Article II Subdivision Control

For any application under these rules and regulations, the Board may employ an outside consultant at the expense of the applicant. Fields for which the Board may require a consultant include but are not limited to: any relevant engineering field, architects, landscape architects, soil scientists, hydrologists, environmental scientists, botanists, attorneys, professional planner, real estate appraiser or broker, licensed construction supervisors, licensed general contractors, etc.

(Reserved)

The Board will normally require the fees to cover the costs of outside consultants to be deposited in advance with the Town, in accordance with the provisions of MGL c. 44, § 53G. Such fees will be deposited in a separate account, and any amounts remaining in said account after the completion of the associated project will be refunded to the applicant or successor, in accordance with these rules and said state law. When the expense of such consultants exceeds the currently available funds in the 53G account, the applicant is required to provide such additional and appropriate funds within 14 days of notification by the Board of the required amount.

The choice of outside consultant may be appealed to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. The required time limits for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Board of Selectmen within one month following the filing of the appeal, the selection made by the Planning Board shall stand (but may be appealed to the courts).

The Planning Board will normally allow 10 days between the selection of a consultant and the start of work, to give the applicant an opportunity to file such an appeal, but will begin work sooner if approval is given by the applicant. If such appeal is made, the applicant shall notify the Planning Board by certified mail immediately after filing such appeal with the Board of Selectmen. The Planning Board, at its earliest opportunity after receiving such notification, shall direct the consultant to cease work until the appeal is resolved. The applicant shall be liable for all costs due to the consultant prior to the direction to cease work.

To the extent that services are provided by Town Counsel under a flat-rate retainer, such services will not be charged directly to the applicant. However, should circumstances require employment of outside counsel (for example, due to a conflict of interest) or otherwise be billed to the Town for a specific service related to an application, then such fees will be paid out of the 53G account or by the applicant. This section does not preclude the charging of supplemental fees for specific legal services performed by Town Counsel, with such fees paid to the Town to offset the cost of the Town's retainer with Town Counsel.

Waivers.

In accordance with MGL c. 41, § 81R, the Board may waive strict compliance with these rules and regulations. Such waiver may only be granted if the Planning Board first reaches a finding that such waiver is both in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law and these rules and regulations.

It is the responsibility of the applicant to identify all waivers that are required. Except where otherwise specified, all requests for waivers must be explicit, complete, in writing and submitted at the time of application.

No waiver may be inferred from any decision by the Board unless the Board votes specifically to grant the waiver (separately from the overall decision) and such vote is recorded in the minutes of the Board.

Fees.

All expenses incurred by the Town for processing an application shall be borne by the applicant. Whenever any extraordinary expense occurs that is not covered by the fee structure, such items may be billed directly to the applicant.

Fees are divided into application, consulting and supplemental fees.

Application fees must accompany any application before the Board under these rules and regulations. They are intended to cover the general cost to the Town of processing the application, excluding costs covered by the more specific fees. The general costs may include indirect costs (e.g. the cost to the Assessor and Tax Collector to update their records after the granting of an ANR). Application fees are deposited into the general treasury of the Town.

Consulting fees are fees to cover the cost of outside consultants and are handled according to the provisions of Subsection B of this section.

Supplemental fees are fees to cover the cost to the Town of specific services, where such services may be clearly identified or quantified, and can be expected to vary depending on the project. Examples include the cost of inspections by the Town Departments, review of bonds, deeds, easements or other documents by Town Counsel, etc.

If a fee paid by check or other non-cash method is returned or otherwise uncollectable, then the applicant shall be liable to the Town for all costs incurred as a result. No resubmission of the application will be accepted unless accompanied both by the fees due under the application and the additional amounts required under this section. The Planning Board may require that all future amounts due with relation to this application or related applications before the Planning Board be made by certified or cashiers check. If a fee is returned or otherwise uncollectable prior to a decision, then the application will be rejected as incomplete. If a fee is returned or otherwise uncollectable subsequent to a decision, then any approval of such application is automatically rescinded.

It is the policy of the Board to waive application and supplemental fees for applications submitted on behalf of the Town (excluding the Water Department, Regional School District or other Town agencies that are largely financially separate from the Town and any project for which revenue other than the Town's property tax or normal state aid is applicable). This is specifically because charging a fee in such cases would be accounted as an expenditure from some budgeted item and as general revenue, without any real explicit cost to the Town.

Burden of proof.

The burden of proof in all matters before the Board shall be on the applicant.

The submissions required by the Board for any application form the basis of such proof. However, this does not imply that the burden of proof may always be met by the required submissions. Where additional information may be necessary to satisfy the burden of proof in particular situations, then such information is required, even though it may not be an explicit requirement for the application.

The burden of proof must be met by the plans and information provided at the time of application.

Massachusetts licenses required.

Whenever these rules require work to be performed by or under the supervision of a licensed professional, such professional must have a current license to perform such activity by the Commonwealth of Massachusetts.

§ 175-10 General requirements for applications.

All insurance policies, bonds or other such instruments must be issued by a company licensed to do business in Massachusetts.

Public ways. The acceptance of a plan by the Planning Board does not make any street shown a public way. Existing laws of the Commonwealth of Massachusetts and bylaws of the Town must be complied with for the acceptance of any street.

Severability. If any section, paragraph, sentence, clause or provision of these regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged, and the remainder of these regulations shall be deemed valid and effective.

[11-6-2006; 9-27-2010; 4-29-2013; 4-1-2024]

Forms.

All applications must be on the most current version of the appropriate form. Required forms are found in Appendix A, Required Forms for Subdivision Control, which is a part of these rules and regulations. Applications may be rejected if they are not on the correct form.

All applications must be complete. Applications may be rejected as incomplete if they omit required information or required supplemental forms.

Signatures.

All applications must be signed by all property owners of all parcels involved in the application. All plans must be signed by the licensed professional who prepared them. The application forms may indicate additional signature requirements.

If a parcel is held in joint tenancy, then all tenants must sign.

If a parcel is held (either partially or fully) by a trust, partnership or corporation, then the application must be accompanied by the trust documents, partnership documents or articles of incorporation, respectively, along with such documentation that will demonstrate that the individuals signing the application have the authority to exercise control over the property.

If for some reason, such as guardianship or power of attorney, some individual is authorized to exercise control of the parcel (or share thereof) on behalf of another, then documentation showing such guardianship or power of attorney or similar situation must be included with the application.

If an individual other than an owner of the property is to represent the applicant before the Board, then a power of attorney or similar document signed by the owner or owners must be included. This document must, at a minimum, authorize the representative to commit to paying consulting fees, to agree to conditions set by the Board and to sign agreements to extend deadlines.

Fees. All applications must include the associated fees at the time of application. Applications without such fees will be returned as incomplete without further review. In particular, any other omissions or inadequacies will not necessarily be identified.

Plans.

All applications must be accompanied by required plans at the time of the application. Such plans must be in the required form and contain all required data.

The title or subdivision name shown on a plan or set of plans must exactly match that shown on the application. This title or name is used by the Planning Board as a reference and citation for the application. Inconsistencies or changes to the title create an unnecessary administrative cost to the Board.

All plans must be 24 inches by 36 inches unless otherwise approved by the Board. Plans showing lot line changes shall also be submitted in digital image format via email toplanning@townsendma.gov or on a flash drive in the standard outlined below:

To facilitate maintenance of the Town's records and Assessor's tax maps, an electronic file (the "standard digital file") of definitive subdivisions plans and plans for which approval under the Subdivision Control Law is not required, pursuant to MGL c. 41, § 81P, shall be filed with the Planning Board at the time the original hard copy is submitted. The standard digital file shall comply with Level III of the current version of the Mass GIS "Standard for Digital Plan Submission to Municipalities" (hereafter "the standard"), available on the Internet by searching Mass.gov. The vertical datum shall be the North American Vertical Datum 1988.

Upon written request, the Planning Board may waive the requirement for submitting the standard digital file in compliance with Level III, and may allow submission of a standard digital file that complies with Level II or, any digital image format via email to planning@townendma.gov or on a flash drive. Any request for a waiver must include a statement as to why submitting any other level or format should be allowed.

All plans must be prepared by a licensed professional engineer and licensed land surveyor and, where appropriate, a licensed landscape architect or other professional.

Each page of a set of plans shall have a title block in the lower right-hand corner. This must show, at a minimum, the title, the name of the subdivision (if any), the date, the scale, the names and addresses of the property owner(s), the name and address of the applicant (if different from the owner) and the names and seals of the designer, engineer and surveyor who made the plan, a page number, the total number of pages and all other information required by the applicable CMR, Registry rules or Land Court rules.

Each page shall have the signature of the licensed professional(s) who prepared the plan. At least one page shall have the seal and signature of said professional(s) and a statement asserting that said plan was based on an actual field survey and produced in accordance with all requirements under CMR.

Each page of a set of plans shall have a legend.

Where more than one revision of a plan has been submitted to the Board, all revised plans must have a revision history adjacent to the title block, as required by the applicable CMR, and also indicating the nature or purpose of the revision.

On all plans, any area of land that does not meet the current frontage, acreage or other dimensional zoning requirements shall be labeled a "parcel" and any area of land that meets all dimensional zoning requirements a "lot." Lots shall be assigned consecutive numbers, while parcels shall be assigned consecutive capital letters. Plans that use the term "lot" to describe areas that do not meet both the frontage and acreage requirements will be rejected.

The North American Vertical Datum of 1988 (NAVD 1988) shall be indicated and described on all plans, and at least one benchmark shall be located on site. The Planning Board may, at its discretion, waive this requirement on small or low-impact applications.

Submission of applications.

All applications must be submitted in accordance with the requirements of MGL c. 41, § 81O. Specifically, they must be submitted at a meeting of the Planning Board or by registered or certified mail.

Applications submitted at a meeting of the Planning Board will be considered received on that date. Applications submitted via registered or certified mail will be considered received on the date of receipt.

Applications may be delivered to the office of the Planning Board in person, via courier or other delivery service or via ordinary (nonregistered, noncertified) mail. Such applications will, as a courtesy to applicants, be forwarded to the Planning Board at its next regularly scheduled meeting. The effective date of receipt will be the date of that meeting. However, delivery in this manner does not comply with MGL c. 41, § 81O and is done at the applicant's risk. Neither the Town nor the Planning Board will guarantee that plans submitted in this manner will be delivered to the Planning Board.

Delivery of applications directly to the Town Clerk does not satisfy the requirements of MGL c. 41, § 81O and will not be accepted or considered as filed.

After submitting an application to the Planning Board, it is the responsibility of the applicant to comply with the requirements of MGL c. 41, § 81T by filing a notice with the Town Clerk stating the date of submission of such application. The Planning Board will provide, upon request, a receipt for applications submitted at a meeting of the Planning Board. For applications delivered by certified or registered mail, the United States Postal Service return receipt will be the evidence of date of receipt by the Planning Board. A copy of either of these shall be furnished to the Town Clerk as part of the notification required under MGL c. 41, § 81T. Notification to the Town Clerk prior to actual receipt of an application (as defined by MGL c. 41, § 81O) shall be invalid.

Acceptance of an application does not constitute a finding that the application is complete. The Planning Board retains the right to reject incomplete applications, according to the procedures described in these rules.

Rejection of incomplete applications.

If an application is rejected because it is incomplete, it is treated as if no application was made, except that fees will not be refunded for incomplete applications.

§ 175-11 Procedures for ANR applications.

If an incomplete application is resubmitted within six weeks (42 days) of the date of rejection for ANR applications, or eight weeks (56 days) for subdivision applications, then it may include a request for waiver of a portion of the new fees. Such waiver will be granted solely at the discretion of the Board, and in no case will the reapplication fee be waived to less than $150 for ANR applications or less than $300 for subdivision applications.

[11-6-2006; 10-3-2022; 4-1-2024]

Request for ANR endorsement.

Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law may submit a request for ANR endorsement containing the following:

The original plan conforming to the requirements of the Registry of Deeds or Land Court, as appropriate, and conforming to the requirements of the Planning Board as specified in § 175-10D and Subsection C of this section.

Seven full-size prints of the plan.

A copy of the deed to all parcels affected by the plan.

A completed Form ANR-1 (including all required supplemental forms).

The required fee, as specified in Subsection B below.

The necessary evidence to show that the plan does not require approval under the Subdivision Control Law.

This request shall be submitted to the Planning Board in accordance with all requirements of § 175-10.

Properties shown as "remaining land" or similar notation have no special status. They shall be included in all fee calculations and shall have all required data shown.

Fees for ANR endorsement. All other ANR plans require an application fee as specified in Appendix E, Planning Board Fee Schedule.[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Requirements for ANR plans.

All plans submitted for ANR endorsement shall show the following:

Title.

An arrow pointing to the north.

Date of survey.

A locus map at a scale not greater than one inch equals 2,000 feet.

Scale.

Existing and proposed boundary lines. The plan shall clearly distinguish between the two.

Areas and dimensions of all lots shown. Any lot or parcel on which there is a body of water must show three numbers: the acreage exclusive of the body of water, the acreage of the body of water and the combined acreage.

Total frontage of each property. If any property frontage is described as a sequence of segments, then the total frontage must be shown in addition to the length of each segment.

Zoning district of each lot and parcel, including any applicable overlay districts, and all zoning district boundaries. If all lots and parcels affected by the plan are in the same zoning district, then a single notation will suffice.

Lot, Parcel ID number, and/or house numbers for existing properties.

Name and address of record owner.

Name, address, seal and signature of engineer or surveyor.

Names of all abutters as they appear in the most recent tax list, unless the applicant has knowledge of any subsequent changes.

Existing and proposed lines of streets, ways and easements. If any easement is located so as to potentially affect access to the property, then a copy of the easement language shall be provided.

Location of all buildings or structures on the plan.

Existing contours at five-foot intervals and the location of any topographic features which might interfere with the use of the frontage for access.

Location of all bounds, brooks, fences, guardrails, barriers or walls.

Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances regarding the land or any buildings thereon.

(s)

The statement "Approval Under the Subdivision Control Law Not Required" and sufficient space for the signatures of all Planning Board members.

All plans shall be drawn to a scale of one inch equals 40 feet. However, it is the policy of the Board to waive this requirement, without written request, whenever the scale is increased for the purpose of allowing the entire plan to fit on one sheet and, in the opinion of the Board, there is no loss of information or clarity by such increase in scale.

Label any area of land that does not meet the current frontage or acreage requirements a "parcel" and any area of land that meets both a "lot." Lots shall be assigned numbers, while parcels shall be assigned capital letters. Plans that use the term "lot" to describe areas that do not meet both the frontage and acreage requirements will be rejected.

Any way known to be a private way shall be clearly labeled as such.

No street may be labeled a "public way" or other such notation unless accompanied by such evidence, based on a review of the Town's records, that will demonstrate that the way is legally a public way. The use of the phrase "public way" on maps or plans, whether or not such plans have been filed at a Registry, does not by itself constitute adequate evidence.

Ways used for frontage must qualify under the definitions used in the Townsend Zoning Bylaw. The applicant shall provide such evidence as may be necessary to establish this. It is the policy of the Board to waive this requirement routinely for the large number of roads known personally to the Board as being maintained by the Town. However, this does not diminish the authority of the Board to require such explicit evidence for ways not known to the Board or for which the status or condition is in doubt.

Except for perimeter plans and properties that are the recipients of a conveyance, no property unaffected by a plan shall be part of the plan.

If any property does not have sufficient frontage, then the plan shall include one or more notations completely explaining why such property does not cause the plan to show a subdivision. The following notations are samples of notations that may, depending on circumstances, be acceptable:

"This parcel to be conveyed to _______ and joined with Lot ______," where the recipient lot is clearly identified on the plan and the conveyance is to all of the owners of the recipient lot as shown on the plan. All parcels to be conveyed must be identified by one or more such notations.

"This is not a subdivision under MGL c. 41, § 81L because Lots _____ each have buildings that were standing when the Subdivision Control Law went into effect in Townsend."

"Parcel _____ is not available for building, due to ________________" where the reason provided is adequate to show and guarantee that the parcel is not available for building.

If any property lacking adequate frontage is to be labeled "not available for building" or other such similar notation, then the application must be accompanied by such deed, restrictive covenant, easement or other document that will demonstrate why the property is not available for building and cannot be made so, and the plan must clearly note such provisions.

In determining access, the Planning Board will consider both the adequacy and condition of the road providing access and the feasibility of access from the frontage to the buildable portion of any lot. If a road is not yet constructed, then the adequacy of any bond or other provisions to ensure the construction of such road will be considered.

The Board may take the following actions on plans submitted for endorsement under this section. The deadline for reaching any of these conclusions is the deadline required by the Subdivision Control Law.

It may reject the application as incomplete or not in compliance with our requirements. The fee will not be refunded. If a new application for the same properties is submitted within six weeks (42 days), then the reapplication fee shall be $100 plus $100 for each lot or parcel increase over the original application. This reduction will only be applied once; subsequent reapplications shall pay the full fee.

If the Board determines that the plan does not require approval, it shall without a public hearing endorse on the original plan the words "Planning Board Approval Under Subdivision Control Law Not Required." Said original plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action.

If the Board determines that the plan does require approval under the Subdivision Control Law, it shall so inform the applicant and return the original plan. The Board shall also notify the Town Clerk of its determination. The fee is not refundable in this case, nor will it be applied to any reapplication.

§ 175-12 Preliminary subdivisions.

[11-6-2006; 9-27-2010; 4-29-2013; 10-3-2022; 4-1-2024]

Any person, before submitting a definitive plan for approval, may submit to the Planning Board and to the Board of Health a preliminary plan. The Board shall tentatively approve such preliminary plan with or without modifications suggested by it or agreed upon by the person submitting the plan or shall disapprove such preliminary plan and, in the case of disapproval, shall state its reasons therefor. Except as is otherwise expressly provided, the provisions of the Subdivision Control Law relating to a plan shall not be applicable to a preliminary plan, and no Register of Deeds shall record a preliminary plan.

The approval of a preliminary subdivision is tentative and is nonbinding upon the Planning Board. The applicant assumes all risk for changes due to new information submitted during the process for approval of the definitive subdivision, including but not limited to the possibility of turnover in membership of the Planning Board.

Applications for approval of preliminary plans shall be submitted to the Planning Board in accordance with all requirements of § 175-10.

Nonresidential subdivisions require the submission of preliminary plans in accordance with this section.

Residential subdivisions do not require the submission of preliminary plans. Applicants are strongly encouraged to set up an appointment with the Land Use Coordinator and/or Building Commissioner prior to submitting preliminary plans to determine the extent to which the Planning Board feels a preliminary plan is advisable.

The application shall contain the following:

Three prints of a plan prepared in accordance with Subsection C of this section and a digital .pdf file emailed to planning@townsendma.gov or submitted on flash drive.

An original complete application.

Three photocopies of the complete application, together with three photo reductions of the plans reduced to 11 inches by 17 inches and a digital .pdf file of the complete application emailed to planning@townsendma.gov or submitted on a flash drive.

The required fees as specified in Appendix E, Planning Board Fee Schedule.[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Identification of all anticipated waiver requirements in writing.

The application fee for preliminary subdivision plans are specified in Appendix E, Planning Board Fee Schedule.[2]

In addition, a separate consulting fee as specified in Appendix E, Planning Board Fee Schedule, is required for the review of the preliminary plans by a civil engineer, surveyor or other expert employed by the Planning Board. This fee shall be processed in accordance with § 175-9B.

Any amount remaining in the 53G account from the consulting fee will normally be retained in anticipation of a subsequent definitive plan. It will be returned only upon written request.

When an application is rejected as incomplete or denied based on obvious flaws without detailed review by the Board and a reapplication is submitted, the Board will consider, at the Board's discretion, waiving a portion of the reapplication fee. In no event will the reapplication fee be reduced below $300.

Editor's Note: Said appendix is included as an attachment to this chapter.

Requirements for preliminary subdivision plans.

All preliminary plans submitted for approval under this section shall show:

The title "Preliminary Plan."

Name of the subdivision.

An arrow pointing to the north.

Date of survey.

A locus map at a scale not greater than one inch equals 2,000 feet.

A vicinity map at a scale of one inch equals 800 feet.

Scale.

Legend.

The name(s) of the record owner(s).

The name of the applicant, if different from the record owner.

The name of the designer, engineer or surveyor.

The names of all abutters, as determined from the most recent tax list.

Existing and proposed lines of streets, ways, easements (including rights-of-way, covenants or other restrictions) and any public areas, in a general manner.

The proposed stormwater management system, including adjacent existing natural waterways, in a general manner. The proposed total area of land disturbance and noted proposed areas of disturbance to slopes steeper than 15% is required.

Existing and proposed boundary lines.

Approximate areas and dimensions of all lots shown. For the purpose of this item, "area" is "lot area" as defined in the Townsend Zoning Bylaw. To facilitate this calculation on properties containing bodies of water or other areas excluded by the Bylaw from lot area calculations, applicants are encouraged to show gross area and the area of any bodies of water, in addition to the lot area.

The names, approximate location and widths of adjacent streets.

The topography of the land in a general manner. This shall include existing walls, fences, monuments, buildings, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways.

(s)

The zoning classification of the land, including any zoning boundaries, historic districts, and overlay districts.

No street may be labeled a "public way" unless accompanied by such evidence, based on a review of the Town's records, that will demonstrate that the way is legally a public way. The use of the phrase "public way" on maps or plans, whether or not such plans have been filed at a Registry, does not by itself constitute adequate evidence.

All plans shall be drawn to a scale of one inch equals 40 feet. However, it is the policy of the Planning Board to waive this requirement, without written request, whenever the scale is increased for the purpose of allowing the entire plan to fit on one sheet and, in the opinion of the Planning Board, there is no loss of information or clarity by such increase in scale. Any such waiver shall not carry over to the definitive.

Any way known to be a private way shall be clearly labeled as such.

The applicant is required to submit such additional data as will demonstrate that the definitive plans will satisfy the requirements for a definitive, where such data is in the scope of the preliminary. Specifically, data shall include percolation test holes and deep hole observation for the lots shown on the Conventional Plan.

The applicant is strongly encouraged to submit a draft community impact statement.

Existing and proposed utility connections.

Engineering review.

Upon receipt of a preliminary plan, the Planning Board may select an engineering firm as an outside consultant, for review of the plans, and forward one copy of the plans to the engineering firm. This may be done prior to any determination by the Planning Board with respect to the completeness of the application.

The engineering review of preliminary plans will be for the purpose of determining the following:

Based on the available data, do the technical aspects of the plans comply with the requirements of these rules and regulations?

Are there any areas or issues of specific concern related to the purpose of these rules and regulations that should require close attention of the Planning Board?

What design alternatives, if any, should be considered prior to submitting the definitive plans?

What specific additional data, if any, should be required for the definitive plans? Examples of such data may be specific soil tests, traffic studies, measurements, etc. Such data shall be specific to the circumstances of the preliminary plans.

What modifications, if any, should be made?

Incomplete applications.

Incomplete applications will be rejected. The application fee will not be refunded. The consulting fee will be returned upon request, minus costs already incurred. If the applicant does not request the return of the consulting fee, the Board will assume the applicant intends to refile and apply the fee to the reapplication.

For an application submitted by certified mail, the determination that an application is incomplete will be made no later than the first regularly scheduled meeting to occur seven or more days after receipt. For an application submitted at a meeting of the Planning Board, the determination will be made no later than the next subsequent regularly scheduled Planning Board meeting.

Approval or disapproval of preliminary plans.

To the extent that can be determined from the data submitted, the plans must satisfy all design standards applicable to definitive subdivisions.

The Board may approve the preliminary plan, with or without modifications, according to the provisions of MGL c. 41, § 81S.

The Board may, as part of such decision, identify specific issues that must be addressed in the definitive, including specific questions to be answered as part of the community impact statement. In the case of a nonresidential subdivision, or a residential subdivision exceeding 20 lots, these requirements may include the scope of a traffic study.

§ 175-13 Definitive subdivisions.

[11-6-2006; 9-27-2010; 1-28-2013; 4-29-2013; 10-3-2022; 4-1-2024]

General provisions for definitive subdivisions.

All plans, usages and other activities shall be in compliance with the Townsend Zoning Bylaw and other applicable Town bylaws and state and federal laws. No approval under these rules or the Subdivision Control Law shall imply any variance or special permit under the Townsend Zoning Bylaw, even if such variance or special permit is necessary for said approval to be useful.

Where an application is dependent upon an OSPD or OSMD, then either the permit must have been granted, the appeal period must have elapsed with no appeal or all appeals must have been resolved, and all conditions of such permits that may be met prior to construction shall have been met. Alternatively, the application shall be accompanied by the OSPD and OSMD application. In the latter case, the applicant shall include a written extension of the time frame for the decision by the Board to be 90 days after the close of the public hearing for the special permit.

When a definitive plan of subdivision is submitted to the Planning Board, the Board will forward a copy to the Board of Health. The Board of Health shall, within 45 days after the plan is so filed, report to the Planning Board in writing approval or disapproval of said plan, and in the event of disapproval shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health, and include such specific findings and the reasons therefor in such report, and, where possible, shall make recommendations for the adjustment thereof. Failure so to report shall be deemed approval by the Board of Health.

General process.

When the Board receives an application to approve a definitive plan, including fees, it will initiate the review process. (Plans received without the appropriate fees or waiver will be rejected without further review.) This means reviewing the application for completeness, scheduling the public hearing and enlisting an independent engineering firm for review. These activities occur in parallel.

The Board will review the plans for completeness, within its ability. Omissions will be reported as soon as possible and other activities suspended. Note, however, that many required items are technical in nature, and such omissions may only be found by our engineering consultant and after the site walk. Nevertheless, such applications may still be rejected as incomplete.

Once the hearing is scheduled, the Planning Board or assigned administrative staff will take responsibility for notifying abutters (using the list provided with the application) and publishing the legal notice of public hearing.

Once the Board has selected an engineering consultant, the plans will be sent for review and a site visit scheduled.

The public hearing, described below, is typically a minimum of two or three sessions. Sessions are normally scheduled for one or two hours. It is common for missing information to be identified by the Board's engineering review or other results of the public hearing. It is the policy of the Board to accept such additional submissions prior to the close of the public hearing, but only if accompanied by a written extension of the time for the Board's decision. Such extension shall be for at least 90 days from the date of receipt by the Board of the submission. Submissions of new information or changed plans after the close of the public hearing shall require a new application, including a new public hearing.

After the close of the public hearing, the Board will work on its decision. It is the policy of the Board not to vote on the decision until after drafting a set of proposed conditions.

The Planning Board will normally vote on a next to last draft decision, making any necessary specific changes, and reach a decision pending proofreading. Once the Planning Board or its designee has proofread the decision, making any necessary corrections (whether grammatical, spelling or to conform to the Board's vote), Board Members or their designee will endorse and file said decision with the Town Clerk, with copies sent to the applicant. The abutters will receive notice of decision, either a summary or complete copies, depending on circumstances.

The Board will wait until the appeals period has expired without appeal(s) or until any appeals have been exhausted before, if appropriate, endorsing any plans. The applicant must provide a performance guaranty and meet other conditions, described below, before the Board will endorse the plans.

It is common for the engineering review or public hearing to identify missing or inadequate technical information.

The above process is a general outline. In practice, there is significant variation.

Applications.

All applications must be submitted according to the provisions of § 175-10.

In the absence of an existing stormwater permit for the project, a stormwater management application and all associated documents shall be filed in conjunction with a definitive application and the decision shall be conditioned upon the issuance of a stormwater permit.

