Chapter 7.3 Subdivision Regulations

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.

3. If the Board of Health as a condition to the issuance of a permit to construct a septic system for any lot within a subdivision requires that slope easement be acquired over one or more adjoining lots (whether within or outside the subdivision), a deed of permanent easement evidencing same superior in title to any mortgage or other lien, in form and content approved by the Board of Health, and a plan delineating the area of the easement and the contours, thereof, bearing the legend "Approved by the Holden Board of Health" and the signature of a member of or the Agent of the Holden Board of Health, shall both be duly recorded or registered as appropriate prior to the issuance of such septic system permit; any such permanent easement shall in all events contain the following provision:

The permanent easement granted herein (a) was required by the Holden Board of Health as a condition precedent to its issuance of a permit to construct a septic system on the land benefited by said easement and (b) shall not be amended, released, terminated or modified in any manner whatsoever except by an instrument bearing the signature of a member of or of the Agent of the Holden Board of Health.

Reasonably satisfactory title certification shall be delivered to the Board of Health evidencing the due recordation or registration of the easement and containing at least a certification of the priority of the easement and of its permanency. See Appendix E, (sample attached), for a suggested form of permanent slope easement.

4. Subdivisions proposing public sewage system service shall provide a sewer easement to allow the eventual expansion of sewer service to adjacent existing neighborhoods currently utilizing septic systems.

C. Open Spaces and Parks

Before approval of the Definitive Plan, the Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to land being subdivided and to the prospective uses of such land. The Board may, by appropriate endorsement on the Plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. The Board shall not require dedication of such recreation areas without just compensation to the owner. This shall in no way prohibit the gift of such land to any public or private cooperative non-profit organization for recreational and open space use. Indeed, the Board urges the gift of such land for the improvement of community life and social welfare.

D. Wetlands

Any person submitting a subdivision for approval by the Board, said subdivision to be built upon any bank, flat, marsh, meadow or swamp bordering on any inland waterways, shall file for a permit to perform such activity under the Inland Wetlands Act (Chapter 131, Massachusetts General Laws.). This permit must be obtained before any development work commences.

E. Flood Plain District Standards

All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Flood Plain District established under the Zoning Bylaw it shall be reviewed to assure that:

l. the proposal is designed consistent with the need to minimize flood damage,

2. all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage, and

3. adequate drainage systems shall be provided to reduce exposure to flood hazards, and

4. base flood elevation (the level of the 100-year flood) date shall be provided for proposals greater than 50 lots or 5 acres, whichever is the lesser, for that portion within the Flood Plain District.

F. Environmental Analysis

Any subdivision creating frontage potentially allowing twenty (20) or more lots shall be based upon an Environmental Analysis. For definitive subdivision plans proposing a layout of only a portion of a large area under one ownership, determination of requiring an environmental analysis under this section shall be based upon the number of lots that could potentially be proposed for the entire property. In addition, the subdivisions of fewer than 20 lots, the Planning Board may require that certain of the following be submitted where such information is necessary to evaluate the plan because of special circumstances of the site or proposal.

Environmental Analysis shall be prepared by an interdisciplinary team to include a Land Surveyor, Civil Engineer and Architect or Landscape Architect, unless otherwise agreed to by the Planning Board. The following documentation is required from each such analysis:

l. A set of plans at uniform scale shall be submitted, encompassing the entire subdivision on a single sheet no larger than 24" x 36" showing the following:

a. The same data as on the Definitive Plan.

b. Topography at two-foot contour intervals, with graphic drainage analysis; indication of annual high water mark, location of existing structures, including fences and walls, and watershed boundaries.

c. Vegetative cover analysis, including identification of general cover type (wooded, cropland, brush, wetland, etc.); location of all major tree groupings, plus other outstanding trees or other botanical features; important wildlife habitats; and identification of areas not to be disturbed by construction.

d. Soil types, based on U.S.D.A. soils study; approximate groundwater level, location and results of soil percolation or other subsurface tests.

e. Visual analysis, including analysis of scenic vistas, and location of visual prominence.

f. Location of surface water bodies, wetlands, aquifer or recharge areas for existing or potential drinking water supplies.

2. A narrative statement shall also be submitted, documenting the following, with reference to the above maps as germane:

a. Impact upon surface water quality and level.

b. Impact upon groundwater quality and level.

c. Effects on important wildlife habitats, outstanding botanical features, scenic or historic sites or buildings.

d. Capability of soils and vegetative cover to support proposed development without erosion, silting or other instability.

e. Relationship to M.G.L. Chapter 131, Sections 40, 40A (Wetlands Protection Act).

f. The report shall estimate the proposed traffic flow in relation to the roadways giving access to the subdivision.

g. The report shall estimate the effect of the project on public services, such as water, sewer, schools, police, fire and waste disposal.

