1. 
The subdivision shall be designed in a manner consistent with the guidelines set forth in Appendix C,[1] relating to development by landscape types, which may be amended in the same manner that the Board may amend its Rules and Regulations.
[1]
Editor's Note: See the forms and appendixes included as attachments to this chapter.
2. 
All standards under this section shall be considered minimum standards and may be varied from or waived where the Board considers that alternative conditions will serve substantially the same objective. All waivers requested and granted by the Board shall be made in writing, with an explanation for the reasons therefor.
3. 
Design and construction shall minimize, to the extent possible, the following:
a. 
Volume of cut and fill;
b. 
Soil loss or instability during and after construction;
[Amended 5-10-2021]
c. 
Materials leaving the site;
d. 
Areas where existing vegetation will be disturbed, especially if such vegetation is located within 200 feet of a river, wetland, or water body, or in areas having a slope of more than 15%;
e. 
Number of significant trees removed having a diameter of 12 inches or more, when measured at four feet above finished ground level;
f. 
Removal of existing stone walls;
[Amended 5-10-2021]
g. 
Disturbance of important wildlife habitats, outstanding botanical features or scenic or historic environs;
[Amended 5-10-2021]
h. 
Extent of waterways altered or relocated;
i. 
Dimensions of paved surfaces and areas (including streets), especially in aquifer recharge areas, except as necessary for safety and convenience, or to comply with the requirements of the Massachusetts Architectural Access Board;
j. 
Direct access from any lot to a collector or arterial street.
4. 
Design shall emphasize the following:
a. 
Use of collector streets to avoid traffic on streets providing house frontages;
b. 
Visual prominence of natural, scenic and historic features of the landscape;
[Amended 5-10-2021]
c. 
Maintenance within the subdivision of stormwater runoff and vegetative cover equivalent to conditions before development;
d. 
East-west orientation of streets, so as to allow maximum solar access.
5. 
Lots, buildings and structures involved in subdivisions shall comply with the Millbury Zoning Bylaw in effect at the time of submission of a preliminary plan, if the definitive plan is approved within seven months of submission of the preliminary plan, except as varied hereunder.
6. 
All streets, sidewalks, bikeways, walkways, water mains, pipes, hydrants, fire protection facilities, street lights, drains, basins, culverts, and other related facilities and services shall be installed and completed without expense to the Town in accordance with these Rules and Regulations, and the specifications and requirements of any appropriate board.
To the greatest extent possible, easements shall be located on property lines. Where utilities cross lots or are centered on rear or side lot lines, easements shall be provided of a width of not less than 20 feet.
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the Board shall require a stormwater easement or drainage right-of-way of adequate width and proper side slope to conform substantially to the lines of such watercourse, drainageway, channel, or stream, and to provide for construction, maintenance or other necessary purposes. In no case shall the width of the easement be less than 20 feet the boundaries of the stormwater easement be closer than five feet horizontally to the annual high water line, or the side slope be steeper than two feet horizontal to one foot vertical. No building shall be constructed and no paving shall be permitted within such easement except as permitted under the Zoning Bylaw. Watercourses shall remain open except at street crossings.
The Board shall require access easements to adjacent properties when such property is undeveloped or underdeveloped, in order to facilitate future development. Such access easement shall be of sufficient width to construct a public way.
The Board may require the plan to show a park or parks, suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land and shall be at least equal to one acre of land for each 20 dwelling units or fraction thereof shown on the plan. For all nonresidential subdivisions, the park shall be equal to three times the floor area of all structures, and 10% of the land area. The Board may, by appropriate endorsement on the plan, require that no building be erected upon such park or parks without its approval for a period of three years. Each area reserved for such purpose shall, in the opinion of the Board, be of suitable area, dimensions, topography and natural character for the purpose of a park and/or playground. The area or areas shall be so located as to serve adequately all parts of the subdivision as approved by the Board.
Any open space or playground land shall be provided with appropriate frontage on a street, and pedestrian ways will normally be required to provide access from each of the surrounding streets, if any, on which the open space, park or playground has no frontage. Further, such parks and/or playgrounds may be required to have maintenance provided for by agreements acceptable to the Board, unless the Town purchases the park and/or playground.
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.
All natural features, such as stone walls, trees, wooded areas, watercourses, scenic points, and historic spots, shall be preserved as much as possible. Any clearance, backfilling, cutting, thinning or other disturbance to trees 12 inches or greater in diameter measured four feet above finished ground level, located within the minimum front setback distance, shall be prohibited unless deemed both proper by the Board and not in conflict or contradiction with the intent of this section. Any such proposed clearance shall be shown on the plan and written reasons therefor may be requested by the Board.
In order to preserve natural vegetation which provides high runoff absorption on the site, site preparation, tree cutting, filling, grading, and other work done in anticipation of subdivision approval shall not be performed within three calendar years prior to submission and approval of a preliminary or definitive plan. The Board reserves the right to disapprove any such work, and to order restoration of the site, upon filing of a definitive plan application. If, in the opinion of the Board, excessive vegetation is removed prior to the filing of a definitive plan, a restoration plan showing proposed replacement vegetation shall be submitted as part of the definitive plan application and shall require approval by the Board.
1. 
Existing trees. To the greatest extent possible, trees within 20 feet of the proposed roadway and building footprints, especially those over 12 inches in diameter four feet above finished ground level, shall be preserved. The following is a list of recommended measures for the protection of trees:
a. 
Wherever possible, there shall be no operation of heavy equipment or storage of any materials under said tree within its natural drip line.
b. 
Wherever possible, no grading or filling should be done within the drip line.
c. 
No bituminous concrete paving or vehicle parking should be located under conifers. No more than 20% of the area under any deciduous tree's natural drip line may be so paved.
d. 
All drainage from paved areas should be directed away from root zones.
2. 
Street trees. Existing trees, which in the opinion of the Board are suitable for street trees, shall be preserved, and where such are inadequate, new trees shall be provided on both sides of all streets.
a. 
The applicant is required to plant suitable broadleaved deciduous trees along roadways within the right-of-way, unless specifically exempted by the Board. All trees shall be the equivalent of well-rooted nursery-grown stock free of injury, harmful insects, and diseases. They shall be well-branched, and of sound structure.
b. 
