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Subdivision Rules & Regulations Chapter 300, SUBDIVISION OF LAND With most recent amendments adopted February 1, 1999. ARTICLE I, Authority § 300-1. Statutory authority; adoption. Under the authority vested in the Planning Board of the Town of Franklin by M.G.L.A. C. 41, § 81-Q, said Board hereby adopts these rules and regulations governing the subdivision of land in the Town of Franklin by vote dated September 29, 1986, which will become effective when duly recorded as required by law. ARTICLE II, General Provisions § 300-2. Definitions. As used in these regulations, the following terms shall have the meanings indicated: AASHTO: American Association of State Highway and Transportation Officials. BOARD -- The Planning Board of the Town of Franklin. DEAD-END STREET: A permanent or temporary street to provide sole access to and from an existing or proposed through street. This category is meant to include, but not be limited to cul-de-sacs and hammerhead turn-arounds. DEPARTMENT STANDARDS AND SPECIFICATIONS: The Standard Specifications for highways and Bridges of the Massachusetts Department of Public Works, dated 1973, including all revisions thereto and the Construction Standards of 1977 of the Massachusetts Department of Public Works, as most recently amended. FRONTAGE: For the purposes of these regulations, physical access, or the demonstrated feasibility for physical access, to a property from a street designed for such purposes. ITE: Institute of Traffic Engineers. LAYOUT: The full strip of land designated as a way or street as distinguished from the roadway. A way. NFPA: National Fire Protection Association. RESIDENTIAL SUBDIVISION -- A subdivision, no part of which lies within the Commercial, Business or Industrial Districts established by the Franklin Zoning Bylaw. ROADWAY -- The area within the limits of the traveled way. SUBDIVISION -- The division of a tract of land into two (2) or more lots in such a manner as to require provision for one (1) or more new ways, not in existence when the Subdivision Control Law became effective in the Town of Franklin, to furnish access for vehicular traffic to one (1) or more of such lots, and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two (2) or more lots shall not be deemed to constitute a "subdivision" within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on a public way, or a way shown on a plan theretofore approved in accordance with the Subdivision Control Law, of at least such distance as is then required by zoning or other ordinance or bylaw, if any, of said city or town for erection of a building on such lot and, if no distance is so required, has such frontage of at least twenty (20) feet. Conveyances or other instruments adding to, taking away from or changing the size and shape of lots in such a manner as not to leave any lot so affected without the frontage above set forth or the division of a tract of land, on which two (2) or more buildings were standing when the Subdivision Control Law went into effect in the city or town in which the land lies, into separate lots on each of which one (1) of such buildings remains standing shall not constitute a "subdivision." SUBDIVISION CONTROL -- The power of regulating the subdivision of land granted by the Subdivision Control Law. THROUGH STREET: A street within or outside of the boundaries of a subdivision with a minimum of two (2) points of egress on which vehicular traffic is given preferential right of way and intersecting subdivision streets are required to yield the right of way in obedience to a stop sign, yield sign or other traffic control device. Other words shall have the meaning assigned to them in the Subdivision Control Law and the Franklin Zoning Bylaw. § 300-3. Plan necessity; approval or endorsement. Only those plans which constitute subdivisions, as that term is defined in § 300-2, require the approval of the Planning Board. However, all plans, whether subdivisions within the meaning of the law or not, must have either approval as a subdivision or endorsement that they do not require approval before they will be accepted for recording at the Registry of Deeds or for registering at the Land Court. § 300-4. Definitive plan required. No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land within the town or proceed with the improvement or sale of lots in a subdivision or the construction of ways or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided. § 300-5. Compliance with zoning required. No subdivision plan shall be approved unless all the lots located therein comply with the Town of Franklin Zoning Bylaw in effect at the time of plan submittal. § 300-6. Plan believed not to require approval. A. 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 his plan, Certificate of Ownership (see Appendix) and application Form A (see Appendix) to the Planning Board, accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application and a filing fee as established in Chapter 82, Fees, of the Code of the Town of Franklin. B. The plan shall be a digital submission on AutoCAD Release 14 (or any subsequent release which the Franklin Department of Public Works adopts) as described in § 300-8 (I)(1)(a). C. Plan Contents. The Plan shall be legibly drawn at a scale of one inch equals forty feet and contain the following: (1) Identification of the plan by name of owner of record and location of land in question, the scale, north point and date. (2) The statement "Approval Under Subdivision Control Law Not Required" and sufficient space for the date and signature(s) of the Board. (3) Zoning classification and location of any zoning district boundaries that may lie within the locus of the plan. The Assessor's map, block and lot numbers shall be shown. (4) Notice of any proceedings and copies of decisions by the Zoning Board of Appeals, including but not limited to Special Permits and Variances, regarding the land or any buildings thereon. (5) In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown. (6) Names and status of public or private street(s) and easements to include the construction materials of the street(s), the width of the layout of the street or easement. (7) Location of all existing buildings, including setbacks on the land under consideration. (8) Location of all bounds on land under consideration. (9) Location of all wetland resource areas on the land under consideration. (10) All plans shall be annotated above the signature block with the following statement: "Planning Board endorsement is not a determination as to conformance with the Zoning Bylaw." D. If the majority of the members of the Board determines that the plan does not require approval, the Board shall forthwith, without a public hearing, endorse on the plan the words "Planning Board Approval Under the Subdivision Control Law Not Required." The endorsed plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action, both within twenty-one (21) days of submittal of the plan. E. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within twenty-one (21) days of submittal of the plan, so notify both the applicant and the Town Clerk and return the plan to the applicant. F. The Applicant shall file the approved plan at the Registry of Deeds and shall notify the Board by presenting written evidence of recording of said plan documents within six (6) months of approval. ARTICLE III, Plan Submission and Approval Procedure § 300-7. Preliminary plan. A. General. A preliminary plan must be submitted for any proposed nonresidential subdivision and may be submitted for any proposed residential subdivision. The submission of such a preliminary plan will enable the subdivider, the Board and other municipal agencies and owners of property abutting the subdivision to discuss and clarify the problems of such subdivision before a definitive plan is prepared. Therefore, it is strongly recommended that a preliminary plan be filed in every case. B. Submittals. (1) Planning Board submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Planning Board: (a) An application (Form B). (b) Twelve (12) copies of the preliminary plan. (c) A filing fee as established in Chapter 82, Fees, plus a per-lot fee as established in Chapter 82, Fees, of the Code of the Town of Franklin. d. If required by the Planning Board, a Consultant Review Fee as established in § 300-18. (2) Board of Health submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Board of Health: (a) A copy of the application (Form B). (b) One (1) print of the preliminary plan. (3) Town Clerk submittals. Any person who seeks approval of a preliminary plan of a subdivision shall submit to the Town Clerk, by delivery or certified mail, a copy of the application (Form B) and the preliminary plan as now required. (4) Other. In addition to those items required to be submitted, it is requested that the following be furnished: (a) A locus plan of the subdivision, showing its street configuration in relation to the surrounding area within one thousand six hundred (1,600) feet of the perimeter of the subdivision and to zoning district boundaries, at a scale of one (1) inch equals eight hundred (800) feet. (b) In the case of a subdivision covering less than all of the land owned by the subdivider in the area of the subdivision, a plan showing in a general manner that proposed overall development of all of said land. (c) Preliminary findings, in a general way, of the environmental analysis, if expected to be required. (5) Completeness review. The Planning Board's designee will be responsible for ensuring the completeness of all preliminary plan applications, and shall notify all applicants of any deficiencies with their preliminary plan application within seven (7) days of submission to the Planning Board. Applicants should be advised that failure to submit or provide any required item shall be deemed a deficiency, and the Board may act to deny the application based on its technical deficiencies. Submissions pertaining to 300-7 B. (1) (d) Consultant Review Fee are not required prior to application acceptance. A. Plan contents. Said preliminary plan should show sufficient information about the subdivision to form a clear basis for discussion of its problems and for the preparation of the definitive plan and shall show: (1) The subdivision name, boundaries, North point, date, scale, legend and the title "Preliminary Plan." (2) The name and address of the record owner, applicant, registered engineer and registered surveyor. (3) The names of all abutters within three hundred feet of the property from the most recent tax list. (4) Existing and proposed lines of streets, ways, easements and any public or common areas within the subdivision, in a general manner. (5) The proposed system of drainage, including adjacent existing natural waterways, in a general manner. (6) The approximate boundary lines of proposed lots, with approximate areas and dimensions. (7) The location, names, widths and condition of adjacent streets approaching or near the subdivision. (8) Topography at two-foot intervals and approximate location of any wetlands (as defined by MGL C.131, S. 40) to include all abutting parcels within 100 feet. B. Approval. Before approval of the preliminary plan, a public hearing will be held by the Planning Board. Notice of such hearing shall be given by the Board by advertisement in a newspaper of general circulation in the town fourteen (14) days before the day of the public hearing. A copy of said notice shall be mailed to the applicant and all owners within three hundred (300) feet of the subdivision as appears on the most recent tax list. Within forty-five (45) days after the date of submission of a preliminary plan, the Planning Board shall notify the applicant and the Town Clerk either that the plan has been approved or that the plan has been approved with modification suggested by the Board or agreed upon by the person submitting the plan or that the plan has been disapproved. In the case of disapproval, the Planning Board shall state, in detail, its reasons therefore in accordance with Section 81-S of the Subdivision Control Law. Such approval does not constitute approval of a subdivision, but does facilitate the procedure in securing final approval of the definitive plan. § 300-8. Definitive plan. A. Submittals. (1) Planning Board submittals. Any person who desires approval of a definitive plan of a subdivision shall submit fourteen (14) copies of the following to the Planning Board: (a) The definitive plan, as described at Subsection B of this section. The original definitive plan drawing will only be needed if and when the actual signing of the plan takes place. (b) Street plans and profiles of every proposed street, as described at Subsection C of this section. (c) At the same scale as the definitive plan, a development plan of the premises plus adjoining land within three hundred (300) feet of the property line. The development plan shall show topography at two-foot intervals, graphic drainage analysis, including distinction between upland and wetland (as defined by MGL C. 131, § 40 and the Franklin Wetland Bylaw) and location of tree cover, ledge outcroppings, outstanding individual trees of 10-inch diameter or greater within fifty (50) feet of the right-of-way, location of proposed trees, large boulders, existing structures, including fences and walls and proposed lot lines. If located within the Floodplain District, the location of the base flood elevation (one- hundred-year flood) shall be indicated. Wetlands delineation shall be based upon field identification and flagging by a botanist qualified for wetlands identification under the Wetlands Protection Act. It is recommended that the wetlands identification be done in coordination with the Conservation Commission. (d) A stormwater management plan indicating both on-site and off-site contributory areas, including calculations for the sizing of drainage pipes in accordance with Section 300-11. The stormwater management plan shall include a groundwater recharge comparison between pre- and post- development conditions. The stormwater management and drainage calculations shall be prepared and signed by a registered professional engineer and be filed as part of the definitive plan. The stormwater management plan shall be drawn to scale and showing the incremental areas contributing to each catch basin, ditch or watercourse, including contributory areas outside of the subdivision. The stormwater management plan shall also show existing and proposed contours as required above. (e) An overlay at the same scale as the definitive plan, showing the Soil Conservation Service interpretation of suitability for on-site sewage effluent disposal or showing United States Geological Survey surficial geology, or both, except for areas proposed to be served by town sewerage. (f) Test pit logs, with not more than one (1) pit required per four (4) proposed lots, selected to reveal