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Chapter 880 SUBDIVISION OF LAND [HISTORY: Adopted by the Planning Board of th e Town of Greenfield effective November 21, 2008 (originally effective 3-19-1966; revised 5-14-1984; revised 5-29-1984). Subsequent amendments noted where applicable.] STATUTORY AUTHORITY MGL c. 41, § 81K et seq. (Subdivision Control Law) GENERAL REFERENCES Establishment of Planning Board — See Ch. 34. Building construction — See Ch. 39. Drainage — See Ch. 61. Soil removal — See Ch. 154. Street numbering — See Ch. 159. Wells — See Ch. 191. Zoning — See Ch. 200. Sewer use — See Ch. 650. Corridor design — See Ch. 808. Major development review — See Ch. 842. Site plans — See Ch. 865. Special permits — See Ch. 870. Zone changes — See Ch. 896. ARTICLE I Introduction § 880-1. Purpose. The Subdivision Control Law has been enacted for the purpose of pr otecting the safety, convenience and welfare of the inhabitants of Greenfield by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensu ring sanitary conditions in the subdivisions and, in proper cases, parks and open areas. The power of the Pl anning Board and of a Board of Appeals under the Subdivision Control Law shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the ad jacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for s ecuring safety in the case of fire, flood, panic, and other emergencies; for ensuring compliance with the applicable zoning ordinances or bylaws; for securing adequate provision for water, sewerage, drainage, underground utility services, fire, police, and othe r similar municipal equipment, and street lighting and other requirements where necessary in a subdivision; a nd for coordinating the ways in a subdivision with each other and the public ways in the Town and with the ways in neighboring subdivisions. § 880-2. Interpretation of rules and regulations. The Town of Greenfield shall not be held respon sible for any individual interpretation of these rules and regulations. The word “shall” is ma ndatory and the words “should” and “may” are Chapter 880 – Subdivision of Land 1 November 21, 2008 permissive. In the event of c onflicting provisions in the text of these regulations, the more restrictive shall apply. § 880-3. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ATTORNEY. The attorney employed by the city unless otherwise stated. BLOCK. The enclosed area within the perimeter of roads, property lines or boundaries of the subdivision. CONCEPT PLAN or SKETCH PLAN. A generalized plan of a proposed subdivision indicating lot layouts, streets, park areas and water and sewer systems presented to the city officials at the pre-application meeting. CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points of equal elevations. “Contour interval” is the vertical height between contour lines. CORNER LOT. A lot bordered on at least the front and side by streets. EASEMENT. A grant by an owner of land for a specific use by persons other than the owner. ENGINEER. A registered engineer. DEFINITIVE PLAN. The final map or drawing indicating the proposed layout of the subdivision to be submitted to the Planning Board for their consideration and which meets all the requirements of this chapter. FRONTAGE. That portion of a lot fronting upon a street to be measured continuously along one (1) street line between its side lines and their intersection with the street line. The required frontage dimension shall extend from the street line to the building line. Frontage shall provide both rights of access and potential vehicular access across that lot line to a potential building site. The portion of a lot fronting on a discontinued or unconstructed road does not constitute frontage. LOCUS MAP. A map drawn to comparatively small scale which definitely shows the area proposed to be platted and the areas surrounding it to a given distance. LOT. A parcel of land LOT, FLAG. A lot which abuts a right-of-way via a narrow strip of land which connects that portion of the lot containing the required lot width to the right-of-way and is in conformance with section 200-7.8 of the Greenfield Zoning Bylaws. MINIMUM SUBDIVISION DESIGN STANDARDS. The specifications of this chapter and other applicable laws and regulations. Chapter 880 – Subdivision of Land 2 November 21, 2008 OWNER. An individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations. PEDESTRIAN WAY. A public right-of-way across or within a block intended to be used by pedestrians. PERSON. Any individual, firm, association, syndicate or partnership, corporation, trust or any other legal entity. PRELIMINARY PLAN. The preliminary map or drawing indicating the proposed layout of the subdivision to be submitted to the Planning Board for their consideration, and which meets all the requirements of this chapter. PRIVATE STREET. A street serving as vehicular access to one or more parcels of land which is not dedicated to the public as right-of-way. PROTECTIVE COVENANTS. Contracts entered into between private parties and constituting a restriction on the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values. RIGHT-OF-WAY. Land dedicated and used for public purposes, such as a street, alley o r crosswalk. STREET. A public way, a private way shown on a plan approved under the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective in Greenfield having in the opinion of the Planning Board sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the abutting land or land to be served thereby and for the installation of municipal services to serve such land and the buildings erected or to erected thereon. (a) Principal Street: a street which carries traffic equivalent to that generated by forty (40) or more dwelling units or which serves property either used or zoned for commerce or industry. (b) Major Street: a street which carries traffi c equivalent to that generated by more than twenty (20) but fewer than (40) dwelling un its, which has no abut ting property used or zoned for commerce or industry and which is not capable for extension to serve more than 40 dwelling units. (c) Minor Street: a street which carries traffic equivalent to: (a.) th at generated by more than ten (10) but fewer than twenty (20) dw elling units in the Rural Residential (RC) and the Suburban Residential (RB) zoning districts, or (b.) that generated by more than one (1) but fewer than twenty (20) dwelling units in the Urban Residential (RA) zoning district; and (c.) which has no abutting property either used or zoned for commerce or industry and which