Large-growing trees shall be spaced at intervals of 45 feet to 55 feet, medium-growing trees at intervals of 30 feet to 40 feet, and small-growing trees at intervals of 20 feet to 30 feet. Trees on one side of the street may be set either opposite or diagonally to trees on the opposite side.
c. 
Minimum acceptable sizes of trees to be planted shall be as follows:
Large-growing:
2 1/2" trunk diameter, caliper l' above ground
Medium-growing:
2 1/2" trunk diameter, caliper l' above ground
Small-growing:
9' crown height, 5' spread
d. 
Planting operations shall be carried out as required by the Tree Warden.
e. 
Requirements for support stakes, guy wire and cable, ground anchors, hose, and wrapping material shall be those contained in Section 6 of the Recommended Standard Specifications for Planting Trees, Shrubs and Vines, compiled and issued by the Associated Landscape Contractors of Massachusetts, Inc.
f. 
To limit the spread of pests and disease, no more than 20 trees of the same species may be planted contiguously and may not be planted again unless separated by a minimum distance of 500 feet.
g. 
The applicant shall be responsible for maintenance of planted trees and replacement of those that have died or become diseased from the time of planting through one full year or until street acceptance, whichever is longer. Supplemental irrigation shall be provided to new trees as needed during the summer months to aid growth.
3. 
Bank plantings.
a. 
All cut or fill bankings with slopes greater than 3:1 must be planted with suitable, well-rooted, low-growing plantings. All plants shall be the equivalent of nursery-grown stock in good health, free from injury, harmful insects, and diseases.
b. 
Deep-rooted perennial grass turf installed as sod is an acceptable alternative for the planting of banks.
c. 
If bank plantings are of a type that is properly spaced at close intervals, eight inches to 12 inches of loam shall be spread over the entire bank. If the plantings are to be widely spaced they may be planted in loam pits.
d. 
Mulch (wood chips or equivalent) shall be spread to a minimum depth of six inches among plants for weed and erosion control.
e. 
The applicant shall be responsible for maintenance of bank plantings and replacement of those that have died or become diseased from the time of planting through one full year.
4. 
Corner plantings. Requirements for plantings adjacent to street intersections shall be the same as those for bank plantings with the following exceptions:
a. 
Turf may be provided by seeding as well as by planting sod.
b. 
Bushy shrubs and herbaceous plantings that would tend to obscure visibility are not permitted within 20 feet of the street.
5. 
Cul-de-sac plantings. The central radius of a permanent loop turnaround dead-end street should be landscaped. The following options are permitted:
a. 
Planting with ground cover using six inches to eight inches base of loam and spreading mulch between plants for weed control.
b. 
Planting perennial grass by either sod or seed.
c. 
Planting ornamental shrubs of a type acceptable to the Board.
d. 
Retaining existing vegetation, with approval of the Board.
e. 
The standards of the American Nurserymen Association and the specifications of the Associated Landscape Contractors of Massachusetts shall apply to landscaping subject to these regulations.
All cleared areas of a right-of-way, not to be planted with groundcover plantings, including all disturbed areas over all culverts in drainage easements, shall be loamed with not less than six inches compacted depth of good-quality loam, seeded with lawn grass seed. Seeding shall be done at appropriate times of the year and in a manner to insure growth of grass. Utility poles, signs or similar items shall be placed within the center of the grass strip.
1. 
General.
All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel and natural drainage with no drainage pockets, and so that they are adjusted to the topography and provide the minimum number of intersections with existing and collector streets. Due consideration shall also be given by the applicant to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the subdivision.
The Board may disapprove a plan where it determines that dangerous traffic conditions may result from inadequacy of the proposed access or of the proposed ways within the subdivision, or of any of the ways adjacent to or providing access to the subdivision.
2. 
Residential street classification.
The following classification of residential streets is intended to assist in the evaluation of the design of each street in a subdivision's system, and not intended to be used to set arbitrary standards without assessing the complete plan for a subdivision and the intended use of each street.
Residential streets in each category shall be classified, according to their design, use (actual or intended), their relationship to other streets in the hierarchy and their residential character, in the following categories, defined in Section 2 (Definitions): access street, subcollector, collector, arterial.
3. 
Dwelling unit access.
Dwelling units shall not be given direct driveway access to arterial streets, except:
a. 
Where existing lots of record abut arterial streets;
b. 
In subdivisions that front on an existing arterial street where site conditions prevent other access; or
c. 
In special instances where the configuration of the tract prevents the construction of an access road or an interior roadway, after review and approval by the Planning Board and the Director of Public Works.
Where practical and compatible with the zoning and internal layout of the subdivision, dwelling unit driveway access to collector streets shall be avoided.
4. 
Location and alignment.
a. 
Design of all roadways shall be in accordance with the applicable requirements of the current edition of the American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" and the "Massachusetts Highway Department's Project Development and Design Guide." Provision shall be required for the proper projection of streets, or for access to adjoining land not yet subdivided.
[Amended 5-10-2021]
b. 
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.
c. 
Horizontal and vertical alignment of all roadways shall provide a desirable stopping sight distance of 200 feet. The Board may permit a minimum sight distance of 150 feet, if it finds that safe driving conditions may be maintained. Stopping sight distance requirements may be increased if the Planning Board finds that the intersecting roadway has a design speed of greater than 30 miles per hour, or if existing conditions indicate that prevailing speeds are greater than 30 miles per hour.
d. 
Street jogs with center-line offsets of less than 125 feet shall be avoided.
e. 
Property lines at street intersections shall be rounded or cut back to provide for a radius of not less than 30 feet.
f. 
The minimum center-line radii of curved streets shall be 100 feet for an access street, 150 feet for a subcollector, and 300 feet for a collector street. All horizontal curves shall be designed as to provide a minimum 200 feet of clear sight distance within the roadway right-of-way to drivers.
[Amended 5-10-2021]
g. 
