Town of Salisbury, MA Article XI Design and Construction Standards

A definitive subdivision plan shall conform to all of the following design standards requirements, unless an express, written waiver is granted by the Planning Board under G.L. c. 41, § 81R.

§ 465-57 Street design.

All streets shall be designed and located so as to be continuous and in alignment with existing streets and with other proposed streets and so as to provide adequate access to all lots in the subdivision via ways that are safe and convenient for travel and so as to satisfy all of the purposes set forth under G.L. c. 41, § 81M. No grant of approval for any definitive subdivision shall occur unless the Planning Board first determines that the adjacent private and public ways to which the subdivision streets are proposed to connect will provide adequate access that is safe and convenient for travel and satisfy all of the purposes set forth under G.L. c. 41, § 81M and Regulation 3.11.

A. General. Streets shall be designed and constructed so as to be continuous, of uniform width, and in alignment with existing streets and shall conform to the following specific requirements.

B. Typical street cross-section. Street and roadway construction shall conform to the typical street cross-sections and details shown in Tables 1, 2 & 3 of the Regulations,[1] which shall be considered part of the Regulations.

[1] Editor's Note: Said tables are included as attachments to this chapter.

C. Street width of right-of-way. The minimum width of a street right-of-way shall be 50 feet. A greater width may be required for streets that serve commercial or industrial uses.

D. Street width of pavement. Streets shall be constructed in the manner described herein with a minimum paved surface width of 26 feet for all residential streets and a minimum paved surface width of 32 feet for all commercial and industrial streets. Each street shall be constructed on the center line of the way. The Planning Board may require, for commercial and industrial development, that the traveled way shall be separated by a raised median strip with a width of to be determined by the Planning Board. In this case, the traveled way shall consist of two roadways each with a minimum width of 20 feet or such greater width as the Planning Board may specify.

E. Projection of streets and easements. Provisions satisfactory to the Planning Board shall be made for the proper projection of streets or for access to adjoining property that is not yet subdivided, including a condition that such a through connection shall not occur without further subdivision approval, including modification of the original subdivision. If such a projection is required, then, except as otherwise provided bylaw, projection of streets shall be included within the street layout and provision made to deed an easement interest to the Town at the time of street acceptance although not constructed. Sufficient easements for construction of the way(s) shall be included in the plans and deeds for abutting lots. Easements shall be located to the property boundary for future utility connections, water main looping, etc., to the satisfaction of the Planning Board and applicable utility purveyors. Alignment for roadways across the street shall be provided.

F. Reserve strips prohibited. Reserve strips prohibiting access to streets or adjoining property shall not be permitted except where, in the opinion of the Planning Board, such strips shall be in the public interest.

G. Street intersection design. Street intersections shall be laid out either directly opposite one another, or be separated by a minimum offset of 200 feet from center line to center line, unless otherwise specified by the Planning Board. Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60°. Street intersections on the same side of the roadway shall be separated by a minimum of 350 feet from center line to center line.

H. Driveway intersections. The center line of new subdivision way intersections shall be separated from all existing and proposed driveways (both within and outside of the subdivision) by a minimum of 75 feet.

I. Curb radius. Street right-of-way lines at intersections shall have a minimum curb radius of not less than 30 feet. Where the angle of intersection between two streets varies more than 10° from a right angle, the radius of the curve at the gutter line curblines at the obtuse angle shall be less and at the acute angle shall be correspondingly greater than the radius specified herein to the extent approved by the Planning Board.

J. Minimum center line radii. The minimum center line radii of curved streets shall be 150 to 200 feet for residential streets, and 500 feet for commercial streets. All curved streets shall be designed to ensure safe vehicular travel.

K. Minimum length of tangent between reverse curves. The minimum length of the tangent between reverse curves shall not be less than 150 feet.

L. Minimum center line grade. The center line grade of any street shall not be less than 1%.

M. Maximum center line grade. The maximum center line grade shall not exceed 5%.

N. Vertical curves. All changes in grade exceeding 0.5% shall be connected by vertical curves of sufficient length to afford a suitable sight distance. For purpose of design calculations a minimum K value of 30 on a crest curve and 35 on a sag curve shall be provided.

O. Leveling area and maximum gradient at intersections. A profile shall be provided for a distance of 200 feet on each side of layout lines. Where the gradient of any street is 5% or greater within 150 feet of the intersection of street right-of-way lines, a leveling area of at least 75 feet with a maximum gradient of 3% shall be provided. No street shall intersect another street at a gradient in excess of 3%.

P. Maximum gradient on dead-ends. No center line gradient shall exceed 5% within 500 feet of a dead end.

Q. Retaining walls, guard fences and slopes. Whenever the approved street grade differs substantially from the grade of adjacent land, or where otherwise determined by the Planning Board to be reasonably necessary for public safety, the applicant shall be required to erect retaining walls and guard rail fences or provide slopes with proper plantings to retain the slope, not steeper than 3:1. The Planning Board shall approve the type and dimensions of such retaining walls, fences or slopes and all work shall conform to the "Standard Specifications" of the Town of Salisbury. Construction of retaining walls shall conform to the standards established by the Massachusetts Highway Department. No work shall be performed in any public right of way other than to tie the pavement of a new subdivision way into the public way at grade level without obtaining the necessary easement interest to do so from Town Meeting. No work shall be performed in any private right of way other than to tie the pavement of a new subdivision way into the private way at grade level without providing evidence of the legal right to do so.

R. Shoulders. Improved shoulders shall slope toward the paved surface at 1 1/2% slope. They shall be covered with six inches of loam and shall be raked, seeded and rolled and watered. Deviation from the above shall occur only with the written approval of the Planning Board. Improved shoulders on all roads shall be a minimum of four feet wide. In the event that the sidewalk requirement is waived, the improved shoulder shall be a minimum of five feet in width.

S. Curbs/berms.

(1) Curbing may be required throughout the subdivision. Granite curbing shall be installed at such points as required by the Planning Board. Vertical granite curbing shall be required at all street corners along the circumference of the roadway for the full length of the rounded curve plus a straight section at each end of the curve for at least six feet in length. Vertical granite curbing may also be required on both sides of streets where the grade exceeds 3%. Additional areas may require vertical granite curbing if, in the opinion of the Planning Board, it would contribute to the proper control of drainage, traffic or pedestrian safety. Driveway cuts shall be at least 10 feet wide and have a curb return at the roadway of three feet in radius. Vertical granite curbing shall be installed at the edge of the pavement wherever the street sideline is laid out on a curve of 60 feet or less radius and at all drain catch basin inlets as specified in Appendix II. Sloped granite curbing may be allowed only with approval of the Department of Public Works.

(2) Granite curbing shall be cut to the following dimensions: minimum length: six feet; width at top: six inches; depth: 17 to 19 inches; minimum width at bottom: four inches; projection above pavement: six inches. All curbing shall be set in concrete and installed as per Department of Public Works requirements.

T. Way lines parallel. Way lines shall be parallel.

U. Free flow of traffic. At principal intersections, extra space shall be required to allow for traffic circles and other devices to expedite the free flow of traffic and to provide for adequate sight distance at the proposed curb cut.

V. Traffic standard. New development shall be permitted only when the projected traffic that would be generated by the proposed development can be accommodated either by existing roadway capacity or proposed improvements that will ensure public safety.

W. Extension of streets. Subdivision streets shall be laid out so as to safely connect to existing ways. No subdivision shall be approved unless the proposed streets connect to and are accessible from a public way or a private way that is open and dedicated to public use, having in the opinion of the Planning Board adequate construction, lines, width and grades.

X. Intersection sight distance. Adequate sight distance shall be provided at all intersections with existing and proposed roadways and as set forth as follows:

(1) Required stopping distance. The required stopping sight distance shall be calculated under the Stopping Sight Distance of the American Association of State Highway and Transportation Officials, "A Policy On Geometric Design of Highways and Streets 2001," most recent edition, based on the 85th-percentile speed of the major roadway. The 85th percentile speed shall be determined from an acceptable engineering speed study with a minimum of 20 speed observations in each direction.

