Before commencement of construction, the developer
shall obtain a subdivision permit from the Planning Board. This shall
be kept displayed in a prominent place near an entrance road to the
subdivision. The Planning Board may give notice of charges and, not
sooner than 24 hours later, hold a hearing and after sustaining the
charges may revoke the permit for violation of any provisions of these
regulations or of any state law or regulation or town bylaw or regulation
or of any order issued thereunder. No construction shall proceed in
a subdivision unless a valid subdivision permit is in effect. A subdivision
permit shall expire two years after its issue, but the developer may
apply for a new subdivision permit.
A.
Before issuance of a subdivision permit, the developer
shall obtain approval of an erosion control program for the area he
intends to work.[1] This area shall be specified and may include only the part within the right-of-way or may include all or part of the lots. In the latter case the developer shall obtain a release under § 365-41 of this chapter to comply with Chapter 49, Earth Removal, if necessary to sever or strip soil, loam, sand or gravel.
B.
The following factors shall be considered in such
a program:
(1)
No larger area shall be developed than that on which
construction can be completed rapidly so that large areas are not
left bare and exposed for long periods.
(2)
Grading shall be kept at a minimum. Where possible,
only undesirable trees shall be removed.
(3)
Runoff shall be controlled and conveyed into storm
sewers or other outlets so it will not erode the land or cause off-site
damage.
(4)
Critical areas shall be protected during construction
with mulch or temporary crop covers and with mechanical measures such
as diversions and prepared outlets.
(5)
Sediment basins shall be constructed where necessary
to detain runoff and to trap sediment during construction.
(6)
Safe off-site disposal of runoff shall be provided,
including the increased runoff resulting from construction.
(7)
Permanent vegetation and erosion control structures,
where necessary, shall be installed as soon as possible.
C.
Construction which involves the alteration of the
bank of a stream or otherwise is in an area that is significant to
groundwater supply, etc., may require the filing of a notice of intent
under MGL c. 131, § 40.
Removal, including severing and stripping of soil, loam, sand or gravel outside the fifty-foot right-of-way would constitute a violation of Chapter 49, Earth Removal, unless in compliance with the requirements of an approved subdivision plan. Such illegal removal may come into question in connection with §§ 365-58, 365-60 and 365-61. Accordingly, the subdivider should obtain a written earth removal release from the Planning Board to remove soil, loam, sand or gravel from specified lots in such cases. The release should be drafted by the subdivider and should specify what is to be done as to each such lot. This release relieves the subdivider of liability under Chapter 49, Earth Removal. The subdivider shall not excavate outside the row after being ordered to cease by the Planning Board.
A.
The subdivider will be responsible for seeing to it that the agent of the Planning Board is present to inspect during the following stages of construction: §§ 365-47, 365-48, 365-49, 365-51A through F, I and K, 365-52 and 365-56. No succeeding operation or phase of an operation shall commence until the previous phase has been approved by the Board or its agent, as shown by signature on utility inspection card. The card shall be displayed in a conspicuous place on the premises during construction. Work done under other sections will be inspected after it has been completed.
B.
The subdivision may be inspected at any time by any
officer or board of the town or any agent of such officer or board.
C.
The subdivider shall reimburse the town for the cost
of inspection when billed by the Planning Board, any payment to be
current before any lots are released.
A.
"Gravel" is defined as consisting of hard durable
stone and coarse sand practically free from loam and clay, uniformly
graded and containing no stone having any dimensions greater than
31/2 inches. When spread on the road and rolled, it shall form a stable
foundation. The grading shall conform to the following requirements:
passing three-eighths-inch sieve 70% maximum; passing No. 10 sieve
50% maximum; passing No. 200 sieve 5% maximum. No stone used in the
subgrade of a street shall have any dimension greater than six inches.
The subdivider shall notify the agent of the Planning Board as to
the source of the gravel.
B.
Loam.
(1)
This shall consist of a fertile, friable natural topsoil
typical of the locality, without admixture of subsoil, refuse or other
foreign materials, and shall be obtained from a well-drained arable
site. It shall be such a mixture of sand, silt and clay particles
as to exhibit sandy and clayey properties in about equal proportions.