No streets shall intersect at less than a 90° angle, except that the Board may permit an intersection of not less than 60° if it finds that no safety concerns exist. Property lines at intersections shall be cut back to provide a curb radius of not less than 20 feet. Intersections shall be spaced a minimum of 125 feet apart.
h. 
The center line of roadways shall coincide with the center line of the street right-of-way unless the Board specifically approves a minor variance.
i. 
Subdivisions containing more than 20 dwelling units shall require not less than two separate means of access with an existing street or streets deemed sufficient per Section 4.2 or shown on an approved subdivision plan for which a performance guarantee has been filed. The Board may require more than two means of access based on the proposed number of dwelling units, proposed commercial/industrial building square footage or anticipated development impacts.
j. 
Streets shall not be built within 25 feet of any watercourse, except where a stream crossing has been approved by the Conservation Commission. A street may cross land which is floodprone, provided that lots served may be reached by another means of access which is not subject to periodic flooding.
k. 
In order to enhance safety and improve the appearance of the street, the Board may require devices and design features such as additional curves or other features that reduce vehicular speed or increase pedestrian or vehicular safety.
l. 
Grades of streets shall not exceed 6% for collector streets and 8% for subcollector and access streets. Grades shall not be less than 0.5% for any street. No street shall contain an 8% grade for more than 200 feet. On any street where the grade exceeds 6% on the approach to an intersection or cul-de-sac, a leveling area with a slope of not more than 4% shall be provided for a distance of not less than 100 feet measured from the nearest exterior line of intersecting street or cul-de-sac.
m. 
The center-line slope of a cul-de-sac turnaround shall not exceed 4%.
n. 
Street grades shall be designed in relation to existing grades such that the volume of cuts and fills made within the right-of-way approximately balance, except to offset peat, boulders, or other unusable material to be removed.
5. 
Dead-end streets.
The length of a dead-end street shall never exceed 1,500 feet. For the purposes of this section, any proposed street that intersects solely with a dead-end street shall be deemed to be an extension of the dead-end street. The length of a dead-end street shall be measured from its intersection with the nearest through street along the road center line for its entire length.
Dead-end streets shall be provided at the closed end with a T-shaped turnaround or a loop turnaround having an outside roadway diameter of 100 feet and a property line diameter of 120 feet unless otherwise specified by the Planning Board. Looped turnaround dead-end streets shall have a circular landscaped island at the center of the turnaround. The width of the paved traveled way within the loop turnaround shall match that of the way approaching the turnaround or 22 feet, whichever is greater. Natural vegetation shall be maintained within the landscaped island where possible; in areas that cannot retain the natural vegetation, a landscaping plan shall be provided for the cul-de-sac island. Responsibility for maintenance of such a landscaped island shall lie with the owners of all lots within the subdivision.
[Amended 5-10-2021]
A T-shaped turnaround may be used for cul-de-sacs of up to 500 feet and serving up to four dwelling units and shall be constructed as follow
[Amended 5-10-2021]
a. 
One leg of the turnaround shall be located to the left of the street and positioned perpendicular to the other leg and to the street approaching the turnaround.
b. 
Pavement of the turnaround legs shall be of the same width as in the remainder of the cul-de-sac.
c. 
The turnaround legs shall be straight and shall be 74 feet long measured along the intersection of the right-of-way of the legs to the end of legs right-of-way and shall have a traveled way width of 20 feet.
[Amended 5-10-2021]
d. 
The street approaching the turnaround shall be straight for a minimum distance of 60 feet.
e. 
There shall be no driveways off the ends of the turnaround legs, within 20 feet from the end of pavement, or in the intersection roundings. These driveway-restricted areas shall extend for a depth of 10 feet off the pavement edge.
f. 
A "No Parking" restriction shall be posted within the T-shaped or looped turnaround.
[Amended 5-10-2021]
Temporary dead-end streets 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 terminated turnaround will be removed and replaced with loam and appropriate planting, curb, sidewalks, and trees shall be installed in accordance with the requirements stated herein.
6. 
Width.
The width of street rights-of-way and traveled ways shall not be less than the following:
Right-of-Way Type
Number of Dwelling Units Potentially Served
Right-of-Way Width
(feet)
Traveled Way Width
(feet)
Access
0 to 20
40
22
Subcollector
21 to 149
50
26
Collector
Over 150
60
32
Greater width shall be required by the Board when deemed necessary for present and future vehicular travel.
Reductions of width which are a part of an overall drainage plan to reduce the impervious surfaces in the subdivision, and runoff from the parcel may be permitted if the Planning Board deems plans for safety, parking, pedestrian circulation and other factors adequate to accommodate the requested reductions.
Rights-of-way for pedestrian access adjacent to paved streets shall be obtained where sidewalks, bikeways, or other structures are necessary.
Slopes adjacent to roadways, natural or man-made, may be placed within easements on individual properties rather than acquired as rights-of-way.
Street names should be in keeping with the character of the Town and should reflect existing natural features and historical events related to the specific location of the subdivision in the Town of Millbury or veterans who gave their lives fighting on behalf of the United States. Street names shall be acceptable to the Planning Board after consultation with the Police Department and the Fire Chief. Street names that may result in confusion with existing names within the Town shall not be permitte
Street name signs shall be furnished and installed at each street intersection at diagonally opposite corners and shall bear the names of both intersecting streets. Street signs shall be of a design conforming to street signs used by the Town. Street signs shall not be placed on telephone poles, or on any pole containing any other sign. Street signs shall be installed as specified in the latest edition of the Manual on Uniform Traffic Control Devices by the U.S. Department of Transportation and Massachusetts Amendments. No occupancy permits shall be issued on a street until the street sign has been properly installed.
[Amended 5-10-2021]
From the time of rough grading until such time as a street is accepted by the Town as a public street, the signposts at the intersection of such street with any other street shall have affixed thereto a sign designating such street as a private street.
Safety and traffic control signage, including "STOP" signs and any other signs deemed to be required by the Board, in consultation with Town public safety personnel, shall be provided and installed by the applicant.