(2) Calculation of sight distance. Available intersection sight distance shall be measured a minimum of 15 feet from the edge of pavement along the center line of the proposed roadway. For all calculations, the height of the driver's eye shall be considered to be 3.5 feet above the road surface and the height of the object shall be considered to be 2.0 feet above the road surface in accordance with the most recent AASHTO policy. If this policy is changed after the date of this document the developer shall conform with the policy that is the most safe.

(3) Required plan details to allow sight distance evaluation. The definitive plan shall detail existing trees (of a caliper greater than six inches), stone walls, fences, topography, driveways and streets within 350 feet and pavement limits so as to allow the Planning Board's technical consultant to adequately evaluate intersection sight distance. The definitive plan shall include the measured sight distance triangles and any applicable approach grades. Sufficient sight easements shall be provided before a plan is approved.

§ 465-58 Dead-end street design.

A dead-end street shall mean any street that is closed to through traffic at one end and shall adhere to the following requirements.

A. Maximum length of dead-end streets. No dead-end street shall exceed 550 feet in length. The length of a dead-end street shall be measured from the center line of the nearest intersecting through street to the end of the subdivision way. A cul-de-sac shall be deemed a dead end street. A hammerhead or T-shaped arrangement of streets shall not be considered an "intersecting through street" for purposes of this section.

B. Turnaround dimensions. A dead-end street shall be designed and constructed with a turnaround cul-de-sac at the closed end that has an outside roadway diameter of at least 100 feet and a property line diameter of at least 124 feet. A fifty-foot-minimum island diameter shall be provided in the center of the turnaround.

C. Fire lane. A dead-end street, having in the opinion of the Planning Board a potential hazard to public safety, shall have a fire lane easement for the travel of emergency vehicles connecting the dead end street with the nearest possible way in existence. The fire lane shall be kept clear of all obstructions and shall be properly graded for its intended use.

D. Grade. The last 100 feet of a dead-end street shall not have a grade greater than 3%.

E. Termination of dead-end turnaround. Upon construction of an extension to a dead end street that makes it a throughway, the easement for the existing turnaround shall terminate and the turnaround shall be removed by the applicant extending the street as a condition of subdivision approval.

§ 465-59 Drainage design.

All drainage systems, including, but not limited to storm drains, culverts, swales, paved waterways, ditches, ponds, basins, check dams, drainage systems, and related construction, grading and installation including, but not limited to, riprap, fore bays, catch basins, gutters, manholes and drain pipes shall be designed, installed, maintained and replaced, in accordance with the Regulations herein and the approval of the Department of Public Works in order to provide adequate disposal of surface and subsurface water, including control of erosion, flooding, and standing water from or in the subdivision and adjacent land. All drainage systems shall adhere to the standards set forth below.

A. General.

(1) Massachusetts Department of Environmental Protection Stormwater Standards.

(2) All stormwater management systems shall be designed to meet the performance standards of the Massachusetts Department of Environmental Protection, known as 310 CMR 10.05, Paragraph (6)(k)-(q), or most recent amendment except as set forth below.

(3) American society of civil engineers standards.

(4) All stormwater management systems shall be designed to be consistent with the most recent technical references published by the American Society of Civil Engineers, as applicable. The design of every stormwater management system shall demonstrate that no increase in off-site runoff rate or flooding for the two-, ten- and 100-year storm events shall occur. Every stormwater management system shall demonstrate that it shall provide 80%. If this standard is not consistent with the Conservation Commission Stormwater Standard the Conservation Commission Standard will prevail.

(5) Hydrologic design. Cornell Storm water Standard, Not TP40.

(6) Hydrologic designs shall be based on NRCS TR55 and TR20 methodology except that the Northeast Regional Climate Center's "Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada," Publication No. RR 93-5 (Cornell University, Ithaca, NY: September 1993)(the "Cornell Standard") shall be used for rainfall, not the Technical Paper 40 Standard ("TP40"). If this standard is not consistent with the Town of Salisbury's Conservation Commission's Stormwater Standard the Conservation Commission Standard will prevail.

(7) Emergency Overflow Requirements for Systems that Use Infiltration.

All stormwater management systems, which are designed to rely upon infiltration, shall be designed to provide safe and controlled emergency overflow in a 100-year storm event, as defined under the Cornell Standard, when Antecedent Moisture Condition III (i.e., saturated surface and groundwater conditions) exists. Safe and controlled emergency overflow shall mean that no increase in off-site runoff rate or flooding shall occur, post-construction. If this standard is not consistent with the Conservation Commission's Stormwater Standard the Conservation Commission Standard will prevail.

B. Stormwater data submission. An applicant shall provide three copies of the following data to the Planning Board to allow the Planning Board's engineer and the Department of Public Works to evaluate the proposed stormwater runoff designs:

(1) Sub area delineation at a minimum scale of 1 inch = 100 feet. A minimum scale of 1 inch = 40 feet or less shall be required for smaller sites or if plans are found to be unclear by the Town at 1 inch = 100 feet.

(2) The Sub area plan shall include any offsite area, which flows onto the site and shall include a downstream area to a defined control point.

(3) Pre- and post-construction cover types shall be identified on the sub area plan.

(4) Post-construction site design shall be indicated on the post-construction sub area plan.

(5) The plan shall indicate conceptual proposed buildings, drives, grading, clearing limits, etc, for the maximum build out of the lots.

(6) Test pit logs and test pit locations shall be provided.

(7) Test pits shall be required at the location of stormwater management systems to determine seasonal high groundwater and soil type.

(8) NRCS soil types shall be identified on the sub area plan.

(9) Soil type divides shall be modified if appropriate based on actual field test data.

(10) Pre- and post-development runoff flow paths and control points shall be indicated on the sub area plans.

(11) Drainage reports shall be provided as follows:

(a) Reports shall be bound and clearly present all assumptions used to develop the data together with final results.

(b) References used to develop the report and justify assumptions used shall be included in the report.

(c) Runoff hydrographs together with input data shall be provided for both pre and post construction.

(d) Routing hydrographs with all structure data, (i.e., stage, storage and discharge) shall be provided to justify the assumptions for structures.

(e) A summary table indicating pre- and post-development peak discharge rates and total volume of runoff at each control point and flood elevations as applicable shall be included in the report.

(f) TSS Form.

(g) Three copies of the proposed operations and maintenance plan for the proposed stormwater drainage system shall be provided by the applicant with the drainage report.

C. Minimum design criteria for stormwater basins. The minimum design and construction requirements for stormwater basins include but not limited to the following:

(1) Side slopes for stormwater basins shall be constructed with 3:1 side slopes per ASCE Design and Construction of Urban Stormwater Management.

(2) The top of the berm width shall be eight feet per ASCE Design and Construction of Urban Stormwater Management.

(3) Clogging protection - Trash grates per ASCE Design and Construction of Urban Stormwater Management shall be used and no outlet smaller than two inches shall be used.

(4) Maximum depth in a two-year storm event shall not exceed two feet.

(5) Maximum depth in a 100-year storm event shall not exceed four feet.

(6) Berms shall be built into natural landscape if possible and as much as possible.

(7) Excavation shall be prohibited if the water table is within two feet of existing grade except for the construction of wetlands and stormwater management.

(8) An interim as-built of drainage system, including basins, shall be completed prior to the sub-base for the roadway being laid.

D. Minimum design criteria for drainage pipes. The minimum design and construction requirements for drainage pipes shall be as follows:

(1) Cover. Shall be a minimum of 2.5 feet and have a maximum depth of eight feet.

(2) Slope. Shall have a minimum slope of 0.5% and not exceed a maximum of 15 feet per second velocity.

(3) Design calculations. No surcharge in system shall be allowed.

(4) Downstream system determination shall be made and reviewed and approved by the Planning Board's Engineer. If the downstream system is inadequate to handle the proposed runoff or the existing runoff, the system shall be upgraded.

(5) Minimum actual velocity in all lines shall be two feet per second.