general patterns of subsurface characteristics, after consultation with the Board of Health and the Conservation Commission. Locations shall be indicated on the development plan. (g) Where connection to the public water system is not proposed, information indicating why such connection is not feasible, description of provisions to be made for water for fire fighting and information adequate to allow determination of compliance with requirements of § 300-12A regarding potable water quality and quantity. (h) A comprehensive erosion and sedimentation control plan indicating the erosion control measures to be employed, including a description of locations of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques and sediment basins and a narrative description of how erosion from individual lots onto streets and into drainage systems is proposed to be controlled. (i) A locus plan of the subdivision showing its street configuration in relation to surrounding streets within one thousand six hundred (1,600) feet of the perimeter of the subdivision and to zoning district boundaries, at one (1) inch equals eight hundred (800) feet. (j) Prints, eight and one-half by eleven (8 1/2 x 11) inches, showing an outline of the subdivision at a scale of one hundred (100) feet or three hundred (300) feet to the inch, showing all ways and lots, street names, lot numbers and street numbers. (k) The environmental analysis, if required. (l) Construction details and specifications and road cross sections for each cross-section variant, except that, where the proposed cross sections are identical with those shown in this regulation annotation to that effect may be placed on the definitive plan, and the cross-section drawing may be omitted. (2) Other Planning Board submittals. Any person who desires approval of a definitive plan of a subdivision or modifications thereto shall submit the following to the Planning Board: (a) North arrow references, references to plans of record, ties into the Mass. Coordinate System, ties into County layouts, evidence of ownership, language of any easements, covenants or deed restrictions applying or proposed to apply to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision and description of erosion control methods at all critical locations, showing existing and proposed grades for the width of the right-of-way plus at least twenty-five (25) feet on each side, and, if requested, traverse notes. (b) Two (2) copies of properly executed application Form C and the definitive plan. (c) A filing fee as established in Chapter 82, Fees, of the Code of the Town of Franklin plus a fee per lot potentially created by the plan. If a preliminary plan for the subdivision has been approved within twelve (12) months previous to the filing date of the plan, the filing fee plus a fee per lot potentially created by the plan shall be as established in Chapter 82, Fees. [Amended 12-9-87 as Bylaw Amendment 87-116] (d) A Board of Assessors certified list of names and mailing addresses for all abutters as they appear on the most recent local tax list, including property owners on the opposite side of any streets abutting the subdivision. (e) A description of the land and the proposal, suitable for advertising. (f) Sight distance computations in accordance with § 300-10B(6). (3) Town Clerk submittals. Any person who desires approval of a definitive plan of a subdivision shall submit the following to the Town Clerk by delivery or registered or certified mail: (a) A notice stating the date of definitive plan submission to the Planning Board. (b) A copy of the completed application Form C and plan. (4) Board of Health submittals. Any person who desires approval of a definitive plan of a subdivision shall file one (1) copy of each of the following with the Board of Health: (a) Definitive plan. (b) Development plan. (c) Environmental analysis as well as information required in 300-8 (A)(1)(e) and (f) if any. (5) Completeness review. The Planning Board's designee will be responsible for ensuring the completeness of all definitive plan applications, and shall notify all applicants of any deficiencies with their definitive plan application within seven (7) days of submission to the Planning Board. Applicants should be advised that failure to submit or provide any required item shall be deemed a deficiency, and the Board may act to deny the application based on its technical deficiencies. Submissions pertaining to 300-8 A (2) (f) Consultant Review Fee are not required prior to application acceptance. A. Definitive plan contents. (1) The definitive plan shall be prepared by a registered professional engineer and registered land surveyor project design team and shall be clearly and legibly drawn in black India ink upon tracing cloth or mylar and shall be prepared utilizing AutoCAD 14 or another Town-approved drawing package. The plan shall be at a scale of one (1) inch equals forty (40) feet or other such scale as the Board may accept to show details clearly and adequately. Sheet sizes shall be twenty-four by thirty-six (24 x 36) inches. If multiple sheets are used, they shall show each lot in its entirety on one (1) sheet and shall be accompanied by an index sheet showing the entire subdivision at a scale of one (1) inch equals two hundred (200) feet. The index sheet shall correlate to match lines shown on individual sheets. (2) In addition, the proposed subdivision shall be tied into the Mass. Coordinate mainland plane of 1983-1988 (a minimum of three points at the third order of accuracy) and the nearest existing county layout plan within five hundred (500) feet. All horizontal surveys shall be made to second order accuracy of one to twelve thousand (1:12,000), and vertical surveys shall be to second order accuracy. All surveys shall conform to the Massachusetts Board of Registration of Professional Engineers and Land Surveyors Procedural and Technical Standards for the Practice of Land Surveying and also the Land Court's latest instructions. (a) A title stating the date, scale and bench mark; the name and address of the record owner and subdivider, engineer or surveyor; the name of the subdivision, if any; the names of proposed streets; and the zoning classification. (b) The meridian used, town meridian if required. (c) The location and ownership of abutting property. (d) The location and character of all rights-of-way or other easements, existing or proposed. (e) The lengths and bearings of plan boundary lines. (f) The lengths and bearings of all subdivision lot lines, including lot frontages on the streets. (g) The location of all permanent monuments, properly identified as to whether existing or proposed. (h) The lengths, radii, tangents and central angles of all curves in the lot lines. (i) The location, names and present widths of all adjacent streets bounding, approaching or within reasonable proximity of the subdivision, sufficient to analyze the traffic flow. (j) The area of lots, with street numbers, and areas of other adjoining vacant land not included in the subdivision. Street numbers will be obtained as directed by the Franklin Department of Public Works. An area shall be provided for DPW to designate street numbers on each lot prior to endorsement. (k) Details on one (1) or more of the plans showing appropriate sewer, drainage, water and roadway sections in accordance with the Franklin Department of Public Works standards and details attached hereto. Where unusual site conditions require additional details