Granite monuments not less than six inches square and four feet long with a three-eighth-inch drill hole in the center are to be furnished and set on both sidelines of all points of curvature of streets where the sideline changes direction and points of tangency. Concrete bounds not less than five inches square and three feet long with a steel reinforced rebar shall be set at the intersections of lot lines and street rights-of-way, intersections of lot lines and permanent easements and at all points of change of direction of boundary lines of each lot in the subdivision. In instances where a retaining wall, stone wall or ledge interferes with an applicant's ability to install a granite monument or reinforced concrete bound, a drill hole may be substituted. In no case shall monuments be spaced more than 500 feet apart.
[Amended 2-23-2007]
No permanent monument shall be installed until all construction which could destroy or disturb the monument is completed. Monument locations shall be staked prior to roadway construction and maintained. Concrete bounds shall be installed prior to the issuance of an occupancy permit. Granite monuments and concrete bounds shall be accurately set in the ground with the top flush with the finish grade of the surface of the ground adjacent to the location in which they are to be placed, unless otherwise specified by the Board. The developer shall excavate a hole sufficiently large to properly place the monuments or bounds and thoroughly tamp around them sufficient material to hold them securely in position. If the material is not satisfactory for backfill, in the opinion of the Town Planner or the Planning Board's agent, then said holes shall be filled with gravel.
The applicant's surveyor shall furnish the Board with a letter certifying that monuments and bounds have been placed precisely as indicated on the definitive plan. The location of all bounds set shall be shown on the as-built plan.
[Amended 5-10-2021]
Curbing shall be installed on all streets in all districts as follows:
1.
Along the entire perimeter of all cul-de-sacs.
2.
Along all curves of street intersections.
3.
All sections of a street having a grade of 3% or more shall have curbing. This curbing shall be continued from the end of the 3% grade to the location of the next set of catch basins on the downhill side of such grade.
4.
Along any other street where, in the opinion of the Board, curbs are necessary to handle run-off for that section of roadway or curbs are necessary for the maintenance of the pavement and the prevention of pavement edge raveling.
Curbing shall be constructed of granite, unless, in the opinion of the Board, other material will be satisfactory. In most locations, the Planning Board requires the use of Type VA4, or equivalent, vertical granite curbing as defined in Section M9.04.1 of the Massachusetts Department of Transportation Standard Specifications for Highways and Bridges:
[Amended 5-10-2021]
Minimum length: 6 feet
Width at top: 6 inches
Width at bottom: 4 inches (for 2/3 length)
Depth: 17 inch to 19 inch minimum
At curb cuts, vertical granite curbing shall have a bull-nose piece (two-foot radius, one-quarter curve), and the sloped granite curbing shall consist of a straight piece with the top tapered to be flush with the ground.
Sloped granite curbs shall be Type SA as defined in Section M9.04.2 of the Massachusetts Department of Transportation Standard Specifications for Highways and Bridges, or equivalent, and shall be required as follows: at intersections with existing streets and at intersections within the subdivision for the distance of the arcs of the intersection radii; along lanes; surrounding any islands or chokers within the street, including landscaped islands in loop turnarounds of cul-de- sac streets; throughout the T-shape turnaround of a cul-de-sac street except for the straight curbline on the right side.
[Amended 5-10-2021]
Curbing that connects to an existing street that has no curb or berm, has a different type or shape of curb or berm, or has curb with a lesser reveal, shall have a tapered end piece providing a smooth transition.
Curbing shall be sealed to the road pavement.
The need for curbing may be eliminated along certain roadways, when drainage is provided in swales, which are designed to reduce the rate of runoff, and restore or supply needed water to vegetation in the street right-of-way.
[Amended 2-22-2010]
Whenever a sidewalk or bicycle path intersects a roadway, handicapped-accessible curb cut ramps shall be provided. Ramps shall be located close to the intersection to keep the width of the crosswalk to a minimum and shall conform with the design standards of the Massachusetts Architectural Access Board, as may be amended. The Board shall require that curb cut ramps contain detectable warnings, such as raised truncated domes with a diameter of nominal 0.9 inch, a height of nominal 0.2 inch and a center-to-center spacing of nominal 2.35 inches and contrast visually with adjoining surfaces, either light-on-dark or dark-on-light. The Board may require that crosswalks are constructed of textured or stamped concrete/pavement or brick pavers with granite edging.
[Amended 5-10-2021]
Driveway cuts shall not be allowed within 60 feet of the intersection of the center line of intersecting streets. In no instances shall catch basins be located along a driveway curb opening. Driveway openings, including a detail and cross section, shall be shown on the definitive plan.
Driveways shall be paved. That portion of all driveways within the street right-of-way limits shall contain eight-inch gravel subbase, binder at 2 1/2 inches after compaction and top coat at 1 1/2 inches after compaction. Sidewalk grades shall be continuous across driveway openings, with a maximum cross-slope of 2%. Transition in grade of no more than two inches will be allowed.
Driveways shall be at least 12 feet wide and shall have an opening of at least 16 feet in the curb at the gutter line.
At all driveways the grade at the back of the sidewalk shall be at least six inches higher than the grade at the gutter line.
The junction of sidewalks, driveways and roadways shall be constructed in such a manner as to prevent recessed areas where puddling may form.
Driveways serving the premises shall provide access through the required frontage of the serviced lot, except in the case of a common driveway.
Sidewalks shall be placed generally parallel to roadways as follows:
1.
On both sides of streets providing direct access to commercial and retail facilities.
2.
On both sides of streets providing direct access to schools.
3.
On both sides of streets providing direct access to public recreational facilities.
4.
On both sides of streets in a Business District.
5.
On both sides of streets on a collector or subcollector.
6.
On one side of the street on an access street.
Where sidewalks are required on both sides of a street, one of the sidewalks may be eliminated where, in the opinion of the Planning Board, one sidewalk will provide adequate pedestrian circulation.
Sidewalks shall be installed in accordance with the requirements of the Massachusetts Architectural Access Board (521 CMR) in effect at the time of application, including minimum clear path, curb openings and ramps at intersections, detectible warning panels, catch basin locations and tree clearance over sidewalks.
[Amended 5-10-2021]
Sidewalk design, including, but not limited to, cross-slope, thickness, joints and material composition, shall be approved by the Planning Board.
Sidewalk design shall be varied in horizontal layout and location to minimize disturbance of vegetation and to achieve maximum aesthetic value.
