Town of Holden - Chapter 7.3 Subdivision Regulations

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Chapter 7.3 Subdivision Regulations

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SUBDIVISION CONTROL REGULATIONS

FOR THE TOWN OF HOLDEN

EFFECTIVE: DECEMBER 4, 1973

Public Hearing	December 4, 1973
Approved	December 4, 1973
Amended	April 7, 1977
Amended	August 22, 1978
Amended	April 28, 1981
Amended	January 13, 1987
Amended	October 13, 1987
Amended	October 10, 1989
Amended	December 12,1989
Amended	July 23, 1991
Amended	March 9, 1993
Amended	April 12, 1994
Amended	March 26, 1996
Amended	April 28, 1998
Amended	May 8, 2001
Amended	April 23, 2002
Amended	August 13, 2002
Amended	January 13, 2004

RULES AND REGULATIONS GOVERNING THE SUBDIVISION

OF LAND IN HOLDEN, MASSACHUSETTS

INDEX

Purpose		4
Section I	Authority	4
Section II	General	5
A.	Definitions
B.	Plan Believed Not to Require Approval
Section III	Preliminary Plan	7
A.	Procedure
B.	Contents of the Preliminary Plan and Relevant Data
Section IV	Definitive Plan	9
A.	Procedure
B.	Contents of Definitive Plan and Relevant Data
C.	Security for Performance
D.	Approval of the Definitive Plan
E.	Compliance with Zoning Bylaw
Section IV-A	Building Sites - Adequate Ways	15
Section V	General Design Standards	16
A.	Streets
B.	Easements
C.	Islands
D.	Open Spaces and Parks
E.	Wetlands
F.	Flood Plain District Standards
G.	Environmental Analysis
Section VI	Requirements Improvements for an Approved Subdivision	22
A.	Intent
B.	Inspection
C.	Street and Roadway
D.	Drainage
E.	Utilities
F.	Monuments
G.	Street
H.	Street Lights
I.	Shade Trees
J.	Clean-Up
K.	Maintenance of Roadways
L.	Industrial Subdivision
M.	Record Drawings and Acceptance Plans
N.	Fencing

Section VII	Administration	35
A.	Variances
B.	Revocation of Approval
C.	Reference
D.	Inspection and Control
E.	Fees under Chapter 44, Section 53G

Appendix:
A.	Typical Roadway Section
B.	Typical Roadway Section in R-40 Districts
C.	Typical Roadway Section - Collector Street with Bikeway
D.	Typical Driveway Section

RULES AND REGULATIONS GOVERNING THE SUBDIVISION

OF LAND IN HOLDEN, MASSACHUSETTS

PURPOSE

The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivision providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas. The powers of a planning board and of a board of appeal 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 adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or bylaws; for securing adequate provision for water, sewerage, drainage and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in the city or town in which each it is located and with the ways in neighboring subdivisions. It is the intent of the subdivision control law that any subdivision plan filed with the planning board shall receive the approval of such board if said plan conforms to the recommendation of the board of health and to the reasonable rules and regulations of the planning board pertaining to subdivisions of land, provided, however, that such board may; when appropriate, waive as provided for in section eight-one P, "such portions of rules and regulations as is deemed advisable". (Massachusetts General Laws Section 8l-M, Chapter 41).

SECTION I

Authority

Pursuant to Chapter 41, General Laws of the Commonwealth of Massachusetts, Sections 81K-81GG inclusive as most recently amended, the Planning Board of the Town of Holden, Massachusetts, issues the following regulations governing all subdivisions of land in the Town of Holden, all plans thereof and all procedures relating thereto.

These regulations supersede all previous subdivision regulations of the Board, which are hereby repealed.

SECTION II

General

No person shall make a subdivision of any lot, tract or parcel of land within the town, or proceed with the planning, improvement, or sale of lots in a subdivision without first submitting to the Planning Board for approval a Definitive Plan of such subdivision.

A. Definitions

For the purpose of these rules and regulations, the following terms used herein are defined as follows:

1. BOARD: The Planning Board of the Town of Holden

2. SUBDIVISION: The division of a lot, tract or parcel of land into two or more lot sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development in such manner as to necessitate a street or way to furnish access to said lots, sites or other divisions of land, re-subdivisions, and when appropriate to the context, the process of subdividing, or the land or territory subdivided.