(6) Maximum actual velocity in pipes shall not exceed 12 feet per second.

(7) Pipe Characteristics (type and class) must be approved by the DPW.

E. Drainage easements. Easements for all surface and subsurface drainage structures shall be provided, as necessary and in a form that is acceptable to the Planning Board in consultation with Town Counsel, and shall be recorded prior to or simultaneously with the endorsed definitive plan to ensure that individual lot owners shall properly maintain or allow proper maintenance, repair and replacement of said structures and shall run to a homeowners association.

F. Homeowners association required to maintain all swales, retention ponds or landscaping within the right-of-way or cul de sac. If any of the above are approved in the subdivision, then a homeowners association shall be created in a form satisfactory to Town Counsel and satisfy the following minimum requirements.

(1) Mandatory beneficiaries. All owners of land within the subdivision shall be required by deed to be beneficiaries of the homeowners association as a condition of subdivision approval.

(2) Ownership of drainage improvements. The homeowners association shall be the owner of the drainage structures and shall hold all of the necessary easements and fees to all of the drainage structures, including detention basins or ponds, catch basins, pipes, swales, berms, riprap, check dams, drainage catchment areas and other drainage structures and equipment and to all areas that must be used to access the drainage systems and equipment to effect maintenance, repairs and replacement.

(3) Management of drainage. The homeowners association shall be responsible for repairing, maintaining and replacing the drainage systems within a subdivision. The homeowners association will be responsible for the maintenance of the swales and retention ponds. As a condition of approval, the homeowners association, in the opinion of the Planning Board, shall be sufficiently funded initially and then require monthly or yearly funding by the beneficiaries (all owners of land within the subdivision) to allow for sufficient funding of initial and projected repair, maintenance and replacement costs.

(4) Status reports. The homeowners association shall be responsible for writing to the beneficiaries twice per year to provide a report on the status of funding, including: (1) the yearly cost of maintenance and repairs for that calendar year; (2) the yearly cost of maintenance and repairs projected for the following 10 calendar years; and (3) the projected date for replacement of equipment and the projected cost of same. In addition, at the same time, the homeowners association shall write to the beneficiaries and remind the beneficiaries of any obligations that the owners may have to maintain drainage swales or berms or other structures located on their individual lots, whether by periodic mowing or clean outs and by not planting trees and other landscaping in drainage swales. Beneficiaries shall also be instructed as to best management practices that require the subdivision streets to be maintained in a clear, swept condition to avoid damage to drainage structures.

(5) Installation. Installation of approved drainage shall be under the supervision of the Planning Board Engineer and the Department of Public Works.

(6) Gas and sand traps. Approved gas sumps and sand traps shall be required by the Planning Board to prevent pollution of ponds, lakes, rivers, and/or streams.

(7) Excavation. No excavation or removal of gravel, topsoil, or other matter shall take place within a subdivision except:

(a) Within the right-of-way for normal roadway construction.

(b) For the digging of a cellar hole, water well, or trench for normal utility installation.

(c) Normal grading and filling around the houses to beautify the lot or to satisfy Board of Health requirements.

G. Gravel removal permit. No gravel or other earth materials shall be removed from any site without an earth removal permit under Article XVII of the Zoning Bylaw.

§ 465-60 Water provision.

An adequate supply of water, via water mains and related equipment such as hydrants, shut-off valves and other fittings, shall be installed in all streets within the subdivision as necessary to provide adequate water supply for domestic use and fire protection.

A. Connection to public water system. Proper connections shall be made with the existing public water system whenever available. Where a public water system is not accessible, the applicant shall install water mains or provide easements to allow for future connections, at the Planning Board's direction.

B. Design and installation. The design and installation of the water system shall be in accordance with the Rules and Regulations of the Department of Public Works, In no case shall a water main be within five feet (5'-0") horizontal and two inches vertical of a catch basin or a sanitary sewer. Where water mains and sewers cross, they shall be encased in concrete a minimum of six feet on each side of the crossing center line. Applicant shall provide testing results to assure adequate fire flow water in the event of an emergency and adequate potable water to any proposed project.

C. Fire Chief approval. The hydrant locations shall be approved by the Salisbury Fire Chief prior to approval of the definitive plan.

D. Dead-end water mains. Dead-end water mains shall be avoided and all water mains shall be looped to eliminate standing water, except upon the express written recommendation of the Department of Public Works. Easements for future extension or looping of the water system shall be provided to the Town, except upon the express written recommendation of the Department of Public Works, as well as all flushing and air release valves may be required by the Department of Public Works.

E. Supervision of installation. Installation of water mains and connections to existing systems shall be done only under the supervision of the Department of Public Works or designee and the Planning Board's Engineer at the applicant's expense.

§ 465-61 Sewer provision.

In the event that Town sewer is located within an existing public way within 400' measured along the existing public way or proposed roadway of the subdivision, the subdivider shall be responsible for connecting all lots to the sewerage system. Connection to the system shall require approval from the Sewer Commission, the Department of Public Works and any other required approvals.

A. Connection to public sewer system. Proper connections shall be made with the existing public sewer system whenever available. Where a sewer system is not accessible, the applicant shall install dry sewer mains and provide easements to the Town to allow for future connections. Dry capped system shall be approved by the Department of Public Works.

B. Design and installation. The design and installation of the sewer system shall be in accordance with the Rules and Regulations of the Department of Public Works. Applicant shall provide testing results to assure adequate sanitary sewer flow if available.

C. Supervision of installation. Installation of all sewer lines, pump stations and connection to existing system shall be done under the supervision of the Department of Public Works or designee and the Planning Board's Engineer at the applicant's expense.

§ 465-62 Other utilities.

All other utilities shall conform to the following requirements.

A. Utilities shall be underground. Utility poles, above ground wires and guy wires shall not be permitted in subdivisions. All utilities including, but not limited to, water lines, sewer lines, drainage, fire alarm, electricity, gas, computer cables, telephone and cable television shall be installed underground, including service to the individual dwellings. Placement of utilities in streets and roadways shall be installed as shown on the typical street cross-sections set forth in Table 1.[1] The location of all equipment shall be approved by the Planning Board and shown on the definitive plan.

[1] Editor's Note: Said table is included as an attachment to this chapter.

B. Primary and secondary electric lines. Primary and secondary lines shall run on the same side of the road. All road crossings shall be in conduit and shall be perpendicular to the road center line at that point. Location of telephone cables and primary and secondary power lines shall be approved by the Town's Department of Public Works and a copy of the definitive plan so endorsed and provided to the Planning Board.

C. Warning strips. All electrical cable shall be protected with a safety located strip and warning tape.

D. Gas pressure reducers and meters. If a dwelling is served by gas, then pressure reducers and meters shall be installed outside the dwelling. A dresser type connection shall be placed in the gas line outside of the dwelling, but within six feet of it.

E. Standards. Minimum standards for installation of utilities shall be those prescribed by nationally recognized authorities such as the National Electric Corp. (N.E.C.), American Water Works Association (A.W.W.A.), and American Gas Association (A.G.A.). Requirements of local inspectors shall prevail.

F. Installation and inspection. Installation and inspection of all underground utilities shall be performed while trenches are open and written approval obtained before construction of the roadway base course begins.

§ 465-63 Easements for utilities.

The necessary easements to support utilities that are to be installed in a subdivision shall be provided as follows.

A. Location. It is recommended that easements shall be permitted to straddle lot lines. Easement language shall be reviewed by the Planning Department prior to occupancy permit.

B. Width. Easements shall be a minimum of 20 feet in width.

C. Recording. Easements shall be recorded before deeds for individual lots are conveyed and shall run initially to the homeowners association and then be conveyed to lot owners.

D. Water courses and drainage ways. Where a subdivision is traversed by a water course, drainage way, channel or stream, the applicant shall provide to the homeowners association a stormwater easement or drainage right-of-way of adequate width to conform substantially to the lines of such watercourse, drainageway, channel or stream and to provide for construction or other necessary activities. The necessary fee and easement interests in drainage structures shall be conveyed to and held by the homeowners association. Large drainage structures such as detention or retention basins or ponds shall be segregated on separate parcels that are owned by the homeowners association.