When located within the street right-of-way, sidewalks shall be located no closer than six inches to the outside of the layout, with a maximum of pedestrian-vehicular separation. Where sidewalks are located outside of the right-of-way, the applicant shall reserve suitable easements therefor.
Walkways connecting existing trails should be created whenever reasonable and developed in new locations when possible.
Sidewalks shall be at least five feet wide and provide an unobstructed accessible width of at least three feet.
[Amended 5-10-2021]
Public bicycle paths may be required by the Board to provide circulation or access to schools, recreational areas, retail facilities, transportation and community facilities, or where, in the opinion of the Planning Board, bicycle travel in the streets would be dangerous. These paths may, or may not, be part of the normal sidewalk provisions.
Bicycle paths shall be designed in accordance with the current edition of AASHTO's Guide for the Development of Bicycle Facilities. The minimum right-of-way of a bicycle path shall accommodate an eight-foot to ten-foot paved width with two-foot graded shoulders on each side. Bicycle paths are to be designed with a minimum center-line radius of 50 feet. Grades shall not exceed 5% except in those instances where, because of the characteristics of existing terrain, the Planning Board authorizes grades of up to 8% for distances of less than 100 feet.
Provisions to ensure the safe and convenient use of bicycles may include, but may not be limited to, the following: warning or information signs along the bike route, bikeway pavement stencils, a special line on a roadway marked off by a painted line.
All required utilities, exclusive of transformers, shall be placed underground at the time of initial construction. Required utilities may include water, sanitary sewer, storm drainage, telephone, cable television, electricity, gas, and wiring for streetlights, unless otherwise specified by the Board. There shall be a minimum of three feet of cover over all utility lines. Except for lot connections, cross-country connections, lift or pump stations, all main water, sewer and drainage utilities shall be located within the paved roadway area.
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(s) by continuing the mains the full length of streets, and to the exterior limits of the subdivision at such grade and size that will, in the opinion of the Board, permit their proper extension at a later date. Reasonable provision shall be made for extension of utilities to adjoining properties, including installation of water gates and manholes if necessary. The applicant shall not deny others connection to the utilities, except that the applicant shall not be required to pay the cost of such connection.
Connections for water, sanitary sewer, storm drain, gas, electric 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.
All utilities shall be installed and completed without expense to the Town in accordance with these Rules and Regulations and the specifications of the appropriate boards and departments.
When any portion of a subdivision lying outside of the Aquifer and Watershed Protection Overlay District is within 1,000 feet of a public water supply that is accessible by the borders of the property, or if the Fire Chief and/or Board of Health determines that available water is inadequate to provide safe potable water or fire protection, then the subdivision shall be required to extend public water to the development. Any such extension shall be accomplished in accordance with the requirements of the purveyor of public water and shall include any appurtenances necessary to ensure adequate water pressure.
Water pipes shall be placed in a trench with a cover of not less than six feet. The piping shall be of cement-lined ductile iron, or other suitable material approved by the Aquarion Water Company or its successor in interest. Gates shall be placed along mains and in accordance with the requirements of the Water Company, but, in any case, spaced not more than 1,000 feet apart. The size of the mains shall conform to the requirements of the Water Company and approved by the Board, but, in any event, not less than eight inches in diameter.
[Amended 5-10-2021]
Pursuant to Section 6.14, where 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 water system by continuing the mains the full length of the streets and to the exterior limits of the subdivision at such grade and size that will, in the opinion of the Board, permit their proper extension at a later date.
All costs associated with the installation and inspection of water lines and appurtenances, including the resurfacing of the entire width of the affected roadway, shall be borne by the applicant.
Where public water is not available, the applicant shall provide evidence that available groundwater can adequately serve the subdivision.
When any portion of a subdivision lying outside of the Aquifer and Watershed Protection Overlay District is within 1,000 feet of a public sanitary sewer line that is accessible by the borders of the property, the subdivision shall be required to extend public sewer to the development unless the applicant can prove that the cost of sewer installation exceeds two times the cost of septic system installation. An operating sewage collection system, including pipes, connecting wyes, laterals to the edge of the street right-of-way, manholes, lift station (if necessary), and other related equipment shall be installed to serve all lots in the subdivision. Dry sewer lines shall not be deemed an operating sewage collection system. All sewage collection systems shall conform to the Town of Millbury Sewerage Commission's Rules and Regulations, as may be amended, and shall be installed under the supervision of the Sewerage Commission or its designee.
Where an operating sewer main is to be extended by the applicant from existing sewer service to the subdivision, the main shall serve each existing building and buildable lot, as determined by the Board, along the proposed line by the installation of wyes and laterals in the main at each building and buildable lot location. All laterals shall extend to the edge of the street right-of-way. Pursuant to Section 6.14, where 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 sewer system by continuing the mains the full length of the streets and to the exterior limits of the subdivision at such grade and size that will, in the opinion of the Board, permit their proper extension at a later date.
All costs associated with the installation and inspection of sewer lines and appurtenances, including the resurfacing of the entire width of the affected roadway, shall be borne by the applicant.
Where public sewers are not available, on-site (septic) systems or private sewer treatment facilities shall be provided. The applicant shall provide evidence that soils are suitable for such on-site system. All on-site septic systems that are intended to remain under private ownership and control shall be installed under the supervision of the Board of Health and in strict compliance with Title V of the State Environmental Code. All private sewer treatment facilities shall be installed under the supervision of the Massachusetts Department of Environmental Protection.
1. 
General approach.
Lots shall be prepared and graded consistent with drainage into the subdivision, and in such a manner that development of one lot shall not cause detrimental drainage on another lot, or on areas outside the subdivision, to the extent permitted by law.
Any man-made stormwater management system constructed for mitigation of post-development peak discharge rates, to provide water quality treatment and/or groundwater recharge shall be located on a separate lot, to be owned in common by the owners of all lots within the subdivision. Written provision shall be made to ensure that any such facility is properly maintained at no cost to the Town.