Strict adherence to Chapter 85 of the Townsend General Bylaws, National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Management, and its associated regulations shall be required.

Complete applications comprise the original signed application form, a certified list of abutters, the fees, the plans and the required submissions. All applications must be complete at the time of submission. The original of the plans shall be required at the time of endorsement.

The burden of proof is on the applicant to demonstrate, based solely on the information submitted as part of the application, that the proposed subdivision satisfies these rules and regulations.

Errors, misrepresentations, omissions or misleading information, whether substantive, or deliberative, shall be grounds for denial of any subdivision and revocation of any approved subdivision.

(Reserved)

Applicants are required to furnish any information known to them or their agents that could reasonably be expected to influence the Planning Board's decision, whether or not such data is explicitly required by these rules and regulations, and whether or not such data is favorable or unfavorable.

(Reserved)

The application shall accurately describe the property as of the date of filing, and no activity shall be allowed on the property that would have the effect of invalidating or changing the data presented in the plans.

When the application has been the subject of a preliminary plan and the Board's decision on the preliminary plan included suggested modifications, then the application for the definitive subdivision approval must address those modifications specified in the decision, either by implementing or providing a narrative explaining why they were not implemented. If the preliminary plan decision identifies additional information to be submitted with the definitive plan, then such information must be provided.

Fees.

The application fee for a definitive subdivision is $1,800 and $600 per lot.

In addition to the application fee, the application must include a consulting fee in the amount of $10,000. This amount shall be reduced by any amount remaining in any existing consulting fee account established under MGL c. 44 § 53G and § 175-9B, associated with this property as of the date of submission, adjusted for any outstanding bills payable. The consulting fee will be handled according to the provisions of § 175-9B. At a minimum, the fee will be used for the review of the submitted plans by a consultant with a written response to the Board, a site walk by the engineering consultant and attendance by the consultant at one or more Board meetings, including the public hearing.

The stormwater management application fee, as outlined in the Planning Board Rules and Regulations, § 175-27.

Plans.

Plans submitted as part of the definitive subdivision application shall conform to the requirements of § 175-10D.

The original plans must be on media suitable for filing at the appropriate registry.

Six print copies of the original plans are required. One digital copy of the original plans is required.

Required submissions.

Six print copies of the required submissions shall be required. Each copy shall be bound as a single volume, and accompanied by one digital copy.

(Reserved)

Copies of oversized documents such as deeds may be photo reduced only if the resulting copy is clearly legible. Otherwise, such documents must be full scale, accurately and clearly split over multiple pages so as to fit on paper 8 1/2 inches by 11 inches.

Public hearing.

The purpose of the public hearing is to give the abutters, the community and other interested parties the opportunity to provide feedback to the Board with regard to the proposed subdivision.

The Board, upon receipt of a complete application, shall set a date for the required public hearing. Notice of the public hearing shall be given at least 14 days prior thereto by advertisement in a newspaper of general circulation in the Town once in each of two consecutive weeks and by mailing a copy of such advertisement to all owners of property abutting on such land included in the plot, as appearing on the most recent certified list of abutters, and such others as may be specified by the Planning Board. Such notices shall be sent by registered or certified mail, return receipt requested, at least 10 days prior to the public hearing.

(Reserved)

(Reserved)

(Reserved)

The applicant will be given a reasonable opportunity to rebut statements made at the public hearing and to respond to the comments of the Planning Board's consultant. However, changes to the plans or submission of new technical data will not be allowed unless accompanied by a written extension of time for the Planning Board's decisions. Such extension will normally be equivalent to treating the date of receipt of such plans or data as the date of receipt of the application..

The report of the Board of Health may be accepted outside the bounds of the public hearing. The applicant is entitled to procedural due process before the Board of Health and may request a hearing from the Board of Health at the time of application.

Approval and endorsement.

After the public hearing, the Planning Board will decide whether to approve, modify and approve, or disapprove the application, in accordance with the requirements of the Subdivision Control Law, MGL c. 41, §§ 81M through 81GG, as applicable. The Board may make modifications and may impose reasonable requirements and conditions in a written decision signed by a majority of the Planning Board, or by the Planning Board’s designee.

The Planning Board may require as a condition of approval that all ways, utilities, drainage systems and other municipal services be completed within two years or other such reasonable time period.

Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signatures of a majority of the Planning Board, or by the Planning Board’s designee but not until the statutory appeal period has elapsed following the filing of such approval with the Town Clerk and the Clerk has notified the Board that no appeal has been filed or, if an appeal has been filed, after the entry of the final decree of the court sustaining the approval of such plan.

The plans submitted for final approval shall make reference to the separate instrument identifying the conditions and requirements of such approval.

Prior to endorsing the final approval, such supplemental fees required for inspections, any additions to the 53G account and any amounts required to guarantee maintenance shall be submitted by the applicant. Such submissions shall be by separate certified or cashier’s checks. The applicant shall submit a revised inspection schedule to facilitate identifying such sums.

Prior to endorsing the final approval, the applicant shall provide an updated inspection plan. This shall be used to calculate the required supplemental and consulting fees related to inspections, subject to correction by the Board. For inspections performed under these rules by the Highway Superintendent or other Town official, the supplemental fee per inspection as required in Appendix E, Planning Board Fee Schedule,[1] unless the details of such inspection justify a higher amount. Should additional inspections be required, the applicant shall pay the additional fees prior to the inspections. For inspections by an outside consultant, an appropriate sum based upon the fee charged by said consultant and the inspection schedule, multiplied by 1.2 to account for contingencies, shall be deposited in the 53G account.

Editor's Note: Said appendix is included as an attachment to this chapter.

Prior to endorsing the final approval, such performance guaranties as may be required under these rules shall be established.

Approval of the definitive plan does not constitute the laying out or acceptance of any way within a subdivision as a public way, nor does it imply any obligation on the part of the Town to do so in the future.

Maintenance of improvements.

For the purpose of protecting the safety, convenience and welfare of the Town's inhabitants, for the provision of adequate access to all of the lots in a subdivision and of ways that will be safe and convenient for travel, for reducing the danger of life and limb in the operation of motor vehicles and for securing safety in the case of fire, flood, panic and other emergencies, under the authority of MGL c. 41, § 81M, as amended, the applicant or his successor shall provide for the proper maintenance and repair of improvements until the Town votes to accept such improvements whichever comes first. Such improvements include streets, sidewalks, lighting, gas, telephone, water and sewer, grass and other plantings and fences where required. Such maintenance shall include snow removal beginning from the time of occupancy of an individual owner or tenant other than the developer.

(Reserved)

The Board may require that such maintenance be guaranteed through a deposit of moneys. Such deposit will only be released upon acceptance of the corresponding ways as Town ways and the verification of the integrity of the pavement and stormwater system following a full winter of use, December 1 to March 31.

The project shall adhere to the submitted O & M (operation and maintenance) plan for stormwater management structures, as outlined in the Stormwater Management Rules and Regulations section entitled "Operation and Maintenance Plan."[2]

Editor's Note: See § 175-45, Operation and maintenance (O & M) plan.

Building permits. Prior to the issuance of any building permits by the Building Inspector for any subdivision lot created under these rules and regulations, the following conditions shall be met: the construction of roads or ways shown on the subdivision plan shall be completed at least through the binder pavement coat, including fill; completion of all stormwater management structures, and installation of curbing (if applicable). No building permit may be issued for properties secured by covenant under § 175-19I until such property has been released by the Board.

Filing of plans in the Registry or Land Court. Approval of all subdivisions is subject to the condition that, unless an appeal has been taken from such approval as provided by statute, the applicant will record the subdivision plan in the County Registry of Deeds or the Registry District Office of the Land Court within six months from the date of its approval and certify to the Planning Board, in writing, within six months from the date of approval that said plan has been recorded and filed with the Registry of Deeds or the Registry District of the Land Court giving the date, plan, book and page number or certificate number.

Status reports.

During construction, the Board will require periodic status reports. This may be in writing or in person, at the discretion of the Board. They will normally be required quarterly, but the Board may require them more frequently for particularly sensitive sites, complex construction or other reasons.

(Reserved)

§ 175-14 Plans for definitive subdivisions.

Unexpected events that imply additional, unanticipated work to comply with the subdivision conditions are grounds for requiring an increase in the performance guaranty. This includes but is not limited to natural occurrences, erroneous work by subcontractors, unforeseen conditions, unapproved removal of topsoil or other materials, work outside the defined areas, etc.

General provisions.

Plans for definitive subdivisions shall contain the following items, in the following order:

A cover sheet.

An index map. This may be omitted if all subsequent plans show the entire property on a single sheet.

A vicinity map.

A contour map.

A primary conservation area map.

A conventional layout plan.

An alternative layout plan (may be omitted in certain cases described below).

A soil test map.

A landscaping plan.

A detailed design plan.

An erosion/sedimentation control plan in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 4-29-2013]

Street plan and profiles.

Drainage, curbing and other engineering details in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 4-29-2013]

Standard cross sections.

All maps, except for the locus, index and vicinity maps, shall be at a scale of one inch equals 40 feet.

If the scale requirement of Subsection A(2) is waived, then all such maps shall nevertheless be at an identical scale.

Whenever a map must be divided across several sheets, all corresponding maps shall be divided identically.

All elevations shall refer to the North American Vertical Datum of 1988. The location and elevation of a minimum of two benchmarks shall be indicated on the layout plan. Plans shall conform to the requirements of § 175-10D.

[Amended 9-27-2010; 4-29-2013]

Wherever wetlands or other areas under the jurisdiction of the Conservation Commission are shown, the plans shall clearly indicate whether such boundaries have been certified by the Conservation Commission.

Location of estimated and priority habitats of endangered species, according to most recent map issued by the Natural Heritage and Endangered Species Program.

[Added 4-29-2013]

Cover sheet.

The cover sheet shall contain a locus map in a scale of one inch equals 2,000 feet, an index of the remaining pages of the plan, deed and Assessor's references and a tabular summary. The tabular summary shall show the total area being subdivided, the total area of lots, the total area dedicated for street purposes, the total area dedicated for drainage, utility or other easements, the total area and percentage area reserved for open space or other public use, the total area and percentage area of bodies of water and the total area and percentage area of other wetlands. Percentage area shall be based on the total area of the property being subdivided.

For an OSPD or OSMD, the cover sheet shall also show in tabular format such additional data relating to area or area percentages that is required to satisfy the corresponding Zoning Bylaw requirements.

Suitable space shall be provided to record the action of the Board and the signatures of all members of the Board and all members of the Board of Health, including where appropriate the words "Approved subject to covenant conditions set forth in a covenant executed by _________, dated ________, and to be recorded herewith."

Index map.

The purpose of the index map is to enable the Board to quickly identify appropriate sheets whenever plans must be broken across sheets.

The index map shall show the entire property being subdivided on a single sheet. It shall show the proposed property lines, lot numbers, parcel letters and street names. It shall show the approximate outlines of subsequent sheets and their corresponding page numbers. If the scale is such that space permits, it shall show the areas and frontages of all lots and parcels and the approximate boundaries of wetlands and other protected areas.

Vicinity map. The purpose of the vicinity map is to show the relationship of the property to the surrounding streets and to nearby properties that may be the subject of future subdivisions or which may otherwise be appropriate for consideration for future road connections. The vicinity map shall show a minimal system of currently maintained public ways that circumscribe the property being subdivided. It shall be at the largest standard scale that allows that system to be shown on a single sheet. It shall show all municipal boundaries, zoning boundaries and the approximate boundary lines of all properties circumscribed by the system, and for each such property it shall show the Assessor's map, book and lot number and the acreage of the property, based on Assessor's records or more recent data if known. It shall show the approximate location of all roads within the circumscribed area that appear on a subdivision plan previously approved by or currently pending before the Board, whether or not any construction has been done for such roads. It may show approximate location of wetlands, floodplains, steep slopes or other natural features that may interfere with the construction of new roads.

Contour map.

The contour map shall show existing property boundaries and contours at five-foot intervals for slopes of 10% or more and two-foot intervals for slopes less than 10%.

Where necessary to determine the impact of the development on adjacent properties or opportunities for design improvements, additional contour information for adjacent properties may be required.

Primary conservation area map.

The primary conservation area map shall show, in appropriate colors, all perennial streams, bodies of water, wetlands, floodplains, wellhead protection areas, associated buffer zones, areas of slope exceeding 25% and areas of slope between 10% and 25%. This combined area shall be designated the primary conservation area. The area outside any of the preceding areas shall be white, and the boundary between the two shall be clearly indicated by a solid, bold line.

In addition, the primary conservation area map shall show all stone walls, areas of high groundwater (less than seven feet to groundwater in the aquifer protection district or wellhead protection district and less than four feet to groundwater outside these districts) and trees over 24 inches in diameter.

Conventional layout plan.

The purpose of the conventional layout plan is to show the basic layout of the proposed development.

If the proposal is for an OSPD, then certain details, as specified below, may be omitted. Furthermore, the conventional layout plan must substantially correspond to the conventional layout submitted in support of the OSPD special permit application.

The conventional layout plan shall show the existing and proposed boundary lines, areas and frontages of all proposed lots, parcels, roads and easements, any zoning boundaries, the location of all bodies of water and wetlands, any permanent monuments, large boulders, ledge outcroppings, stone walls, trees over 12 inches in diameter within 50 feet of any construction and a general layout of the stormwater management system showing all detention basins or retention ponds, other major stormwater management structures, and the general flow of stormwater, in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 4-29-2013]

Alternative layout plan.

The purpose of the alternative layout plan is to encourage alternative development strategies that will preserve open space and reduce the impact on the Town's resources and infrastructure.

The alternative layout plan is required for residential subdivisions and shall be omitted for nonresidential subdivisions.

The alternative layout plan may be omitted when the total area of the property being subdivided, combined with the areas of properties separated from the subject property within the preceding 10 years, is clearly inadequate to satisfy the minimum area requirements for an OSPD.