is not capable for an extension to serve more than 20 dwelling units. (d) Rural Street: a street which carries traffic equivalent to that generated by more than one (1) but fewer than (10) dwelling units in th e Rural Residential (RC) and the Suburban Chapter 880 – Subdivision of Land 3 November 21, 2008 Residential (RB) zoning dist ricts, which has no abutting property used or zoned for commerce or industry and whic h is not capable for extens ion to serve more than 40 dwelling units. STREET WIDTH. For the purpose of this chapter, the width of the paved way. SUBDIVIDER. The owner of land proposed for subdivision or his or her authorized agent who commences proceedings under this chapter to effect a subdivision of land. SUBDIVISION. (1) The described tract of land which is to be or has been divided into two or more parcels. (2) The term includes resubdivision and, where appropriate to the context, relates either to the process of subdividing or to the land subdivided. TRAIL. A right-of-way designed for movement of non-motorized traffic. § 880-4. Plan filing at registry. No plan, whether of a subdivisi on or not, shall be accepted at th e Registry of Deeds or Land Court unless it has been endorsed by the Planning Board (or in special cases is accompanied by a Town Clerk's certificate) as either being approved or not requiring approval. § 880-5. Building permits. No building permits will be issued for lots in a subdivision unless th e subdivision plans have been endorsed and any conditions endorsed on the plan have been satisfied or waived. § 880-6. Street acceptance. Street acceptance and installation of municipal se rvices on any way within a subdivision but not shown on an endorsed subdivision plan can be done only with a two-thirds (2/3) vote at Town Council. (See MGL c. 41, § 81Y.) ARTICLE II Plans for Subdivision of Land ARTICLE NOTES: A. Plans believed to require endorsement only (§ 880-7). B. Subdivision plans: (1) Preliminary plans (§ 880-8). (2) Definitive plans (§ 880-9). Chapter 880 – Subdivision of Land 4 November 21, 2008 § 880-7. Plans believed to require endorsement only. A. Endorsements. These plans require only an endorsement by the Planning Board. (1) The applicant for such endorsement must submit to the Planning Board the original plan, including a locus map showing majo r transportation routes and other major landmarks, which will be returned; five (5) copies which will not be returned; and a Form A, Application for Subdivision Believed Not Requiring Approval, with a description of the intended use of the land. The applicant must also notify the Town Clerk by either delivering or sending by regi stered mail a notice giving the date of submission, description of the land sufficien t for location (including map and parcel number) and the name and addr ess of the owner. In order to be considered, it is the intent of the Subdivision Control Law th at any subdivision plan filed with the Planning Board shall receive approval if sa id plan conforms to the reasonable rules and regulations of the Planning Board pertaining to subdivisions of land; provided, however, that such Board may, when appropr iate, waive, as provided for in MGL c. 41, § 81R, such portions of the rules and regulations as deemed advisable. The Planning Board shall act on the plan within twenty-one (21) days after its submission. (2) Plan submissions. In order to be consider ed by the Board, a fee shall be paid in accordance with § 880-38 and such plans shall show all of the following: (a) Any existing structures on the land and dimension of yards relating to such structures; (b) Any existing structures on any remaining adjoining land owned by the applicant and dimensions of yards relating to such structures; (c) Remaining frontage of any adjoining land in the same ownership; (d) Present owner of the land shown of the plan, and all abutting owners; and (e) Location of any easement or way, public or private across the land, with a designation as to the use of the same. B. Endorsements by the Planning Board. The Planning Board sh all endorse such plan as not requiring approval unless it shows a subdi vision. MGL c. 41, § 81L, states that "subdivision" shall mean the division of a tract of land into two or more lots and shall include resubdivision. However, the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision w ithin 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) a public way or a way which the Town Clerk cer tifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved in accordance with the Subdivision Control Law, or (c) a way in existence when the Subdivision Control Law became effective in Greenfield, having, in the opinion of the Planning Board, suffici ent width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as in then required by the Greenfield Zoning Chapter 880 – Subdivision of Land 5 November 21, 2008 1 Bylaw for erection of a building on such lot. Conveyances or other instruments adding to, taking away from, or changing the size and shape of lots in such a manner as to leave any lot so affected without said required frontage or the division of a tract of land on which two or more buildings were standing when the Su bdivision Control Law went into effect on March 16, 1966, in Greenfield into separate lo ts on each of which one of such buildings remains standing shall not constitute a subdivision. (1) Specifications for ways-in-existence. Grounds on which an existing way will be found adequate for providing frontage shou ld be the same as any other way in existence when the Subdivision Control Law became effective in Greenfield, which has in those portions that provide a means of reaching the premises in questions, the following: right-of-way width generally of thirty-three (33) feetormorewithno locations of less than twenty -four (24) feet; horizontal an d vertical alignment of the traveled way providing at l east one hundred fifty (150) fe et stopping sight distance; grades not exceeding ten percent (10%) except for short intervals; adequate provisions for drainage and snow removal; tr aveled way constructed at least eighteen (18) feet wide with at least eight (8) inches of gravel and, in cases where the way potentially provides access to ten (10) or more dwelling units, bituminous paving of the traveled way as of Ja nuary 1, 1983; or where prov isions satisfactory to the Planning Board and the Town Engineer have been made to secure compliance with these standards without cost to the Town. C. Notice to Town Clerk. The Planning Board must act and notify