[Amended 5-10-2021]
Storm drains, culverts, and related facilities shall be designed to permit the unimpeded flow of all natural watercourses, to ensure adequate drainage at all low points along streets, to control erosion, and to intercept stormwater run-off along streets at intervals reasonably related to the extent and grade of the area being drained.
To the maximum extent feasible, groundwater recharge shall be maximized and groundwater quality shall be protected. Various techniques shall be used to maximize recharge and create a hydrologically functional lot or site, including the following: vegetated open channel systems along roads, rain gardens, buffer strips, use of amended soils that will store, filter and infiltrate runoff, and/or bioretention areas. In addition, reduction of impervious surfaces where possible, reduction of heat island effects, and use of water quality units such as grease traps or gas/oil separators will be encouraged.
Low-impact development best management practices preserve the site's natural features and environmentally sensitive areas, such as wetlands, native vegetation, mature trees, slopes, natural drainagecourses, permeable soils, floodplains, woodlands, and soils. Low-impact development principles that provide filtration, treatment and infiltration such as vegetated areas that slow down runoff, minimize disturbed areas, maximize infiltration and reduce contact with paved surfaces shall be used unless infeasible.[1] Applications not incorporating low-impact development principles shall indicate why these practices are infeasible at the site
[Amended 5-10-2021]
Peak stream flows and run-off at the boundaries of the development in a two-, ten-, twenty-five- and 100-year frequency storm shall be no higher following development than prior to development.
[Amended 1-22-2007]
[1]
"Infeasible" means not technologically possible, or not economically practicable and achievable in light of best industry practices.
2. 
Design basis.
[Amended 5-10-2021]
All subdivision applications, regardless of whether the project is subject to the state's Wetlands Protection Act, shall design the stormwater management system in compliance with the goals and objectives of the Massachusetts Department of Environmental Protection (DEP) Stormwater Management Standards and accompanying Stormwater Management Handbook and any applicable local and federal regulations, with the Stormwater Handbook's 10 Stormwater Standards as most recently amended. These apply to industrial, commercial, institutional, and residential subdivision and roadway projects, including site preparation, construction, redevelopment, and ongoing operation. The applicant shall also provide calculations indicating compliance with each standard. Refer to the Massachusetts DEP Stormwater Handbook and its referenced sources for specific application of these stormwater management categories.
The design shall include the size, quality, and type of pipe; inlets, manholes, water quality treatment and stormwater basin areas; and the percent of grade. The applicable design criterion shall be a 0% increase in the peak rate for the two-, ten-, twenty-five-, and 100-year storm event.
Storm sewer pipe and swales shall be designed to convey peak discharge of the twenty-five-year frequency storm, and culverts shall be designed to convey the peak discharge of the 100-year frequency storm.
Drainage computations shall be based on full development of all tributary areas upgradient of each system. Runoff analyses shall be calculated by using the Rational Method. All drains shall be sloped to provide for a minimum velocity of two feet per second and a maximum design velocity of 10 feet per second.
Computations shall be submitted in a suitable form along with amplifying plans outlining 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, other large body of water or on-site disposal.
Stormwater basins shall be designed to provide no increase in peak discharge to any off-site area in the two-, ten-, twenty-five- and 100-year storm event.
The rainfall amounts used in stormwater basin calculations shall be based on the 1998 Cornell University Study, NOAA Atlas 14, Volume 10, Point Precipitation Frequency Estimates for Millbury, or other studies approved by the Massachusetts Department of Environmental Protection:
Values to be Used for 24-Hour Rainfall Calculations (Cornell, 1998)
Storm Frequency
24-Hour Rainfall
(inches)
2 yr. storm
3.2
10 yr. storm
4.9
25 yr. storm
6.1
50 yr. storm
7.3
100 yr. storm
8.5
3. 
Design method.
Stormwater basin drainage calculations shall be based upon the modified soil cover complex method with storm drainage design based upon the objectives, principles and design considerations set forth in the Massachusetts Stormwater Management Handbook and the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Area: A Guide for Planners, Designers, and Municipal Officials, both maintained by MassDEP. These publications are hereby incorporated as a part of these Rules and Regulations.
The sediment forebay at the inlet of a stormwater basin shall be sized for a minimum of one year sediment volume and shall be at least 10 feet long. The sediment forebay shall have a maintenance access of 10 feet or wider, with a maximum slope of 15% and a maximum cross-slope of 3%. A stormwater basin shall be sized to store one inch of rainfall times the impervious area below the primary spillway. The basin shall have a long flow path rather than a low flow channel, with a length twice as long as it is wide. The stormwater basin shall have maximum side slopes of 4:1, and a minimum of six inches topsoil and 6% organic content.
[Amended 1-22-2007]
The outermost edge of stormwater basins shall be located a minimum of 25 feet from any house, roadway or property line, and shall be screened from adjacent lots and streets by a greenbelt of trees and shrubs not more than 15 feet apart planted in two staggered rows. Such trees or shrubs shall be not less than eight feet in height at the time of planting. No basins shall be located at street intersections.
Emergency spillways will be sized and designed to cause detention of and passage of the design inflow without causing the water level to rise above a preselected elevation. A freeboard of one foot will be required between the detained water level and the top of the embankment during peak design conditions.
The plans shall include a design detail and cross-section of the proposed stormwater basin, infiltration basin or rain garden, which shall include details of any invert construction at both the inlet and discharge.
Stormwater management basin(s) shall be designed for aesthetics, as well as function.
Stormwater management systems for projects on new development sites shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of total suspended solids (TSS) related to the total post-construction impervious area on the site and 60% of the average annual load of total phosphorus (TP) related to the total post-construction impervious surface area on the site.[2]
a.
Average annual pollutant removal requirements are achieved through one of the following methods:
1.
Installing Best Management Practices (BMPs) that meet the pollutant removal percentages based on calculations developed consistent with EPA Region 1's BMP Accounting and Tracking Tool (2016) or other BMP performance evaluation tool provided by EPA Region 1, where available.[3] If EPA Region 1 tools do not address the planned or installed BMP performance, then any federally or state-approved BMP design guidance or performance standards [e.g., the MA Stormwater Management Handbook[4] may be used to calculate BMP performance; or
2.