E. Easements for maintenance. Adequate easements for the maintenance of slopes, bodies of water or land-locked areas shall be provided to allow for mowing, tree maintenance and other landscaping needs and mosquito and pest control.

§ 465-64 Street light design.

Street lights shall be provided by the applicant at street intersections, dead ends or turnarounds and at all vertical and/or horizontal curves as may be required by the Planning Board.

A. Street light standard. Street lights shall be standard National Grid issued. All lighting shall be controlled so as to be directed down and prevent light pollution. Street lights shall be turned on prior to issuance of occupancy permit for first building. The applicant is responsible for the cost and installation of the street lights. The Town will assume the monthly electrical cost, provided the Town has accepted the road at Town Meeting.

§ 465-65 Sidewalks and plantings.

Sidewalks and plantings shall be required in all subdivisions on both sides of every subdivision way as follows.

A. Sidewalks. Sidewalks shall be a minimum of five feet wide and located along the sideline of the roadway layout in such a manner as to blend in with the natural land features and terrain. The areas between the sidewalk and the road surface shall be finished as directed by the Planning Board so as to maintain a natural appearance.

B. Pedestrian ways/walkways. Pedestrian ways or walkways shall be provided to allow convenient circulation or access within the subdivision to area schools, playgrounds, shopping, churches, transportation, parks, conservation areas and/or other facilities. An easement of proper width and length shall be provided to the homeowners association.

C. Construction requirements. Construction shall consist of eight inches of gravel that is consistent with the roadway cross-section and, after having been brought to sub-grade by the necessary excavation and filling, shall receive two inches, compacted depth, of approved bituminous concrete. The areas between the sidewalk and the roadway, if to be loamed, shall have at least six inches of screened loam. The loam shall be spread to grade, seeded and rolled. Once gravel is laid for a sidewalk it shall remain undisturbed. (i.e., utility crossings should be installed prior to laying of sub-base.) Sidewalk construction shall be inspected by the Planning Board's Engineer at each stage of construction.

D. Sidewalks, along existing highways. Sidewalk construction shall be required along existing highways when adjacent land is subdivided. Guardrails may be required.

E. Trees and plantings. Existing trees and shrubs, and the limbs of existing trees and shrubs, standing within the limits of any proposed way or public way, which, because of their location, species and/or condition are suitable for preservation, shall be shown on the definitive plan and shall be preserved by the applicant, provided that to do so shall not interfere with installation and future maintenance of underground utilities. Furthermore, all sight line requirements shall prevail over preservation of existing trees and vegetation. The definitive plan shall adhere to the following requirements.

(1) Trees shall be planted by the applicant along subdivision streets at intervals of 50 feet, subject to the location of proposed driveways, street intersections or other features of the subdivision and shall be planted so that they will not interfere as they grow with proposed utility services and sidewalk construction.

(2) New trees shall be nursery grown and comply with the Association of American Nurseries specifications and be at least three inches in caliper.

(3) The preservation of existing trees and the varieties of new trees for planting shall be subject to the approval of the Planning Board which shall be guided by the recommendations of the Town's Director of Lands and Natural Resources as to the number, location, condition and species of such trees and under Appendix III, Detail B.

(4) No tree shall be allowed within four feet of the edge of pavement for a way, nor shall a tree be allowed within five feet from the edge of an underground utility that exists or is to be installed.

(5) The applicant shall show on the definitive plan the size placement and type of trees to be preserved and planted as set forth in this section of the Regulations and under Appendix III, Detail B.

F. Grass plots and slopes. Embankments outside the shoulders shall be evenly graded and pitched at a rate not steeper than 3:1. The Planning Board may require such banks and all other disturbed areas adjacent to the traveled way to be loamed and seeded with grass. It is recommended that consideration be given to the surrounding growth and terrain. Roadsides should be made to blend with the woods or natural surroundings that exist and plantings in such areas should be chosen accordingly.

G. Parks and open spaces. Before approval of a definitive plan, the Planning Board may also, in proper cases, under G.L. c. 41, § 81U, Paragraph 14, require that the plan show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and the prospective uses of such land, the Planning Board may, by appropriate endorsement on the plan, require that no buildings be erected upon such park or parks without its approval for a period of not more than three years. Such action is to be taken in accordance with that portion of § 81Q of G.L. c. 41, which states that: "No rule or regulation shall require, and no planning board shall impose, as a condition for approval of a plan of a subdivision, that any land within said subdivision be dedicated to the public use, or conveyed or released to the commonwealth or the county, city or town in which the subdivision is located, for use as a public way, public park or playground, or for any other purpose, without just compensation to the owner thereof."

H. Use of conservation grants and easements. The Planning Board encourages applicant s to investigate and make use of conservation grants and easements, particularly in wet areas. Information can be obtained from the Conservation Commission.

§ 465-66 Construction requirements.

An applicant shall conform to the following construction requirements following subdivision approval and endorsement of the definitive plan.

A. Pre-construction requirements. An applicant shall provide the following information and then arrange a pre-construction meeting with the Planning Board's Engineer, Planning Department staff, Department of Public Works and Conservation Commission agent.

B. Pre-construction submittals. At least seven days' prior to the proposed construction start date and before the pre-construction meeting takes place, an applicant shall provide the Planning Board and the Planning Board's Engineer with the following information:

(1) An affidavit certifying that the applicant is the owner of record of all of the property shown on the endorsed definitive plan or documentation signed by the owner(s) of record that the applicant has authorization to act on all matters pertaining to the construction of the development.

(2) An affidavit certifying that the applicant has reviewed all of the conditions of subdivision approval and has taken all of the required steps to satisfy the conditions, including bonding requirements.

(3) An affidavit certifying that all required federal, state and local permits have been obtained and providing a list, with the dates of issuance of each permit and the permit identification number.

(4) The applicant shall provide to the Planning Board the name, address, telephone number and e-mail address of the project manager or other responsible party on-site who will be responsible for construction activities. This must be provided at least 48 hours prior to any land disturbing activity on site.

(5) A letter identifying the persons or entities responsible for completion of any portion of the project including the name, address, telephone number and e-mail address of each such person or entity.

(6) A letter that identifies (name, business address, telephone and facsimile numbers and e-mail) for the following:

(a) The official representative of the applicant and owners.

(b) The engineering firm to be used during construction.

(c) The general contractor.

(d) The soils testing firm to be used during construction.

(7) Shop drawings and/or catalog cuts of all structures/materials to be used to construct the approved definitive subdivision. All catalog cuts shall be highlighted as to product submitted for approval.

(8) The location of the disposal site for all solid waste and surplus material must be supplied and approved.

(9) Any changes to previously submitted information contained above must receive approval of the Planning Board.

(10) The total amount of land disturbance shall be quantified for the entire project, including, but not limited to, any disturbance that will be caused by roadway work, lot clearing, foundations for any structure, septic work, pools, tennis courts, landscaping. The amount of bare earth that will be exposed at any one time during development of the project (roads, lots and any other clearing) and the length of time it will be exposed shall also be quantified.

(11) The methods that will be employed to protect areas with exposed earth during development and to prevent erosion and control sedimentation during and after the construction. This shall include a detailed description of the procedures that will be employed to maintain the site in good condition during and after construction, including all operations and maintenance procedures and plans, vegetation controls and erosion and sediment control measures (e.g., siltation fences and hay baling and filter bags for catch basins and a specific program for cleaning and repairing catch basins).

(12) All areas to be protected from encroachment from construction shall be marked on the ground as shown on the approved subdivision plan and these barriers shall be maintained by the developer throughout the construction phase of the project.

(13) The construction management plan must account for the timing and sequence of installing all conservation measures in order to provide for maximum control of erosion and sedimentation in the event of a two-year through a 100-year storm event during construction.