the Town Clerk within twenty-one (21) days of submission, or they are deemed to have determined that approval was not required. § 880-8. Preliminary plans for subdivision requiring approval. A. General. To save costly changes in detail ed engineering drawings, it is suggested but not required that a preliminary plan of any proposed residential subdivision be submitted so that any differences between the developer and the Town may be resolved at an early stage in the process. A preliminary plan must be submitted for all nonresidential subdivisions. B. A request for a waiver of a requirement, rule, or regulation shall be made in writing by the applicant, and submitted, whenever feasible, with the submission of the Preliminary Plan. C. Fees. The applicant for appr oval of a preliminary plan must submit to the Department of Planning and Development, twelve (12) copies of the plan, one copy reduced to 11”x17”, a Form B, Application for Approva l of a Preliminary Plan, and a certified check made payable to the “Town of Greenfield”. The cost of a preliminary plan is seventy-five dollars ($75) per lot plus a hundred dollar ($100) application fee. D. Submissions. If a preliminary plan is submitted, it is requested that the following be included as part of the submission: (1) The subdivision name, boundaries, north point, date, scale, legend, and stating "Preliminary Plan"; 1. Editor's Note: See Ch. 200, Zoning. Chapter 880 – Subdivision of Land 6 November 21, 2008 (2) The names of the record owner and the applicant and the name of the designer, engineer, and/or surveyor; (3) The names of all abutters, as determined from the most recent local tax list; (4) The existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner; (5) The proposed system of drainage including adjacent existing na tural waterways in a general manner; proposed sewer system in a general manner and if the system is to be by individual on-site sewage disposals systems, then sufficient deep hole and percolation tests to establish the general suitability of the locus for subsurface sewer disposal; (6) The approximate boundary lines of proposed lots, with approximate areas and dimensions; (7) The approximate location of all proposed houses and accessory structures. (8) The names, approximate location and widths of adjacent streets; (9) The topography of the land in a general manner; (10) A locus plan of the su bdivision, showing its relation to the surroundi ng area, at a scale of one (1) inch equals five hundred (500) feet; (11) In the case of a subdivision covering less than all of the land owned by the developer, a plan showing in a general manner the pr oposed overall development of all of said land; (12) Location of all zoning district boundaries, if encountered. E. Review by Board. The Planning Board shall act within forty-fi ve (45) days of submission of a preliminary plan. Approval of a preliminar y plan does not constitute approval of a subdivision, and a preliminary plan shall not be recorded in the Registry of Deeds. F. Town agency review. At this stage, ar rangements for sanitary sewerage disposal, performance guarantees, and required installa tion of facilities shall be discussed in a general manner with the appropriate Town ag encies. This shall be directed through the Planning Board to the Board of Health, the Fire Chief, th e Department of Planning and Development, Town Attorney, Town Engin eer, and the Conservation Commission if appropriate. § 880-9. Definitive plans. A. General. (1) The following must be filed at the Town Clerk's Office for submittal to the Planning Board in applying for approval of a definite plan. (a) A properly completed application form, Form C, Application for Approval of a Definitive Plan; (b) The cost of a definitive plan is one hundred dollars ($100) pe r lot plus a five Chapter 880 – Subdivision of Land 7 November 21, 2008 hundred dollar ($500) applica tion fee if a preliminary plan is approved or two hundred dollars ($200) per lot plus a one thousand, two hundred and fifty dollar ($1250) application fee if no preliminary plan is submitted. The applicant is responsible for paying all advertising costs. (c) Twelve (12) copies of the definitive plan and road profiles, dark line on white background; (d) A list of all landowners abutting the land shown on the subdivision plan as appearing on the most recent tax list. The list shall be typewritten and in label format. (2) The applicant must submit a total of tw elve (12) prints a nd one set reduced to 11”x17” to be distributed as follows: Planning Board seven (7) copies; Town Engineer [one (1) copy]; Board of Health [one (1) copy]; Fire Chief [one (1) copy]; Inspector of Buildings [one (1) copy]; a nd Department of Planning and Development [one (1) copy]. One (1) additional copy mu st be submitted for the Conservation Commission if the Wetlands Protection Act is involved. The final, original plan is to be retained by the applicant until signed by the Board. B. Definitive plan submission requirements. (1) The Definitive Plan shall be prepared by a registered land su rveyor. Construction details shall be designed by a registered civil engineer. The Plan shall be prepared on linen or polyester film, singl e matte with a thickness of .00 4 mils, and must have an opacity so as to allow consistent diazo and microfilm reproduction. All plans shall be prepared using a compatible ink with ex cellent cohesiveness which will produce a permanent bond and result in a plan with long-term durability. Linen or polyester reproductions shall be accepted provided they comply with the other requirements. (2) Scale shall be one (1) inch equals forty (40) feet or other scale acceptable to the Board, sheet size not to exceed twenty-four (24) inches by thirty-six (36) inches, using an index sheet if necessary. The plan shall contain the following information: (a) Subdivisioname b,oundaries, north point, date and scale. (b) Name and address of record owner, subdivider, surveyor and engineer. (c) Location and names of all abutters as they appear in the most recent tax list. (d) Existingatercourses. (e) Sufficient data to determine the loca tion, direction, width, and length of every street and way line, lot line and boundary line, and to establish these lines on the ground. The areas of all lots shall be shown, and all lots shall be numbered. (f) Location of all permanent monuments properly identified as to whether existing or proposed. (g) Location, names and present widths of streets bounding or approaching the 2. Editor's Note: See