SECTION VI

Required Improvements For An Approved Subdivision

A. The intent of the following specifications is to require and secure complete and well-constructed streets and ways in the Town of Holden. All required improvements shall be in accordance with the specifications of the Massachusetts Department of Public Works.

Specific references hereunder are made to "Commonwealth of Massachusetts Department of Public Works, Standard Specifications for Highways and Bridges, 1988 Edition".

The Town Engineer shall determine, subject to review by the Board, the names necessary to carry this intent into effect in a reasonable manner, in any given local situation.

B. Inspection

A subdivision roadway and infrastructure inspection fee, to cover the cost of engineering inspections, shall be required for all approved Definitive Subdivision plans. Said fee shall be established at 2.5% of the total subdivision roadway and infrastructure performance bond amount. The "performance bond amount", for purposes of this section, shall be the total estimated cost of all required improvements within the subdivision as determined by the Town Engineering Department. Said amount shall not be reduced by the cost of any improvements completed while the subdivision is secured by Covenant.

An initial 1.5% of the inspection fee shall be paid upon Planning Board approval of the Definitive Subdivision plan, .50% of the fee shall be paid the second year following Planning Board approval, and the remaining .50% of the fee shall be paid the third year. In no case shall the annual amount of fees paid be less than ($500) five hundred dollars, said minimum fee required for periodic site inspections and engineering department administration of the subdivision schedule of disbursements.

In the event that subdivision ways are proposed for Town Meeting acceptance prior to issuance of all Building Permits, the remaining balance of the inspection fee shall be paid in full, and failure by the developer to pay in full shall require a negative recommendation on acceptance by the Planning Board.

All elements of work are to be at all times subject to inspection and approval by the Planning board or its authorized representative, the Town Engineer, and to such authorized representatives of town agencies or boards having jurisdiction over utilities, drainage, safety or traffic flow upon the streets and ways within the Town of Holden.

Required inspections are to be facilitated by timely notice to the Town Engineer at all critical stages of construction.

C. Street and Roadway

Construction shall be in accordance with the Typical Cross-Section for Approved Streets and Roadways in the Town of Holden (hereinafter referred to as the typical road section), a copy of which is appended hereto and made a part hereof. See also Section VII, A, regarding R-40 Districts, and Appendix C for collector streets with bikeways.

l. Clearing and grubbing

a. The entire area of each street and proposed street extension shall be cleared of all stumps, brush, roots and all trees not designated for preservation. The clearing and grubbing shall be performed in accordance with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

Upon completion of the above work, the applicant shall be required to have a first inspection of the roadway made by the Town Engineer before proceeding with further construction .

2. Subgrade

a. The entire area of the proposed roadway, including proposed street extensions, shall be excavated or filled to a subgrade sixteen and one-half (16-l/2) inches below the finished surface and in conformance with the typical road section. All soft or spongy material occurring in the subgrade shall be removed to such depth as exposes unyielding material, and shall be replaced with suitable granular material. Stone in excess of six (6) inches in its greatest dimension shall be removed from the surface of the subgrade. The subgrading shall be performed in accordance with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

b. Subgrade for sidewalk and bikepath areas shall be eight and one half inches below the proposed finished grade.

c. The subgrade for grass plots and loamed areas shall be six (6) inches below the proposed finished grade.

d. The subgrade must be certified by a Registered Land Surveyor or a Registered Professional Engineer before proceeding with any further work.

Upon completion of the above work, the applicant shall be required to have a second inspection of the roadway made by the Town Engineer before proceeding with further construction .

3. Gravel Base Course

a. All roadway pavement shall be provided with a foundation consisting of a minimum of twelve (12) inches of compacted gravel, applied in layers of six (6) inches, each layer compacted before the application of the subsequent layer. The gravel base course shall be fine graded and rolled, true to grade, four and one-half (4-1/2) inches below the proposed finished grade as shown on the typical road section. The gravel base course shall be constructed in conformance with the latest M.D.P.W. Std. Specs.

b. All sidewalk and bikepath pavement shall be provided with a foundation consistent with that required for roadways, except that the minimum compacted thickness shall be six inches. Subdivision sidewalks and bikepaths shall be designed to be handicap accessible in accordance with the most recent M.D.P.W. standard specifications, (1988 Edition of the M.D.P.W. Std. Specs., as amended or updated).

Upon completion of the above work, the applicant shall be required to have a third inspection of the roadway made by the Town Engineer before proceeding with further construction .