3. APPLICANT: Applicant shall include an owner, or his agent or representative, or his assigns.

4. STREETS:

a. Minor Street: A street which generally serves only those residents living on that street and which can be considered to permanently serve the exclusive function of being a residential street.

b. Collector Street: A street which serves or may eventually serve any of the following purposes: provide for internal traffic movement within an area of the town, such as a subdivision provide for through-traffic movements within a local area; connect such areas with the major Arterial System, or other subdivision, or industrial/commercial centers. A collector street is intended to supply abutting property with the same degree of land service as a local street while at the same time serving local traffic movement.

c. Arterial Street: A street which handles or is expected to handle a considerable volume of traffic and provides inter-town access between Holden and adjoining communities.

B. Plan Believed Not to Require Approval

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 Laws, may submit the following to the Planning Board accompanied by the necessary evidence to show that the plan does not require approval:

l. Original mylar of plan

2. One (1) sepia of plan

3. Six (6) copies of plan

4. Two (2) copies of completed application Form A

5. Filing fee of $25.00 per A-N-R plan.

Any A-N-R plan proposing the creation of more than two (2) new lots will require an additional filing fee of $10.00 per additional lot, beyond the first two lots proposed.

The Plan shall be submitted by delivery to the Town Planning Department Office five (5) days prior to a meeting of the Planning Board.

Written notice of submission using Application Form A shall be given to the Town Clerk by hand delivery or by registered mail, postage prepaid. If notice is given by delivery, the Town Clerk shall, if requested, give a written receipt to the person who delivered such notice.

In general, a plan of a subdivision of land into two or more lots and not needing approval, shall meet one or more of the following requirements:

1. Each lot therein has adequate frontage on (a) a public way or a way which the Town Clerk certifies is maintained and used as a public way, or (b) a way shown on a plan therefore approved and endorsed in accordance with the Subdivision Control Law, or (c) a way in existence when the Control Law became effective, having, in the opinion of the Board, sufficient 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 at least such distance as is required by the zoning or other bylaw of the Town of Holden for erection of a building on such lot.

2. Each lot has standing on it a building, such building having been standing at the time of the adoption of Subdivision Control Laws by the Town.

3. The plan is of an already existing lot, parcel or tract and shows no division, but each lot or parcel not conforming to the Zoning Bylaw or regulations of the Board governing the subdivision of land may be marked, not a building lot.

The A-N-R shall contain a locus plan, at a scale of one inch equals eight hundred feet, indicating property bounds of parcels and street adjoining the A-N-R property.

If the Board determines that the plan does not require approval, it shall, forthwith, without a public hearing endorse on the plan the words: "Planning Board Approval Under the Subdivision Control Law Not Required". One member of the Board may be authorized to endorse said plans on the name of the Board. Said plans shall be returned to the applicant and the Board shall notify the Town Clerk of its action. The applicant shall provide the Board with a sepia and five copies of the endorsed prints.

If the Board determines that the Plan does require approval under the Subdivision Control Law, it shall within twenty-one days of submission of said plan also notify the Town Clerk and the applicant of its determination in writing.

SECTION III

Preliminary Plan

A. Procedure

A preliminary plan of a subdivision so identified may be submitted by the subdivider to the Planning Board and to the Board of Health for consideration and approval, modification or disapproval, by each Board prior to the submission and hearing of the Definitive Plan. If the notice is given by delivery the Town Clerk shall, if requested, give a written receipt therefore. Within forty-five days after submission of a preliminary plan each board shall notify by certified mail the applicant and the Town Clerk of the town either that the plan has been approved, or that the plan has been approved with modifications suggested by the Board or agreed upon by the person submitting the plan or that the plan has been disapproved and in the case of disapproval, the Board shall state in detail its reasons therefore. The Planning Board shall notify the Town Clerk of its approval or disapproval, as the case may be. Except as is otherwise expressly provided, the provisions of the subdivision control law relating to a plan shall not be applicable to a preliminary plan, and no registry of deeds shall record a preliminary plan. The submission of such a Preliminary Plan may enable the subdivider, the Planning Board, other municipal agencies and owners of property abutting the subdivision to discuss and clarify the problems of such a subdivision before a Definitive Plan is prepared.