MGL c. 131, §§ 40 and 40A. Chapter 880 – Subdivision of Land 8 November 21, 2008 subdivision. (h) Indication of purpose, width, and locat ion of easements outside of the road lines. (i) Suitable space for recording the acti on of the Planning Board and the Town Clerk. (NOTE: Items in Subsection B(2)(j), (k), (l) and (m) may be submitted on the same sheet as the definitive plan or on separate sheets.) (j) Existing and proposed topogr aphy at two-foot contour in tervals whenever it is deemed necessary. (k) Existing and proposed center-line profiles of proposed streets and of intersecting streets for at least one hundred (100) feet each side of the intersection of the street center lines at a horizontal scale of one (1) inch equals forty (40) feet and vertical scale of one (1) inch equa ls four (4) feet, or such other scales acceptable to the Board. Elevations shall be indicated every fifty (50) feet on straight grades and every twenty-five (25) feet on vertical curves. All elevations shall refe r to the US Coast and Geodetic Survey datum where available. Profile stationing shall be referenced to a plan drawing. (l) Proposed layout (includi ng cross sections and prof iles) of sewerage, storm drainage and water supply, including i nvert elevations, slopes, capacity, and velocity. (m) Where sewage disposal is to be by i ndividual on-site sewage disposal systems, the definitive plan shall be accompanied by a feasibility report of the proposed sanitary sewage systems certified by a registered civil engineer. (n) Indication of all areas believed to be subject to control under the Wetlands Protection Act, MGL c. 131, § 40, unde r procedures outlined at 310 CMR 10.00. (o) Identification of zoning districts. (p) A locus plan of the subdivision, s howing the outline of the parcel being subdivided, the pattern of streets within it, streets in the surrounding area, and zoning district and overlay district boundaries, at the same scale as the Assessor's map which includes that parcel [ one (1) inch equals fifty (50) feet or one (1) inch equals two hundred (200) feet]. (q) An overlay at the same scale as the definitive plan showing the SCS interpretation of suitability for on-site sewerage disposal, or showing USGS surfacial geology, or both. (r) Test pit logs for locations selected by the Planning Board and shown on one of the above overlays, with not more than one (1) pit per four (4) proposed lots, selected to reveal general patterns of subsurface charac teristics, after consultation with the Board of Health and the Conservation Commission. Chapter 880 – Subdivision of Land 9 November 21, 2008 (s) Where connection to the public water system is not proposed, information indicating why such connection is not feas ible, description of provisions to be made for water for fire fighting, a nd information adequate to allow determination of compliance with Sec tion IV-D-3 (b) requirements regarding potable water quality and quantity. (t) Stormwater management plan in compliance with the provisions of Chapter 695 of the Greenfield Code (u) An erosion control plan, indicating the erosion control measures to be employed, including description of locati ons of temporary stockpiles, spoil areas, temporary drainage systems, slope stabilization techniques, sediment basins, etc., and narrative de scription of how erosion from individual lots onto streets and into drainage systems is proposed to be controlled. Review comments on the plan by the Conser vation Commission and by the Soil Conservation Service or by others acceptable to the Board as expert in soil erosion. Any site disturbing more than one (1) acre must have a detailed Storm Water Pollution Prevention Plan (SWP PP) and an Erosion Control Plan submitted to and approved by the EPA or its designee in accordance with EPA’s NPDES Phase II regulations. (v) Landscaping Plan showing the location of all existing and proposed lands caping. Indicate which mature trees are proposed to be removed. C. Electronic file. To facilitate maintaining the Town of Greenfield records, for example the assessor’s tax maps, an electronic file (the “sta ndard digital file”) that complies with Level III of the current version of the MassGIS “Standard for Digital Plan Submission to Municipalities” (hereafter “the standard”) shall be filed within 15 business days of the plan being endorsed by the Planning Board. The standard is available on the Internet at http://www.mass.gov/mgis/standards.htm. The standard digital file submitted must comply with Level III of the standard, 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 or for complying with Level III of the standard. In place of the Level III requirement, the Planning Board may allow submission of a standard digital file that complies with Level I. Any request for a wa iver must include a statement as to why submitting a digital file is not possible or why the requirement should be for Level I of the standard. The “standard digital file” must be submitte d on CD_ROM and must pass the checklist in Appendix A of the current MassGIS Standard for Digital Plan Submission to Municipalities. All media shall be free from any and all defects and viruses, and labeled as to their contents. The template for the requi red standard digital file is available on the MassGIS web site at http://www.mass.gov/mgis/standards.htm (both DWG and DXF formatted templates are provided). Prior to final approval by the Planning Board, the applicant shall submit two copies of the Chapter 880 – Subdivision of Land 10 November 21, 2008 approved version of the Definitive Plan in a “standard digital file”. Failure to submit such digital plans to the Planning Board, and to ob tain a compliance letter may be cause for the Planning Board to rescind approval or not to endorse said pla n. A letter from the Planning Board verifying receipt of electronic files and compliance with Planning Board standards shall be submitted to the applicant within ten days. The Planning Board or the Board’s agent will review and verify the integrity of the data submitted within thirty days. D. Sewer extension permits. (1) Under the provisions of MGL c. 21, § 43, an application must be submitted by the applicant to the Massachusetts Department of Environmental Protection for a permit to allow construction of any sewer extensions of a public sewerage system, including construction plans for pumping stations, forced mains, siphons and other appurtenances. (2) It shall be the responsibility of the app licant to prepare said application, submit it for signature to