4. Pavement

a. A binder course of Bituminous Concrete Pavement Type I-1 shall be applied and compacted to a thickness of two and one-half (2-1/2) inches with a true surface conforming to a typical cross section of the road. A second course consisting of Bituminous Concrete Pavement Type I-l shall then be applied and compacted to a thickness of one and one-half (1-1/2) inches with a true surface conforming to the typical cross section of the road. Specifications for the composition of material, workmanship and the method of applying pavement material shall conform with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

b. All sidewalks and bikepaths shall be surfaced in accordance with specifications for roadway pavements, except that the binder course shall be one and one-half (1-1/2) inches and the surface course shall be one (l) inch and be Type I-1 dense graded mix sidewalk pavement, which shall be applied in accordance with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

c. That portion of all driveways within the street right-of-ways of the subdivision shall be constructed to conform to the specifications set forth in Paragraph 4a, and in conformance with Typical Driveway Section as shown in Appendix D.

Upon completion of the above work, the applicant shall be required to have a fourth inspection of the roadway made by the Town Engineer before proceeding with further construction .

5. Curbing

a. Except as hereinafter provided, a bituminous concrete curb shall be placed at each edge of the traveled way. The machine made bituminous concrete berm shall be six (6) inches high from the surface of the finished roadway and of the shape specified in the typical road section. A tack coat of emulsion shall be applied to the road surface before the installation of the berm. The construction of the bituminous concrete berm shall be in conformance with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

b. The Board shall require that type VA 4 granite curbing having a depth of eighteen (18) inches and a thickness of six (6) inches be installed for the entire length of the arc at the edge of the pavement at street intersections. Such curb shall be cut to the radius prescribed on the Definitive Plan. The type of granite curb and its placing shall conform with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

c. A granite curb inlet shall be placed at each catch basin. Each such granite curb shall be six (6) feet in length, eighteen (18) inches in depth and six (6) inches in thickness. The type granite curb inlet and its placing shall conform with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

Upon completion of the above work, the applicant shall be required to have a fifth inspection of the roadway made by the Town Engineer before proceeding with further construction .

6. Loaming and Seeding

a. All unpaved areas, within the roadway right-of-way, and all slopes immediately adjacent to the roadway shall be loamed with a minimum compacted thickness of six (6) inches of loam. The type of loam and its application shall be conformance with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

b. All loamed areas shall be fertilized and seeded in conformance with the 1988 Edition of the M.D.P.W. Std. Specs., as amended or updated.

7. Retaining Walls

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

D. Drainage

l. A completed system of drainage shall be constructed in a manner satisfactory to the Board and in conformance with the Massachusetts Department of Public Works Standard Specifications (1988 Edition of M.D.P.W. Std. Specs., as amended or updated) to provide adequate control of surface and sub-surface water, in or from the subdivision and adjacent land. Pipe size, locations and number of catch basins, manholes, head wells, and other appurtenances shall be in accordance with the requirements of the Board.

2. Proper connection shall be made with any existing drains. Where property adjacent to the subdivision is not subdivided, provision shall be made for proper projection of the drainage system by continuing appropriate drains to the exterior boundaries of the subdivision at such size and grade as will allow for such projection.

3. Drainage rights which are appropriate, sufficient and necessary, in the opinion of the Board, shall be secured for the Town of Holden. Reinforced concrete bounds of the same dimensions as for granite bounds shall be installed at angle points on all easements to the Town of Holden.

4. All drainpipes shall be ACCM-AASHO-M-190 or reinforced concrete conforming to A.S.T.M. description C 76, class III pipe, or such higher class as may be required by depth of trench, or high density polyethylene (HDPE) [the Engineering Division will be preparing construction standards for HDPE pipe installation], and shall be at least twelve (12) inches in diameter and shall be laid to a slope which will maintain a velocity of three (3) feet per second when flowing full using N = .015.

At least three (3) feet of cover will be required over all drains unless otherwise specified and approved by the Board.

5. Drains and catch basins shall not be back-filled until inspected.

6. Storm drainage systems shall be designed on the basis of a storm occurring once in 25 years, and the resulting run-off shall be calculated by the Rational Formula (Q = Aci) for small watersheds and by the U.S.D.A. Soil Conservation Service's TR-55 method for watersheds larger than five (5) acres. Values of "c" less than 0.30 are not to be used in the computations.