The alternative layout plan may be omitted when the conventional layout plan shows fewer lots than required to be shown to meet the requirements of an OSPD and there have been no properties separated from the subject property within the preceding 10 years.

The requirement for the alternative layout plan will be waived by the Board only when it is clear that doing so will not derogate from the intent of these provisions and, in particular, when the Board explicitly finds that an OSPD is either clearly not feasible or clearly not desirable.

If the application is for an OSPD or OSMD, then the alternative layout plan is for the actual plan being proposed. If the application is for a residential subdivision but not an OSPD or OSMD, then the alternative layout plan shall be a good faith plan, compliant with the Townsend Zoning Bylaw provisions for open space preservation development.

The alternative layout plan shall, to the fullest extent possible, put the primary conservation area into the common open space.

The alternative layout plan shall show all items required by the conventional layout plan.

If the application is for an OSPD or OSMD, then the alternative layout plan shall also identify and show the boundaries of the proposed common open space and any other relevant data required by the applicable sections of the Townsend Zoning Bylaw.

Soil test map.

The soil test map shall show the boundaries, area and identifying number or letter of all proposed lots and parcels and the boundaries and name of all proposed roads.

The soil test map shall show the locations of all soil test sites, each clearly labeled corresponding to the soil test data submitted. Different types of soil tests shall be distinguished by different symbols, shown in the legend. Sites of tests that failed the Board of Health requirements shall be clearly identified by color and/or label as failed. The required radius around failed test sites shall be shown.

The soil test map shall identify all ledge and all areas of high groundwater.

The soil test map shall identify all sites for proposed primary and secondary leach fields, clearly distinguishing those for which tests have been completed and passed from others. Furthermore, if any such site is within 100 feet of a buffer zone, the minimum distances to such buffers shall be shown.

Cut and fill plan.

The cut and fill plan shall show the existing and proposed grades and elevations, clearly distinguished, throughout the subdivision sufficient to determine the approximate balance between cut and fill.

The cut and fill plan shall show the drainage patterns throughout the subdivision.

The cut and fill plan shall clearly identify all areas where it is anticipated that a septic system raised more than one foot above the existing grade will be required.

There shall be a general note indicating the disposition of topsoil on the site, including how topsoil will be handled in areas of cut and fill, how soil will be stockpiled and the minimum amount of topsoil to be redistributed to the site, and that no earth materials will leave the site except in accordance with the earth removal provisions of the Townsend Zoning Bylaw.

There shall be a tabular summary showing the source and quantities of earth materials to be removed, quantities proposed for removal off site and the purpose and quantities of earth materials (including materials required for construction of anticipated septic systems) to be brought on site. Alternatively, this summary may be included in the soil test section of the required submissions.

Landscaping plan.

The landscaping plan shall be prepared by or in conjunction with a licensed landscape architect, whose name and signature shall appear on the plan.

The landscaping plan shall identify the location and species of all trees over 12 inches in diameter.

The landscaping plan shall show the location, proposed species and size of all trees proposed for planting.

The landscaping plan shall show the proposed landscaping for any area of the parcel previously used for earth removal or otherwise damaged by human activity so that it no longer has significant vegetative cover and not restored successfully under an earth removal special permit issued in accordance with the Townsend Zoning Bylaws.

The landscaping plan shall show the proposed landscaping for all detention basins, retention ponds, drainage swales and other pervious surface areas contributing to the stormwater management system.

[Amended 3-31-2014; 4-28-2014]

The landscaping plan shall show the proposed landscaping for all other areas where landscaping is required by these rules and regulations.

The landscaping plan shall show the procedures for planting, specifying the soil preparation, loam depth, planting method, fertilizer, watering schedule and first year's maintenance.

The landscaping plan shall detail the layer structure of proposed new lawns, and include water retention barriers to achieve maximum water conservation.

[Added 3-31-2014; amended 4-28-2014]

No plant or tree species listed on the most current Massachusetts Prohibited Plant List shall be allowed.

[Added 3-31-2014; amended 4-28-2014]

Detailed design plan.

The purpose of the detailed design plan is to show the engineering and construction details of the proposed development.

The detailed design plan shall show the following:

North point.

Names of proposed streets.

Existing and proposed boundary lines and areas and dimensions of all proposed lots, including all angles on the property lines.

All existing and proposed easements, clearly identified and distinguished.

Zoning classification. If any zoning boundary (including overlay district boundary) occurs on the locus shown, it must be shown and clearly identified.

Names of all abutters, as determined from the most recent local tax list. If any newer information concerning ownership is known to the applicant, that must also be indicated. Any abutting land separated from the land being subdivided within the previous 10 years must be indicated. Any abutting land in which any party to the application (applicant, owner, engineer) has an interest, or has a family member with an interest, must be indicated.

Location, names and present widths of adjacent streets.

The location of all permanent monuments, including natural objects and surfaces such as waterways, natural drainage courses, large boulders or ledge outcroppings, stone walls, trees over 12 inches in diameter to be cut or at risk of being disturbed, etc.

Proposed layout of stormwater management structures, in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations, water supply, hydrants, manholes, common sewer disposal systems, their appurtenances and all easements thereto.

[Amended 4-29-2013]

Proposed grading of driveways and any other information concerning driveways that influence the storm drainage design.

Information satisfactory to the Board to accurately locate proposed streets, as well as their accurate connection with other existing streets in the vicinity.

The point or place of last approval by the Board and so shown on the plan and date so approved.

If the subdivision adjoins or commences from an accepted public way or private way it shall so be designated on the plan with date accepted, if a public way, or other pertinent information as the Planning Board may request for proper identification to said Board.

The location of all curbing and curb inlets.

The size and locations of existing storm drain facilities that the proposed new subdivision will tie into. These shall have been verified with the Highway Superintendent in advance.

The locations of all required basements as described in § 176-16K.

The locations of all required bounds.

The location of all existing and proposed streetlights.

(s)

The location of proposed mailboxes, along with height and dimension, sufficient to determine whether they may interfere with traffic visibility.

Erosion/sedimentation control plan. The erosion and sedimentation control plan shall conform to the current Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 8-19-2013]

Street plan and profiles.

For each street there shall be a separate layout plan and profile. The plan and profile for each individual street may appear on the same sheet.

The horizontal scale shall be one inch equals 40 feet.

The vertical scale shall be one inch equals four feet vertical.

The layout plan shall show the following:

Side lines.

Center lines, with elevations shown at every fifty-foot station.

Bearing and distance for each straight portion of the center line.

Widths.

Points of tangency and points of curvature.

Length of tangents.

Length of curves.

Intersection angles.

Radii of the curve.

Existing and proposed bounds.

All buildings, walks, walls, drives and other existing features within 100 feet of the side lines of such street.

The existing and proposed system of water supply, if applicable, including the location and elevation of water mains and their appurtenances.

The existing and proposed stormwater management system, including the location and elevation of all storm drains, sewers and their appurtenances, in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 8-19-2013; 2-24-2014]

All existing and proposed underground utilities, gas, electrical, cable television and telephone.

Existing and proposed walks and driveways.

Existing and proposed curbing and curb inlets.

Such other data as may be necessary to determine the location, direction and length of the street.

The profile plans shall show the following:

The existing center-line profile as a fine, black solid line.

The existing right side line as a fine black long dash line.

The existing left side line as a fine black short dash line.

The proposed center-line grades in heavy 0.04 inch lines, with the elevation indicated numerically every 50 feet, except that in vertical curves elevations shall be shown every 25 feet.

The rate of gradient shown numerically in percent.

Size and location of existing and proposed surface drains and their appurtenances, including proposed pipe sizes, slopes, rim and invert elevations.

The plan location and size of existing and proposed water mains, hydrants and main gate valves.

The location of proposed streetlights.

All intersecting walks and driveways.

Drainage, curbing and other engineering details.

The drainage, curbing and other engineering details shall show the plans of all drainage, curbing or other components in sufficient detail so as to enable our independent consultant to verify that they meet the Board's design standards, and, further, they shall contain sufficient detail to assure that the construction crews have adequate information for proper construction and installation.

§ 175-15 Required submissions for definitive subdivisions.

This shall include all catch basins, culverts, detention basins, retention ponds, fire cisterns, basements, rip-rap, etc., in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 8-19-2013]

Standard cross sections. A standard cross section must be shown for proposed street or streets in the development.

The required submissions shall contain the following, in this order:

A complete copy of the application form.

An overview statement.

Requested waivers.

A pro forma financial analysis.

A statement of other permits.

The proposed construction schedule.

The community impact statement.

Legal documents.

Soil test data.

A completed stormwater management permit application with all supporting documentation, utilizing best management practices as outlined in the current Townsend NPDES Phase II Stormwater Bylaw and associated regulations, or a copy of an existing stormwater permit.

[Amended 8-19-2015]

A statement relating the definitive to the preliminary (omit if no preliminary was filed).

A list of all bound markers to be installed.

A preliminary inspection schedule.

Photo reductions of all plans, reduced to 11 inches by 17 inches. Plans that are in color may be reproduced here in grey scale.

The first section of the required submission volume shall be a complete copy of the application, on official forms.

The overview statement shall be a prose statement, at most two pages, and shall describe the subdivision in general terms. It shall describe the current size and character of the property, the character of the immediate neighborhood, the number of lots and average size of lot proposed, anticipated character (e.g., entry level homes, upper middle class, diverse housing), the number of roads and length and a general description of the proposed stormwater plan.

[Amended 3-31-2014]

The requested waiver section shall begin with a summary list of all requested waivers, followed by the details for each waiver stating why that waiver satisfies the requirements of § 175-9C(1), and including a statement of the financial impact of the waiver upon the cost of the project. The Board may require additional information to substantiate such statements.

Pro forma financial analysis.

The purpose of the pro forma financial analysis is to assist the Board in evaluating any proposed performance guaranties, to guide the Board in judging the reasonableness of any conditions, to judge the financial risk of the project, to identify opportunities for affordable housing, to gauge the financial impact of the project on the Town and to provide general information to the Board that will assist in its various duties.

The pro forma financial analysis shall be in tabular format, followed by explanatory notes.

The pro forma financial analysis shall be consistent with any data furnished to other parties for the purpose of obtaining a loan or mortgage. It shall fairly account for the involvement of relatives or business partners, so as to reflect accurately and ethically the true revenue, costs and profits.

The pro forma analysis shall identify the assumptions concerning waivers that influence the data.

Where the development is to be done in phases, the pro forma analysis shall be organized in sections corresponding to those phases. Where a portion of land is retained and may be suitable for future development, a good faith estimate of the revenue, costs and profits of such future development shall be included.

Data shall be included for any properties separated from the subject property within the previous five years or for any property within 500 feet of the subject property in which the applicant or owner has an interest and that was developed within the previous five years or is available for development. Profit from such associated properties will factor into the reasonableness of conditions.

There shall be a revenue summary, showing the number of lots to be sold with buildings, anticipated average price and average square footage and total revenue, the number of lots to be sold undeveloped or partially developed, anticipated average price, any other anticipated revenue and total revenue, the acquisition cost of the property and the gross profit before development expenses (combined total revenue minus acquisition cost) available to cover expenses.

There shall be an expense summary, showing the anticipated engineering costs, anticipated legal fees, anticipated cost of construction of the roads and stormwater management structures, anticipated cost of required landscaping, average and total building cost (based on the number of lots to be sold with buildings indicated in the revenue summary), average and total site prep and construction cost for lots to be sold undeveloped or partially developed and anticipated other miscellaneous expenses.

[Amended 3-31-2014]

A detailed revenue analysis is required if any lots are to be sold with buildings or if the anticipated selling price of the most expensive lot exceeds 150% of the anticipated selling price of the least expensive lot. The detailed revenue analysis shall show the anticipated square footage of buildings and, for residential development, the anticipated number of rooms, number of bedrooms, number of baths and any extraordinary features. Lots may be grouped and averages used, provided that for each group the most expensive lot shall be at most 120% of the least expensive lot in the group.

A detailed expense analysis is required. It shall identify engineering, legal and other professional costs, attributing them to satisfying requirements of specific Town boards, other government agencies or other purposes. It shall show soil test costs separately from other engineering costs. It shall identify construction costs for roads and stormwater management structures, separating out material, labor and other costs. For material costs, each distinct material shall be identified, along with unit cost and total cost of that material. A similar analysis shall be done for landscaping costs for any landscaping required by the Board. For building construction, an average cost per square foot may be used if appropriate.

[Amended 3-31-2014]

The explanatory notes shall include the source of estimates, including the time frame on which they are based. For revenue, this may be recent sales by the applicant, estimates by a licensed real estate appraiser based on this area or estimates by a licensed real estate broker who conducts business in the Town. For expenses, the source may be recent experience of the applicant, recent bids obtained at arms length or estimates based on standard construction cost manuals adjusted for the region and inflation, including the details of such adjustments.

The explanatory notes shall show such additional information as the applicant deems useful or relevant, including all information that may influence the fair interpretation of this data.

Statement of other permits. The schedule of other permits shall list all other permits or other filings required for the project, along with the responsible government agency. The ordinary building permits for one structure per lot may be omitted from this list (but septic permits may not be omitted). For permits not yet issued, it shall show the anticipated or actual date of application and anticipated date of issuance. For permits that have been issued, it shall show the date of issuance and date of expiration, if any. If any such permit has conditions attached, then a copy of that permit shall be included [except that permits issued by the Conservation Commission or other environmental agency shall be in Subsection H(6)]. Anticipated dates may be relative to the approval of the subdivision by the Board (e.g. notice of intent to be filed with the Conservation Commission four weeks after the approval of the subdivision).

Construction schedule.

The construction schedule shall show the planned schedule for construction of all streets and other improvements. The starting date shall be described both relative to the issuance date of prerequisite permits and as a realistic anticipated start date (not a desired start date). It shall show the sequence of construction events and realistic construction times, with reasonable risks either factored in or described separately. When there are multiple streets or streets are to be constructed in segments, it shall show the sequence. It shall clearly identify all dependencies between construction activities and, in cases where the dependency is not obvious, the motivation for the dependency.