(14) A copy of the NPDES plan and permit, if applicable, for construction sites with one acre or more of total disturbed area, inclusive of lot development, shall be provided by the applicant to the Planning Board prior to the start of construction and shall be on site at all times during construction.

(15) For roads that will become Public Roadways: Adequate plan for snowplowing, de-icing and road maintenance shall be provided in writing by the applicant during construction and by the applicant once construction is completed and shall be in place unless and until the roadway is accepted by the Town. If this plan is not followed the Town may require bonding to ensure compliance.

C. Pre-construction meeting. At least one week prior to the beginning of construction, the applicant shall arrange and participate in a pre-construction meeting with the aforementioned parties to review all construction requirements.

§ 465-67 Construction requirements.

The applicant shall conform to the following construction requirements.

A. Staking. During construction, proper staking shall be maintained at all times by the applicant including:

(1) Establishment of base lines on center line of construction for all roadways. Reproduction of base lines and center lines, or lines offset to them when roadway cuts and fills have been completed.

(2) General benchmark control for the subdivision.

(3) Original grade stakes at fifty-foot intervals.

(4) Bound points and side line stakes.

(5) All necessary stakes for pipes and headwalls, and for the establishment of all catch basins and manhole locations as to line and grade.

B. Clearing. The entire roadway area shall be cleared and grubbed of all obstructions and growth of any kind. Unsuitable material shall be removed to the required depth and the area shall be evenly graded for a distance of not greater than 17 feet either side of the center line. A greater width may be required at corners and on the inside of curves for visibility. Clearance of trees beyond a total width of 34 feet or more than one foot beyond the slope at cuts or fills is not permitted, except for the construction of sidewalks or utilities.

C. Non-frost susceptible soil. All fill and undisturbed soil shall be non-frost susceptible, to a minimum depth of five feet below the finished pavement grade. Non-frost susceptible soil shall mean soil that shall not contain more than 3% material that passes through the #200 sieve and, in addition, shall not include any material that is larger than three inches in size. No frozen fill will be allowed to be used under any conditions.

D. Sub-grade preparation. The subbase preparation needs to be 14" to 17". Ledge and large boulders shall be removed to a depth of at least 24 inches below finish grade. Clay, mulch, or other unstable material shall be removed to a greater depth as required and/or directed. Backfill of approved, stable materials shall be used to bring the sub-grade to a uniform grade 17 inches below finish grade. The sub-grade shall be prepared to required lines and grades, and all fill shall be constructed in six inch compacted lifts. The sub-grade shall be compacted to a minimum of 92% and 95% of maximum dry unit weight and at or near optimum moisture content as determined by ASTMD-1557-66T, Method D. Preparation of the sub-grade shall be approved by the Planning Board's Engineer before any subsequent construction is permitted.

E. Base course. After approval of the sub-grade, a minimum of 12 inches of approved compacted gravel in two courses shall be placed over the sub-grade for the full cleared width and brought to a true even grade. The gravel base course shall be constructed in six-inch lifts and shall be compacted to a minimum of 95% of maximum dry unit weight and at or near optimum moisture content as determined by ASTMD-1557-66T, Method D. Total depth of gravel at all points after complete compaction shall be not less than 12 inches. The base course shall consist of nine inches of bank run gravel and the top course shall consist of three inches of processed gravel. The gravel base shall be carried 12 inches past the pavement on each side of the roadway.

F. Bituminous pavement. The approved primed base course shall be paved with a minimum of 2 1/2 inches of Massachusetts Department of Public Works binder course and 1 1/2 inches of top course to lines and grades as required. The pavement shall be compacted to a minimum of 95% of laboratory density, and surface irregularities greater than 1/4 inch as measured with a ten-foot straightedge shall be corrected as determined by the Planning Board's technical consultant.

G. Truck tickets. Printed truck tickets showing the weight and mix of the bituminous paving material at the batch plant plus the date and time shall be turned over to the Planning Board's Engineer at the time of each delivery. Core samples will be required at locations to be determined by the Department of Public Works.

H. Months and conditions during which bituminous material shall not be laid. No bituminous material shall be laid between November 15 and April 15 of any calendar year except in an emergency determined by the Department of Public Works. No such material shall be laid when the ambient temperature drops below 40° F. or when it is raining. A waiver or subsequent modification of the definitive plan shall be required to pave outside of these dates. The Planning Board's Engineer is not authorized to provide a waiver. In the event that such paving occurs, an applicant shall be required to remove and replace the pavement.

I. Dust and debris control. The applicant shall promptly remove gravel, sand, dirt and/or any debris generated by the subdivision project from all Town ways. The applicant shall provide and obtain approval from the Planning Board for dust control measures and then conform to those measures during all phases of subdivision construction.

J. Driveway entrances. A driveway entrance proposed within the way lines shall be installed at the time of the road construction and in accordance with the requirements of the road construction. To prevent surface water from roadways from draining onto individual lots, driveway entrances shall be constructed such that they slope toward the roadway for a minimum distance of four feet at a slope of not less than one inch per foot. Adequate means shall be taken to prevent water from draining onto the roadway in such quantities as to erode the roadway or to form ice buildup in the winter months. Adequate means shall also be taken to prevent any driveway from blocking natural drainage via a culvert or pipe. Driveways, including existing driveways both within and outside of the subdivision, shall not be within 75 feet of the intersection of the center lines of intersecting streets.

K. Street signs. Street signs shall be erected as required before construction of the roadway begins. The cost of the sign and its installation shall be borne by the applicant and shall conform to the street sign standard used by the Town of Salisbury and shall be installed under the direction of the Director of Public Works. The Planning Board shall approve the name of any new subdivision street.

L. Not an accepted street. Streets within a subdivision that have not yet been accepted by the Town as public ways shall have conspicuously posted, by and at the expense of the applicant, signs at intersections, suitable to the Director of Public Works, stating "Private Way." The latter sign shall be a separate sign that is attached before the signage that sets forth the name of the way, suitable for easy removal when and if the way is accepted by the Town as a public way.

M. Advertisement signs. Signs may be posted within a subdivision advertising lots or houses for sale only in accordance with the following:

(1) Signs shall be no larger than six square feet and not longer than three feet in either direction or higher than six feet at the highest point above the average surrounding grade.

(2) Signs shall not fluoresce or glow or be lighted in any manner.

(3) A sketch of any proposed sign or signs shall be filed with the Planning Board prior to erection for approval.

(4) No sign may be erected or displayed until written approval for each such sign is obtained from the Planning Board. No such permit is valid for longer than two years. A permit may be renewed by the Planning Board.

N. Monuments. Granite-bounds with metal pins in center shall be placed on both sides of the street at all angle points, at the beginning and end of all curves, and at all intersections of streets. Bounds shall be not less than three feet in length and not less than five inches in width and breadth. Way bounds shall be capped with magnetized drill holes. No permanent monuments or bounds shall be installed until all construction, which could destroy or disturb the monuments or bounds, is completed. The top of the bounds shall be set using concrete to finished grade, appropriately secured, and shall be set by a professional civil engineer or land surveyor who shall certify in writing that they conform to the endorsed definitive plan.

O. Prevention of water pollution.

(1) During the performance of work within the subdivision, the applicant shall take sufficient precautions during construction to avoid contaminating water in adjacent streams or bodies of water. All earthwork, grading, moving of equipment, water control in foundation areas, and other operations likely to create silting, shall be conducted to avoid or minimize pollution in adjacent streams and bodies of water. Water used for any purpose whatsoever by the applicant, which has become contaminated with oil, bitumen, salt or other contaminants, shall be so discharged so as to avoid affecting nearby waters. Under no circumstances shall the applicant discharge contaminants directly into any adjacent stream or bodies of water.

(2) When the applicant uses water from natural sources for any construction related operations, intake methods shall be such as to avoid contaminating the source of supply and maintain adequate downstream flow when the source is a stream. Violations will result in termination of work until the impacted area is restored.

P. Barricades and warning signs. The applicant shall furnish, erect and maintain adequate warning and guide signs, traffic signs, safety lighting, barricades and barrier fences for the safe flow of traffic and protection of all life and limb.