Retaining the volume of runoff equivalent to, or greater than, one inch multiplied by the total post-construction impervious surface area on the new development site; or
3.
Meeting a combination of retention and treatment that achieves the above standards; or
4.
Utilizing off-site mitigation that meets the above standards within the same USGS HUC12 as the new development site.
Stormwater management systems for projects on redevelopment sites shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of total suspended solids (TSS) related to the total post-construction impervious area on the site and 50% of the average annual load of total phosphorus (TP) related to the total post-construction impervious surface area on the site.[5]
a.
Average annual pollutant removal requirements are achieved through one of the following methods:
1.
Installing BMPs that meet the pollutant removal percentages based on calculations developed consistent with EPA Region 1's BMP Accounting and Tracking Tool (2016)[6] or other BMP performance evaluation tool provided by EPA Region 1, where available. If EPA Region 1 tools do not address the planned or installed BMP performance, then any federally or state-approved BMP design guidance or performance standards [e.g., the MA Stormwater Management Handbook[7] may be used to calculate BMP performance; or
2.
Retaining the volume of runoff equivalent to, or greater than, 0.80 inch multiplied by the total post-construction impervious surface area on the new development site; or
3.
Meeting a combination of retention and treatment that achieves the above standards; or
4.
Utilizing off-site mitigation that meets the above standards within the same USGS HUC12 as the redevelopment site.
All stormwater management best management practices employed within a watershed for a water body impaired for phosphorus shall be shown to be optimized for phosphorus removal by the standards set forth by the MA Stormwater Management Handbook or the approved TMDL, if it exists, whichever is more strict. Infiltration BMPs, bioretention areas, constructed stormwater wetlands, and filter systems are recommended tools for reducing the concentration of nutrients in stormwater discharges.
To support compliance with the Town's MS4 permit, all new development and redevelopment stormwater management BMPs located on commercial or industrial land must incorporate designs that allow for shutdown and containment to isolate the drainage system in the event of an emergency spill or other unexpected event.
For determination of the extent of development, all undeveloped tributary areas shall be assumed to be fully developed in accordance with the Millbury Zoning Bylaw.
[2]
Pollutant removal is calculated based on average annual loading and not on the basis of any individual storm event.
[3]
https://www.epa.gov/tmdl/opti-tool-epa-region-1s-stormwater-management-optimization-tool
[4]
https://www.mass.gov/guides/massachusetts-stormwater-handbook-and-stormwater-standards)
[5]
Editor's Note: Pollutant removal is calculated based on average annual loading and not on the basis of any individual storm event.
[6]
Editor's Note: https://www.epa.gov/tmdl/opti-tool-epa-region-1s-stormwater-management-optimization-tool)
[7]
Editor's Note: https://www.mass.gov/guides/massachusetts-stormwater-handbook-and-stormwater-standards.
4. 
Storm drainage structures.
a. 
Piping.
All drain pipes shall be at least 12 inches inside diameter, made of high-density corrugated polyethylene (HDPE) smooth-lined pipe conforming to Massachusetts Department of Transportation (MassDOT) requirements as identified in the Standard Specifications for Highways and Bridges, as last updated. Castings shall be manufactured in the United States or Canada, and conform to MassDOT specifications.
Unless otherwise specified herein, thermoplastic pipe and joint fittings shall conform to the following:
1. 
High-density polyethylene (HDPE) corrugated and smooth-lined pipe and fittings shall be manufactured in accordance with requirements of ASTM F2306, latest editions.
2. 
High-density polyethylene (HDPE) corrugated and smooth-lined pipe shall be manufactured from virgin PE compounds which conform with the requirements of cell class 335400C as defined and described in ASTMD3350.
Installation shall be in accordance with ASTM D2321, "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity Flow Applications."
Thermoplastic pipe shall be unloaded and handled with reasonable care. Pipe shall be placed in the bed starting at the downstream end. Trenches must be excavated in such a manner as to insure that the sides will be stable under all working conditions. Trench walls shall be sloped or supported in conformance with all standards of safety. Only as much trench as can be safely maintained shall be opened. All trenches shall be backfilled as soon as practicable, but no later than the end of each working day.
Trench width shall be sufficient to ensure working room to properly and safely place and compact haunching and other backfill materials. Minimum trench width shall not be less than 1.25 times the pipe outside diameter plus 12 inches (1.25 x O.D. + 12"). Note: On multiple pipe barrel runs the clear distance between pipes is as follows:
12" to 24" Diameters: Clear span = 12"
24" and Greater Diameter: Clear span = 1/2 x Diameter
Foundation and bedding shall meet the requirements of AASHTO M145, A-1, A-2-4, A-2-5, or A-3. A stable and uniform bedding shall be provided for the pipe and any protruding features of its joint and/or fittings. The middle of the bedding equal to 1/3 of the pipe O.D. may be loosely placed, while the remainder shall be compacted to a minimum 90% of maximum density per AASHTO T99. A minimum of four inches of bedding shall be provided prior to placement of the pipe, unless an unyielding material (rock cuts) is present in the trench bottom, then a six-inch cushion of bedding is recommended. Bedding material size shall be one-and-one-half inch maximum granular material.
Structural backfill shall also meet the requirements of AASHTO M145, A-1, A-2-4, A-2-5, or A-3. Structural backfill shall be placed and compacted in layers eight-inch loose lift thickness and brought up evenly and simultaneously on both sides of the pipe to an elevation not less than one foot above the top of the pipe. Structural backfill must be worked into the haunch area and compacted by hand. Structural backfill shall be one-and-one-half-inch maximum granular size, and a minimum compaction level of 90% Standard Proctor Density per AASHTO T99 shall be achieved.
The minimum cover is one foot or HS-25 live loads (12"-48" diameters) and two feet for larger diameter structures (60" diameters). However, care should be taken when heavy construction equipment loads cross the pipe trench during construction. If the passage of construction equipment over an installed pipeline is necessary during project construction, compacted fill in the form of a ramp shall be constructed to a minimum elevation of three feet over the top of the pipe. Any damaged pipe shall be replaced at the contractor's expense.
b. 