All existing waterways, whether they are permanent or intermittent, shall be connected into the drainage system. Culverts conducting waterways underneath roadways shall be extended beyond the right-of-way line to a point at least twenty (20) feet beyond the rear range line of the proposed dwellings and shall terminate with concrete headwalls of an approved design to provide a maximum ground slope of l of 3. All open waterways shall have side slopes not exceeding a slope of l on 3.

Manholes shall be constructed at the end of each line, catch basin connections, at changes in grade, size and alignment, and shall not exceed a spacing of 300 feet, and to have inverts of concrete. Such catch basins shall be provided with granite curb inlets as specified in Section VI, paragraph 5C of these regulations.

Catch basins shall be installed on both sides of a roadway on continuous grades and near corners of the roadway at intersecting street and all other such locations as required by the Board.

Catch basins with three (3) foot sumps shall be built at all low points and on continuous upward grades at a spacing not to exceed 300 feet from the low point or preceding catch basins.

Drains shall be laid with open bottom joints in a three-quarter (3/4) inch washed gravel cradle.

Provisions shall be made to collect and remove silt from the drainage system during the construction period.

Upon completion of the above work, the applicant shall be required to have a sixth inspection of the roadway made by the Town Engineer before proceeding with further construction .

E. Utilities

l. In all cases, the responsibility for connection to existing town utilities shall rest with the applicant.

In all cases, the required utilities shall be installed and sufficient stubs shall be provided the full width of the right-of-way to serve each of the lots abutting the right-of-way, prior to any surfacing of the roadway.

2. Water

a. Water pipes and related equipment, such as hydrants and main shut-off valves shall be constructed to serve all lots on each street in the subdivision in conformity with the requirements of the Town of Holden Public Works Department.

b. Connection to existing Town water facilities to assure adequate supply to the subdivision shall be the responsibility of the applicant.

The minimum required fire flow shall be determined by the formula:

0.5

F = 18 x c x (A)

where

F = the required fire flow in gallons per minute

C = coefficient relating to construction type

= 1.5 for wood frame construction

= 1.0 for ordinary construction

= 0.9 for heavy timber buildings

= 0.8 for non-combustible material

= 0.6 for fire-resistive construction

A = the total floor area (including all stories, but excluding basements in the building being considered

Determination of compliance with this section shall be made at the hydrant having the highest ground elevation within the subdivision, at 20 PSI pressure, and shall be based upon the building having the greatest floor area within the subdivision.

(ii) The value obtained in (i) above may be further reduced by up to 50% for complete automatic sprinkler protection in each building within the subdivision. Automatic sprinkler systems shall be designed in accordance with the most current NFPA (CODE 13 D) standards. For buildings with fire-resistive or non-combustible construction, the reduction may be up to 75%. Approval of automatic sprinkler systems and determination of percentage decreases, if any, shall be made solely by the Holden Planning Board and/or its designated agents for said approval

(iii) The value obtained in (ii) above shall be increased in accordance with the table below to account for the proximity of one structure to another.

R-40 Zone S.F. Increase by 15%

R-20 Zone S.F. Increase by 20%

R-15 Zone S.F. Increase by 20%

R-10 Zone S.F. Increase by 20%

R-10 Zone S.F. Increase by 25%

(iv) Provisions of (i) - (iii) notwithstanding, fire flow shall not exceed 12,000 gallons per minute nor be less than 500 gallons per minute.

(v) Wood frame construction - any structure in which the structural members are wholly or partly of wood or other combustible material and the construction does not qualify as ordinary construction.

(vi) Ordinary Construction - any structure having exterior walls or masonry or other noncombustible material in which the other structural members, including but not limited to columns, floors, roofs, beams, girders, and joists, are wholly or partly of wood or other combustible material.

(vii) Heavy timber type buildings are required to satisfy a number of specific provisions (see the State Building Code).

(viii) Noncombustible construction - any structure having all structural members including walls, columns, piers, beams, girders, trusses, floors, and roofs of noncombustible material and not qualifying as fire-resistive construction.

(ix) Fire-resistive construction - any structure that is considered fire-resistive by the State Building Code.

c. The installation of water pipes or related equipment shall not be backfilled until inspected by the proper authority.

d. Water mains shall be ductile iron pipe to be a minimum of 8 inches in diameter.

Water mains shall be laid to provide a minimum cover of five (5) feet from the finished grade, and shall not be deeper than eight (8) feet. All piping shall be Class 52 Ductile-Iron pipe designed for an internal working pressure. All fittings and hydrants shall have properly designed concrete thrust blocks installed behind them.

Gate valves shall be installed on each outlet of all tees and crosses, every 500 feet of main, on hydrant branches, and at dead ends.