the Town Engineer, and forward the completed application form to the Department of Environmental Protection. E. Wetlands Protection Act. (1) In accordance with MGL c. 131, § 40, no pers on shall remove, fill, dredge or alter any bank, beach, dune, flat, marsh, meadow or swamp bordering on any existing creek, river, stream, pond, lake or any land under said waters or subject to flooding without filing a written notice of intenti on to perform said wo rk with the local Conservation Commission and the Department of Environmental Protection. (2) In order to determine if the proposed subdi vision, or parts thereof, are subject to the provisions of the Wetlands Protection Act, the Planning Board will, where it deems necessary, submit a copy of the definitive plan to the Conservation Commission. The Conservation Commission shall, to the extent practicable, file a report with the Planning Board not later than forty-five (45) days after receipt of the plan stating that the proposed plans are not subject to the provisions of the Wetlands Protection Act, or the Wetlands Protection Act applies to certai n designated areas. In the event the plan shall be governed by said Act, the Planni ng Board shall include in its decision for approval a condition that the applicant sh all obtain approval from the Conservation Commission prior to any construction activity in the affected areas. F. Review by Board of Health. (1) The Board of Health shall, within forty-five (45) days after filing of the plan, report to the Planning Board in writing, approval or di sapproval of said plan. If the Board of Health disapproves such plan, it 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 therefore in such report, and, where possible, shall make recommendations for the adjustment thereof. (2) 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 the lots or land, unto which such doubt exists, shall not be built upon without prior written consent of the Board of Health to the Planning Chapter 880 – Subdivision of Land 11 November 21, 2008 Board, and shall endorse on the plan such condition, specifying the lots or land to which said condition applies. Any lot so located that it cannot be serviced by a connection to the municipal sewer system shall be provided with a septic tank and leaching system satisfactory to the Board of Health. G. Publihcearing. (1) The Planning Board shall hold a public hearing on the definitive plan in accordance with MGL c. 41, § 81T, which requires adver tising twice, the firs t time at least two (2) weeks before the hearing, and notification of all abutters by registered mail. The Board shall submit copies of the plan for review by the Department of Planning and Development, Department of Public Wo rks, Inspector of Buildings, and Fire Department. Within ninety (90) days fo r nonresidential and nine ty (90) days for residential if preliminary plans were submitted, one hundred thirty-five (135) days if a preliminary plan has not been submitted (unless an extension is agreed upon), the Planning Board shall approve, modify and a pprove, or disapprove the plan, and shall notify the applicant and the Town Clerk of its action, in accordance with MGL c. 41, § 81U. (2) Following approval, there is a twenty-d ay appeal period, after which the Planning Board will endorse its approval of the plan, provided no appeals have been filed and that by then the Board has received satisfa ctory security for performance of required street and utility improvements, and a linen or polyester reproduction of the approved plan has been provided for the Board's file. (3) If the endorsed plan replaces a previously endorsed plan, the applicant shall withdraw the original plan from the Registry of Deeds prior to the endorsement and filing of the new plan. (4) The developer is to provide the Town with a satisfactory performance guarantee within thirty (30) days after the twenty -day appeals period has expired, and upon acceptance of guarantee, the plan will be en dorsed within thirty (30) days by the Planning Board. H. Approval not acceptance. Approval of a defin itive plan does not constitute layout or Town acceptance of any ways, nor does subsequent release of security upon completion of such ways constitute layout or Town acceptance of any street which action is reserved by statute to the Town Council. ARTICLE III Design Requirements § 880-10. Streets. A. General. Design guidelines. All subdivisions shall be designed and improvements made by the developer consistent with the requirements of Article IV. Design and construction shall do the following: (1) Reduce, to the extent reasonably possibly, the following: (a) Volume of cut and fill; Chapter 880 – Subdivision of Land 12 November 21, 2008 (b) Area over which existing vegetation will be disturbed; especially if within two hundred (200) feet of a rive r, pond, or stream, or having a slope of more than fifteen percent (15%); (c) Number of mature trees removed; (d) Extent of waterways altered or relocated; (e) The number of driveways exiting onto existing streets (f) Visual prominence of man-made el ements not necessary for safety or orientation; (g) Erosionnsdiltation; (h) Floodamage. (2) Increase, to the extent reasonably possible, the following: (a) Use of collector streets to avoid traffic on streets providing house frontages; (b) Visual prominence of natural feature of the landscape; (c) Vistas and water views from public ways. (d) Street layout facilitating south orientation of houses B. Desig standards. Classification of Streets. (1) Principal Street: a street which carries traffic equivalent to that generated by forty (40) or more dwelling units or which serves property either used or zoned for commerce or industry. (2) Major Street: a street which car ries traffic equivalent to that generated by more than twenty (20) but fewer than (40) dwelling units, whic h has no abutting property used or zoned for commerce or industry and whic h is not capable for extens ion to serve more than 40 dwelling units. (3) Minor Street: a street which carries traffic equi valent to: (a.) that generated by more than ten (10) but fewer than twenty (20) dwelling units in the Rural Residential (RC) and the Suburban Residential (RB) zoning districts, or (b.) that generated by more than one (1) but fewer than twenty (20) dwelling units in th e Urban Residential (RA) zoning district; and (c.) which has no abutting property either us ed or zoned for commerce or industry and which is not capable for an extension to serve more than 20 dwelling units. (4) Rural