preapplication conference (one inch equals 200 feet, 400 feet,
1,000 feet).
4.2.2
Site plans. The general purpose of a site plan
is to assure Zoning compliance, proper drainage, safe access and egress,
adequate parking, loading areas, signs, landscaping, screening, and
consideration of the needs of abutting land Owners. As applicable,
a site plan shall furnish information consistent with that required
by the Board for approval of a Definitive Subdivision. Such information
may be shown on one or more site plans on sheets not exceeding 24"
x 36", Multiple plans shall be numbered (Example: Sheet Number 1 of
6 sheets, etc.). Site plans shall be on the scale of one inch equals
40 feet or, if appropriate, one inch equals 20 feet, and each site
plan shall indicate the boundaries of the permit area and of the interior
Lots. At least one plan shall indicate the identity of the Owner of
each such separate parcel and of the abutting parcels as shown on
the most-recent tax list of the Town of Middleborough and of the applicable
adjoining municipalities. Information relating to the following existing
features shall be indicated on separate or combined plans:
Natural and man-made features
|
Wetland Resource Area boundaries
|
Flood Plain District and Water Resource Protection District
boundaries
|
Roads - public and private Ways and driveways
|
Means of access
|
Parking area
|
MAAB and ADA compliance
|
Natural and landscaped vegetation, watercourse, stream, river,
creek, etc.
|
Dwellings and other structures
|
Location of public water mains, hydrants
|
Location of public sewerage facilities
|
Location of Public Utilities (including Middleborough Gas and
Electric Department electric and gas systems)
|
Proposed uses shall be indicated also, including all new structures,
changes in topography, landscaping, roads and Ways, parking and loading
facilities, water and sewerage facilities, and such other information
necessary to fully describe the proposal. A zoning compliance table
shall also be provided.
|
4.2.3
Supporting documents relative to site plans. A
narrative report shall be provided to explain features shown on site
plans. Such a report shall explain proposed conditions on completion
of development and address the following issues:
a.
Compliance with the Zoning By-Law: (Present and proposed future uses
shall be identified as permitted or authorized by Special Permit).
b.
Protection of adjoining premises from detrimental effects from the
uses of Special Permits: (Open space, land under a Conservation Restriction,
Conservation Commission Land, landscaped buffers to protect present
and possible future permitted uses may be necessary.)
c.
Vehicular and pedestrian movement: (The present location, width,
grades, drainage, driveways and as proposed must be considered. There
may be changes in the direction of traffic flow.)
d.
Arrangement of structures: (Buildings, towers and signs must be considered
in view of light, air, solar orientation, Open Space, land under a
Conservation Restriction, and Conservation Commission Land.)
e.
Site Lighting, Parking and loading: (Number of spaces and locations
must be adequate to service proposed uses without occupying too great
an area.)
f.
Facilities: (Adequate sewerage, refuse removal, surface drainage,
subsurface drainage.)
4.2.4
Applicant shall indicate the means proposed to
accomplish the following purposes:
a.
Protection of adjacent areas against detrimental or offensive uses
on the site by provision of adequate surface water drainage, buffers
against bright lights, sight, sound, dust and vibration, and preservation
of light and air.
b.
Convenience and safety of vehicular and pedestrian movement within
the site and in relation to adjacent areas by provision of adequate
access to cope with projected traffic flow patterns into and upon
the site for both vehicles and pedestrians based upon an estimate
of the projected number of motor vehicle trips to and from the site
for an average day and for peak hours.
c.
Waste disposal by adequate methods.
d.
Protection of environment features on the site and in adjacent areas,
by use of design features intended to integrate the proposed new development
into the existing landscape, to enhance aesthetic assets, and to screen
objectionable features from neighbors.
e.
Water supply from a public water supply system, or other sources
of an adequate supply of potable water, together with lagoons, ponds
or stand pipes, with sufficient capacity for fire protection.
f.
Prevention of the pollution of surface water or groundwater, soil
erosion, excessive runoff, changes in groundwater levels, and flooding.
g.