Q. Protection and restoration of property. The applicant shall preserve and protect from injury all property either public or private adjacent to the subdivision, and shall be responsible for, and repair, any and all damage and injury thereto, arising out of or in consequence of any act of omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the applicant in the performance of the work prior to completion and acceptance thereof.

R. Clean-up. Upon completion of all work on the grounds, the applicant shall remove from the subdivision streets and lots, all temporary structures, surplus material and rubbish, and shall leave the work and the site in a neat and orderly condition. All disturbed areas shall be properly graded, top soiled to a minimum depth of six inches, limed, fertilized and seeded to satisfactory established growth including a minimum of three necessary mowings.

§ 465-68 Mandatory conditions of subdivision approval.

No subdivision shall be approved without the following mandatory conditions.

A. Conditions of Approval shall be noted on the plan prior to endorsement. Prior to endorsement of the definitive plan, the definitive plan shall be revised to reflect all conditions of approval and a note shall be included on the plan with the text of all conditions of approval, and the Planning Board's Engineer shall confirm that the revisions are complete and accurate and in accordance with this decision.

B. Failure to obtain endorsement. The applicant shall obtain the endorsement of the Planning Board upon the approved definitive plan within 120 days of the date of approval. Failure to obtain such endorsement shall result in the automatic rescission of the approval of such plan. Endorsement shall not be provided until proper surety has been provided as required under G.L. c. 41, § 81U and until the approved plan has been properly revised to set forth on required revisions and notes as to each condition of approval.

C. Failure to complete construction. The applicant shall begin and complete the construction of all ways and municipal services within three years of the date of endorsement of the definitive plan. Failure to so complete shall result in the automatic rescission of the approval of such plan, unless the Planning Board extends said period, for good cause shown, upon the written request of the applicant prior to the expiration of said period and after holding a public hearing with notice to modify the subdivision approval to extend the time period.

D. Construct streets and all required utilities. As a condition of approval of a subdivision, the applicant shall construct the streets and complete all other work specified on the approved definitive plan and required under the Regulations, satisfy all relevant provisions of the Zoning Bylaw and other bylaws, including installation of required utilities and all work incidental thereto, such as grading of lots to provide drainage, construction of retaining walls and other details, as outlined in § 7.0 of the Regulations or as specifically required by the Planning Board. The Planning Board may require that such construction be completed within a specified period of time.

E. Grant perpetual rights and easements. As a condition of approval of a subdivision, the applicant shall reserve a right and easement to construct, repair, replace, extended, operate, use and forever maintain all streets, water mains, sewer mains, and all surface and subsurface stormwater drains in, through or under the streets and easements as indicated on the definitive plan and to use the roadways shown on the plan as public ways so that these rights and easements may be conveyed to the Town of Salisbury in the event that the roadway(s) are offered and accepted as public ways by the Town. The applicant may convey this right and interest to a homeowners association. This provision shall not relieve the applicant from the responsibility to complete all construction as required by the applicant's agreements with the Town.

F. Right of entry of Town officials. As a condition of approval of a subdivision, and in accordance with G.L. c. 41, § 81B and § 81CC, the applicant shall allow the Planning Board and its officers and agents to enter upon any lands and make examinations and surveys and install, repair, and maintain monuments and marks as the Planning Board deems necessary to carry out it duties under the Subdivision Control Law.[1]

[1] Editor's Note: See MGL c. 41, §§ 81K through 81GG.

G. Certification of completion of subdivision in accordance with the approved and endorsed plan. As a condition of subdivision approval by the Planning Board, an applicant shall, prior to final surety release, provide a certification to the Planning Board from a Professional Civil Engineer that the subdivision has been completed in accordance with the approved and endorsed plan and the conditions of approval and certify that the layout, design and construction work in the subdivision are satisfactory and conform to the Town's specifications and the requirements of the Regulations. In addition, a separate and express certification shall be provided that the final grades have been constructed at the subdivision in accordance with the approved and endorsed plan. The certification shall be signed and stamped by such Professional Civil Engineer.

H. Interim as-built plans.

(1) Drainage basins. Interim as-built plans shall be prepared by the applicant and provided to the Planning Department, for any and all drainage basins approved for a project, and then approved by the Planning Board's Engineer before any building permits for new structures or buildings are issued for any lot in the subdivision. Interim as-built plans for a drainage basin, to be approved, shall confirm that the drainage basin is properly constructed, is located in the approved location and is properly sized, as required, so that the required storage capacity is available and no upland necessary for adjacent lots has been used. The location of a drainage basin shall be confirmed by at least two bounds and shall be tied to at least two bounds for the adjacent subdivision way and shall be tied to at least two Massachusetts State Plane Coordinate System Coordinates. The as-built plans shall be signed and stamped by a professional civil engineer.

(2) Roadways. Interim as-built Plans shall be prepared by the applicant and provided to the Planning Department, for the roadway system approved for a project, and then approved by the Planning Board's Engineer before any building permits for new structures or buildings are issued for any lot in the subdivision. The interim as-built plans, to be approved, shall confirm that the roadway is properly constructed, located in the approved location and that no upland necessary for adjacent lots has been used to construct the roadway. The location of the roadway shall be confirmed by at least two bounds that shall be tied to the nearest town way and shall be tied to at least two Massachusetts State Plane Coordinate System Coordinates. The as-built plans shall be signed and stamped by a Professional Civil Engineer.

I. Final as-built plans. Final as-built plans shall be provided by the applicant and at the applicant's expense prior to final release of subdivision surety to confirm that the subdivision has been completed in accordance with the requirements of the endorsed definitive plan and the Regulations. The final as-built plans shall be prepared by a professional civil engineer, and include but not be limited to the following:

(1) A plan showing street line with the bearings and distances on mylar or another suitable permanent reproducible material at a scale of one inch = 40 feet.

(2) A plan to show pavement locations, house locations, lot lines, driveway locations, all utilities above ground such as water gates, gas gates, utility poles, manholes with rim elevations and inverts, catch basin rims and inverts, top of head wall with pipe size and invert; all utility easements; ties from house foundations to water services; final site grading including all drainage structures and lot grading to demonstrate conformance to the approved drainage design, with a certification as to final grading that is signed and stamped by a professional civil engineer licensed in Massachusetts.

(3) Names of abutters.

(4) A plan section showing profile of center line elevations every 50 feet.

(5) Deed descriptions.

(6) A plan showing concrete bounds on all points of curvature and points of tangency.

(7) Ten sets of as-built prints.

(8) Provide the final as-builts with Massachusetts State Plane Coordinate System datum shown in a digital format acceptable to the Planning Board.

J. Homeowners association/maintenance of private streets and utilities. As a condition of approval of a subdivision, prior to endorsement of the definitive plan the applicant shall create and properly fund a homeowners association and all purchasers of land within the subdivision shall be required to be the beneficiaries of the homeowners association. The homeowners association shall accept and hold in trust roadways and other common areas and easements, as may be required by conditions of approval of a subdivision and the homeowners association shall be responsible for the maintenance, repairs and plowing of the subdivision roadway(s) unless and until the Town accepts the roadway(s) as a public way(s). The homeowners association shall permanently maintain the landscaping in the cul de sacs and along the roadway and keep the sidewalks. The homeowners association documents shall be reviewed and approved by the Planning Board, in consultation with Town Counsel, and the homeowners association shall have an initial fund that is deemed satisfactory to the Planning Board, in consultation with the Planning Board's Engineer. The homeowners association shall send correspondence to all its beneficiaries twice a year, once during March and once during September, to advise each beneficiary of the homeowners association's duties and responsibilities to: (1) to maintain, repair and plow the roadways; and (2) maintain landscaping in the cul de sacs and roadways. At the same time, the homeowners association shall provide a written reminder to each beneficiary to maintain any portion of the systems on each beneficiary's property, including the mowing and clearing of drainage swales and berms.