The Preliminary Plan shall show the relation between the area to be included within the proposed subdivision plan and the surrounding area which has already been developed or which remains to be developed. Thus the Preliminary Plan shall properly show the proposed future layout for a large area under one ownership, only a portion of which is now to be made the subject of petition and plan.

Any person who submits a preliminary plan of a subdivision to the Planning Board for approval shall submit a filing fee of $100.00 per preliminary subdivision plan.

After submission of the Preliminary Plan to the Board and a conference to acquaint the Board with the general character of the subdivision proposed and the intentions of the developer, the Planning Board may require that the proposed streets and lot lines be staked out to permit inspection by the Board and other Town Officers.

This preliminary consideration by the Board does not in any way constitute such approval as to authorize the owner to proceed with grading of streets or other work in the subdivision. No such authorization exists until the Board has given its approval on a Definitive Plan after a public hearing. The formal approval of the Definitive Plan by the Board, and the endorsement of its approval upon the Plan, are prerequisites to the issuance of building permits and to the construction of municipal services and improvements.

An informal public hearing will be provided at the preliminary plan stage in order to allow for better communication and understanding by the public and give the developer an opportunity to hear the abutters' concerns prior to the definitive plan.

Contents of the Preliminary Plan and Relevant Data

The following shall be included in the submittal of a preliminary subdivision application:

Eight (8) copies plus a sepia of the same 24” x 26”

Eight (8) copies of a 11” x 17” subdivision layout.

Two (2) completed “Form B” Applications. Each form must have the original signature of the propertpy owner.

One (1) copy of a certified abutters list.

One (1) complete set of peelable mailing labels of abutters/addresses.

Application Fee of $500 plus $50/Lot

Engineering Review Fee - $125 plus $25/lot

The Preliminary Plan shall show:

1. Subdivision names, boundaries, north arrow, zoning classification, date, scale, and title "Preliminary Plan". Preliminary subdivision plan drawings shall be on a scale of one inch (1") to forty feet (40'). Sheet size shall be 24" x 36".

2. Name of the owner of record, the applicant, and of the designer, engineer or surveyor.

3. Names of all abutters as determined from the most recent local tax list.

4. Approximate boundary lines of proposed lots with approximate areas and dimensions.

5. The existing and proposed lines of streets, ways, easements and any public area within and adjacent to the subdivision in a general manner.

6. The names, approximate location and widths of adjacent streets.

7. Proposed system of drainage including adjacent existing natural waterways in a general manner.

8. The topography of the land in a general manner.

9. The location on the tract of any lands formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by a railroad company.

SECTION IV

Definitive Plan

A. Procedure

1. An applicant, proposing to subdivide a tract of land, shall submit to the Board a formal petition to approve the subdivision. This petition shall be submitted on forms provided by the Board and shall be accompanied by nine copies plus a sepia for a Definitive Plan and by street profiles, prepared in accordance with the regulations hereinafter provided in Section IV, Paragraph B. A petition and plan shall be submitted under this section when delivered at a meeting of the Board or when sent by registered mail to the Board in care of the Holden Town Clerk. If so mailed, the date of mailing shall be the date of submission of the petition and plan.

Definitive plan submissions requiring an Environmental Analysis review under Section V-G of this Bylaw must be accompanied by thirteen (13) copies of the Environmental Analysis report, inclusive of all requirements of Section V-G of the Subdivision Control Regulations. Any definitive plan petition which fails to include said report copies required under Section V-G will not be considered as a formal petition for approval under M.G.L., Chapter 41 and the Holden Subdivision Control Regulations, and will not be accepted by the Planning Board or Holden Town Clerk for the purpose of scheduling a public hearing and Board review.