If any site preparation or building construction is to be done on any lot prior to the completion of all streets and other required improvements, then the schedule shall also show the schedule for such construction and, where possible, the relevant lot numbers.

When the construction schedule exceeds two years (from the start of construction), the schedule shall be broken into phases, each of which to be less than two years. The Board may require that construction of the public improvements for each phase be completed within the proposed time frame and that failure to do so may be grounds for rescission (automatic or otherwise) of the entire subdivision approval.

Where construction is to be done in phases, the various phases and relevant construction shall be identified. Any possibilities for overlap shall be indicated.

The construction schedule shall be based on a five-day workweek, with work limited to the hours of 7:00 a.m. to 5:00 p.m. Furthermore, the Board may restrict truck traffic into or out of the subdivision at times that school buses are picking up or dropping off students, with a thirty-minute window before and after the scheduled times, or make other restrictions as may be necessary to ensure the safety of school children.

Community impact statement.

The community impact statement shall clearly and methodically assess the relationship of the implementation of a proposed development to the natural and man-made environment of the Town, the Town's infrastructure and resources and the Town's Master Plan and related plans.

The elements of the statement shall be prepared by professionals licensed in Massachusetts to practice in their fields or, where no such licensing is applicable, by authorities recognized in their field as having reached a professional status.

To ensure the adequate preparation of this statement, it is strongly recommended that a draft statement be prepared and submitted with the preliminary plan.

The Board will consider waivers to reduce the scope of this statement for small projects on the basis of being unnecessary for such projects. However, the environmental permit status is required in all cases and will not be waived.

The community impact statement shall include a physical element, a transportation element, a public utility element, a community element, a socioeconomic element, an aesthetics element, a Master Plan element, a municipal benefit/cost element and a concluding section.

The physical element shall contain:

General ecology. The relation of the proposed development to the major botanical, zoological, geological and hydrological resources of the site shall be examined. Consideration of resources adjacent to the site shall be made, and consideration of any nearby existing or proposed areas dedicated to open space shall be made. Consideration shall also be given to rare or endangered species of plant and wildlife found on the site or for which the site may be particularly suitable.

Surface and subsurface water pollution. Impact of stormwater runoff on adjacent and downstream surface water bodies, and subsurface groundwater, and the water table shall be detailed in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations. Coordination with state and Town water quality agencies, including the Board of Health and Conservation Commission, is recommended.

[Amended 2-15-2013; 3-25-2013]

The Planning Board may require a hydrological study if it cannot be otherwise shown there will be no detrimental impacts to the water supply, such as the inadvertent drawdown of surrounding wells.

[Added 2-15-2013; amended 3-25-2013]

Soils. The potential dangers of erosion and sedimentation caused by both the construction, and the operation and maintenance of the proposed development and its alternatives shall be detailed. It shall also confirm the compatibility of existing soils with the proposed development.

[Amended 2-15-2013; 3-25-2013]

Environmental permit details. This shall include a copy of all permit applications or other filings made within the previous five years for this property with the Conservation Commission, the Natural Heritage and Endangered Species Program, or other government environmental agency at any level. This shall include such applications made with Conservation Commissions of abutting towns for any abutting property which at any time in the previous five years was held in common ownership with the subject property. This section shall also include any decisions reached as a result of such filings. If no filings have been made, but it is anticipated that the project will require a filing with the Conservation Commission, then a good faith draft application for all such filings shall be included and any required plans included with the subdivision plans.

[Amended 2-15-2013; 3-25-2013]

The transportation element shall contain:

Traffic generation. Existing traffic volume, composition, peak hour levels and street capacities shall be shown. Overall average daily traffic generation, composition, peak hour levels and directional flows shall be estimated. The methodology used to derive these data shall be included.

Street maintenance. Methods, responsibility and project cost to the Town shall be detailed. Coordination with the Highway Department is recommended.

The public utility element shall contain:

Water supply and distribution. The average daily and peak demand and method to supply the buildings on site, including sizes of mains, existing and proposed, where applicable. When public water supply is to be used, coordination with the Townsend Water Department is strongly recommended.

Storm drainage. The same data as required for the water supply and distribution item shall be provided, with explanations in lay terms. In addition, maintenance methods, responsibility and costs to the Town shall be detailed. Coordination with the Highway Department is recommended.

The community element shall contain:

Schools. The expected impact on the school system at pre-primary, primary and secondary levels, by type of housing (single-family, two-family, multifamily) and bedroom count. School bus routing changes, if necessary, shall be noted, with due regard for school system policy. Coordination with the Superintendent of Schools is recommended, particularly for large residential developments.

Police. The expected impact on police service, time and staffing needed to protect the development. If nonresidential, any provision for special alarms, warning devices or agents and other needs shall be presented. Coordination with the Police Department is recommended.

Fire. Expected fire protection needs, on-site fire-fighting capabilities, on-site alarm or other warning devices, fire-flow water needs, source and delivery system and other needs shall be presented. Coordination with the Fire Department is recommended.

Ambulance. Expected impact on ambulance needs shall be provided, including any special consideration for any senior citizen or other housing with special needs. For nonresidential development, any special risks should be noted.

Recreation. On-site and nearby recreation provisions shall be detailed. Off-site recreation demands shall be estimated. Provision for public open space shall be described.

Existing neighborhood land use. Compatibility with adjacent or nearby existing land uses, or approved or pending private development plans, if known. If not compatible, reasons therefor shall be detailed.

The socioeconomic element shall contain:

Population. For residential developments, the overall population, ranges in expected family size by housing type and bedroom count, ranges in expected income and other relevant social data shall be estimated.

Low/moderate income housing. In residential developments, provisions for low/moderate income housing shall be identified. State or federal proposed subsidies shall be identified. If no low/moderate income housing is proposed, then available subsidies, the potential of applying the Town's affordable housing zoning bylaw and potential tradeoffs with other requirements of these rules shall be identified.

Employment. For nonresidential developments, the number and types of job skills to be employed shall be detailed. Construction labor for the development shall be detailed separately from the permanent work force. Special shift considerations and the relationship to local labor resources and needs shall be shown. The relationship to the employment aspects of the Town's economic development plan shall be shown.

The aesthetics element shall contain:

Architecture. The style of architecture of the buildings shall be described, the relationship to prevailing styles for existing buildings and the compatibility with the function of the building and to the architecture of adjacent buildings.

Lighting. The type, design, location, function and intensity of all exterior lighting facilities shall be described. Attention given to safety, privacy, security and the Town's lighting zoning bylaw shall be detailed.

Landscaping. Provisions for landscaping shall be described, including type, location and function.

Visual. Attention given to existing and proposed views either into or from the site shall be described. Reference to relevant views identified in the Town's Master Plan shall be made.

The Master Plan element shall detail the compatibility with the established plans of record of the Planning Board, Conservation Commission, Highway Department and other Town, regional and state agencies.

The municipal benefit/cost element shall be an analysis of the net benefit or cost to the Town, in dollars, as complete as is practicable. This analysis shall follow standard and usual procedures and parameters for measuring both the benefits to be derived and costs to be incurred by the Town as a result of the proposed development. It will be helpful to provide one or more analyses for alternative uses to provide a basis for comparison. If the development is to be completed in phases, then there shall be a separate analysis for each phase.

The concluding section shall have sufficient detail to determine whether unavoidable impacts have been fully recognized, whether alternatives to the proposed development have been fully explored and whether all reasonable measures to minimize adverse or unavoidable impacts have been taken.

Legal documents.

The legal documents shall include a copy of the deed or deeds for the subject properties, a copy of all easements, covenants or other restrictions mentioned on the deeds, a copy of all liens against the property and copies of any purchase and sale agreements regarding the subject properties. In cases where the title, boundaries or other issues are in dispute, the Board may require the submission of a complete title search performed by a professional title examiner.

If the ownership of the property is in the name of a partnership, trust, corporation or any form other than individuals or jointly held by individuals, then the partnership, trust or corporate documents shall be shown, and such further documentation must be provided so as to show all parties having an interest in the property. This information is required to avoid conflicts of interest, breeches of ethics or other abuses.

Soil test data.

Soil test data shall be provided for each lot shown on the conventional layout and for each lot shown on the alternative layout, demonstrating that the lot meets all requirements for the installation of a septic system.

Soil test data shall be provided for all proposed streets, along the center line at two-hundred-foot intervals, and at cut sections and areas of questionable foundation material where the subsurface conditions may be, in the opinion of the Planning Board or its agent, factors affecting the quality and service life of the street. Test pits and borings shall be to a depth of at least five feet. Where borings are used, sample shall be taken at five-foot intervals and at each change in strata.

Soil test data shall be provided to establish the suitability of the stormwater management structures, including but not limited to tests in all proposed detention/retention basins.

[Amended 3-31-2014]

All other soil test data known to the applicant or the applicant's engineering firm for tests conducted within the previous six years or for permits currently valid shall be provided. The applicant shall contact the Board of Health or its agent to collect such applicable data as it may have on file. Where testing is known to have been performed but the actual data is unavailable, that shall be indicated in the notes to this section, with any known information concerning the success or failure of such tests.

In situations where there may be reason to believe that there may be harmful materials or contaminants in the soil, the Board may require such additional testing as may be appropriate.

The soil test data shall begin with a tabular summary, showing the number of tests of each type (perc, deep hole, roadway, etc.). If desired, tests performed by parties other than the applicant's engineering firm may be reported separately at this point. Other groupings or organization of data will be allowed if they provide a similar, meaningful overview.

For each grouping in the tabular summary, there shall be an additional table listing each soil test by label, the corresponding lot number, road site or other location information and a brief indication of results (e.g. pass, fail or other short phrase). To distinguish between the conventional and alternative layout lots, the former shall be indicated with a "CN-" prefix and the latter with an "AL-" prefix.

Next, the actual soil test logs shall be provided. In cases where the logs are illegible or unclear, the Board may require typed transcripts of such logs.

Drainage calculations. Drainage calculations prepared by a registered professional engineer shall be submitted in a suitable form to substantiate proposed drainpipe sizes and the effectiveness of all detention or retention basins or other drainage components and to substantiate that the plans meet the design standards of these rules. If necessary, additional plans shall be included bound with the required plans.

Statement relating to preliminary. If a preliminary subdivision was filed, then this statement shall address each condition, concern, modification, etc., made by either the Planning Board or the Board of Health in their respective decisions on the preliminary, describing and justifying the response made by the applicant.

The list of bound markers to be installed shall include all markers required by § 175-16G, along with any required by any applicable zoning special permit.

The inspection schedule shall list, in order, all required inspections, based on the submitted construction schedule.

§ 175-16 Design standards.

General.

The general design of all subdivisions shall be consistent with the goals of the Town's Master Plan and with the character of the immediate neighborhood. Design standards shall conform to the current Townsend NPDES Phase II Stormwater Bylaw and its associated regulations. Low-impact development techniques shall be evaluated and employed in all subdivisions and large-scale ANR (approval not required) plans. Should the developer choose not to include such mitigations, a statement shall be submitted to provide defensible reasons for that decision.

[Amended 3-25-2013; 3-31-2014]

Due regard shall be shown for all natural features, such as large trees, scenic points, historic spots and similar community assets which, if preserved, will add attractiveness and value to the subdivision. Where it is necessary to disturb an existing stone wall, the applicant may be required to reconstruct a stone wall of similar character and size elsewhere on the property. Proposed removal of a stone wall along the Town's right-of-way shall be subject to filing an application with the Planning Board pursuant to the Scenic Road Act. The cutting of trees greater than 20 inches in diameter is prohibited without permission of the Board. Location and placement of structures and ways shall be adapted to the existing topography in order to minimize the amount of soil removal, tree cutting and general disturbance to the landscape and surrounding properties.

[Amended 3-25-2013; 3-31-2014]

The use of herbicides or pesticides is prohibited. The use of fertilizer is allowed only for the purpose of establishing new plantings.

Before approval of a plan by the Planning Board, said Board shall also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air and not unreasonable in area in relation to the area of the land being subdivided and the prospective uses of such land, and if so determined said Board shall by appropriate endorsement on the plan require that no building may be erected on such park or parks for a period of not more than three years without its approval.

The Board, in general, will not approve plans having so-called reservation strips which would prevent further extension of developments, except in cases deemed by the Board to be beneficial to the Town.

The area outside the street lines of a development shall be sloped at the rate of two to one, two feet horizontally to one foot vertically to a point where it precisely coincides with the surrounding ground or the abutters' lawns or property. Six inches of loam shall be the minimum cover on all slopes. Slopes shall be planted with a suitable, maintenance-free ground cover, selected by a licensed landscape architect and chosen so as to successfully stabilize the area within one year. Alternatively, a landscaping plan prepared by a licensed landscape architect designed to restore the area to a natural, maintenance-free state consistent with abutting properties may be submitted. Whenever design standards outlined in the Stormwater Regulations differ in detail from the Planning Board Rules and Regulations, the more stringent shall be required.

[Amended 3-25-2013; 3-31-2014]

Retaining walls of stone, brick, reinforced concrete or other suitable material satisfactory to the Planning Board shall be constructed outside the street lines of a development where the final grade of the exterior street lines is above or below the grade of the adjacent land, to support the street or the adjacent land as the case may be, to a height as designated by said Board, if in the opinion of the Planning Board such retaining wall is necessary for the public interest and safety and protection of the abutters or the general public, in addition to the slope requirements as enumerated in Subsection A(6) of this section. The design of such retaining walls shall be done by a licensed landscape architect.

Streets.

Roads shall be designed to meet or exceed American Association of State Highway and Transportation Officials (AASHTO) standards for safety. However, the use of curvilinear design and other traffic calming features shall be used on residential roads in preference to wider roads. Where these rules specify provisions that exceed the AASHTO safety standards, these rules shall apply.