Provision for the special needs of handicapped persons in all structures
and common areas available to the public.
h.
Protection from adverse environmental impacts resulting from noise,
vibration, groundwater pollution from chemicals used or stored on
the premises, or from storage of petroleum products.
i.
Security of persons and property without excessive demands upon municipal
police and fire departments.
j.
Drainage, including use of porous as well as impervious parking areas
and retention ponds to minimize runoff.
k.
Maintain density of building areas and height consistent with the
customary uses in Middleborough.
5.0
(Reserved)
6.0
Hearings.
6.1
Joint public hearings. The application for a Special Permit
may be considered at a public hearing held jointly and concurrently
with other Town boards.
6.2
Public hearings. All consideration of Special Permit applications
shall be at hearings open to the public. Special permits shall only
be issued after a public hearing which must be held within 65 days
after the effective date of filing of a special permit application
with the Town Clerk, as the designated agent of the Board. Failure
by the Board to take final action by filing said decision in the office
of the Town Clerk upon application for a special permit within 90
days following the date of the public hearing shall be deemed to be
a grant of the permit requested, unless a waiver of time is granted
by the Applicant, voted by the Board and filed with the Town Clerk.
No hearing shall be held on an election, primary or caucus day in
the Town of Middleborough. Notice of such hearing shall be given by
publication in a newspaper of general circulation in the Town of Middleborough
once in each of two successive weeks, the first publication being
not less than 14 days before the day of the hearing, and by posting
such notice in a conspicuous place in the Town Hall for a period of
not less than 14 days before the hearing. In all cases, notice shall
be delivered in hand, sent by mail by the Board, postage prepaid,
or other acceptable method of delivery to the following:
Board of Selectman
|
Board of Health
|
Town Manager
|
Water and Sewer Commissioners
|
Chief of Police
|
Chief of Fire Department
|
Conservation Commission
|
Industrial Development Commission
|
Middleborough Gas and Electric Department
|
Such other Boards and Officials as the Board deems appropriate
|
Notice shall also be sent by mail, postage prepaid,
to parties in interest (the petitioner, abutters, Owners of land directly
opposite on any public or private street or Way and abutters within
300 feet of the property line of the petitioner, and the Planning
Boards of Raynham, Lakeville, Rochester, Wareham, Carver, Plympton,
Halifax and Bridgewater, including the Regional Planning Agency).
6.3
Representation at hearing. An Applicant, or a party in interest,
may appear in their own behalf or may be represented by an authorized
agent or attorney. In the absence of an appearance on behalf of an
Applicant, without cause, the SPGA may deny an application or decide
on the basis of available information otherwise received.
7.0
Disposition of application.
7.1
Referral to other agencies. Copies of the application, together
with such information as the Board deems appropriate, shall be forwarded,
as noted in Section 4.0, for review and recommendations to the Board
of Selectmen, the Board of Health, the Town Manager, the Water and
Sewer Commissioners, the Chiefs of the Police and Fire Departments,
the Conservation Commission, the Industrial Development Commission,
the Middleborough Gas and Electric Department, and to such other municipal
Boards and Officials as the Board determines, within 14 days of the
filing of the application. Failure of any such Board, Agency or Official
to make recommendations within 21 days of receipt of such notice shall
be deemed lack of opposition thereto.
7.2
Voting. The affirmative vote of at least four members of the
Board shall be required to authorize a Special Permit (MGL c. 39, § 23D).
The record shall show the vote of each member or indicate if absent
or failing to vote and, if applicable, the certification under § 23D.
The decision shall state clearly the reasons for the action and shall
include each specific finding required by Chapter 40A of the General
Laws and by the Zoning By-Law. The Board may, as a condition of granting
approval of a Special Permit, impose reasonable requirements designed
to promote the health, convenience, safety and general welfare of
the community and to benefit the Town. In such event, the Board shall
endorse such conditions on the plan to which they relate, or set forth
a separate instrument attached thereto, to which reference is made
on such plan and which shall be deemed to be a part of the plan.