2. A copy of the Definitive plan submitted to the Board shall be filed with the Town of Holden Board of Health. The Board of Health shall, if the subdivision is to be serviced by a municipal sewerage system, report within forty-five (45) days after the plan is filed to the Planning Board in writing, approval or disapproval of said plan and in the event of disapproval, shall make specific findings as to which, if any, of the lots shown on said plan cannot be used as building sites without injury to the public health and include such specific findings and the reasons therefore in its reports. There is no time for Board of Health action with regard to subdivisions not services by municipal sewerage systems.

3. Every person submitting a definitive plan of land to the Planning Board for its approval or for a determination that approval is not required shall give written notice to the Town Clerk by delivery or by registered mail, postage prepaid, that he has submitted such a plan. If the notice is given by delivery the Clerk shall, if requested, give a written receipt therefore to the person who delivered such notice. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land; and the facts stated in such notice shall be taken by the Town Clerk as true, unless the contrary is made to appear.

4. Before approval, modification and approval, or disapproval of the Definitive Plan is given, a public hearing shall be held. Notice of the time, place and subject matter of the hearing shall be given by the Board by advertisement in a newsletter of general circulation in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan, as appearing on the most recent tax list. All such notice shall be at the expense of the applicant.

5. Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Board the following:

A filing fee equal to the total of one hundred dollars ($100.00), plus fifty dollars ($50.00) for each lot in the subdivision.

B. Contents of Definitive Plan and Relevant Data

The Definitive Plan shall be stamped and signed by (1) a Registered Land Surveyor if surveying information is shown, and also by (2) a Registered Professional Engineer if the plan shows the design of road pavements, water pipes, sewerage or other utilities. Said plan shall be clearly and legibly drawn on mylar. The drawing shall be on a scale of one inch to forty (4) feet. Sheet size shall be 24" by 36".

One (1) Sepia or Mylar. This does not include the final mylar to be signed by the Planning Board if approved.

Eleven (11) Blueprint Copies.

Eight (8) 11” x 17” copies of subdivision layout

Two (2) completed “Form C” Applications each form with the original signature(s) of property owner(s).

Thirteen (13) copies of the Environmental Review Report.

Thirteen (13) copies of the Traffic Study.

One (1) certified abutters list – abutters within 500 feet.

One (1) complete set of peelable mailing labels of abutters/address.

Submittal of subdivision information in an electronic format that is acceptable by the Department of Public Works Engineering.

Application Fee of $1,000 plus $100/Lot

Engineering Review - $1,000 plus $150/Lot

Revisions - $300 plus $50 per affected lot

The Definitive Plan shall contain or be supplemented by the following:

1. Subdivision name, boundaries, north arrow, zoning classification, date, scale, legend and title "Definitive Plan".

2. Name and address of owner of record, subdivider, and Registered Land Surveyor and Registered Engineer with registration numbers.

3. Locations and names of adjacent subdivision, and names of all abutters as determined from the latest local tax list, said abutters list certified as to its accuracy by the Holden Board of Assessors.

4. Existing and proposed lines of streets, ways, lots, sidewalks, bikepaths, easements and public areas within the subdivision and their connection by distance and direction from the nearest monumented highway and/or established existing property corner monuments.

5. Sufficient data to determine readily the location, direction and length of every street line, and boundary line to reproduce same on the ground, in accordance with the Massachusetts Department of Public Works practice.

6. The location of all permanent monuments by appropriate symbols.

7. Location, names and width of existing streets within or abutting the subdivision. The names of proposed streets shall be shown in pencil until they have been approved by the Board.

8. Topography, with prescribed interval of contours, when required by the Board.

9. Boundary lines, areas and dimensions of all proposed lots with all lots designated numerically and in sequence.

10. The Planning Board may require cross sections of any subdivision plan.

11. House numbers on plan and a legend designating the manner in which such numbers are indicated. (The standard for numbering is one add and even consecutive digit for every thirty (30) feet of road surface measured on the center line. Apply odd numbers on the right side of the streets as they leave the center of Town or main thoroughfare and even numbers on the other).

12. The layout plan shall show sidelines, centerlines, points of tangency, length of tangents, length of curves, intersection angles, and radii of the curves for each street in the subdivision, together with all buildings, walks, drives and other existing fixtures within forty (40) feet of the sidelines of such street. This layout plan shall also show the proposed system of water supply and sewer, when applicable, including size, location elevation of all storm drains and water mains and their appurtenances existing in or proposed for each street. The plan shall also show all underground utilities, gas, electrical and telephone with legend.