Minimum widths of roads, ways and streets shall be determined by the Board, and in no case shall the right-of-way width of any road, way or street be less than 40 feet.

Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60º.

Sight distances in feet at intersections shall be at least 11 times the numeric value of the speed limit in miles per hour. Sight distance shall be determined at a height of 3.5 feet above the ground at the center of the intersection. For intersections with existing ways, this shall be based on typical vegetation for the existing way, current structures and current setbacks. For new intersections of new ways, this shall be based on reasonable expectations for vegetation, both as planned and after completion of the subdivision. For new intersections of new ways, the speed limit for the purpose of this section shall be presumed to be at least 30 miles per hour unless it can be demonstrated to the satisfaction of the Planning Board that a lower speed is likely to be observed.

In extending a street where one width terminates and another commences, the adjustment of alignment shall be subject to approval of the Planning Board.

Street jogs with center-line offsets of less than 150 feet are prohibited.

The maximum grade for any street shall not exceed 9% in any part of its length, and the minimum shall be at least 0.75%, unless, in specific cases, the Board shall otherwise determine.

On any street where the grade exceeds 6.0% on the approach to an intersection, a leveling area with a slope of not more than 4.0% shall be provided for a distance of not less than 50 feet, measured from the nearest exterior line of the intersecting street.

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

The proposed center-line grade shall not be more than five feet above or below the existing center-line grade unless specifically authorized by the Board in unusual topographical circumstances.

Corners at street intersections shall be rounded or curved with a curve satisfactory to the Board, but in no case less than one with a twenty-five-foot radius at the property line, nor with a distance between points of tangents on intersecting streets less than 50 feet more than the width of the entering street.

The minimum center-line radii of curved streets shall be 100 feet. Greater radii may be required for major streets.

If any street does not extend through to another street, possible extension must be shown to the nearest proposed or constructed street, including streets proposed by other subdivisions approved or pending approval by the Board or, where appropriate, to a reasonable location for streets on abutting properties that have sufficient acreage to be subdivided in the future or may otherwise be expected to be available for future street construction. The Board may require such extension at the applicant's expense or, alternatively, an easement allowing for such future construction by the Town along with such funds as may be necessary to compensate the Town for such future construction.

If adjoining property is not subdivided, consideration shall be given to the possibilities of projection of proposed ways. Proposed ways shall be constructed and continue to the exterior boundary of the plan unless the Planning Board approves otherwise.

(15)

Streets may not be laid out to provide frontage or access to land that is not part of the subdivision in a manner that would allow new ANR lots to be created outside the subdivision.

(16)

Dead-end streets will not be permitted except where such dead-end streets are deemed by the Planning Board to be in the public interest. If dead-end streets are permitted they shall not be longer than 500 feet unless, in the opinion of the Board, a greater length is necessitated by topography or other local conditions. In any event, dead-end streets shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 110 feet and an outside property diameter of 120 feet and shall be increased, in specific cases, at the discretion of the Board, for the public interest. There shall be a circular landscaped island with a minimum radius of 30 feet, with the landscaping designed by a licensed landscape architect, using maintenance-free plantings. The outer six feet of such landscaped island shall be planted with low ground cover or other suitable plantings that can withstand the piling of snow from snowplowing. The Board may require a roadway easement from the end of the dead end consistent with the provisions of MGL c. 44, § 81Q for easements in turnarounds.

(17)

Loop streets having only a single outlet (not including dead-end streets connected to the loop) will not be permitted except where such loop streets are deemed by the Planning Board to be in the public interest.

(18)

More than one access street for entrance and exit into or out of the subdivision shall be provided on an existing way unless there is a finding by the Board that such additional street or streets are not necessary.

(19)

Streets shall be designed so that there are at least two nonintersecting paths out of the subdivision from any point on any street in the subdivision. Potential future streets may be used to meet this requirement, provided that there is a finding by the Board that there is a reasonable potential for such streets to actually be constructed.

(20)

Streets shall be laid out so as to intersect at intervals in a range of 600 feet to 1,200 feet in length, unless otherwise specified by the Planning Board, and only upon a finding that such distances are safe and in the public interest. Intersections with existing ways shall also be designed to meet this requirement, unless no such access is possible. In special instances, the Planning Board may approve an easement for a future street, in lieu of actual construction of a cross street.

(21)

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

(22)

Streets shall be designed so as to minimize traffic delays.

(23)

The applicant shall install stop signs, or other suitable traffic signage at all intersections, except where the Board finds that no signage is needed.

(24)

Where the physical condition or width of a public way from which a subdivision has its access is considered by the Board to be inadequate to carry the traffic expected to be generated by such subdivision, the Board may require the applicant to dedicate a strip of public way to a width at least commensurate with that required within the subdivision and to make physical improvements to the way and within the subdivision. Any such dedication of land for the purpose of way and any such work performed within such public way shall be made only with permission of the governmental agency having jurisdiction over such way, and all costs of any such widening or construction shall be borne by the applicant.

(25)

The applicant shall be responsible for the cost of any signage on existing public ways necessitated as a result of the new streets in the subdivision connecting with existing streets. Furthermore, the applicant shall be responsible for the cost of any improvements to existing intersections necessitated to ensure public safety as a result of the new streets, whether or not the new roads enter at such intersections.

(26)

Where public safety indicates that improvements should be made to an existing street that is not controlled by the Town, the applicant shall make a good faith effort to ensure that such improvements are made in a timely manner and, if necessary and equitable, at the applicant's expense. In the case of ways owned, maintained or otherwise controlled by the commonwealth, the Board reserves the right to delay the subdivision until such improvements can be made. If such improvements cannot be made, then the Board may impose such other lawful conditions, including alternative designs and limiting the size and scope, so as to ensure the public safety.

Sidewalks.

Sidewalks are required on both sides of roads constructed within the subdivision, as shown on the plan of "Typical Cross Section of Forty-, Fifty- or Sixty-Foot Street" included within these rules and regulations[1] and shall be of bituminous concrete. Where a portion of the subdivision is on an existing road, the applicant may be required to construct a sidewalk for that portion or, alternatively, at the discretion of the Board, grant the Town an easement for the purpose of constructing such sidewalk at a future date.

Editor's Note: See § 175-21.

Sidewalks shall be five feet in width, separated from the road by landscaped plots three feet wide.

At all intersections the sidewalks shall be constructed across the landscaped plot to the edge of the traveled way.

Landscaped plots.

Landscaped plots shall be designed by a licensed landscape architect.

Landscaped plots shall be planted with maintenance-free ground covers and with trees.

The landscaping plan shall specify maintenance free, long-lived plantings suitable for the neighborhood and expected sunlight. For residential developments where the surrounding character is wooded, suitable trees and shrubs shall be specified so as to maintain that character. Plantings shall be chosen with due regard for automobile exhaust and snowplowing. Where the character is to be more open, suitable ground cover may be used. Grass may only be used when it can be shown to require less maintenance and less use of fertilizers, pesticides, herbicides and other chemicals than other alternatives.

No plant or tree species listed on the most current Massachusetts Prohibited Plant List shall be allowed.

[Added 8-19-2013]

Drainage.

Storm drains, culverts and related installations, including catch basins, gutters and manholes, shall be installed as necessary to provide adequate disposal of surface water from all streets within the subdivision and adjacent land and so shown on a plan designed on the basis of a one-hundred-year storm. The definitive plan shall provide for recharging groundwater with pretreated (if applicable) stormwater in an amount equal to or exceeding predevelopment conditions. Stormwater management structures shall be employed to trap pollutants and pretreat peak stormwater flow into any off-site wetland, water body or stormwater management structures so that said flow will, in a ten-year and also a one-hundred-year storm, be no higher following development than it was previously. Subdivisions may not increase the peak rate and volume of stormwater flow or increase the contaminant burden from stormwater flows.

[Amended 8-19-2013]

The Board may authorize an increase following applicant demonstration that such increase will cause no environmental harm or damage to public or private property. Where the only method of drainage is via public or private property, the applicant shall furnish plans, obtain easements where necessary in the Town's behalf and assume all financial responsibility for drainage of the area. All stormwater management structures proposed shall utilize best management practices as outlined in the current Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 8-19-2013]

Lots shall be prepared and graded in such a manner that development of one shall not cause detrimental drainage on another. If provision is necessary to carry stormwater to or across a lot, an easement or drainage right-of-way of a minimum width of 20 feet and proper side slope of at least three to one (3:1) shall be provided. Stormwater management shall be designed in accordance with the specifications of the Townsend NPDES Phase II Stormwater Bylaw and associated regulations. Where required by the Stormwater Authority, the applicant shall furnish evidence as to any lot or lots for which adequate provision has been made for the proper drainage of surface and underground waters from such lot or lots.

[Amended 8-19-2013]

Retention ponds in residential subdivisions or near to residential areas are prohibited.

Proper connections shall be made with any existing drains in adjacent streets or easements. Where property adjacent to the subdivision is not subdivided, provision shall be made for proper projection of the stormwater management structures by continuing appropriate drains to the exterior boundaries of the subdivision at such size and grade as will allow for such projection.

[Amended 8-19-2013]

In no case shall less than twelve-inch pipe be used for surface water drainage, and such pipe shall be larger when deemed advisable by the Stormwater Authority.

[Amended 8-19-2013]

Catch basins shall be provided at changes in direction, and, as far as possible, the drain between catch basins shall be laid in a straight line. Maximum spacing of catch basins shall be 250 feet, unless otherwise authorized, in specific cases, by the Planning Board.

In specific cases of streets of 250 feet or less in length, drains and catch basins shall be installed and constructed by the applicant as designated by the Planning Board where, in its opinion, it is reasonably necessary for the public interest.

The stormwater management structures shall be laid out to the satisfaction of the Stormwater Authority, its engineering consultant, and the Highway Superintendent. The Stormwater Authority and Highway Superintendent shall require provision of such facilities and arrangements thereof as in their opinion is reasonably necessary. The installation of the stormwater management structures, including the methods of construction and the quality of materials used, shall conform to the then-current standard specifications of the Highway Department, and Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 8-19-2013]

Reinforced concrete or stone masonry headwalls shall be constructed by the developer where, in the opinion of the Planning Board, it is deemed necessary to help support the street or the adjacent land for the protection and safety of the general public or the adjacent property owner. The construction of such headwall shall conform to the then current standard specifications of the Superintendent of Highways.

At least four feet of cover shall be required over drains.

Catch basins shall be at least seven feet deep and four feet in diameter (inside measurements) and furnished with a proper casting approved by the Highway Superintendent.

Water and sewer systems.

Water mains, with hydrants, valves and other fittings, and common sewers, with manholes and other appurtenances, shall be constructed and installed within the subdivision as necessary to provide to all lots therein adequate sewage disposal and adequate water supply for domestic and fire protection use.

Proper connections shall be made with the existing public water and sewer systems. When property adjacent to the subdivision is not subdivided, provision shall be made for proper projections of the systems by continuing appropriate water and sewer mains to the exterior boundaries of the subdivision, at such size and grade as will allow for the projections.

Service connections for water and sewer from the main structures in the street to the exterior lines thereof shall be installed for each lot shown on the plan, whether or not there is a building thereon. Any deviation from this requirement necessitated by unusual topographical or technical difficulties must have the specific approval of the Planning Board.

All underground installations of water and common sewer systems, including surface water drains and their appurtenances, shall be installed and constructed by the applicant at the applicant's expense to the satisfaction of the Planning Board and Water Commissioners. Such Planning Board and Water Commissioners will require provisions of such facilities in size and arrangement thereof as in their opinion are reasonably necessary. The installation of water and common sewer systems, with their appurtenances, including the methods of construction and the quality of materials used, shall conform to the then current standard specifications of the Planning Board and Water Commissioners.

All such installations shall be under the direction and supervision of the Board's engineering consultant and the Highway Superintendent, including the establishment of grades and layout, at the expense of the applicant.

If a public water system, owned and maintained by the Townsend Water Department, is located within 2,000 feet of the center line of the roadway at the entrance to the new subdivision, following along a public road, all lots shall be connected to the public water system by the developer unless the Townsend Water Department specifies otherwise in writing. Design and installation of all water pipes, gate valves, hydrants, service connections and necessary fittings shall be in conformance with the rules, regulations and specifications of the Townsend Water Department. The distance measurement shall be in a straight line from the nearest public water to the nearest point of the subdivision as shown on a definitive plan and as determined by the Townsend Planning Board.

[Added 11-6-2006]

Public water systems for new subdivisions shall be governed by:

[Added 11-6-2006]

All connections to the water system shall be made in compliance with the Rules and Regulations of the Townsend Planning Board and the Rules, Regulations and Specifications of the Townsend Water Department.

Concurrent with the filing of an application for definitive subdivision approval, the developer shall file with the Townsend Water Department a copy of the subdivision plan showing in detail the proposed water mains, hydrants and other appurtenances. Once the plan is approved and recorded in the Middlesex South Registry of Deeds, the developer shall file a copy of the approved plan with the Townsend Water Department.

Before the applicant makes any water connections, a written agreement stating conditions required for the connection under § 175-16F(4), shall be signed by the Water Department and the applicant.

Any water main extension must be extended to a length necessary to have the future water service installed on a straight run from the street to the foundation of the structure on the lot to be served.

All areas where water pipe is to be installed within the subdivision will be brought to rough grade before the laying of any water pipe.

Upon receipt of approval by the Water Department to extend a water main to service new lots or subdivisions, the developer will be responsible to install the appropriate size service connections from the water main to the property line for all new and existing homes, or lots. Where full hot-top overlay is required to patch a water main extension trench on an existing way, the developer will be responsible to install temporary and permanent hot-top to conform with the requirements of the Townsend Highway Department.

[Added 11-6-2006]

Monuments; concrete or granite bounds. Reinforced concrete or granite bounds of not less than six inches by six inches by four feet, with a three-eighths-inch drill hole in the center, shall be set on both side lines at all points of change in direction or curvature of streets and points of tangent. They shall also be set at the intersection of the side lines and side lines of existing streets.