7.3
Withdrawal of application. An application may be withdrawn without
prejudice by an Applicant by notice in writing to the Clerk of the
Board at any time prior to the first publication of the notice of
the public hearing.
7.4
Reconsideration. No vote on an application may be reconsidered
after the meeting has been adjourned.
7.5
Appeals. Any Person aggrieved by a decision of the Board as
Special Permit Granting Authority may appeal such decision as provided
in MGL c. 40A, § 17, within 20 days after such decision
has been filed in the office of the Town Clerk.
7.6
Reapplication.
A reapplication of a withdrawn application (see Section 7.3)
shall be permitted only by majority vote of the Board. Such a vote
shall not constitute unfavorable action.
No application which has been unfavorably and finally acted
upon by the Board shall be reconsidered for a Special Permit within
two years after the date of the said final unfavorable action unless
the Board finds, by vote of four members, specific and material changes
in the conditions upon which the previous unfavorable action was based
and such changes are described in the record of the Board's proceedings,
and after notice is given to parties in interest of the time and place
of the proceedings to reconsider in the same manner as provided for
in Section 6.2 of these Rules and Regulations.
7.7
Lapse of special permit. No special permit shall be authorized
by the Board without the express condition that it will lapse if a
substantial use thereof or construction there under the permit has
not commenced within two years from (a) the date of final action by
the Board, except for good cause; or (b) the date of the final determination
of an appeal.
7.8
Extension of special permit. Prior to the expiration of the
Special Permit, the Applicant may apply for an extension of the Special
Permit for a period not to exceed one year. Requests for extension
may be made on an annual basis in such form as the Board shall require.
The Applicant may not apply for an extension if construction or a
substantial use thereof has not commenced except for good cause.
7.9
Effective date of special permit. No Special Permit shall take
effect until a copy of the decision, bearing the certification of
the Town Clerk that 20 days have elapsed after the filing of the decision
and no appeal has been filed, is Recorded in the Registry of Deeds
and indexed under the name of the record Owner of the land.
8.0
Decisions.
Final approval, if granted, shall be endorsed on the original
drawing of the Special Permit Plan by the signatures of a majority
of the Board but not until the statutory twenty-day appeal period
has elapsed following the filing of the Board's certificate of approval
with the Town Clerk and said Clerk has notified the Board that no
appeal has been filed. If appeal has been made, said endorsement shall
be made after the entry of a final decree of the Court sustaining
the approval of such Special Permit. After the Special Permit Plan
has been approved and endorsed, the Board shall return the original
to the Applicant.
The Applicant shall have the endorsed Special Permit approval
certificate and plan Recorded at the Plymouth County Registry of Deeds
within one year of the date of this approval or prior to the start
of construction. The Applicant shall provide proof of recording by
submitting to the Board a copy of the receipt from the Registry of
Deeds indicating that the endorsed plan and certificate have been
duly Recorded.
8.1
Performance guarantee. As a condition to a Special Permit, the
Board will establish a surety amount needed to complete the required
improvements (including, but not limited to, the installation of Municipal
Services, stormwater management facilities, outfalls and wetland replication
areas, if applicable) and the Applicant shall post a bond or provide
other safeguards in the form of and amount or penal sum acceptable
to the Board prior to the expiration of the twenty-day appeal period,
unless the Board shall specify otherwise. If the Applicant is not
the Owner and must purchase to assume such obligations, he shall comply
within 20 days following the date of purchase.
9.0
Severability of provisions. The provisions
of these Rules and Regulations are severable. If any provision of
these Rules and Regulations is held invalid, the other provisions
shall not be affected thereby. If the application of these Rules and
Regulations, or any of its provisions, to any Person or circumstances
is held invalid, the application of these Rules and Regulations and
their provisions to other persons and circumstances shall not be affected
thereby.
10.0
Waiver of full compliance. Full compliance
with these Regulations may be waived by the Board, provided such waivers
are deemed by the Board to serve the public interest and do not conflict
with MGL c. 40A.