where the subdivider is proposing a unique construction solution or where the Planning Board or Department of Public Works requests additional information, details shall be submitted by the subdivider. (l) Information regarding the ninety-percent-lot-area definition in § 185-3 of the Franklin Zoning Bylaw. (m) The location of all sidewalks, driveway aprons, trees and grass plots, shown on horizontal plans. (n) The street classification of all roads. o. North arrow and north arrow reference. p. House numbers. q. Assessor’s map, block and parcel numbers. B. Street plan and profile contents. For each street there shall be a separate plan at one (1) inch equals forty (40) feet and a profile at one (1) inch equals forty (40) feet horizontal, one (1) inch equals four (4) feet vertical, showing the following data: (1) The exterior lines of the way, with sufficient data to determine its location, direction and length. (2) The existing center-line profile to be shown as a fine, continuous line; existing center-line profile for intersecting streets to be shown for at least one hundred (100) feet each side of the intersection of the street center lines. The proposed right side line shall be shown as a light dashed black line; the left side line as black dots. Elevations shall be based on United States Geological Survey datum. (3) The proposed center-line profile, to be shown as a heavy, continuous line, with elevations shown every fifty (50) feet [twenty-five (25) feet on vertical curves]. (4) Existing and proposed watercourses, ponds and wetlands. (5) Road center line stationing. (6) All sewer and drainage facilities, to be shown on the profiles indicating proposed pipe sizes, slopes and rim and invert elevations and, on the street plans, showing pipe sizes. (7) The plan location and size of existing and proposed water mains, hydrants and main gate valves. (8) The location of proposed streetlights. (9) The location of existing and proposed street paving, sidewalks and curbs. (10) Proposed grade stakes, to be set by a registered professional land surveyor at a minimum of 100-foot stations for roadway right-of-way, centerline, sidelines and sidewalks. C. Environmental analysis. An environmental impact analysis shall be submitted for any subdivision allowing five (5) or more dwelling units and in all cases involving commercial and industrial development. The analysis shall be prepared by an interdisciplinary team, to include a civil engineer and an architect or landscape architect and wetland biologist/scientist. The Planning Board will require that the scope of such analysis include as many suggestions as would identify the best approach providing for the public benefit in the areas of environmental impact listed below: (1) Impact upon ground- and surface water quality and level, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, toxic wastes, storage of petroleum products and other activities within the development. For all developments located in whole or in part within Water Resource Districts, this shall include analysis of open and closed drainage system alternatives, examining effects upon the basic water budget and upon the speed of transport of contaminants. (2) Material effects upon important wildlife habitats, outstanding botanical features and scenic or historic environs. (3) Capability of soils, vegetative cover and proposed erosion control efforts to support proposed development without danger of erosion, silting or other instability. (4) Relationship to the requirements of M.G.L.A. C. 131, § 40 and 40A, the Wetlands Protection Act and the Town of Franklin Wetlands Bylaw. (5) Impact upon the existing water supply and distribution systems and well capacity of the town. (6) Pretreatment of waste materials considered by the Department of Environmental Quality Engineering to be hazardous to the public, including but not limited to the proper containment and handling of petrochemical substances. D. Performance guaranty. (1) Form of guaranty. Before the Planning Board endorses its approval of a definitive plan, the developer shall agree to complete, without cost to the town, all improvements required by this regulation and shall provide security that he will do so, either by covenanting not to sell or build upon any lots until completion of the improvements (which covenant must be referred to on the plan and registered or recorded with it) or by posting bond or other security which the town can utilize in the event that the improvements are not completed within two (2) years or by some combination of these. Such security shall provide, among other things, that no building permit shall be issued until streets or ways serving such structures have been graded to within one (1) foot of final subgrade and that no structure shall be occupied until streets or ways serving such structure have been surfaced with at least the two-inch (minimum) binder course. The Board may grant partial release from such security for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest. The Board may release the developer from the covenant upon receipt of an agreement executed by the applicant and by the holder of a first mortgage on the premises providing for retention of funds and their availability to the town upon default. (See M.G.L.A. C. 41, § 81-U, 11th paragraph.) (2) Release of guaranty. Following request for final release of the guaranty (either bond or covenant) and at least thirty (30) days prior to granting same, the Planning Board shall give public notice of the request for release by advertising, at the expense of the subdivider, in a newspaper enjoying substantial circulation in the community. Full security shall not be released until the integrity of road pavement and drainage has been verified following a full winter of use, December 21 to March 21, until trees and other vegetation have been established, until as-built plans are received and until a report, in writing, has been received from the Department of Public Works Director stating that the work has been fully completed in an acceptable manner (See form in Appendix.) (3) Bond estimate and bond reductions. a. Along with each request from a developer for a bond estimate or a bond reduction, a fee shall be paid to the Planning Board as described in Chapter 82 of the Code of the Town of Franklin. b. Said fee represents the costs incurred by the Town of Franklin to review said bond estimate or bond reductions. c. Reductions for systems ( water, sewer, drainage) shall not be granted until the system is complete, tested and operational. d. There is a twenty five percent (25%) contingency added to the total bond estimate for the entire subdivision and the Board retains a minimum of ten percent (10%) of the original bonding amount for maintenance of streets and systems. In the case of a non-private street, this is released only after the subdivision street(s) has been accepted by the Town Council. This is released for private streets at the Board’s discretion. (4) Town acceptance of improvements. If a definitive plan shows streets or roadways that will become town streets or roadways, a nonrefundable fee shall be paid to the Planning Board for each such street or roadway before the Planning Board releases security for the street or portion of the street. Said fee shall be used to defray the engineering, GIS mapping, legal, appraisal, recording and administrative costs related to the town's acceptance and acquisition of such streets or roadways and any