The layout plan shall have a centerline in the layout measured to one one-hundredth of a foot and stationed at one hundred (100) foot intervals in accordance with the standard practice of the Massachusetts Department of Public Works (1988 Edition of the M.D.P.W. Std. Specs., as amended or updated). Each straight portion of the centerline shall have a bearing and a distance given on the centerline. The point of curvature and point of tangency of all centerline curves shall be indicated by centerline stations, and the radius and length of all centerline curves shall be given on the plan. Bounds shall be set at the point of curvature and point of tangency of all side line curves and shall be described by bearing and offset from centerline stations.

All side line curves shall have the radius and length given on the plan. Permanent bounds shall be described from centerline stations and shall occur at not greater than three hundred (300) foot intervals. In special cases the above procedure may be varied to meet existing conditions on request of the development engineer and by permission of the Board.

Directly above or below the layout plan of each street profile shall show existing and proposed grades along the centerline of the street, together with figures of elevations of fifty (50) foot intervals along vertical uniform grades and at twenty-five (25) foot intervals along vertical curves. Profile shall be plotted at forty (40) feet to the inch horizontally and four (4) feet to the inch vertically. The drainage system shall be shown on the profile and the inverts of all manholes, catchbasins and culverts shall be given to one one-hundredth of a foot. Plan to show where the system begins and terminates to existing systems where applicable. All elevations given shall be referred from either the U.S. Geodetic base or from another standard base as approved by the Planning Board. A sepia must be submitted of this layout plan.

13. Proposed system of drainage, including existing natural waterways with cross sections and existing and proposed natural waterways of drainage systems on adjacent property. Direction of flow of drainage systems and natural waterways shall be indicated.

14. Water elevations of adjoining lakes, streams and wetlands and approximate high and low water elevation of such features.

15. Orientation sheet (i.e. locus plan) at one inch equal to 400 feet indicating property bounds of parcels and streets adjoining the subdivision.

16. Sufficient space, at least three (3) by five (5) inches must be left for the signatures of the Holden Planning Board on each sheet.

17. The location on the tract of any lands formerly used as a railroad right-of-way or any property appurtenant thereto formerly used by a railroad company.

18. The Definitive Plan shall be drawn in accordance with the requirements of the Worcester Country Registry of Deeds.

19. The Definitive Plan shall contain information as required in Section I of the Board of Health Minimum Requirements for the Disposal of Sanitary Sewerage in Unsewered Areas in the Town of Holden.

20. The Definitive Plan shall contain information to show compliance with minimum fire flow requirements as detailed in Section VI-E-2-b of the Subdivision Control Regulations.

C. Security of Performance

l. Before endorsement of its approval of a Definitive Plan of a subdivision by the Board, the applicant shall agree to complete the construction of ways, installations of municipal services and all other required improvements as specified in Section V for all lots in the subdivision within two years , such construction and installation to be secured by one of the following methods, or a combination thereof:

a. The applicant may file a performance bond with a surety company as surety, or, at the election of the applicant, a deposit of money or negotiable securities, or a bank account property assigned to the Town of Holden, in an amount determined by the Board to be sufficient to cover the cost of all or any part of the construction of such ways, services and improvements specified in Section V not covered by the covenant hereinafter provided in subsection b. Such bond, deposit or assignment shall be approved as to form and manner of execution by the Town Counsel and any surety company shall be approved by the Town Manager. The bond or security shall be conditioned upon the due performance of the agreement specified above. Any remaining incompleted portion of the subdivision must be renegotiated at the end of the two (2) year period.

b. The applicant may file a covenant with the Board, executed by the owner of record and duly recorded in the Worcester District Registry of Deeds, running with the land, whereby such ways, services and improvements specified in Section B shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed. The covenant shall include the following language: The construction of all ways and improvements and in the installation of all municipal services shall be completed in accordance with the applicable rules and regulations of the Planning Board of the Town of Holden within thirty-six (36) months from the date of this covenant. Failure to so complete such construction and installation within such period shall automatically rescind approval of the subdivision plan as to which this Covenant is recorded.