It shall be reasonably free of stumps, roots, heavy or still clay,
stones larger than one inch in diameter, lumps, coarse sand, noxious
weeds, sticks, brush or other litter. Prior to stripping, the loam
shall have demonstrated by the occurrence upon it of healthy crops,
grass or other vegetative growth that it is reasonably well drained
and that it does not contain toxic amounts of either acid or alkaline
elements.
(2)
The loam shall contain not less than 4% nor more than
20% organic matter as determined by the loss on ignition of oven-dried
samples. Test samples shall be oven-dried to a constant weight at
a temperature of 221° F.
(3)
"Suitable seed" as used in these regulations shall
mean seed approved as to type by Essex Conservation District.
[Added 7-18-1973 (Amdt. B)]
Care shall be taken not to remove an excessive amount of trees since the subdivider may be required to furnish new trees under § 365-54.
The subdivider shall indicate the limits of
the location of ways shown on the plan at points of curvature (P.C.'s)
and points of tangent (P.T.'s) with stakes on the ground as work progresses
and shall reset stakes as necessary so that location of the way may
be readily determined. Sufficient grade stakes shall be set up by
a registered professional engineer.
[Amended 12-21-1995 (Amdt. J)]
The entire area of each street shall be first
cleared of all stumps, brush, roots, boulders, like material and all
trees not designated or intended for preservation. The burial of stumps,
woody debris is prohibited. Burial of boulders in excess of 24 inches
diameter may only be buried in a site approved by the Planning Board
or its agent and must be shown on the subdivision's as-built plan.
[Amended 7-18-1973 (Amdt. B)]
The full length and width of the proposed roadway
pavement area and extra two feet on either side of the pavement area,
for a total of 30 feet, shall be excavated or filled, as necessary,
to a depth of at least 12 inches below the bottom of the subgrade
as shown on the profile. However, if the soil is soft and spongy or
contains undesirable material, such as clay, sand pockets, peat, stones
over six inches in diameter or any other material detrimental to the
subgrade, such material shall be removed and replaced with suitable
well-compacted material. There shall be no stone over 18 inches in
diameter in the area between three feet and one foot below the finish
grade. The subdivider shall not excavate within the right-of-way below
the existing natural level without the approval of the Planning Board
or its agent and shall cease to excavate when ordered to do so. This
is designed to prevent excavation of good earth below the existing
ground level where such earth would have to be replaced later to obtain
the proper grade level. When three or more feet of fill are added,
it shall be compacted at each foot of fill.
Roadways shall be constructed for the full length
of all streets within the subdivision shown on the plan. The center
line of such roadways shall coincide with the center line of the street
rights-of-way unless a minor variance is specifically approved by
the Board. Minimum outside diameter of roadway pavement area within
turnarounds on dead-end streets, if allowed, shall be 108 feet.
[Amended 10-25-2000]
Water mains, valves and hydrants shall be installed
to the satisfaction of the Board of Water Commissioners and shall
include water service from the main to the property line. Water mains
and similar matters shall be identical to that installed by the town
and shall conform to the requirements of said Board. A certificate
of completion under this section is required from that Board. Hydrants
shall not be required for courts if the terminus of the court is within
300 feet of an existing, operable fire hydrant as determined by the
Board of Water Commissioners.
B.
Each catch basin shall be built as shown in Sketch A and as described in § 365-36I. They shall be inspected by the agent before covering.
C.
Gravel.
(1)
The first course of six inches of gravel in the street
shall be placed, watered, if necessary, and rolled to a compaction
of 92% of its theoretical density. The gravel shall be rolled and
compacted to a center line grade three inches below the proposed finish
grade as shown on the profile and having a transverse grade conforming
to that shown on Sketch B, Typical Road Cross Section. Any depression
that appears during and after rolling shall be filled with additional
gravel and rerolled until the surface is true and even.
(2)
The second course of six inches of gravel in the street
shall be put down and treated in the same way.
D.
Isolated curb inlets shall be installed at each catch basin, granite curb corners installed, as described § 365-36I.
E.
All streets shall be paved with plant mixed Type I
bituminous concrete, the first course to be 21/2 inches in depth in
place when compacted, except that in industrial or commercial district
it shall be four inches. The course shall be rolled with either tandem
or three-wheel rollers of sufficient weight to produce a compaction
of 92% of the theoretical density of the materials and to produce
a true surface conforming to the cross-section of the road. No bituminous
material shall be placed unless the surface upon which it is to be
applied is at true grade and dry and the temperature is at least 50°F
and rising. The minimum width of the pavement shall be 26 feet. All
materials to be used on the construction shall be subject to the approval
of the highway surveyor and of the Planning Board.