underlying or related sewer, water, drainage or other easements or interests. (5) No bond estimate or reduction shall be established or released without a DPW inspection sheet. E. Review by Board of Health. The Board of Health shall report to the Planning Board, in writing, its approval or disapproval of the plan and, in the event of disapproval, shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without injury to the public health and include specific findings and the reasons therefor in such report and, where possible, shall make recommendations for the adjustment thereof. Such Health Board or officer shall send a copy of such report, if any, to the person who submitted said plan. Any approval of the plan by the Planning Board shall then only be given on condition that no building or structure shall be built or placed upon the areas designated without written consent of the Board of Health which shall endorse on the plan such condition, specifying the lots or land to which said condition applies. F. Public hearing. (1) Definitive plan. Before approval of the definitive plan is given, a public hearing shall be held by the Planning Board. Notice of such hearing shall be given by the Planning Board by advertisement in a newspaper of general circulation in the town, once in each of two (2) successive weeks, the first publication being not less than fourteen (14) days before the day of such hearing. A copy of said notice shall be mailed to the applicant and to all owners within three hundred (300) feet of the subdivision as appearing in the most recent tax list. (2) Waivers. Requests for waivers from Planning Board regulations shall be submitted with the definitive plan and either stated on the plan or contained in a separate instrument attached thereto and referred to on said plan. All such requests for waivers shall be heard at the public hearing on the definitive plan. For each waiver requested, the applicant shall provide the following data for application review: the reason the waiver is requested, alternatives to granting the waiver, impact of waiver denial on the project, and reasons the applicant believes the waiver to be in the best interests of the Town. (See Appendix for Form R) G. Decision. After the public hearing, the Board in due course will approve, modify and approve, or disapprove the definitive subdivision plan submitted. Criteria for action by the Board shall be the following: (1) Completeness and technical adequacy of all submissions. (2) Determination that development at this location does not entail unwarranted hazard to safety, health and convenience of future residents of the development or of others because of possible natural disasters, traffic hazard or other environmental degradation. (3) Conformity with the requirements of Articles IV and V. (4) Determination, based upon the environmental analysis (where submitted), that the subdivision as designed will not cause substantial and irreversible damage to the environment, which damage could be avoided or ameliorated through an alternative development plan. (5) Conformity with all applicable zoning requirements. (6) Consistency with the purposes of the Subdivision Control Law. (7) Notice of such action, or of an agreed extension of the time for such action, must be provided by the Planning Board to the Town Clerk within ninety (90) days following the date of submission of the plan if it follows action on (or failure to timefully act on) a preliminary plan, or one hundred thirty-five (135) days following the date of submission in cases where no preliminary plan was submitted. (8) Condition of approval. (a) Any definitive subdivision plan approved hereunder, or any modification of any such subdivision plan previously approved, shall receive an approval which shall be automatically limited to a period of four (4) years unless one (1) of the following two (2) events occurs within four (4) years from the date of approval of such plan and not the date of endorsement nor the date of recording of such plan:  Event 1. Issuance of a determination of completion by the Department of Public Works Director in accordance with § 300-16E and a vote of acceptance by the Planning Board of the determination of completion, which said determination shall then be recorded with the Town Clerk and binding on all parties.  Event 2. Issuance of a one-year extension by the Planning Board, which extension may only be granted upon petition by the applicant; such a request for extension shall be deemed to be a request for modification of the approved definitive subdivision plan. (b) In the event than an applicant has failed to so perform within the requisite period, the previously issued conditional approval is deemed rescinded without any further action by the Planning Board and no extension or modification shall be granted. An applicant may apply for a new definitive subdivision plan approval for the site; however, the application will be subject to rules and regulations then in effect. (c) In every event, the Planning Board shall retain jurisdiction over every subdivision until such time as the determination of completeness has been accepted by the Planning Board. H. Certificate of approval. (1) Certificate. (a) The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by delivery or registered mail to the applicant. If the Board modifies or disapproves such plan, it shall state in its vote the reasons for its actions. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signature of a majority of the Board or by the signature of the person officially authorized by the Board, but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed. Prior to endorsement by the Planning Board, the applicant shall submit the approved version of the plan on a three-and-one-half-inch diskette(s), in AutoCAD Release-14 (or any subsequent release which the Franklin Department of Public Works adopts), to the Department of Public Works for review and approval. The computer version of the definitive plan shall be identical, full size, and shall contain all information included on the plan of land, topographic plan views, and plan and profile sheets. Layer names shall conform to Department of Public Works standards. A transmittal letter from the Department of Public Works verifying receipt of such information and compliance with Department of Public Works standards shall be submitted to the Planning Board. Failure to submit such information to the Department of Public Works and obtain the compliance letter shall be cause for the Planning Board to rescind approval or not to endorse said plans. (b) After the definitive plan has been approved and endorsed, the applicant shall furnish the Board with five (5) prints thereof and two 50% reduced prints. In addition, the applicant shall furnish five (5) blue line prints of the approved plan, reduced to a scale which will fit on an eight- and-one-half-by-eleven-inch sheet. Said plan shall contain the following: the title of the definitive plan, North point, street numbers and street names. (c) Final approval of the definitive plan does not constitute the laying out or acceptance by the town of streets within a subdivision. (2) Rescission. Failure of the developer to record the definitive plan within a six- month period of its endorsement or to comply with the construction schedule of the performance agreement shall constitute sufficient reason for the Planning Board to consider rescission of such approval, in accordance with the requirements