2. The penal sum of any bond, or the amount of any deposit held under subsection a. above, may, from time to time, be reduced by the Board and the obligations of the parties thereto released by said Board or in whole or in part.

3. Upon completion of improvements required under Section V, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant may request and agree on terms of release with the Board, or he may send by registered mail to the Town Clerk a written statement in duplicate that the said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with the requirements contained under Section V, such statement to contain the address of the applicant, and the Town Clerk shall forthwith furnish a copy of said statement to the Board. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant in writing the details wherein said construction and installation fails to comply with the requirements contained under Section V. Upon failure of the Board to act on such application within forty-five days after the receipt of the application by the Town Clerk, all obligations under the bond shall be returned and any such covenant shall become void. In the event that said forty-five day period expires without such specification, or without the release of the covenant as aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

4. The applicant shall give the Town Engineer a notice no later than September 30 , stating the completion of the steps in the construction of ways and installation of utilities so as to make practicable all essential inspection by the Town Engineer required in Section VI for the purpose of enabling him to inform the Board upon completion of the work that the work has been properly done to the standard prescribed in Section V.

D. Approval of the Definitive Plan

l. A Record of the proceedings of the Board relative to the approval or disapproval of the Definitive Plan setting forth the reasons for the decision in the event of disapproval or modification shall be filed in the office of the Board. A certificate of such action taken by the Board shall be filed with the Town Clerk and notice thereof shall be sent to the applicant by registered or certified mail.

2. If the report of the Town of Holden Board of Health, as hereinbefore provided in this Section IV, Paragraph A-2, shall so require, any approval by the Planning board may be on condition that no building or structure shall be built or placed upon the area designated without consent of said Board of Health.

3. Final approval of the Definitive Plan shall be endorsed thereon by a majority of the Board not until the statutory twenty (20) days appeal period has elapsed following the filing of the certificate of action of the Board with the Town Clerk and the Town Clerk has notified the Board that no appeal has been filed. After the Definitive Plan has been approved and endorsed, the applicant shall furnish the Board with a sepia and seven (7) copies thereof. Final approval of the Definitive Plan does not constitute the laying out or acceptance by the town of streets within a subdivision.

4. The Board reserves the right on its own motion or on the petition of any person interested, to modify, amend or rescind its approval of a subdivision or to require a change therein as a condition of the subdivision retaining approved status. No modification, amendment or recision of the approval of a plan of a subdivision or changes in such plan shall effect the lots in such subdivision which have been sold or mortgaged in good faith and for a valuable consideration subsequent to the approval of the plan, or any right appurtenant thereto, without the consent of the owner of such lots, and of the holder of the mortgage or mortgages, if any, thereon, provided, however, that nothing herein shall be deemed to prohibit such modification, amendment or recision when there has been a sale to a single grantee of either the entire parcel of land shown on the subdivision plan or of all the lots not previously released by the Planning Board.

E. Compliance with Zoning Bylaw

No Definitive Plan shall be approved which is not in compliance with the applicable provisions of the Zoning Bylaw of the Town of Holden.

SECTION IV-A

Building Sites - Adequate Ways

Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on (a) any lot in a subdivision, or (b) elsewhere in the Town of Holden without the consent of the Planning Board, and such consent will be conditional upon the providing of adequate ways furnishing access to each building site in the same manner as otherwise required for lots in a subdivision.

SECTION V

General Design Standards

A. Streets

l. Location and alignment

a. All streets in the subdivision shall be designated so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall be also given by the applicant to the attractiveness of the street lay-out in order to obtain the maximum livability and amenity of the subdivision.

b. The proposed streets shall conform, so far as practicable, to the Future Land Use and Transportation/Circulation Plans as adopted in whole or in part by the Town of Holden.

c. Streets shall be continuous and in alignment with existing streets as far as practical.

d. Provisions satisfactory to the Board shall be made for the proper projection of streets to adjoining properties and their street connections, if they are already subdivided, or to the Plan Boundary when adjoining properties are not already subdivided. When Plans include such connection or projections, the Board may require full construction of the same as part of the street system for the purpose of providing adequate facilities for water, sewerage and drainage in the subdivision and for coordinating the ways in the subdivision with the public ways in the town and adjacent subdivisions.

e. Accesses to adjoining property which is not yet subdivided shall be provided in such a manner that cross-connections will be spaced at not more than one thousand foot intervals.

f. 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.

g. All curved streets shall be designed to permit safe vehicular travel.