Streetlights.

Streetlights shall be installed at each intersection and spaced along the edge of the roadway in such a manner as to provide proper and adequate lighting for the entire roadway surface and shall meet the requirements of the Townsend General and Zoning Bylaws.

When the actual installation of streetlights is waived by the Board, the designs shall nevertheless take into account the possible future installation of streetlights, including the designation of their locations.

Street signs. Metal street signs approved and specified by the Planning Board and bearing the approved name of the street and cross street and mounted on metal posts shall be designed and installed at each intersection in such a manner that they cannot be moved or turned. There shall also be erected, on the same standard and immediately below the street sign, a sign, of such size as the Planning Board may deem necessary, reading "Private Way - Dangerous Passing."

Utilities.

All distribution systems must be provided under ground, including water mains, sewerage lines, gas lines, electrical and telephone service, transformers and cables.

Poles and associated structures provided for use for police and fire alarm boxes and any similar municipal equipment, including streetlighting, must be of a design approved by the Planning Board.

Easements.

Easements for water mains and their appurtenances, common sewers and their appurtenances, storm drains and their appurtenances and any other utilities across lots or centered on rear or side lot lines shall be provided by the developer where necessary and shall be at least 20 feet wide and shall be shown on the plan.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, the Board may require that a stormwater easement or drainage right-of-way be provided, of adequate width to conform substantially to the lines of such watercourse, drainageway, channel or stream to account for construction and necessary maintenance, and in accordance with the Townsend NPDES Phase II Stormwater Bylaw and associated regulations.

[Amended 8-19-2013]

Fire protection water supply regulations.

[Amended 11-6-2006]

General requirements.

The Townsend Fire Prevention Code shall be based on the National Fire Protection Agency Code.

Any residential development of four or more units, or any other development occurring within the Town of Townsend, that is more than 500 feet outside the current geographical area serviced by the municipal water system shall provide a water supply for Fire Department use.

In those areas where the extension of the municipal water system is technically unfeasible, the developer shall be required to provide a water supply for fire protection commensurate to the hazard, as approved by the Fire Chief or his designee.

Hydrant requirements.

Any development occurring within 500 feet of an existing water main shall extend the system to provide fire hydrants for fire protection purposes.

The installer shall furnish all the materials, which shall be new or first quality and shall conform to the Townsend Water Department specifications.

All workmanship and standards, including but not limited to the installation and connection of pipes and hydrants, excavation, backfilling and disposal of materials, shall conform to the Townsend Water Department specifications.

Traffic control, police requirements, detours and road closures on public ways shall conform to the Townsend Water Department specifications.

All public hydrants shall be tested and inspected by the Town of Townsend Water Department prior to acceptance.

All private hydrants shall be tested and inspected by the Townsend Fire Chief prior to acceptance.

No certificates of occupancy shall be issued until the hydrants are installed, tested, and accepted by the Fire Department.

Fire cistern requirements.

General requirements.

Fire cisterns shall be located no more than 750 feet as measured along the center line of a roadway or driveway, along the road from the furthermost lot within a development.

The design of the fire cistern shall be trouble-free for a design life expectation of 20 years.

The cistern capacity shall be calculated in accordance with Chapter 5 of the most recent edition of Standard 1231 of the National Fire Protection Association (NFPA). The capacity of the cistern will be based on the size of the largest home to be constructed within the development. However, no fire cistern shall be smaller than ten-thousand-gallon water capacity. All cisterns shall have both suction and filler pipes.

[4]

The design of the fire cistern shall be submitted to the Fire Chief for approval prior to construction. All plans must be signed and stamped by a structural or fire protection engineer registered in the State of Massachusetts.

[5]

The entire fire cistern shall be rated for H-20 highway loading unless specifically exempted by the Fire Chief or his designee.

[6]

Each cistern shall be sited to the particular location by a registered engineer and approved by the Fire Chief. All appropriate easements to the Town shall be in place prior to construction.

[7]

Precast concrete cisterns shall achieve a twenty-eight-day strength of 4,000 PSI.

[8]

The cast-in-place concrete shall be mixed, place and cured without the use of calcium chloride. Winter placement and curing shall follow the accepted American Concrete Institute (ACI) codes.

[9]

All suction, fill, and vent piping shall be American Society for Testing and Material (ASTM) Class 52 ductile iron.

[10]

All connections shall be clean and the appropriate sealing material used according to manufacturer's specifications so as to ensure all joints are airtight. All connections must be anchored to the cistern to resist movement.

Suction connection.

The suction connection shall be a steel, swiveled, threaded female connection 4.5 inches in diameter, with National Standard Thread (NST) and provided with a suitable lock cap.

The suction piping system shall be six inches in diameter and capable of delivering 1,000 gallons per minute, for three quarters of the cistern's rated capacity.

The suction pipe connection shall be between 20 inches and 24 inches above the level of the grade where the vehicle wheels will be located when the cistern is in use.

[4]

Suction piping shall be supported on top of the tank and to the bottom of the cistern with a space of eight inches from the floor of the tank.

[5]

The bottom of the suction pipe to the pumper connection shall not exceed 14 feet vertical distance.

[6]

The shoulder and vehicle pad should be of a sufficient length to permit convenient access to the suction connection when the pumper is set at 45° to the road.

[7]

The suction pipe connection shall terminate not more than eight feet from the edge of the pavement.

[8]

The pitch of shoulder and vehicle pad from edge of pavement to pumper suction connection shall be 1% to 5% downgrade.

[9]

All above-the-tank suction piping shall be pitched back to a gradient of approximately 1% towards the tank for proper drainage.

Filler connection.

The filler pipe shall be 4.5 inches in diameter with a lock cap.

The filler connection shall have one four-inch Storz connector with suitable cover attached to a forty-five-inch downward sweep elbow. The filler connection shall be supported vertically to the cistern.

The filler pipe connection shall be 36 inches above the final grade.

Vent pipe.

The vent pipe shall be eight inches in diameter.

The vent pipe shall terminate not less than 36 inches above the final grade, with the opening to the pipe facing downward.

Vent piping shall have screen covers installed to prevent access by wildlife.

Other requirements.

The entire cistern shall be completely piped and inspected by the Fire Chief or his designee prior to any backfilling being accomplished.

All backfill materials shall be screened gravel with no stone larger than 1.5 inches and shall be compacted to 95% ASTM 1557.

Bedding for the cistern shall consist of a minimum of 12 inches of .75 inch to 1.5 inch crushed washed stone, compacted. No fill shall be used under the stone.

[4]

The cistern shall be designed and installed so it will not float when empty.

[5]

The entire tank will be guaranteed to be watertight (leakproof) by the installer for one year. The installer shall be required to post a one-year bond in the amount of $5,000 per 10,000 gallons for maintenance and repair.

[6]

After backfilling, the cistern shall be protected by steel, concrete-filled, pipe bollards no less than eight inches in diameter set in the ground below the frost line, protecting all exposed piping from potential vehicular damage. Backfilling over the tank shall be:

[a]

Four feet of fill.

[b]

The top and highest two feet of the cistern shall be insulated with vermin-resistant foam insulation, and two feet of fill.

[c]

Backfill shall extend 10 feet beyond the edge of the cistern and then have a maximum 3:1 slope, loamed and seeded.

[7]

All cisterns shall be equipped with a thirty-two-inch watertight manhole with a blank cover that will accept a Knox padlock as specified by the Fire Chief. Access must be provided to all sections of the tank.

[8]

The installer is responsible for completely filling the cistern until accepted by the authority having jurisdiction; water level not to drop more than one inch in 24 hours initially and not more than one inch additionally in 30 days.

[9]

The installer is responsible to supply and install identification signs as directed by the Fire Chief or his designee.

[10]

No certificates of occupancy shall be issued until the cistern is installed, tested, and accepted by the Fire Department.

Dry hydrant requirements.

Dry hydrants shall be located no more than 750 feet as measured along the center line of a roadway or driveway, along the road from the furthermost lot within a development.

The design of the dry hydrants shall be designed to be as trouble-free as possible, with proper maintenance.

The dry hydrant water supply capacity shall be calculated in accordance with Appendix 8 of the most recent edition of Standard 1231 of the National Fire Protection Association (NFPA). However, no dry hydrant water supply shall be smaller than 30,000 gallons of water. The water supply capacity calculation shall be made by a professional engineer utilizing fifty-year drought records.

The suction piping system shall be eight inches in diameter and capable of delivering 1,000 gallons per minute.

The design of the dry hydrants shall be submitted to the Fire Chief for approval prior to construction. All plans must be signed by a professional engineer.

Each dry hydrant shall be sited to the particular location by a professional engineer and approved by the Fire Chief or his designee.

All piping shall be American Society for Testing and Material (ASTM) Class 52 ductile iron.

All connections shall be clean and the appropriate sealing material used according to manufacturer's specifications so as to ensure all joints are airtight.

The suction connection shall be a threaded female 4.5 inches in diameter, with National Standard Thread (NST), and provided with a suitable cap, with lock.

The entire dry hydrant shall be completely piped by the applicant and inspected by the Fire Chief or his designee prior to any backfilling being accomplished.

All backfill materials shall be screened gravel with no stone larger than 1.5 inches and shall be compacted to 95% ASTM 1557.

Bedding for the dry hydrant shall consist of a minimum of 12 inches of screened gravel with no stone larger than 1.5 inches compacted.

The suction pipe connection shall be between 20 inches and 24 inches above the level of the grade when the hydrant is in use.

The dry hydrant shall be protected by steel, concrete-filled, pipe bollards no less then eight inches in diameter set in the ground below the frost line, protecting all exposed piping from potential vehicular damage.

The end of the suction pipe shall be protected by a screen equipped with a removable or hinged cover.

The pitch of shoulder and vehicle pad from edge of pavement to pumper suction connection shall be 1% to 5% downgrade.

The shoulder and vehicle pad should be of a sufficient length to permit convenient access to the suction connection when the pumper is set at 45° to the road.

The suction pipe connection shall terminate not more than eight feet from the edge of the pavement.

Signage.

The installer is responsible to supply and install signage as directed by the Fire Chief.

Cistern signs must be made after the cistern has been inspected and accepted by the Townsend Fire Chief or his designee.

Sign will reflect the gallonage and the Townsend Fire Department assigned site number.

Sign dimensions will be 12 inches by 18 inches.

§ 175-17 Construction standards for required improvements.

Sign will be permanently installed at a height of 80 inches (to top of sign).

Streets.

All streets within a subdivision shall be constructed in conformity with the typical cross section and profiles as shown on the final approved subdivision plan and shall not deviate from said plan without special and specific permission, in writing, of the Planning Board.

All stumps, brush, roots, boulders, trees not intended for preservation, loam, soft material or such shall be stripped from the line of the road for its full length and width, to a depth of four feet of the finished subgrade or as otherwise designated by the Highway Superintendent. No soft or inferior material shall be used below subgrade, and the subgrade shall be thoroughly compacted before applying the gravel surface. The subgrade shall be thoroughly compacted with 10 inches of good binding gravel and a coating of two-inch binding crushed bank gravel.

All drains, gas lines, underground electric conduits or services, common sewer and water facilities shall be installed before installation of Class I bituminous concrete pavement Type I-1.

The gravel subbase shall be penetrated with T-3 at the rate of 1/2 gallon per square yard or other equivalent material approved by the Planning Board and Superintendent of Highways.

Class I bituminous concrete pavement Type I-1. This type of pavement shall be composed of mineral aggregate, mineral filler and bituminous material, plant mixed and laid hot.

The bituminous concrete pavement shall be laid in two courses, namely standard bottom (binder) course and standard top course with a finished pavement depth of three inches.

Standard bottom (binder) course shall be two inches thick after rolling, constructed upon the penetrated gravel base as specified in Subsection A(2) and (4) heretofore mentioned. Standard top course shall be one inch thick after rolling. All such construction shall conform to lines, grades and typical cross section shown on approved plan.

In no case shall the surface be laid until the subbase shall have been inspected and approved by the Superintendent of Highways or his designee.

Methods of construction and the quality of materials used shall conform to the specifications of Section B-18 of Class I Bituminous Concrete Pavement Type I-1 Standard Specifications for Highways and Bridges of the Massachusetts Department of Public Works currently in effect.

Wherever bituminous concrete, cement concrete or granite curbing is constructed, Class I bituminous concrete pavement Type I-1 shall be 26 feet wide on a forty-foot-wide right-of-way, 36 feet wide on a fifty-foot-wide right-of-way and 46 feet wide on a sixty-foot-wide right-of-way, with gravel base and penetration as required in their respective road construction to provide proper subbase for curbing.

[Amended 11-6-2006]

Drains and catch basins shall be installed as shown on the approved plan, and outlet drainage rights shall be secured by the applicant for the Town. At least four feet of cover shall be required over drains. Catch basins shall be at least seven feet deep and four feet in diameter (inside measurements) and furnished with a proper casting approved by the Superintendent of Highways. Drains and catch basins shall not be backfilled or covered until inspected and approved by the Superintendent of Highways or his designate.

The finished pavement shall be kept intact for a period of five years following the date of its completion, and no excavation shall be permitted through the pavement except in the case of an extreme emergency or when, in the opinion of the Board, such excavation through pavement would be in the interest of the public.

In the event that an excavation through the pavement is made, the pavement shall be cut clean and in a straight line by means of an asphalt cutting saw or other approved asphalt cutting devices. The filled excavation shall be compacted in lifts not to exceed one foot in depth, by means of a vibratory tamper or vibratory roller, and shall be compacted to a density equal to that of the surrounding roadway, and the backfill shall consist of clean bank-run binding gravel brought to within three inches of the finished grade. The cut edges of the original pavement shall be painted with hot liquid asphalt, and a binder course of two inches of Type I bituminous concrete and a surface course of one inch of Type I bituminous concrete, both after compaction, shall be placed to make the pavement intact again. All cuts shall then be sealed with an approved asphalt joint sealer.