K. Pre-construction preparations. Prior to the pre-construction meeting, the applicant shall provide the Planning Board with a copy of the definitive plan on disc in digital format acceptable to the Planning Board.

L. Modification of roadway layout. Any modification of the roadway layout approved hereunder shall be subject to the requirements of G.L. c. 41, § 81W.

M. Recording of certificate of vote. The certificate of vote shall be recorded with and referenced to the definitive plan immediately following endorsement and the applicant shall provide evidence of the recording or filing of the definitive plan to the Planning Board not later than 120 days following endorsement.

§ 465-69 Subdivision surety.

A. Surety shall be provided prior to endorsement. Prior to endorsement of the definitive plan, the applicant shall provide subdivision surety in accordance with G.L. c. 41, § 81U, Paragraph 7 (and Appendix D need).

B. Required form of surety. All surety shall conform to the requirements of G.L. c. 41, § 81U, Paragraph 7 and Appendix D. Letters of credit are not acceptable. The form of the surety shall be acceptable to the Planning Board in consultation with Town Counsel and the Planning Department.

(1) A covenant form of surety shall be executed by the applicant, all owners of record and any and all mortgagees. Such covenant shall state that the improvements shown on the definitive plan shall be completed not later than three years from the date of the endorsement of the definitive plan. Failure to so complete the improvements shall result in the automatic rescission of the approval of the definitive plan by the Planning Board, unless the Planning Board extends said period, for good cause shown, after the written request of the applicant prior to the expiration of said period. The covenant shall be referenced on the definitive plan prior to recordation in the Registry of Deeds or filing with the Land Court. The applicant, after recording, shall promptly send a copy of the covenant, showing the Registry book and page number or Land Court document number, to the Planning Board.

(2) All surety instruments, other than covenants not to build, shall be accompanied by a separate surety agreement that has been executed by the applicant, all owners of record and all mortgagees and that shall detail the rights and obligations of the various parties and assign the proceeds of the surety to the Town of Salisbury, by and through the Planning Board, in the event of a default and provide an easement to the Town to allow the work shown on the endorsed definitive plan to be performed, creating the right to perform such work, but not an obligation. The amount of the surety instrument shall be approved by the Planning Board, the form of the surety instrument shall be approved as to form by the Planning Department and Town Counsel and be acceptable to the Town Treasurer. The surety instrument shall provide that the required improvements shown on the endorsed definitive plan shall be completed not later than three years from the date of the endorsement of the definitive plan. Failure to so complete shall result in the automatic rescission of the approval of the definitive plan by the Planning Board, unless the Planning Board extends said period, for good cause shown, after the written request of the applicant prior to the expiration of said period after holding a public hearing with notice.

§ 465-70 Amount of surety.

A. In determining the amount of the surety, the Planning Board shall be guided by the following formula in setting the sum of the surety:

(1) The Planning Board's estimate of the cost to the Town to complete the work, and provide as built plans;

(2) A 50% contingency amount for work that is not performed in accordance with the Subdivision Control Law, the Regulations and the conditions of definitive subdivision approval, to provide for sufficient funds to guarantee the cost to remove deficient work and replace it; and

(3) An appropriate amount reflecting the rate of inflation expected over the ensuing five-year period.

B. The Planning Board reserves the right to increase the required amount of surety if work is released and then later proves defective and to demand different surety in the event of a failure of any surety instrument (e.g., bankruptcy of a surety company or bank).

§ 465-71 Performance bonds.

All performance bonds shall contain the following provision:

The Principal shall fully and satisfactorily observe and perform in accordance with the qualifications and time schedule set forth herein specified all the covenants, agreements, terms and provisions set forth in the following:
I.	The application for definitive plan approval (Form C[1]);
II.	The subdivision control law and the rules and regulations of the Salisbury Planning Board that govern this subdivision (dated: (insert date:));
III.	The Decision of the Planning Board dated _____ and attached hereto as Exhibit A; and
IV.	The definitive plan, as approved and endorsed by the Planning Board in the Decision; then this obligation shall be void; otherwise, it shall remain in full force and effect and the aforesaid sum shall be payable to the Town of Salisbury, by and through the Planning Board, as liquidated damages in the event of a default.

[1] Editor's Note: Forms are available at the office of the Planning Board.

§ 465-72 Supplemental covenants.

The Planning Board may require, prior to the endorsement of the definitive plan, a supplemental covenant containing those conditions of approval that are intended to survive the release of the surety covenant. Such covenant shall be approved as to form by the Planning Board and, as necessary, Town Counsel. Such covenant shall be executed by all of the owners of record and any mortgagees, and duly recorded and filed, and shall run with the land. The covenant shall be referenced on the definitive plan prior to recording in the Registry of Deeds or filing with the Land Court. The applicant shall, after recording, promptly send a copy of the covenant, showing the Registry book and page number or Land Court document number, to the Planning Board.

§ 465-73 Substituting surety.

An applicant may substitute a new form of surety. If an applicant desires that lots be released from a surety covenant prior to completion of the required improvements for the lots, then the applicant shall provide alternate surety as set forth under G.L. c. 41, § 81U, Paragraph 7 and shall send the Planning Board a formal written request regarding same by certified or registered mail which sets forth and includes:

A. Determination of extent of work. The extent and scope of remaining work to be completed to satisfy the requirements for the construction or installation of all required ways and Municipal Services.

B. Estimate of cost of remaining work. An estimate approved by the Planning Board, pursuant to the Regulations, which reflects all remaining costs related to the construction of all required ways and installation of all required Municipal Services.

C. Form and type. The form and type of guarantee proposed to be given to the Planning Board to secure all remaining improvements.

D. Planning board action. The Planning Board or its agent will make a determination as to the sufficiency of the proposed surety, and, if acceptable, a new performance guarantee shall be given to and accepted by the Planning Board. Upon acceptance by the Planning Board of the new performance guarantee, all applicable lots shall be released from the covenant.

§ 465-74 Maintenance bonds.

The Planning Board may require a maintenance bond for the following purposes:

A. Roadways and improvements. A maintenance bond shall be required when construction is completed or at the time of release of any performance guarantee to ensure the maintenance of the roadways, required plantings, utilities, and other improvements for a period of up to 20 years.

B. Drainage systems. A maintenance bond shall be required for a period of not less than 20 years to ensure the maintenance of any aspect of an approved drainage system, including catch basins and detention ponds. This requirement may be waived upon presentation of satisfactory evidence that a homeowners association has been created that mandates payments by all the beneficiaries of the homeowners association and that the homeowners association is properly funded. The purpose of this requirement shall be to prevent flooding of property and Town-maintained streets.

§ 465-75 Reduction of security.

The penal sum of any such security, or the amount of any deposit held under Regulation § 8.1 may, from time to time, be reduced by the Planning Board and the obligations of the parties thereto released by the Planning 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 in addition to all of the requirements for a covenant previously set forth.

§ 465-76 Release of security.

A. Submittal. Before the Planning Board will release subdivision surety, the applicant shall submit written evidence that the required performance has been satisfactorily completed and shall send a copy of this evidence to the Board of Health, Conservation Commission, Fire Department, Planning Board, Police Department and Department of Public Works and include the following:

(1) Certification by a professional civil engineer that the subdivision has been completed in accordance with the requirements of the approved definitive plan and the Regulations.

(2) Certification by a professional civil engineer that the final grading of the subdivision has been completed in accordance with the requirements of the approved definitive plan.

(3) Certification by a professional civil engineer or a land surveyor that all permanent monuments have been set in the locations shown on the approved definitive plan.

(4) A letter from the Director of Public Works stating that he has inspected the roadways and water supply and other required improvements and they conform to the requirements of the approved definitive plan.

(5) A letter from each of the Town's Fire and Police Departments stating that they have inspected the roadways and lots and that they have determined that the signage conforms to 911 requirements.

(6) Certification by the applicant that all required easements have been recorded and the recorded instrument has been delivered to and accepted by the homeowners association and/or the Planning Board or other Town board, as appropriate.