[Amended 12-5-1986 (Amdt. E); 2-18-1987 (Amdt. F)]
F.
Frames and grates shall be set to the finished grade.
G.
Catch basins, drains and equalizer pipes shall be kept clean continuously until the street is accepted, and shall work adequately. See § 365-36I.
H.
Street name signs identical to those used by the town
and satisfactory to the Board shall be erected on all street corners.
A private way sign, consisting of letters three inches high, shall
be posted along with the street signs until the right-of-way is accepted
by town meeting. The developer is responsible for replacing lost or
stolen signs required by these regulations until the right-of-way
is accepted by town meeting. Other traffic signs may be required by
the Board. From the time the construction of streets commence until
the time final approval is requested, a temporary sign of wood or
masonite may be used and shall be kept in place.
[Amended 12-21-1995 (Amdt. J)]
I.
The second course of 11/2 inches residential, two
inches for industrial and commercial of plan mixed Type I bituminous
concrete shall be put down in the same manner as the first course.
This shall not be done until the bulk of the use of the street by
heavy vehicles has ceased, as determined by the Board. The first course
shall be swept clean prior to the putting down of the second course,
and a tack coat must be applied continuously the entire width and
length of the road to ensure proper bonding to the two faces. A leveling
course may be required prior to the installation of the second course.
[Amended 2-18-1987 (Amdt. F)]
J.
Street construction shall conform to the typical road
cross section shown in Sketch B of these regulations.
K.
A curb of vertical granite to a height of six inches
shall be placed on the pavement at both edges of the roadway before
the second coat of bituminous concrete is put down. Curbing shall
have a minimum width at the top of four inches and a nominal depth
of 18 inches.
[Amended 4-26-1995]
A.
All materials shall be removed for the full width
of the sidewalk, that is five feet, to a subgrade eight inches below
the finish grade as shown on cross section and all soft spots and
other undesirable material below such subgrade shall be replaced with
a good binding material and rolled.
B.
This excavated area then shall be filled with six
inches of gravel as defined above and rolled with a pitch toward the
curb of not less than 1/8 inch nor greater than 3/8 inch to the foot.
C.
Surfacing forms shall be set to grade, filled with
one inch of binder course compacted bituminous concrete.
D.
The second course of one inch finish course bituminous concrete shall be applied to the sidewalk except that two inches shall be applied at driveway entrances. Driveway aprons shall be paved within the right-of-way. Curb cuts shall not exceed 20 feet for driveways. However, if a granolithic surface is desired, specifications of the Massachusetts Department of Public Works shall be complied with as to both this subsection and Subsection D. Sidewalk pavement shall be applied by machine.
[1]
Editor's Note: Required by § 365-34C(8).
A.
Slopes adjoining shoulders referred to in Subsection B of this section where topsoil has been removed or where fill has been added shall be covered with loam to a depth of not less than six inches and seeded with grass suitable to the Board or otherwise fixed to prevent erosion to the satisfaction of the Board. If retaining walls are necessary in the opinion of the Board, they shall be constructed of reinforced concrete, stone, brick or other materials deemed suitable by the Board.
B.
Level shoulders shall extend two feet beyond the pavement,
and slopes joining shoulders within the fifty-foot right-of-way shall
not be steeper than three horizontal to one vertical in earth, nor
more than 3/4 to one in ledge.
[Amended 4-3-1996]
Where, in the opinion of the Planning Board,
existing trees are inadequate adjacent to the right-of-way, shade
trees having a diameter of at least two inches and of a variety suitable
in such opinion shall be planted. Such planted trees shall usually
be spaced not more than 40 feet apart, in 1/2 cubic yard of topsoil
satisfactory to the Board. The Board may require welling of existing
trees. A temporary tree planting easement shall be granted to the
Town of Georgetown for six feet on each side of the right-of-way to
allow for street tree planting at the proper time. The temporary easement
shall expire 24 months after the layout has been accepted by the town.
Selected deciduous trees, approved by the Board, may be planted in
the grass strip located between the sidewalk and road, or may be planted
in the temporary tree planting easement parallel to the proposed right-of-way.
The area between the sidewalk and the curb shall
be not less than five feet and shall be loamed by at least six inches
of loam as defined above, which shall be spread to grade, seeded and
rolled to the satisfaction of the Board.