Hydrants shall be located every 500 feet on one side of each street unless a greater distance is approved, and shall have a one (l) inch washed stone drainage sump one-half (1/2) cubic yard in volume at its base.

Gate valves, road boxes and hydrants shall be equal in quality to those presently being purchased by the Town's Water Department.

House service connections will be installed by the developer. The connection charge includes the installation of a meter and outside register which must be installed on all new housing, to be installed by the Water Dept.

Upon completion of the water main construction and prior to putting into service a pressure and leakage test will be made. Any defects found shall be corrected immediately. Once a successful test has been run, the lines shall be chlorinated before they are put into service. The developer shall be responsible for providing all necessary equipment and labor to conduct the tests and chlorination which must be witnessed by a representative of the Department of Public Works.

(e). Prior to the construction of buildings in a subdivision, or in any phase of a subdivision approved by the Planning Board, the water supply and hydrants for fire protection shall be installed and maintained by the Applicant in a manner acceptable to the Fire Chief and the Department of Public Works until acceptance of the water lines by the Town of Holden

(f). All residential construction which does not have access to Town water must install residential sprinkler systems in each dwelling unit.

3. Sewerage

a. Sewer pipes and related equipment, such as manholes and connecting Y's shall be constructed in conformity with the specifications of the Town of Holden Public Works Department.

b. The installation of water and sewer pipes and related equipment shall not be back-filled until inspected by the proper authority.

c. Sanitary sewer lines of adequate size shall be installed in any development where the proposed development is located in the R-15 or R-20 zone and the development is within 300 feet of a trunk or main sewer. The Definitive Plan shall contain the locations of such sewers with profile of same.

The measured distance of such an existing sewer line shall be measured along the proposed lines as shown in the Sewerage Facilities Planning Study as prepared by Camp, Dresser & McKee, Inc. in August, 1978 and may be amended from time to time as necessary.

d. Collector sewers shall be Poly Vinyl Chloride, Type PSM, PVC SDE 35; at least eight (8) inches in diameter laid to a minimum slope of one-half (1/2) foot per 100 feet and shall be deep enough to drain basement fixtures and prevent freezing. Precast concrete manholes shall be constructed at the ends of each line, and at all changes in grade, size and alignment. They shall not exceed a spacing of 300 feet, and shall be in accordance with the typical details for same in the appendix.

Line and grade shall be controlled by the use of laser instruments.

Subdivisions proposing public sewage system service shall provide stub connections and easements to allow eventual expansion of sewer service to adjacent existing neighborhoods currently utilizing septic systems.

f. Sewer Pumping Stations

An applicant wishing to install a sewer system within the Town of Holden which requires the use of a pumping station, or stations, shall only use equipment approved by the Department of Public Works.

The station shall be sized and located so that it shall be able to handle the entire theoretical flow of the complete watershed above the elevation at which it lies, as determined by the Department.

The applicant shall give the Department of Public Works a minimum of seven (7) days written notice prior to the scheduled installation of a pumping station and of all servicing visits by either the applicant or the manufacturer. In the event of an emergency service visit, the applicant shall give prior notice as soon as reasonably practical.

The applicant shall be responsible for the operation and maintenance of all pumping stations servicing the applicant’s sewerage system until such pumping stations have been accepted by the town. The town will not accept any pumping stations until such time as 75 percent of the lots to be serviced by the pumping station have received Occupancy Permits from the town.

From the time the town accepts a pumping station until the entire development is completed and accepted by the town, the applicant shall reimburse the town one hundred (100) percent of the base salary of a Water/Sewer Working Foreman for all service time, and at a rate of cost plus twenty five (25) percent for any parts or materials required for the maintenance and service of the pumping station. The applicant shall also reimburse the town for all electrical costs associated with the operation of the pumping station.

At the time the applicant petitions the town to accept the development, the applicant shall be required to post a bond in the amount of five thousand dollars ($5,000) for each unoccupied lot. Said bond shall be released on a per lot basis as each lot is satisfactory connected to the sewerage system. The town shall be compensated for any damage to the pumping station which arises from the development and sewer connection of the unoccupied lots.

At the time of acceptance of the entire subdivision by the town the applicant shall deliver to the town an extended warranty from the manufacturer of the pumping station and the marker(s) of component parts extending the warranty five (5) years from the date of such acceptance.

At the time of acceptance the requirements contained in the Department of Public Works Standards for “Required Pump Station Certification, Inspection, Testing and Training” shall be accomplished.

The Town may place a lien on each parcel of property if fees are not collected prior to Town acceptance of the streets.