B. Release or partial release of surety. If the Planning Board determines that said construction and installation has been completed or partially completed in the proper manner as required under the Subdivision Control Law,[1] the Regulations and conditions of approval, it shall release or partially release said security or bond or deposit and shall return same to the person who furnished the same, or release or partially release the subdivision covenant by appropriate instrument that shall be duly acknowledged and which may be recorded or filed.

[1] Editor's Note: See MGL c. 41, §§ 81K through 81GG.

C. Denial of release. If the Planning Board determines that the construction or installation has not been completed to its satisfaction and it receives written statement under G.L. c. 41, § 81U, Paragraph 10 from the applicant, it shall, within 45 days of the receipt of said statement, specify to the applicant, in writing, the details wherein said construction and installation fail to comply with the Regulations and shall file a copy of same with the Town Clerk and deny the request for release.

§ 465-77 Administration and supervision of construction.

A. Notice of start of construction. Notice shall be given by the applicant in writing to the Board, with duplicate copies to the Town's Department of Public Works, Fire Chief, Building Inspector, and Board of Health at least 10 days before the applicant first commences construction, clearing, grading or any related activities.

B. Inspections. For the protection of the Town and future residents of the subdivision, a series of inspections during the course of construction shall be required to insure compliance with the approved definitive plan and the Regulations. All materials and each part of detail of the work as required under the Regulations shall be subject to inspection. The cost of such inspections shall be borne by the applicant . The Planning Board will establish, at the applicant's expense, an escrow account pursuant to G.L. c. 44, § 53G to fund the cost of such inspections.

C. Inspection requests. Obtaining inspections shall be the responsibility of the applicant . Inspections shall be requested by the applicant at least 48 hours full working days in advance to the Planning Board and its authorized representative. The applicant shall allow the Planning Board's Engineer and other duly authorized representatives access to all parts of the subdivision for purposes of inspection and shall be furnished with such information and assistance as is required to make a complete and detailed inspection. No trenches shall be filled prior to inspection.

D. Inspections required. The applicant shall contact the Planning Board and its duly authorized representative for inspections by the Planning Board's Engineer regarding the following aspects of the subdivision, at the specified times:

(1) Inspections shall be made of the project, as necessary, upon completion of all clearing, grubbing and excavation and all work incidental thereto, as may be required or implied herein. No fill shall have been placed at the time of this inspection.

(2) An inspection shall be made of the completed drainage system as required or implied herein or on the approved definitive plan including: drain pipe, culverts, catch basins and all related construction. Backfill of any portion of the drainage system shall not be made until after receipt of satisfaction of approval or acceptance by the Planning Board's Engineer and the Town's Director of Public Works.

(3) Inspections and testing shall be made of the completed water distribution system by the Town's Water Department or its representative. The timing and number of inspections shall be determined by the Town's Water Department.

(4) Inspections and testing shall be made of the sewer system including but not limited to pipe installations and testing prior to tying into town system. The timing and number of inspections shall be determined by the Department of Public Works.

(5) The inspection of the construction of the way shall include the inspection of the backfilling and compaction of all utility trenches including gas, electric and telephone, as may be installed by utility companies, and such work shall be performed in the manner required by the Regulations. It shall be the applicant's responsibility to ensure compliance with these requirements. If, in the opinion of the Planning Board, the backfilling and compaction of utility trenches have not been performed properly, including without limitation the use of frozen unsuitable material, the Planning Board may refuse to release the applicable subdivision surety until such work has been performed to the satisfaction of the Planning Board.

(6) Inspections shall be made of the compacted fill as specified herein and shall be required to bring the roadway to their proposed grades. The applicant shall certify the source of gravel for fill to the Planning Board's Engineer as soon as this information is known, so that samples may be taken and analyzed by the Planning Board's Engineer. The applicant shall not proceed with filling operations until such time as the fill is determined by the Planning Board's Engineer, in writing, as acceptable. If the applicant proceeds with filling prior to such determination, it shall be at the applicant's risk that the applicant shall be ordered to remove and replace the fill. The applicant shall not use a gravel source other than the one designated without prior notice to the Planning Board's Engineer.

(7) Inspections shall be made of the compacted roadway foundation as specified herein. A gravel sample or samples may be taken at the option of the Planning Board's Engineer.

(8) An inspection shall be made of the compacted roadway foundation as specified herein and gravel samples may be taken by the Planning Board's Engineer. An inspection shall be made of the bituminous concrete pavement for the roadway surface. Samples of the mix may be taken by the Planning Board's Engineer for purpose of performing an extraction test in order to compare samples with the job-mix formula provided on the trucker tickets.

(9) An inspection shall be made of all work regarding sidewalks, curbing, grass plots, side slopes, monuments, bounds and street signs.

(10) A final inspection shall be made to ensure that all work required by the endorsed definitive plan, the conditions of subdivision approval and the Regulations has been satisfactorily completed prior to final release of the subdivision surety. Soil testing as determined by the Planning Board's Engineer will be at the applicant's expense.

E. Backfilling. No water main, storm drain, catch basin, utility installation, road sub-grade or foundation, or any other item of work designated for inspection, shall be backfilled or paved over until inspected and approved by the Planning Board or its duly authorized representative.

F. Excavation performed without authorization. Any work done, material used or excavation performed without authorization by the Planning Board or without the required inspection may be ordered removed and/or replaced at the applicant 's expense.

G. Failure to reject defective work or materials. Failure to reject defective work or materials at the point of installation shall not prevent later rejection of the work or materials when the defect is discovered, nor obligate the Planning Board to make final acceptance of the work or materials or subdivision.

H. Work found to be defective. If the work or any part thereof shall be found defective by the Planning Board at any time before the final acceptance of the entire project, the Planning Board shall give written notice thereof to the applicant and the applicant shall, at the applicant's sole expense, cure such defect in a satisfactory and timely manner.

I. Unauthorized work. Any work done beyond the lines and grades shown on the plans, except as herein provided, shall be considered unauthorized and shall be removed at the expense of the applicant .

J. Inspection reports. Once an applicant indicates that a stage of work has been completed, the Planning Board's Engineer will review the status of the work and prepare and submit a report to the Planning Board and the applicant and detail whether the work has been performed in accordance with the Regulations and the endorsed definitive plan or indicate the ways in which the work is not acceptable. At any time during the progress of the work, the Planning Board's Engineer shall advise the Planning Board of any factors that may adversely affect the progress of the work.

K. Field changes. The Planning Board's Engineer may agree to minor field changes and shall notify the Planning Board in writing of such changes forthwith. The Planning Board's Engineer may not agree to major field changes. A major field change shall not proceed without the prior approval of the Planning Board. The applicant shall proceed at the applicant's own risk to perform work in accordance with a field change that has not received the Planning Board's prior approval. In the event that a field change is determined to be major, the applicant shall cease the relevant work and obtain the required approval and if the necessary approval is not granted, shall remove the non-approved work at the applicant's expense. In any instance in which a proposed field change would alter the drainage calculations previously relied upon, a subdivision modification shall be sought and obtained before the change may be implemented. The Planning Board's Engineer shall inspect work and materials; give direction pertaining to the work and the safety and convenience of the public; make measurements; and perform such other duties as may be designated by the Planning Board. In case of any dispute arising between the applicant and the Planning Board's Engineer, as to materials furnished or the manner of performing the work, the Planning Board's Engineer shall have the authority to reject the materials and to suspend that portion of the work until the question at issue can be referred to and decided by the Planning Board.

L. Alteration of requirements. The Planning Board's Engineer is not authorized to revoke, alter, enlarge, relax, or release any requirement of the Planning Board as shown on the endorsed definitive plan or required under the Regulations.

M. Conduct. In no case shall the Planning Board's Engineer act as foreperson or perform other such duties for the applicant .

N. Final inspection. The final inspection shall take place after completion of roadways, permanent benchmarks, curbing, berming, walkways, grading, seeding and cleanup and following receipt by the Planning Board of the applicant's professional civil engineer's certification that all grades have been constructed in accordance with the endorsed plan and receipt of all as-built plans.