The installation of driveways shall be done
under the direction of the agent of the Board. The location of driveways
shall conform to the drainage system so as not to interfere with the
drainage of the roadway. Driveway aprons shall be paved by the developer
or owner from the existing edge of the pavement to the property line.
The subdivider shall clear of obstructions,
subject to MGL c. 131, § 40, to the satisfaction of the
Planning Board as advised by the Conservation Commission any portion
of any stream running through the property that has been disturbed
by the subdivider. (MGL c. 270, § 16, prohibits the deposit
of debris, etc., within 20 yards of inland waters.)
The subdivider shall clear bushes, etc., at the intersection of streets, including existing streets, so as to furnish a clear sight line in either direction for entering traffic. If the view is obstructed by high shoulders on the existing street he shall remove such shoulders, unless the Selectmen object. A sketch of the proposed work, approved by the Planning Board, shall be submitted to the Selectmen. Their assent shall constitute compliance with Chapter 49, Earth Removal.
If the slope of a lot at a distance of 20 feet back from the street line, that is the edge of the fifty-foot right-of-way, is greater than four horizontal to vertical, the subdivider shall submit to the Board a plan or proposal to reduce it to four to one, and after approval or modification the subdivider shall carry it out. Approval of the proposal shall constitute compliance with Chapter 49, Earth Removal. The Board may require guardrails where it deems necessary, whether required by MGL c. 84, § 27A, or not. Where topsoil has been removed from such slopes or fill has been added, loam to a depth of not less than six inches shall be spread and grass seeded or it shall be otherwise fixed to prevent erosion to the satisfaction of the Board. The subdivider hereby grants to the Town of Georgetown the right to enter upon any such lot for the purpose of constructing such slope.
After the street has been paved, the Board may require prior to release of any lot or thereafter correction of any drainage problems, including but not limited to the installation of berms in front of driveways or lawns. The Board may require that a plan or proposal be prepared to correct wet pockets on lots and after approval by the Board be carried out by the subdivider. Approval of such proposal shall constitute compliance with Chapter 49, Earth Removal. The subdivider hereby grants to the Town of Georgetown the right to enter upon such lot for the purpose of making such correction.
No lot shall be considered complete until all stumps, brush, roots and like material and all trees, rocks and boulders not intended for preservation by the subdivider shall have been removed and disposed of in a manner and place satisfactory to the Planning Board. Any fire hazard shall be removed promptly to the satisfaction of the Fire Chief. This section does not authorize violation of Chapter 49, Earth Removal, that is, it does not authorize the removal, including severing and stripping, of soil, loam, sand or gravel on such lot. No occupancy permit will be issued by the Building Inspector until he has received approval from the Planning Board that the slopes on the lot adjacent to the row have been completed to the satisfaction of the Board.
Standard highway bounds six inches by six inches
by four feet shall be installed as shown on the plan. See § 365-33C(7).
That is, all intersections of streets with each other, at all points
of change in direction of curvature of streets and at all outer plan
boundary lines. A certificate from a registered professional engineer
or registered land surveyor that he has set such bounds in compliance
with this regulation shall be filed with the Board. Such bounds shall
not be installed until all construction work which would disturb or
destroy bounds is completed.
A.
Bench mark shall be of granite, shall extend at least five feet into the ground and shall have a disc. A certificate of a registered land surveyor shall be placed on the as built plan described in § 365-66 which shall certify as to the location of the bench mark and its height related to USGS bench mark.
[Added 7-18-1973 (Amdt. B)]
B.
Each lot shall be bounded on each corner by a property
bound. Bound will not protrude more than six inches above the ground.
Lot boundary markers will be either granite or concrete, at least
six inches square and four feet long; or iron pipe at least 11/2 inches
in diameter and four feet long. A certificate from a registered professional
engineer or registered land surveyor stating that he has set such
bounds in compliance with this regulation shall be filed with the
Board. Such bounds shall not be installed until all construction work
which would disturb or destroy bounds is completed.
Streetlights and poles shall be installed and
a certificate that they have been installed and paid for to the satisfaction
of the manager of the Municipal Light Department shall be furnished
to the Planning Board.
Fire alarm boxes shall be installed as shown
on the plan and tied in to the existing town system, if available,
and a certificate that this has been done and paid for to the satisfaction
of the Fire Chief shall be furnished to the Planning Board.