EXFILTRATION/INFILTRATION, AIR TESTS AND TV INSPECTION

Time for Making Tests: After the pipe has been laid and backfilled, an infiltration, exfiltration or low pressure air test shall be made on each section of pipeline between manholes. When no ground water exists at the time of the test, the pipeline shall be subjected to an exfiltration test or an air test. The Engineer shall designate the type of test to be performed and the manner in which it shall be conducted.

Allowable Infiltration: When an infiltration test is permitted, the Engineer shall give explicit instructions to be followed in carrying out the test, the maximum allowable amount of infiltration measured by test shall be at a rate of not greater than 100 gallons per inch of pipe diameter per mile per 24 hours.

Should any test on any section of pipe line disclose an infiltration rate greater than that permitted, the Contractor shall, at his own expense, locate and repair defective joints of pipes and retest until the infiltration is within specified allowance.

Allowable Exfiltration: When an exfiltration test is required, the Engineer shall give explicit instructions to be followed in carrying out the test. The maximum allowable amount of exfiltration measured by test shall be at a rate not greater than 100 gallons per inch of pipe diameter per mile per 24 hours. The average internal pressure in the system under test shall not be greater than 5 pounds per square inch (ll.6 ft. head), and the maximum internal pressure in any part of the system under test shall not be greater than 10.8 pounds per inch (25 ft. head).

Should any test on any section of pipe line disclose an exfiltration rate greater than that permitted, the Contractor shall, at his own expense, locate and repair defective joints or pipes, and retest until the exfiltration is within specified allowance.

Minimum Time Requirements Air Testing: When an air test is required, in lieu of the water exfiltration test, the Engineer shall give explicit instructions to be followed in carrying out the test. Air should be slowly supplied to the plugged pipe installation until pressure reaches 4 psig. At least two (2) minutes shall be allowed for temperature stabilization.

TV Inspection: When the pipe lines pass an exfiltration/infiltration or air test, they shall be subject to a TV inspection performed under the supervision of the Engineer. A recording of the TV inspection shall be provided to the Town Engineer on VHS tape. Any sections found to be damaged or blocked shall be repaired to the satisfaction of the Town Engineer and retested.

The minimum time requirements for air testing for the 0.5 psig. pressure drop, from 3.0 psig. to 2.5 psig., shall not be less than that shown in the Table below for pipelines of constant diameter.

PIPE	TIME	PIPE	TIME
Size (in.)		Size (in.)
4	2 min. 32 sec.	14	8 min. 56 sec.
6	3 min. 50 sec.	15	9 min. 35 sec.
8	5 min. 6 sec.	16	10 min. 12 sec.
10	6 min. 22 sec.	18	11 min. 34 sec.
12	7 min. 39 sec.	20	12 min. 45 sec.
		21	13 min. 30 sec.

For larger diameter pipe use the following: minimum time in second equals 462 times pipe diameter in feet.

Multi Pipe Sizes: When the sewer line undergoing test is 8" or larger diameter pipe and includes 4" or 6" laterals, the figures in Table for uniform sewer main sizes will not give reliable or accurate criteria for the test. Where multi-pipe sizes are to undergo the air test, the engineer can compute the "average" size in inches which is then multiplied by 38.2 seconds. The results will give the minimum time in seconds acceptable for a pressure drop of 0.5 psig. for the "averaged" diameter pipe.

Should any test on any section of pipe line disclose an air loss rate greater than that permitted, the Contractor shall, at his own expense, locate and repair the defective joints or pipes and retest until the air loss rate is within the specified allowance - i.e. time exceeds minimum times shown in Table.

House services shall be at least five (5) inches in diameter, laid at a minimum pitch of one-quarter (1/4) inch per foot. All sewers, including house services, shall be laid in an envelope of three-quarter (3/4) inch washed gravel. Deflections in line or grade in excess of one-half (1/2) inch will be cause for rejection.

4. Electrical and Telephone

All electrical and other utility wires shall be placed below ground in all subdivisions unless the Planning Board decides upon recommendation of the Utility Supplier that such placement is not feasible or is not in the best interest of the Town of Holden.

All installations shall be subject to the current specifications of the Municipal Light Department entitled "Underground Electrical Distribution System Agreement".

5. Gas Transmission

If gas is to be installed in the work, then the Commonwealth Gas Company must obtain a location in the right-of-way from the Town Engineer.

6. General

All utility services to each lot must be installed before the gravel base course is constructed.

All utility trenches shall be compacted by hydraulic jetting prior to placement of bituminous concrete binder.

No backfilling or covering of any pipe shall be permitted until approved by the Town Engineer. Selected materials shall be tamped under and around pipe in six (6) inch layers to a point twelve (12) inches above the top of the pipe.