Street: a street which carries traffic eq uivalent to that generated by more than one (1) but fewer than (10) dwelling units in the Rural Residential (RC) and the Suburban Residential (RB) zoning dist ricts, which has no abutting property used or zoned for commerce or industry and whic h is not capable for extens ion to serve more than 40 dwelling units. Chapter 880 – Subdivision of Land 13 November 21, 2008 Principal Major Minor Rural Layout Width 60 ft. 50 ft. 50 ft. 450 ft. Number of moving lanes 2 2 2 2 Width of Lanes 20 ft. 15 ft. 13 ft. 12 ft. Total Width of pavement 40 ft. 30 ft. 26 ft. 24 ft. (curb to curb) (end of pavement to end of pavement) Sidewalks/Pathways/Trails Yes Determined by Determined by Determined by Required the Board Board Board Sidewalk width 4.5 ft. 4.5 ft. 4.5 ft 4.5 ft Curbing Required Yes Determined by Determined by Determined by Board Board the Board Curbing Type Granite or Bituminous Bituminous Bituminous Concrete Concrete Concrete Concrete Horizontal Alignment Curve at center line - min. 250 ft. 125 ft. 125 ft. 125 ft. radius Grade: Maximum 6% 10% 10% 10% Minimum 1.5% 1.5% 1.5% 1.5% Safe Stopping sight 300 ft. 200 ft. 150 ft. 150 ft. distance (3.5 ft. above pavement) Intersections Angle - minimum 70° 60° 60° 60° Offsets (street jogs) – 125 ft. 125 ft. 125 ft. 150 ft. minimum Radius of edge of layout 40 ft. 30 ft. 30 ft. 30 ft. Sight stopping distance 300 ft. 200 ft. 200 ft. 200 ft. Cul-de-sacs Length - maximum 800 ft. 800 ft. 800 ft. 800 ft. Minimum turnaround 120 ft. 120 ft. 120 ft. 120 ft. diameter (layout) Minimum turnaround 100 ft. 100 ft. 100 ft. 100 ft. diameter (roadway) Maximum turnaround 40 ft. 40 ft. 40 ft. 40 ft. diameter (roadway inner edge) NOTES: ** A cul-de-sac or a dead-end street shall be defined as a street closed at one (1) end. The length of a cul-de-sac street shall be measured along its center line from the street line of the intersecting street to the center of the turnaround. Cul-de-sac streets shall not be permitted to connect into another cul-de-sac street unless the distance measured along the centerlines from the street line of the connecting non cul-de-sac street to the center of the proposed turnaround is not Chapter 880 – Subdivision of Land 14 November 21, 2008 more than eight hundred (800) feet. C. Access. (1) No subdivision plan shall be approved unless its streets system will connect with: (a) A way legally accepted by Town Council vote; or (b) A way established by county, state, or federal authority; or (c) A way established by a subdivisi on plan approved in accordance with Subdivision Control Law, or any othe r way in existence on the date the Subdivision Control Law became effectiv e in Greenfield if determined by the Planning Board to be sufficient for the needs for access and utilities to serve potential needs of land abutting on or to be served thereby without reduction in the level of traffic service or creation of hazard. (2) The creation of forty (40) or more units requires a special permit for Major Development Review (MDR). See § 200-7.12. of the Greenfield Zoning Ordinance. § 880-11. Open space. Where appropriate, the Planning Board may require reservation of open space for up to three (3) years upon completion of the subdivision to provide an opportunity for the Town to pur chase it for open space or recreation purposes. The Planning Board shall not require reservation of more than ten percent (10%) of the gr oss area of the subdivision fo r such purposes, and shall not require reservation of areas smaller than four (4) acres, except in extraordinary circumstances. § 880-12. Protection of natural features. Due regard shall be shown for all natural features , such as mature trees, watercourses, scenic vistas, locations of historical significance, and similar community assets which, if preserved, will add attractiveness and value to the subdivision. § 880-13. Easements. Easements for utilities across lots or centered on r ear or side lot lines shall be provided, where necessary, and shall be at least twenty (20) fe et wide. Where a subdivi sion is traversed by a watercourse, drainageway, channel or stream, the Board requires that there be provided a stormwater easement or drainage right-of-way of adequate width [minimum of twenty (20) feet] to conform substantially to the lines of such watercourse, drainageway, channel or stream, and to provide for construction or other necessary purposes. § 880-14. Environmental assessment. A comparative environmental assessment may be required for any subdivision creating frontage of ten (10) or more dwelling units within one thousand (1,000) feet of a perennial river or stream as defined by the Massachusetts Wetlands Pr otection Act Regulations (310 CMR 10.00). The scope of such assessment, including development alternatives to be compared and consequences to be studied, shall be as agreed to by the Pl anning Board and may be re quired to include up to Chapter 880 – Subdivision of Land 15 November 21, 2008 two (2) major alternatives to th e plan proposed including a cluster version, with as much of the following information as determined by the Planning Board to be necessary for plan evaluation; and shall be prepared by an interdisciplinary te am to include a land surveyor, civil engineer, and an architect or landscape architect, unless otherwise agreed to by the Planning Board. A. Narrative discussion of differences among alternatives regarding: (1) Impact upon surface water quality and level; (2) Impact upon ground water quality and level; (3) Material effects upon important wildlife ha bitats, outstanding botanical features, and scenic or historic environs; (4) Capability of soils, vegetative cover, a nd proposed erosion contro l efforts to support proposed development without danger of erosion, silting, or other instability; (5) Relationship to the requirements of MGL c. 131, ~~ 40 and 40A (the Wetlands Protection Act). (6) Estimated phosphate and nitrate loadi ng on ground water and surface water from septic tanks, lawn fertilizer, and other activities within the development. (7) Lot layout and house siting for potential solar energy capabilities. B. Discussion of impact on a waterway of a s ubdivision with topographical features of more than thirty (30) feet above said waterway. C. Environmental assessment process. (1) The applicant shall comp lete the Environmental Asse ssment report along with the preliminary plan or prior to submission of a definitive plan outlining what environmental issues the applicant believ es will occur because of