[Amended 11-6-2006]

Sidewalks.

Sidewalks and landscaped plot slopes shall be sloped 1/4 inch to the foot toward the gutter from the property line. The subbase shall be at least six inches of good gravel or crushed stone after being thoroughly compacted.

Bituminous concrete shall be laid in two courses, namely base course and top course. Base course shall consist of a Class I-1 binder and shall be one inch thick after rolling. In no case shall the surface be laid until the subbase shall have been inspected and approved.

All areas between the curblines of the roadways and the inside lines of the required sidewalks as shown and designated on the typical cross section shall be loamed with not less than eight inches of good quality loam and planted in accordance with the landscaping plan.

Landscaped areas. Landscaped areas shall be loamed with at least eight inches of good quality loam, prepared according to the landscape architect's plan and procedures.

Aprons. The apron shall be constructed the same as sidewalks with three inches of bituminous concrete after compaction. The slope shall be two inches in a distance of five feet from the property line towards the street. In no case shall the surface be laid until the subbase shall have been inspected and approved by the Superintendent of Highways or his designee.

Curbing.

All ways shall have the gutter lines for their entire length curbed with granite curbing, vertical or sloped as determined by the Planning Board, to protect adjacent land from erosion, facilitate cleaning and prevent encroachment of vehicles. Granite curbing shall be constructed and conform to the Massachusetts Highway Department (MHD) current standard specifications for granite curbing. No deviation from such specifications shall be made without special and specific permission, in writing, of the Stormwater Authority.

[Amended 11-6-2006; 8-19-2013]

The Planning Board may require the installation of cement concrete or granite curbing within a subdivision or any part thereof when in its opinion such type curbing is reasonably necessary to prevent damage thereto by snow removal equipment, or any other type of equipment or vehicles, for the public interest.

Standard cement concrete or granite curb inlets shall be installed at the back gutter line of all catch basins, unless otherwise designated by the Town Highway Superintendent and Stormwater Authority.

[Amended 8-19-2013]

In consideration of low-impact development preferences, the Planning Board may waive or modify requirements for curbing.

[Added 8-19-2013]

Curbing and curb inlet requirements shall conform to the MHD standard specifications and approved by the Highway Superintendent of the Town. Granite curbing shall not be laid until the subbase has been inspected by the Superintendent of Highways or the Town Engineer or their designated representative.

[Amended 11-6-2006]

Monuments; concrete or granite bounds.

Bounds shall be set in bank gravel with their tops at the proposed finished surface grade to the satisfaction of the Highway Superintendent and the Planning Board.

Certification, in writing, shall be made by the registered engineer for the developer to the Highway Superintendent and the Planning Board that the bounds have been properly set in accordance with the approved plan and rules and regulations of the Planning Board.

Protection of utilities. The applicant shall protect all utilities and appurtenances installed under these rules and regulations from any and all damage until the entire subdivision is completed and approved as a whole by the Planning Board. Any damage to these utilities and appurtenances prior to the approval by the Planning Board shall be repaired in a manner satisfactory to the Planning Board, the full cost of which shall be borne by the applicant. Any material used which does not meet the Town's standards shall be replaced at the applicant's expense.

§ 175-18 Inspections.

The subbase of roads, sidewalks, aprons and curbs shall be inspected and approved by the Highway Superintendent and the Board's consulting engineer prior to laying the surface.

Drains and catch basins shall be inspected and approved by the Highway Superintendent and the Board's consulting engineer prior to backfilling.

Inspections by the Highway Department shall require notice in writing received by the Highway Department at least two full business days prior to the required inspection. The applicant is responsible for knowing the Department's business schedule.

Inspection by the Board's consulting engineer shall require notice in writing received by the consulting engineer, and a copy received by the Town, at least seven business days prior to the required inspection.

The Board may establish the order of the required inspections and will require satisfactory completion of one step before the applicant proceeds to the next. It may require tests to be done by the applicant at his expense as a condition for approval when in the opinion of the Board it is advisable.

Approval for backfilling will not constitute final approval of the utility until such lines are properly pressure tested, in the case of water main installation.

It shall be the responsibility of the applicant to see that all the proper forms are properly filled out and properly signed and returned to the Planning Board subsequent to each inspection.

Failure to comply with the inspection procedure may necessitate removal of improvements at the expense of the applicant or rescission of the approval of the plan in accord with MGL c. 41, § 81W.

The following scheduled inspections shall be required in all subdivisions during the installation of the required improvements:

Marking of trees to be preserved in the street rights-of-way.

Satisfactory clearing and grubbing of the proposed paved areas, embankments and trimmed slopes of each street.

Satisfactory excavation of street and subgrade preparation.

Satisfactory installation of all mechanisms to prevent erosion and contain siltation.

Satisfactory installation of drainage pipes, conduits, catch basins, manholes and other below-grade facilities.

Satisfactory installation of utility pipes and conduits located under street and sidewalk locations.

Satisfactory filling, grading and compaction of the street and sidewalk subgrades.

Satisfactory installation of sloped granite edging at catch basins and at street intersections.

Satisfactory placement and compaction of gravel base for streets.

Satisfactory installation of underground electric, telephone and other services.

Satisfactory installation of catch basins and manhole frames, headwalls, rip-rapping and measures to prevent erosion.

Satisfactory placement of bituminous binder course on streets.

Satisfactory placement of bituminous finish course on streets.

§ 175-20 Modification, suspension and rescission.

Satisfactory construction of sidewalks.

(15)

Satisfactory installation of streetlights, if required.

(16)

Satisfactory loaming, grading and planting of landscaped areas.

(17)

Satisfactory installation of street signs.

(18)

Satisfactory installation of street trees where required.

(19)

Satisfactory installation of monuments.

(20)

Satisfactory cleanup.

(21)

Satisfactory maintenance.

§ 175-19 Performance guaranties.

After approving a definitive plan, but prior to endorsing it, the applicant must provide a performance guaranty consistent with the Subdivision Control Law, these rules and regulations and the conditions of the decision.

There is no base fee for processing the initial performance guaranty. If the proposed guaranty involves more than one of the methods allowed under the Subdivision Control Law, there is a supplemental fee of $150 to cover the additional review required to coordinate the multiple methods. There is a supplemental fee, detailed below, for some of the methods, associated with their greater costs of processing. The Board may require the use of consultants, at the applicant's expense through the 53G account, for technical or legal review.

After approving the initial form of the performance guaranty, the applicant may request a change to such form. The fee for processing such a change is $200, plus the fees that would have been required if this were the original request.

Before approving the initial performance guaranty, and as part of the application for any changes, the applicant shall furnish eight copies of an updated pro forma analysis, taking into account any conditions on the subdivision approval, any changes in circumstances, inflation and any other changes in current economic or market conditions. Said pro forma shall include at least $100 for each boundary marker to be installed.

The pro forma analysis will be reviewed by the Board's consultant, at the applicant's expense. It will also be reviewed by the Board, the Highway Superintendent, the Fire Chief, the Board of Health, the Conservation Commission and other parties that in the Board's opinion may contribute to the review. Any omissions identified by any reviewer will require an updated pro forma before approval of the performance guaranty.

The dollar amount of any performance guaranty, whether bond, cash, securities or loan guaranty, will be determined as follows. The expense portion of the most recent pro forma will be used as a baseline. Any expense shown may be increased by the Highway Superintendent, the Board's consultant or the Board based on a reasonable determination that the amount proposed was too low. In all cases, the expenses will be judged on the basis of the ability of the Town to obtain such prices, should it be necessary for the Town to complete the improvements. This amount may be increased by the Board if there are specific risks, peculiar to the circumstances of the property or to the construction methods or processes. Examples include risk of damage to wetlands that may need to be restored, damage to specimen tires, stone walls or other objects or areas identified for preservation, etc. This amount will then be adjusted to account for inflation to a point in time three months beyond the proposed completion date (six months if the total performance guaranty exceeds $100,000). This adjusted amount will be multiplied by 1.25 to account for general contingencies.

Any amount secured by a proper bond shall require a supplemental fee of $500 to cover the cost of legal review and may require consulting fees should outside review be necessary. Such bond shall be issued by a company licensed to do business in Massachusetts, being a member in good standing of the Surety Association of America or other such independent professional organization dedicated to the professionalism and integrity of the industry. Further, such company shall have an A.M. Best rating of A or better or other independent verification of its financial stability. The bond shall be for a period extending at least three months beyond the proposed completion date and shall further require that it remain in effect until released according to the provisions of these rules and regulations.

Any amount secured by deposit of moneys shall be deposited in an account in the Town's name, subject to the review by Town Counsel. Any amount secured by negotiable securities shall be increased over and above the amount determined by Subsection F to account for any risk associated with such securities. The amount of this increase shall be at least 20% and may be more at the discretion of the Board. Further, amounts secured by negotiable securities shall require a supplemental fee of $500 to cover the increased administrative costs. Said amount shall be deposited in such a manner as to allow the Town, without consulting with the applicant, to transform the securities into cash should their market value decrease below the required amount.

If any portion is to be secured by a covenant as described as Method 3 in MGL c. 41, § 81U, then the wording of such covenant shall be approved by Town Counsel prior to recording. The applicant must then provide evidence to the Board that the covenant has been properly recorded prior to the approval of such guaranty by the Board. There shall be a supplemental fee of $200 to cover the cost of Town Counsel's review plus $100 per year of duration to cover the cost of verifying the conditions of the covenant, plus a consulting fee of $200 per year to cover the cost of the title search necessary to ensure annually that no portion of the property has been conveyed in violation of these provisions.

If any portion is to be secured by an agreement with a lender as described in Method 4 in MGL c. 41, § 81U, then the wording of such agreement shall be subject to the approval of Town Counsel. The lender shall be licensed to write such loans in Massachusetts. Three copies of all documents provided by the applicant to the lender or by the lender to the applicant relating to this loan shall be provided to the Board.

The applicant may, from time to time, request a reduction in the amount secured by bond, deposit or agreement with the lender. There is an application fee of $200 for such requests. Such application shall be by registered or certified mail to the Board. The applicant shall provide an updated pro forma, showing actual versus expected costs for those parts of the subdivision already completed, recasting the pro forma in more detail if necessary, and the amount to be secured shall be calculated on that updated data. The Board may require receipts, canceled checks or other evidence for questionable costs and may require financial records to demonstrate that there are no omitted costs. The applicant shall also provide evidence as described in Subsection M that the specific improvements on which the reduction is based are complete. The applicant shall provide a list of names and addresses of all parties owning property within the subdivision or with whom the applicant has an agreement to sell property within the subdivision. The Board shall notify such parties by mail prior to the release or reduction of amount secured.

For properties secured by covenant, the applicant may request from time to time the release of such properties. The application fee for this request is $100 for up to four lots in one application, plus $25 per lot for each additional lot in the same application. The applicant shall provide an updated pro forma, showing actual versus expected costs for those parts of the subdivision already completed, recasting the pro forma in more detail if necessary. The Board may require receipts, canceled checks or other evidence for questionable costs and may require financial records to demonstrate that there are no omitted costs. The applicant shall provide a list of names and addresses of all parties owning property within the subdivision or with whom the applicant has an agreement to sell property within the subdivision. The Board shall notify such parties by mail prior to the release of lots. Any release of lots is contingent upon evidence, as described in Subsection M, that the ways and public services to said lots are complete, and, further, only upon a finding by the Board that the completed portion provides a reasonable and safe system for circulation and utilities pending completion of the rest.

Evidence of completion of ways and utilities must, at a minimum, include written statements from both the Highway Superintendent and the Board's engineering contractor confirming that all required inspections were done and that the work was done in conformance with the Board's rules and regulations, the conditions of approval and sound engineering and construction practices. For the installation of bounds, evidence shall be a certificate signed and sealed by a registered land surveyor certifying that bounds have been accurately installed.

Prior to releasing the final performance guaranty, the applicant must provide six complete sets of as-built plans and profiles. These shall be corrected and certified by the engineer or surveyor to show the actual as-built locations and grades of all utilities, roadway profiles and any changes authorized by the Planning Board.

Any subdivision approved under these rules and regulations may be modified, suspended or rescinded in accordance with MGL c. 41, § 81W.

The Board may include provisions for automatic rescission. Ways not completed at the time of such rescission in accordance with the conditions of the approval shall not be treated as ways previously approved under the Subdivision Control Law.

When the applicant requests a modification after approval of a subdivision application, it shall generally be handled with the same process as new applications. The same fee structure shall apply however, the Planning Board may impose a fee of $300 and $50 per lot. The initial consulting fee is not required, but the Board may establish a consulting fee subsequent to receiving the application. Said fee must be paid within one week.

[Amended 9-27-2010]

The applicant or successor may make such changes to the layout as are allowed under MGL c. 41, § 81O, except that OSPD and OSMD developments will normally be prohibited by the terms of the associated special permit from making such changes. When such changes are made, they may not affect any of the drainage calculations or designs, road design or safety standards or otherwise cause the subdivision to be in violation of these rules and regulations.

§ 175-21 Layout and acceptance of ways.

The acceptance of a way as a Town way is a separate process only indirectly related to subdivision approval.

The process for submitting a street for acceptance is as follows:

Submit a petition to the Selectmen to put the question on the next Town Meeting warrant, according to their rules and procedures. This submission must, at a minimum, contain six complete sets of plans of the road (separate and distinct from the as-built plans described above). The Planning Board's fee for this application is $250, to cover the costs associated with the public hearing and report. This amount is over and above any fee charged by the Selectmen.

The Board will schedule a public hearing after being notified of the acceptance of your petition by the Selectmen. You and all abutters will be notified.

Subsequent to the Board's hearing, the Board will submit a report to the Selectmen. The Selectmen will schedule their own hearing, after which they will decide whether or not to put the request on the warrant and whether or not to recommend acceptance. (Note that it is possible to prepare petitions with enough signatures to force the item on the warrant.)