The developer shall be responsible for the repair to any of his work until accepted by the Town.

F. Monuments

Monuments shall be installed in accordance with the approved Definitive Plan and at any location where, in the opinion of the Board, permanent granite monuments are necessary. Such monuments shall conform to the latest Massachusetts Department of Public Works Standard Specifications (1988 Edition of the M.D.P.W. Std., Specs., as amended or updated) for monuments. No permanent monument shall be installed until all construction which would destroy or disturb the monument is complete.

G. Street Signs

Street signs shall be furnished and erected at all street intersections. The specifications for such signs shall be obtained from the Town of Holden Department of Public Works. All streets not accepted by the Town of Holden shall be so indicated by a sign stating "Private Way", such sign shall be approved by the Holden department of Public Works, and attached to the same standard as the street sign.

H. Street Lights

Street lighting shall be purchased by the developer and installed by a licensed electrician. Lighting fixtures shall be placed a maximum of two hundred (200) feet apart, less on curves and other areas where safety requires, as determined by the Holden Municipal Light Department. Street lighting shall be 70 watt High Pressure Sodium bulbs. The lighting poles shall be 14 feet in height and consist of a minimum fiber glass town and Country style lighting fixtures, a style upgrade is permissible with approval from the Light Department. The final lighting plan and fixtures shall be subject to the approval of the Holden Municipal Light Department.

I. Shade Trees

Shade trees of nursery stock conforming to the Standards of the American association of Nurserymen, of a species approved by the Tree Warden, shall be planted on each side of each street in a subdivision, except where the Definitive Plan shows trees along the ways which are healthy and adequate, which shall be retained.

Shade trees shall be located at the discretion of the Tree Warden and the D.P.W. on subdivision lots approximately at forty-foot (40') intervals parallel to the subdivision roadway; two inches (2") in caliper measured four feet (4') above the approved grade. Each tree planted shall be in at least one-half (1/2) cubic yard of topsoil, and be not closer than five feet nor more than twenty feet (20') from the subdivision road right-of-way line, unless otherwise approved by the Planning Board. New tree plantings shall be guaranteed by the developer for a period of one year after planting. Due regard shall be shown for the preservation of trees on the lots within the subdivision so as to add to the attractiveness and value of the property and the Town.

If a subdivider finds it necessary to remove any of the Town's trees, or if the Board finds it necessary to have the subdivider remove any of the Town's trees, they must first request a Public Tree Hearing with the Tree Warden as required by Chapter 87, section 3 of the M.G.L. The subdivider will replace all trees removed on a caliper inch for caliper inch basis, all at his own expense. The size, species and locations of the new tree plantings will be determined by the Tree Warden. These new plantings will be guaranteed by the subdivider for a period of one year from planting.

J. Clean Up

Upon completion of work in the subdivision, all equipment shall be removed and the entire area cleaned of debris and other objectionable material so as to leave a neat and orderly appearance.

Regarding individual subdivision lots for which building permits have not been issued, no such vacant lot shall be used as a stockpile area or dumping ground for loam, sand, gravel, fill, stumps, or other earth material or vegetative matter.

K. Maintenance of Roadways

The developer shall be responsible for maintaining in good repair all roads in a subdivision until they are accepted by the Town Meeting. The maintenance shall include snow clearing, sanding, sweeping, cleaning of catch basins, repair of any settlements or cracking and adjustment of casting with the pavement.

L. Industrial Subdivision

Industrial subdivision shall conform to all requirements applicable to residential subdivisions except as follows:

1. Sidewalks will be required on one (l) side only.

2. Pavement thickness shall be four (4) inches and shall be placed in two (2) courses. The bottom course shall be two and one half (2-1/2) inches thick and the top course shall be one and one-half (1-1/2) inches thick. The top course shall not be placed until all utility connections have been made to each lot.

3. Pavement width shall be thirty-eight (38) feet between berms.

4. Berm radii at street intersections shall be fifty (50) feet minimum.

5. Roadway grades shall not be less than 1.5% and shall not exceed 6%.

6. Looping streets and second exits shall be provided to avoid cul-de-sac type turnarounds.

7. Travel lanes shall be marked in accordance with the latest Manual on Uniform Traffic Control Devices, Commonwealth of Massachusetts, Department of Public Works.

M. Record Drawings and Acceptance Plans

Upon completion of the roadways, the developer shall have the original plans and profiles, which were approved by the Board, corrected and certified by his engineer to show the actual as-built locations and grades of all utilities and roadway profiles and any changes authorized by the Board or the Town Engineer.