this project, including wetlands. (2) The Planning Board will distribute this statement to the Town Engineer, Board of Health, Town agencies or the regional planning commission for review and comment. Comments will be accepted up to twenty-one (21) days from date of receipt of the environmental assessment form. (3) The Planning Board shall review any comments within fourteen (14) days of the close of comment period, determine the issues to be addressed by the applicant, and issue a final scope to the applicant. (4) The applicant shall present responses and alternative as required elsewhere in these regulations relative to each issue raised. (5) The Board shall have forty-five (45) days to review the responses and may work with the applicant to select the most desira ble alternative to mitigate environmental concerns. (6) If, upon preliminary review, additional clarification is necessa ry, the applicant may request a suspension of the forty-five-day period, and request an opportunity to resubmit plans. Chapter 880 – Subdivision of Land 16 November 21, 2008 (7) A final plan shall be prepared by the applicant based upon the decision of the Board. § 880-15. Water Supply Protection District. Any portion of a proposed subdivision which lies within the limits of the Town’s Water Supply Protection District shall conform to the requirements of said district as outlined in section 200- 4.14 of the Greenfield Zoning Ordinance. § 880-16. Flood Hazard Areas. Any portion of a proposed subdivision which is located within the 100-year floodplain as shown on the Town of Greenfield Flood Insurance Rate Maps (FIRM) together with the Flood Boundary and Floodway Maps contained in the Flood Insurance Study shall meet the following requirements: A. All requirements of § 200-4.13 Floodplain District (F) of the Greenfield Zoning Ordinance. B. The subdivision, including utilities and drainage, shall be designed to be consistent with the needs to minimize flood damage and provide adequate drainage. C. Subdivisionshailclude base flood elevation data. ARTICLE IV Required General Road Improvements and Specifications § 880-17. Compliance required. The following improvements shall be made by the subdivider without expense to the Town. A. Street obstructions. The entire area of each street or way shall be cleared of all stumps, brush, roots, boulders, like material and all trees not intended for preservation. B. Subsurface removal. All loam, clay, peat or other yielding material shall be removed beneath all street layouts to a depth specified by the Town Engineer and shall be replaced with a granular material acceptable to the Town Engineer. C. Fill types allowable. Whenever it is necessa ry to install fill to bring a roadway to sub- grade, said fill shall be of a granular materi al satisfactory to the Town Engineer and the Greenfield Department of Public Works. All fill shall be placed in nine-inch layers compacted to not less than ninety-five percen t (95%) of maximum dry density as specified in the MassHighway Standards. The developer shall be responsible for the costs of all soil testing and analysis required by the Town Engineer. D. Ground water. Wherever ground water is encounte red within four (4) feet of the proposed roadway surface or wherever the soil type indica tes the possibility of a capillary rise of water in the sub-grade soil, sub-drains shall be installe d under both shoulders of the roadway. The design and depth of the sub-dr ains shall be in accordance with the specifications of the Town Engineer and the Greenfield Department of Public Works. E. Rock excavations. Wherever rock is encountered, it shall be excavated to a depth of two (2) Chapter 880 – Subdivision of Land 17 November 21, 2008 feet below the sub- base of the roadway for the full width of the street layout. The excavated rock shall be replaced with a granular material satisfactory to the Town Engineer and the Greenfield Department of Public Works. F. Sub -base. Roadways shall be brought to the bottom of the sub -base elevation prior to the installation of the water mains, storm drains, sanitary sewers or other utilities. G. Sub -base compaction. The gravel base and sub -base of the roadway shall be compacted to not less than ninety-five percent (95%) of maximum dry density. H. Curbs. (1) Curbing, where required, should be standa rd granite, precast concrete, or bituminous concrete as determined by the Planning Board with recommendations by the Town Engineer and the Department of Public Work s. All catch basins should have granite drop inlets. (2) Where bituminous concrete curbs are allowed, the curb type shall be approved by the Town Engineer before installation. Bituminous concrete curbs, with a width of twelve (12) inches and minimum pitch of three (3) inches to five (5) inches, may be allowed where grades are less than three percent (3%). § 880-18. Roadway material requirements. A. The structure of the roadway will be composed of the following items: (1) Bituminous concrete pavement. The materi al used for roadway pavement shall be Class I Bituminous Concrete Type I-1 app lied in two (2) courses. All work shall conform to the requirements of Secti on 460 of the MassHighway Standard Specifications for both the binder and top co urses. All materials shall conform to Section M3 of said Standard Specifications. (2) Base. The material used for a base course shall be a processed gravel that meets with the approval of the Town Engineer. The grav el shall conform to the requirements of Section M1.03.1 of the MassHighway Standard Specifications. (3) Sub-base. The material used for a sub-base shall be a bank run or crushed gravel that meets with the approval of the Town Engin eer and shall conform to the requirements of Section M1.03.0 of the MassHighway Standard Specifications. (4) Sub-grade (sand borrow). When sand borrow is required belo w the sub-base, the material used shall conform to Sec tion M1.04.0 Type B of the MassHighway Standard Specifications and shall be compacted to ninety-five percent (95%) of maximum dry density. B. Subsurface soil data. (1) Soil information. The Board may require subsurface soil information to evaluate the adequacy of the roadway design. Such info rmation may include test pits, borings, or probings along each proposed street, primarily at locations such as cut sections, areas of questionable foundation material, a nd areas of potentia lly high groundwater elevations. The requirement for and location of test pits shall be established by the Chapter 880 – Subdivision of Land 18 November 