(1) The minimum center line radius of curved streets shall be as follows:

Minor streets: One hundred fifty (150) feet;

Collector streets: Three hundred (300) feet;

Arterial streets: Five hundred (500) feet.

(2) All reverse curves on arterial and collector streets shall be separated by a tangent at least one hundred (100) feet long.

(3) Property lines at street intersections shall be rounded with a radius of not less than twenty (20) feet in minor and collector streets and thirty (30) feet in arterial streets.

(4) Streets entering opposite sides of another street shall be laid out directly opposite one another or shall have a minimum offset of one hundred twenty-five (125) feet between their lines.

(5) 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 sixty (60) degrees, unless the Board determines otherwise.

2. Width

a. The minimum width of streets shall be as follows or as prescribed by the Board. Bikepaths shall be installed on collector and arterial streets. See also Section VII, A, regarding R-40 districts. See Appendix C.

	Roadway	Right-of-Way
Minor Streets	28 ft.	50 ft.
Collector Streets	30 ft.	60 ft.
Arterial Streets	44 ft	80 ft.

3. Grades

a. Grades of all streets except dead-end streets shall not be less than 1.5% nor more than 10.0% on minor or collector streets except within 300 feet of an intersection where grades cannot exceed 5.0%. Grades on arterial streets may not exceed 5.0%. Grades of all dead-end streets shall not be less than 2.0% nor more than 10.0% and may not exceed 5.0% within 300 feet of an intersection.

b. All changes in grade exceeding three-quarters (3/4) percent shall be connected by vertical curves of sufficient length to afford, in the opinion of the Board, adequate sight distance.

c. Streets and lots shall be aligned and graded to facilitate connection with the existing and proposed sewerage system where applicable.

d. Cuts or fills in excess of eight (8) feet or roadway locations resulting in lots being more than eight (8) feet above or below the grade of the roadway shall be substantiated by the submission of cross sections showing the proposed grading within two hundred (200) feet of the roadway on both sides.

e. Retaining walls will not be approved nor shall they be constructed within the street right of way.

4. Dead-end Streets

a. Dead-end streets shall be no longer than five hundred (500) feet measured to the center of the cul-de-sac unless, in the opinion of the Board, a greater length is necessitated by topography or other local conditions.

For the purposes of this section, any proposed street which intersects solely with a dead-end street shall be deemed to be an extension of the dead-end street.

b. Dead-end streets shall be provided at the closed end with a turn around or (cul-de-sac) having an outside diameter of at least one hundred (100) feet paved, and a right-of-way diameter of at least one hundred twenty (120) feet.

c. Through streets indicated on the plan, that are not constructed to provide through traffic, shall provide for temporary turn-arounds to be approved by the Board, or its agent, before any houses on such streets shall be occupied.

d. Any easement in a turn-around other than an easement appurtenant to a lot abutting the turn-around shall terminate upon the approval and recording of a plan showing extension of said way, except in such portion of said turn-around as is included in said extension, and upon the recording of a certificate by the Board of the construction of said extension.

e. A permanent cul-de-sac shall have an island with a fifteen (15) foot radius and be enclosed by a regulation bituminous berm. The interior of the island shall be loamed and seeded according to the specifications relating to grassed areas, Section VI c. 6.,a. and b. and are to be indicated on the Definitive Plan.

B. Easements

l. Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least twenty (20) feet wide. All easements shall be graded such that they are passable to all Holden Department of Public Works vehicles.

2. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board shall require that there be provided a storm water easement or drainage right-of-way of adequate width to conform substantially to the lines of such water courses, drainage way, channel or stream, to provide for construction or other necessary purposes and to provide for extension of such water courses on adjoining property properly bounded and described. Alternatively, a strip including the water course may be deeded to the town Conservation Commission or some other public or private cooperative non-profit organization for the purposes of conservation and recreation.