[Amended 7-18-1973 (Amdt. B)]
If any engineering changes have been approved
by the Board after the plan is recorded, the subdivider shall have
prepared an amendment to the plan suitable for recording. After signature
by the Board, he shall record it and give a copy to the Board. In
any event a copy of the plan as built shall be filed with the Planning
Board upon completion of the subdivision on Mylar. This shall include
location of gas pipes, elevation of inverts, road grades, final grading
contours and ties, including house connections for water and easements.
A.
A vote by the Planning Board
|
"To release under § 365-63 of the regulations the following lots on plan in Plan Book _____ Plan _____, namely, lots ____ only"
| |
|
shall be deemed a notice to the Building Inspector that all stages of the way furnishing frontage to such lots have been completed in compliance with the subdivision regulations of the Planning Board up to and including the putting down of the base coat of bituminous concrete to the satisfaction of the Board with reference to the requirements of §§ 165-95 and 165-96 of Chapter 165, Zoning.
|
B.
The fact of release of a lot from a covenant not to
convey shall not by itself indicate such compliance unless a statement
is added to the release "Such lots are also released under § 365-67"
since the lot may have been released upon bond or deposit without
construction of the way under MGL c. 41, § 81U.
C.
The Building Inspector shall withhold an occupancy permit for a building in a subdivision from any person who is in violation of any provision of Chapter 165, Zoning, Chapter 29, Building Construction and Chapter 49, Earth Removal, or of MGL c. 131, § 40, or of any regulation or order issued thereunder, or of any regulations of the Board of Health or of the State Sanitary Code of the Massachusetts Department of Public Health. Notice from the board, inspector, officer or agent having jurisdiction under such law, bylaw, regulation or order shall authorize such withholding until notice of correction. Any person aggrieved by such withholding may appeal to the Board of Appeals as provided in MGL c. 40A, § 13.
D.
No occupancy permit shall be issued by the Building
Inspector until a plot plan signed by a registered professional engineer
or registered land surveyor is submitted showing the boundaries of
the lot and the location of all structures and the sewage disposal
system for that lot.
A.
Drain facilities. Storm drains, culverts and related
installations, including catch basins, gutters and manholes shall
be installed, kept clean continuously and in good working order within
the subdivision as necessary, in the Board's opinion, to permit unimpeded
flow of all natural watercourses, to ensure adequate drainage of all
low points along streets, to control erosion and to intercept stormwater
runoff along streets at intervals reasonably related to the extent
and grade of the area drained. Proper connections shall be made with
any existing drains in adjacent streets or easements where they may
exist and prove adequate to accommodate the drainage flow from the
subdivision, and in the absence of such facilities, or the adequacy
of the same, it shall be the responsibility of the subdivider to extend
drains from the subdivision as required to properly dispose of all
drainage from said subdivision in a manner determined proper by the
Board. Where adjacent property is not subdivided, provision shall
be made for extension of utility systems by continuing appropriate
drains and water mains to the exterior boundaries of the subdivision
of such size and grade as will allow for their proper projection and
with such accessories and appurtenances deemed appropriate by the
Water Superintendent. Drains shall not be backfilled until inspected.
An as-built drainage plan shall be submitted to the Planning Board
prior to paving. All discrepancies between design and actual construction
must be noted and approval for the changes must be obtained from the
Planning Board or its agent prior to paving.
[Amended 12-21-1995 (Amdt. J)]
B.
Where, after the subdivision plan is approved, it
develops at a wetlands protection hearing under MGL c. 131, § 40,
that a different size culvert is required or other change necessary,
the plan shall be revised by the engineer for the subdivider and the
plan amended accordingly and the change recorded at the Registry of
Deeds.
C.
If at any time before the street is accepted by the
town the drainage system fails to work adequately, the subdivider
shall be responsible for necessary correction, including design, different
installation or additional facilities.
[Added 6-18-1975 (Amdt. C)]
No subdivision may be constructed on land in any floodplain area having special flood hazards as identified by the Administrator as provided in 24 CFR 1910.3(b) without having been reviewed by the Planning Board as provided in the last sentence of § 365-20 of these regulations.
[Added 12-21-1995 (Amdt. J)]
Hours of operation for road construction will
be Monday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturday
from 7:00 a.m. to 1:00 p.m.