of M.G.L.A. C. 41, § 81-W. ARTICLE IV, Design and Construction Standards § 300-9. General. A. Base requirements. The subdivider shall observe all design standards for land subdivision as hereinafter provided. These standards shall be considered minimum standards and shall be varied from or waived only as provided in § 300- 17. B. Design guides. (1) Requirements. All subdivisions shall be designed and improvements made by the developer consistent with the requirements of § 300-9 and the typical cross section. (See Appendix.) (2) Mitigation. Design and construction shall reduce, to the extent reasonably possible, the following: (a) The volume of cut and fill. (b) The area over which existing vegetation will be disturbed, especially on land within two hundred (200) feet of a wetland, river, pond or stream or having a slope of more than fifteen percent (15%) or overlying easily eroded soils. (c) The number of trees to be removed. (d) The extent of waterways altered or relocated. (e) The visual prominence of man-made elements not necessary for safety or orientation. (f) The removal of existing stone walls. (g) The visibility of building sites from existing streets. (h) The number of driveways exiting into existing streets. (i) The alteration of groundwater or surface water elevations or chemical constituents. (j) The disturbance of important wildlife habitats, outstanding botanical features and scenic or historic environs. (k) The soil loss or instability during and after construction. (3) Enhancement. Design and construction shall increase, to the extent reasonably possible, the following: (a) Vehicular use of collector streets to avoid traffic on streets providing house frontage. (b) Visual prominence of natural features of the landscape. (c) Legal and physical protection of views from public ways. (d) Street layout facilitating South orientation of houses. (e) Use of curvilinear street patterns. C. Floodplain District. All subdivision proposals shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a proposed subdivision is located within the Floodplain District established under the Zoning Bylaw it shall be reviewed to assure that: (1) The proposal is designed consistent with the need to minimize flood damage. (2) All public utilities and facilities, sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage. (3) Adequate drainage systems are provided to reduce exposure to flood hazards. (4) Base flood elevation (the level of the one-hundred-year flood) data is provided for proposals greater than five (5) acres for that portion within the Floodplain District. D. Construction standards. To ensure high quality and uniformity of construction, and unless otherwise specified, all the work and the materials used shall conform to the requirements of the Commonwealth of Massachusetts, Department of Public Works, Standard Specifications for Highways and Bridges, the latest edition, as amended, hereinafter referred to as the "Standard Specifications," and to these regulations. Where in conflict, the provisions of these regulations shall apply. § 300-10. Streets. A. Classification. (1) Streets within a subdivision shall be classified as follows: (a) Collector: a street which carries traffic equivalent to that generated by fifty (50) dwelling units or more or which serves property either used or zoned for commerce or industry. (b) Major: a street which carries traffic equivalent to that generated by more than twelve (12) but fewer than fifty (50) dwelling units, which has no abutting property either used or zoned for commerce or industry and which is not capable of extension to serve more than fifty (50) dwelling units. (c) Minor: a street which carries traffic equivalent to that generated by twelve (12) or fewer dwelling units, which has no abutting property either used or zoned for commerce or industry and which is not capable of extension. (2) In determining the classification of subdivision roads, the Board shall take into consideration abutting developable lands and the extension of utilities. B. Location and alignment. (1) Safety and attractiveness. All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular and pedestrian travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the subdivision. (2) Conformance to study plans. The proposed streets shall conform to any master or study plan as adopted in whole or in part by the Board or the Town of Franklin. (3) Reserve strips. Reserve strips prohibiting access to streets or adjoining property shall not be permitted, except where, in the opinion of the Board, such strips shall be in the public interest. (4) Intersections and access. (a) 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 seventy degrees (70°). (b) Provision satisfactory to the Board shall be made for the proper projection of streets and for access to adjoining property which is not yet subdivided. (c) Intersections of street side lines shall be rounded with a curve of not less than a thirty-foot radius, measured at the curbline. (5) Center line. (a) The minimum horizontal center-line radius of any curve on a major or minor street shall be one hundred fifty (150) feet and two hundred (200) feet on a collector street. The Planning Board may require a greater radius where deemed necessary for the public safety. A shorter radius may be allowed if the Planning Board determines that a shorter radius will result in the preservation of trees or other natural features without detriment to public safety. (b) Center-line offsets for intersecting streets shall not be less two hundred (200) feet. (c) In all cases, the center line of the paved surface shall be coincidental with the center line of the right-of-way, unless specifically excepted by the Board. (6) Sight distances. Sight distance requirements along roadways and at intersections shall be evaluated under two categories as defined by the Massachusetts Highway Department in its most current Highway Design Manual. Specifically, Stopping Sight Distance (SSD) and Intersection Sight Distance (ISD). At a minimum, stopping sight distance criteria, shall be met along every roadway utilized for direct access/egress to and from a parcel; that is, along any internal site roadway/driveway, as well as existing or proposed off-site roadways providing direct access/egress to and from the parcel. On existing roadways utilized for direct site access/egress, the SSD criteria shall only be applicable in the area of an intersection with a proposed site roadway/driveway. For larger subdivisions, in addition to the SSD criteria as detailed above, decision sight distance (DSD) shall also be met at any existing or proposed intersection utilized for direct access/egress to and from the parcel. That is, any intersection of an existing roadway and proposed site roadway/driveway and/or an intersection of two existing roadways in close proximity to proposed site access/egress. Larger subdivisions shall be defined as any proposed development which shall generate in excess of 120 trips per day as calculated utilizing the current edition of the Institute of Transportation Engineers (ITE) Trip Generation manual. C. Width requirements. (1) Street right-of-way and pavement widths, measured inside curbs or berms, shall be as follows: Right-of-way Pavement Type of Width Width Street (feet) (feet) Collector 56 32 Major 56 28 Minor 56 26 (2) A narrower right-of-way may be allowed if the Planning Board determines that a narrower right-of-way will result in the preservation of trees