Catch basins and manholes. A catch basin to manhole drain configuration shall be used. Generally, catch basins will be required on both sides of roadway on continuous grade at intervals of not more than 250 feet. Any catch basins and manholes used shall be at least six feet deep and four feet diameter (inside measurements), with a four-foot or greater sump below pipe invert and shall be constructed of concrete blocks or precast concrete units. Manhole covers and grates shall be in conformance with Massachusetts Department of Transportation (MassDOT) specifications, designed and placed so as to cause no hazard to bicycles. All materials used shall be of a type and manufacture approved by the Director of Public Works.
[Amended 5-10-2021]
c. 
Security bars. Security bars shall be provided at the entrance to all culverts, or open pipe drains over 18 inches diameter. The grate shall be constructed of steel bars not less than one-half-inch diameter welded together to provide a grate not smaller than the pipe opening. The vertical bars shall be placed with two-inch clear openings between them, and the horizontal bars shall be placed 12 inches on center. The grate shall be installed not closer than one pipe diameter upstream from the entrance in a manner approved by the Planning Board or its agent. A suitable sketch of the grate and method of installation shall be submitted for approval with the plans for the drains and appurtenances.
d. 
Headwalls. Concrete or field stone masonry headwalls shall be provided at both ends of culverts and the discharge ends of storm drains, and be placed a distance of not less than 65 feet from the way line.
5. 
Scour protection. The discharge ends of all drains with flowing full velocities of four feet per second or more shall be protected with a rip-rap apron of a width not less than three times the nominal diameter of the pipe. The rip-rap apron shall extend for a distance of not less than 10 times the nominal pipe diameter from the end of the discharge pipe. The rip-rap for exit velocities of 10 feet per second or less shall be composed of a layer of stones 12 inches in thickness or more, placed upon a bed of sand and gravel six inches in thickness. The stones shall be sized so that not less than 60% shall have one dimension 12 inches or more. The stones after being laid shall be carefully chinked by hand to make a reasonably smooth and shaped surface. Where exit velocities are greater than 10 feet per second, the thickness of stones and the dimensions of the individual pieces shall be sized to prevent displacement by the flow. In this case, details shall be prepared by an engineer and submitted to the Board for approval.
6. 
Connections. Proper connections adequate to accommodate the drainage flow from the subdivision shall be made with any existing drains in adjacent streets, or easements on abutting properties. In the absence of such facilities, or inadequacy of the same, it shall be the responsibility of the developer to extend drains from the subdivision as necessary to properly dispose of all drainage from said subdivision in a manner determined to be proper by the Board.
Pursuant to Section 6.14, where 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 drainage system by continuing the mains the full length of the streets and to the exterior limits of the subdivision at such grade and size that will, in the opinion of the Board, permit their proper extension at a later date.
Any subdivision located in any part within the Flood Plain District established under the Zoning Bylaw shall comply with the following:
1. 
Subdivision design shall be consistent with the need to minimize flood damage within the flood-prone area, through use of clustering, open space reservation, street profile design, and drainage.
2. 
All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage.
3. 
Drainage systems shall be designed in consideration of possible flooding to the base flood elevation.
[Amended 5-10-2021]
At a minimum, lighting fixtures shall be placed at all street intersections and in the area of fire hydrants when applicable. Additional lighting fixtures shall be placed at a maximum of 300 feet apart, on curves or other hazardous locations as determined by the Planning Board, and in the vicinity of fire hydrants. Lighting fixtures shall have a maximum height of 20 feet.
All lighting fixtures must be energy-efficient (i.e., LED) and compatible with Town-owned equipment. Lighting shall be arranged to ensure safety, security and utility; prevent, to the extent possible, glare onto abutting properties, public ways, pedestrians, drivers, and the sky. Lighting fixtures shall be International Dark Sky Association approved for the purposes of reducing light pollution by directing light towards the ground and away from abutting properties, public ways, pedestrians, drivers, and the sky.
The applicant shall purchase and install all streetlights in accordance with the approved street lighting plan. The applicant shall dedicate the streetlights to a homeowners' association, or to the Town of Millbury at the time of conveyance of ownership of the roadways. The applicant shall provide electrical power to streetlights and shall be responsible for their operation and maintenance until such time as ownership of the streets and ways within the subdivision are conveyed to a homeowner's association or the Town.
[Amended 5-10-2021]
Where a public water supply will be installed within the subdivision, no hydrant shall be placed more than 500 feet from a dwelling. Hydrant location shall be subject to the approval of the Fire Chief, and a flow test shall be conducted on all hydrants to determine water availability for fire protection before any building permits are issued. All gates, valves and hydrants shall conform to the requirements of the Fire Chief and the Water Company.
Where no public water supply is available, an adequate water supply shall be provided in accordance with the Fire Chief's and Planning Board's recommendations. If required, fire cisterns shall have a capacity of 30,000 gallons, minimum, and conform to the Millbury Fire Department's Cistern Requirements, as most recently updated. Fire cisterns shall be operational and inspected by the Fire Chief prior to issuance of any building permits.
Industrial subdivisions shall comply with all requirements of the Rules and Regulations except as noted in this section.
All streets shall be constructed as collector streets and all appropriate design standards shall apply.
Curb radii shall not be less than 50 feet.
A dead-end street shall contain no more than 250,000 square feet of floor area. To construct more than 250,000 square feet of floor space, a secondary means of access, adequate in the opinion of the Board, shall be provided.
Existing streets and sidewalks providing access to streets and sidewalks within a proposed subdivision shall be considered to provide adequate access where, prior to construction on any lots, the applicant ensures that such access will be in compliance with the Rules and Regulations for right-of-way width, pavement width, maximum grade and sight distance requirements applicable to ways within a subdivision. When existing streets, sidewalks and utilities to service a proposed subdivision are deemed inadequate to handle the impact of the development, the applicant may be required to complete, at the applicant's expense, improvements outside the boundaries of the subdivision to insure adequate access that is safe and convenient to travel and for securing adequate provisions for drainage and other requirements as may be necessary. Said street, sidewalk and utility improvements outside the boundaries of the subdivision shall not exceed 50% of the total cost of the street, sidewalk and utility costs within the subdivision.