21, 2008 Board during the preliminary plan review process. If a preliminary plan did not precede the definitive plan submittal, test pi t data will be required at locations every eight hundred (800) feet along roadway cente r lines, plus areas where the proposed grade is three (3) feet or more below existing grade and probings will be required along the center line and sideline at twen ty-five-foot intervals where the roadway crosses wetlands or other areas of unsuitable material. (2) Soil test pit specifications. Borings and test pits shall be to a de pth at least four (4) feet below finished grade and the logs s ubmitted to the Board shall indicate their location and ground elevation, a classificati on o the soil strata by depth, depth at which groundwater or rock, if any, is encountered and the date of the test. (3) Probings. Probings shall be used to determine the depth of unsuitable material and the data shall be submitted to the Board on a scale of one (1) inch equals twenty (20) feet drawing showing the roadwa y center line (with stations ) and sidelines, and test locations with existing ground elevations and the depths of unsuitable materials. (4) Planning Board present. All subsurface so il investigations shall be made in the presence of a representative of the Planning Board or its designated agent. (5) Registered engineer. All soil logs to be submitted to the Board shall be stamped by a registered professional engineer. C. Streertoss-section/drainage/gra de and slope stabilization requirements. (1) Drawn to scale. Typical street cross-se ction for each class of street within the subdivision, drawn at one (1) inch equals four (4) feet, showing location of all elements within the street right-of-way, and typical cross-sections of any altered drainage courses or off-street paths shall be drawn. (2) Easements, Drainage calculations, ev idence of ownership, language of any easements, covenants, or restrictions applyi ng or proposed to appl y to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision, description of erosion cont rol methods to be employed shall be presented. (3) Drain pipes, manholes, catch basins. Dr ain pipes and related manholes and catch basins shall be constructed in conformity w ith the specifications and requirements of the Greenfield Department of Public Works. § 880-19. Roadway design standards. A. In general, the roadway structure designs for all streets shall be in accordance with the following, unless otherwise required by the Town Engineer. B. Thsub -grade shall be classified as follows: (1) PoorS:ub -grade soils which become quite soft and plastic when wet. Included in this classification are those soils having appreciable amounts of clay, silt, and fine sand where front penetration of the sub-grade is expected. (2) MediumS :ub -grade soils which retain a moderate degree of firmness when saturated. Chapter 880 – Subdivision of Land 19 November 21, 2008 Included are such soils as fine sand, silty sand and sandy gravel with some silts and clays. (3) Good to Excellent: Sub -grade soils which retain a subs tantial amount of their load supporting capacity when satura ted shall be classified as good. Included are clean sand and gravel free from detrimental amounts of plastic silts and clay. Required Roadway Structure Type of Pavement Depth of Roadway Section Section for Sub- grade Type (inches) Poor Medium Good Major 1 1 1 Minor Bituminous Rural Concrete Top Course 2 2 2 Bituminous Concrete Binder Course Processed 6 6 6 Gravel Base Course Gravel 18 12 6 Borrow Sub-base Principal 1 1 1 Bituminous Concrete Top Course 2 2 2 Bituminous Concrete Binder Course Processed 9 9 9 Chapter 880 – Subdivision of Land 20 November 21, 2008 Gravel Base Course Gravel 18 12 6 Borrow Sub-base M1.04.0 12 0 0 Type B Sand Borrow § 880-20. Gutters. Paved gutters shall be installed at the discretion of the Town Engineer, as deemed necessary due to special conditions of topography, drainage or alignment. § 880-21. Sidewalks/Pathways/Trails. Sidewalks shall be required for all proposed Prin cipal Streets, except t hose within the Planned Industry (PI) Zoning District, and may be requir ed for proposed Major, Minor and Rural Streets if deemed necessary by the Planning Board. Sidewalk construction within a roadway layout shall conform to Article III - Design Requireme nts - of these regulati ons and the Greenfield Department of Public Works specifications. § 880-22. Utilities. All gas, telephone, electricity and cable antenna television lines sh all be installed underground. Utilities shall be located in accordance with the "Greenfield Standard Locations for Construction of Streets and Appurtenances," dated April 6, 1982, unless otherwise a pproved by the Town Engineer. § 880-23. Street Lights. Installation of street lights sh all be in accordance with the Geenfield Department of Public Works “Guidelines for Approval of New Streetlights on Public Ways”. § 880-24. Sewers. Sanitary sewer pipes a nd related equipment, such as man holes and connecting Y's, shall be constructed in conformity with specifications issued by the Greenfield Department of Public Works. Where, in the opinion of the Town Engineer, existing public sewer mains are not reasonably accessible, the plan may be approved without provision of street sewers provided: A. That no lot shall be built upon without the provision of on-lot sewerage disposal facilities specifically approved by the Board of Hea lth in accordance with Title V of the Massachusetts Sanitary Code; and Chapter 880 – Subdivision of Land 21 November 21, 2008 B. That the Town Engineer may require installa tion of so-called "dry-sewers" in conformity with specifications of the Greenfield Department of Public Works in any street where, in its estimation, sanitary sewers may become accessible within a period of ten (10) years. § 880-25. Water. Water pipes and related equipment, such as hydrants and main shutoff valves, shall be constructed to serve all lots on each street in the subdivision in conformity with specifications and requirements issued by the Greenfield Department of Public Works. Where, in the opinion of the Greenfield Department of Public Works, ex isting water mains are not reasonably accessible, the plan may be approved without provision of street water lines provided: A. That no lot shall be built upon without the provisions of on-lot wate r facilities specifically approved by the Board of Health; and B. That the Town Engineer may require such sp ecial provisi
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