and other vegetation and will be consistent with the location and character of the subdivision. Private retaining walls and other permanent structures are not to be proposed or constructed within the right-of-way. (3) Standards of adequacy. The Board may require, as a condition of its approval of a subdivision plan, that the developer dedicate a strip of land for the purpose of widening ways providing access to the subdivision and that he either make physical improvements within such ways or compensate the town for the cost of such improvements in order to meet the standards specified above. D. Grade. (1) Design. Street grades shall be designed in relation to existing grades such that the volume of cuts and fills made within the right-of-way approximately balances, except to offset peat, boulders or other unusable materials to be removed. (2) Minimum and maximum. Grades of streets shall not be less than one and five-tenths percent (1.5%). Grades shall not be more than six and zero-tenths percent (6.0%) for collector streets nor more than eight and zero-tenths percent (8.0%) for all other roads. (3) Leveling area. On any street where the grade exceeds six and zero-tenths percent (6.0%) on the approach to an intersection, a leveling area with a slope of not more than three and zero-tenths percent (3.0%) shall be provided for a distance of not less than one hundred (100) feet, measured from the nearest exterior line of the intersecting street. (4) Vertical curves. All changes of grade exceeding one percent (1%) shall require vertical curves. (5) Right of way grade. Proposed grades within the right of way shall not be more than five (5) feet above or below the existing grades unless specifically authorized by the Board in unusual topographical circumstances. At any time the proposed right of way grades are below the existing right of way grades, the Department of Public Works may request soil borings be performed to determine soil conditions and the annual high water table elevation. Based on the results, an underdrain system may be required by the Department of Public Works. The Department of Public Works shall observe all testing. (6) Cul-de-sac (turnaround) grades. Proposed cul-de-sac or turnarounds shall contain slopes of not more than plus or minus three and zero-tenths percent (3.0%) starting from a distance of not less than fifty (50) feet measured from the throat of the cul-de-sac or turnaround area. E. Dead-end streets. (1) Dead-end streets shall be provided at the closed end with a turnaround capable of serving a vehicle of a thirty-foot length and having an outside turning radius of fifty-seven (57) feet. The right of way radius will be sixty (60) feet, the pavement radius fifty (50) feet and all pavement will be kept within the right of way. Other. Dead-end streets shall serve no more than twelve (12) dwelling units and shall be no longer than six hundred (600) feet and having a minimum length of two hundred (200) feet, measured from the center of the turnaround to the side line of the closest, connecting through street. (2) Through streets. Through streets indicated on the plan that are not constructed to provide through traffic shall provide for paved temporary turnarounds suitable for snowplowing purposes, to be approved by the Board, before any houses on such streets shall be occupied. (3) Approval. Approval of dead-end streets may be contingent upon provision of easements and necessary facilities to allow continuity of utility and drainage systems. Water mains shall normally be looped. F. Construction. (1) Layout, clearing and grubbing. Prior to starting any construction activities, a registered land surveyor shall set offset grade stakes along the roadway right-of- way, centerline, sidelines, and sidewalks at one-hundred foot (100') intervals. All trees to be preserved shall be flagged. The site shall be walked with a designated representative of the Department of Public Works. Clearing and grubbing shall be performed to remove stumps, brush, roots, boulders and like material from the area of the traveled way, shoulders, sidewalks and utility trenches, but elsewhere, wherever feasible, existing vegetation shall be protected. (2) Subgrade. (a) When establishing the roadway subgrade, all existing material shall be removed to the subgrade plane as defined by the typical cross-section (see Appendix) for the entire width of the finished roadway. If, however, the soil is soft and spongy or contains undesirable material such as clay, sand pockets, tree stumps, stones over six (6) inches in diameter or any other material detrimental to the subgrade, a deeper excavation below the subgrade shall be made as required by the Department of Public Works Director. (b) At this point all utilities, including drainage, water, sanitary sewer and gas (where applicable), shall be installed and brought to the property line in accordance with these regulations. (c) Any excavated or natural area below the subgrade shall be filled to the subgrade with suitable granular material, to be approved by the Department of Public Works Director prior to its installation. (d) The entire roadway width then shall be rolled with a roller having an effective force of twelve (12) tons, forming the subgrade with a three- eighths-inch-per-foot crown, as required on the cross-section plan. (3) Gravel base. (a) The gravel base of the roadway and sidewalks shall consist of unfrozen, hard, durable stone and coarse sand, free from loam and clay, uniformly graded, containing no stone having a diameter of more than three (3) inches and conforming to the requirements of the Standard Specifications (section M1.03.0 type B). (b) Gradation tests (sieve analysis) shall be performed by an independent testing laboratory on the material to be utilized as gravel base and shall be submitted to the Department of public Works for review. This analysis, to be done at the expense of the subdivider in advance of applying or grading the material, shall certify that it falls within the allowable limits for gravel borrow in accordance with the Standard Specifications. The Department of Public Works Director may, at any time during the roadway construction, require additional sieve analyses. (c) The subdivider must demonstrate to the Department of Public Works Director that he has sufficient suitable material on site, or he shall have to haul in gravel conforming to the Standard Specifications. His intent shall be made clear to the Director. (d) Before the gravel is spread, the roadbed shall be sloped to a true surface, conforming to the proposed cross section of the road, and no gravel is to be spread until this subgrade is approved by the Department of Public Works Director. (e) Gravel for base shall be spread in two (2) layers of equal thickness, each thoroughly rolled true to lines and grades with a roller having an effective force of at least twelve (12) tons so as to yield a total depth of twelve (12) inches after thorough compaction. Any depression or soft spots that appear during or after rolling shall be filled with crushed bank gravel and be re-rolled until the surface is true and even. Gradation and compaction tests shall be performed and submitted to the Department of Public Works for review. Testing results should be satisfactory to the Department of Public Works prior to placement of base course of pavement. (f) All sidewalk areas shall be provided with a gravel base foundation consistent with that required for roadways, except that the compacted depth shall be eight (8) inches and the slope of the base shall be three- eighths (3/8) inch per foot, sloping from the back of the sidewalk towards the curb. Gradation and compaction tests shall be performed and submitted to the Department of Public Works for review. (g) Each layer shall be compacted to not less than ninety-five percent (95%) of the maximum dry density of the material, as provided in the Standard Specifications. The rolled gravel shall be tested for compaction. All such tests shall be submitted to the Department of public Works for review and shall be made at the expense of the developer. (h) Before pavement is placed, the rolled gravel base and sidewalk base shall be surveyed by a registered professional land surveyor. As-built plans in pan view with an accuracy of one-tenth foot vertical at every 100- foot station along the centerline, sidelines and sidewalks shall be submitted to the Department of Public Works for review. They shall also include water, sewer, and storm drainage systems, inverts , services and service stubs. In addition, the topography of drainage facilities shall be provided at one-foot accuracy. All shall be approved by the Department of Public Works Director prior to paving. (4) Pavement. A two-course bituminous concrete surface shall be applied to residential streets. A three-course bituminous concrete shall be applied to commercial and industrial streets. The first course for residential streets shall be a binder course as defined by the Standard Specifications, which, after compaction is two and one half (2 ½) inches thick. The first course for commercial and industrial streets shall be a base course as defined by the Standard Specifications, which, after compaction, is four (4) inches thick. The second course for commercial and industrial streets shall be a binder course as defined by Standard Specifications, which, after compaction is two and one half (2 ½) inches thick. Gradation (sieve analysis) and asphalt content tests shall be performed on the material utilized as base course and/or binder course after it has been placed, and submitted to the Department of Public Works for review. All pavement shall be machine placed and rolled with a tandem roller having an effective force of not less than twelve (12) tons. If requested by the Department of Public Works Director, compaction and plane of finished surface tests shall be performed on the base and/or binder course once in place. All requested testing shall be performed by an independent testing laboratory at the expense of the subdivider. The binder course must remain through one (1) complete winter (December 1 to March 31). After wintering over and prior to the finished course of pavement being applied, the binder course shall be approved by the Department of Public Works Director; then the following steps are taken to complete the roadway pavement. (a) Paving will not be allowed if it is raining or the roadway is wet, if frost is present, or when the air temperature is below forty degrees Fahrenheit (40°F.). The temperature of the bituminous concrete mixture shall be a minimum of 290°F prior to being placed and a minimum of 170°after intermediate rolling, all in accordance with standard Specifications. (b) All frames, grates, manhole covers and water gates shall be adjusted to the proper finished grade by setting the same in a two-thousand-five- hundred-pound-per-square-inch concrete bed. Any depressions or irregularities in the binder pavement are to be cut out to a depth of eight (8) inches and replaced with compacted crushed bank and hot binder at least one (1) week before final paving. (c) The binder course pavement must be swept clean of all loose material. A tack coat of emulsified asphalt shall be applied with a pressure distributor at a rate of ten-hundredths (0.10) gallons per square yard, immediately preceding the top course paving. An environmentally safe synthetic mat specifically designed for the purpose may be substituted for the tack coat of emulsified asphalt. (d) The finished course of Type I-1 bituminous concrete top course shall be applied to a one and one half (1 ½) inch thickness after compaction on residential, commercial and industrial streets, with a roller having an effective force of not less than twelve (12) tons. No greater than one percent (1%) of finished road shall have exposed aggregate defined as greater than one-eighth inch depression around the stone. Any sections of finished road surface with exposed aggregate that is greater than two feet square in area shall be removed and replaced with new finished surface. Loose aggregate is not allowed at any time. (e) The developer shall make and maintain all subdivision roadways so that any and all occupied dwelling units within the subdivision are easily accessible to all municipal and emergency services. In addition to the above requirement, the developer must comply with the following conditions to the satisfaction of the Department of Public Works Director prior to the first day of December (the beginning of the wintering over period):  All roadways shall be prepared in such a manner that all manholes, catch basins, valve gates or other structures in the roadway are installed with bituminous paving around the perimeter of each such structure such that a smooth transition is maintained between the top of each structure and the road surface.  No curbing or any other material shall be left in the roadway(s).  At the discretion of the Director of Public Works, temporary installation of catch basin gates may be required at levels lower than the base coat elevation so as to make them functional prior to application on the finish coat. (f) If requested by the Department of Public Works Director, compaction and plane of finished surface tests shall be performed on the top course paving once in place. All requested testing shall be performed by an independent testing laboratory at the expense of the subdivider. The Director of Public Works may request remedial repairs or replacement of any portion of the pavement system if it fails to meet these and/or the Standard Specifications. G. Driveways. (1) Location. Driveway cuts shall not be allowed within sixty (60) feet of the intersection of the center line of intersecting streets. In no instances shall catch basins be located along a driveway curb opening. Driveway openings shall be shown on the definitive plan. (2) Paving. Driveways shall be paved from the curb to the property line. That portion of all driveways within the street right-of-way limits shall be constructed to the same specifications as the roadway: twelve-inch gravel base binder at two and one half (2 ½) inches after compaction and top coat at one and one half (1 ½) inches after compaction. Sidewalk grades shall be continuous across driveway openings. Transition in grade of no more than two inches will be allowed. (3) Width. Driveways shall be at least ten (10) feet wide and shall have an opening of at least sixteen (16) feet in the curb at the gutter line. (4) Grade. At all driveways the grade at the back of the sidewalk shall be at least six (6) inches higher than the grade at the gutter line. (5) Other. The junction of sidewalks, driveways and roadways shall be constructed in such a manner as to prevent recessed areas where puddling may form. (6) Driveways serving the premises shall provide access through the required frontage of the serviced lot, exce
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