These plans shall be drawn with india ink on mylar, and shall be known as the record drawings. Ties to all gate valves, tees, service connection shut offs, sewers Y's, etc., shall be superimposed thereon.

In addition to the record drawings, an acceptance plan shall be prepared and certified by a registered land surveyor. This plan shall be drawn with india ink on mylar, at a scale of one (1) inch equals forty (40) feet, showing the street widths, distances, bearings and complete curve data for all street lines and easements. All stone bounds set during construction and any existing prior thereto shall be shown.

A blank space four (4) inches by eight (8) inches shall be provided on the lower right hand corner of the plan for a title block to be filled in by the Town Engineer. The surveyor shall place a certification on the plan stating that the street shown has been laid out and the monuments have been set. The plan shall be signed by the surveyor and his stamp affixed thereto.

N. The Planning Board may require fencing around stormwater basins and in such event, specify the type of fencing. The ownership of the basin and the fencing is required to be maintained by the owner of the lot.

SECTION VII

ADMINISTRATION

A. Variance

Departure from these regulations may be permitted in the discretion of the Board, when topographic or other conditions justify such departure, or when, in the opinion of the Board, such departure would result in improvement in the development of the subdivision from the standpoint of public benefit.

By the way of illustration and not of limitation, the Board may permit in its discretion the road design in any R-40 Zoning District in accordance with ALTERNATE ROADWAY SECTION IN R-40 DISTRICTS in the Town of Holden, a copy of which is attached hereto and made part hereof, when each lot abutting such road has a minimum frontage of 150 feet and a minimum lot width of 175 feet and when a departure from the typical road section would in the opinion of the Board result in improvement in the development of the subdivision from the standpoint of public benefit.

B. Revocation of Approval

The Board reserves the right to revoke granted approval when subsequent inspection or other evidence establishes proof of willful disregard or violation of these regulations by the applicant.

Notice of such action shall be given to the applicant and the Town Manager

C. Reference

For matters that may arise during subdivision procedures that are not covered by these regulations, the following are accepted as standards in their applicable portions, "Standard Specifications for Highways and Bridges, Massachusetts Department of Public Works" (1988 Edition of the M.D.P.W. Std. Specs., as amended or updated) and "sections 81K to 81GG of Chapter 41 of the General Laws" each as amended or updated from time to time.

D. Inspection and Control

l. At the points hereinafter indicated, the construction of required streets and other improvements shall be inspected:

a. The installation of underground utilities and services shall be inspected by the Town Engineer or his appointed representatives before the backfilling of trenches or other covering of structure.

b. The roadway shall be inspected by the Town Engineer upon completion of the subgrade, base course, binder and surface course prior to each required construction step.

c. The sidewalk shall be inspected by the Town Engineer upon completion of the subgrade, base course, finish course surface and loam strip prior to each required construction step.

d. Following the completion of all improvements required, the subdivision shall be inspected by the Town Engineer.

2. Unless the approval of the work completed, including approval of materials used to each point, has been given, no further work shall be done until such work is subsequently completed to the satisfaction of the Board.

3. Inspection shall be requested by the developer at least twenty-four (24) hours in advance by notice to the Town Engineer.

E. 1. As an alternative to the Administrative Fee and/or the Inspection Fee, which the Planning Board has traditionally imposed, the Board may now elect to impose an alternative fee as enabled by Mass. G.L. Chapter 44, section 53G. This fee is to be deposited into a special account as enabled by G.L. Chapter 44, Section 53G, referred to herein as the 53G account. This fee shall be imposed on those subdivisions which, as designated by the Planning Board, require the services of outside consultants for the review process due to the project's potential effects, and/or because the Town lacks the necessary expertise or staff to perform the review work related to the approval or inspection of a project. In hiring outside consultants, the Board may engage engineers, planners, lawyers, designers or other appropriate professionals who can assist the board in analyzing a project to ensure compliance with all relevant laws, ordinances, bylaws and regulations. Such assistance may include, but will not be limited to, analyzing an application, monitoring or inspecting a project or site for compliance with the Board's decisions or regulations, or inspecting a project during construction or implementation.

a. Fees shall be collected from the applicant and deposited into the 53G account upon the request of the Planning Board based on the criteria listed in Section 1.c listed below.

b. Outside consultants retained by the Planning Board to assist in the review of an application shall be paid from the 53G account.

c. The Planning Board shall determine the amount to be deposited in the 53G account on a case by case basis in consultation with the Holden Department of Planning and Community Development and Holden Department of Public Works/Engineering Department. The criteria to be used to determine the amount to be deposited will be: the estimated expenses for professional services required to review and/or inspect the project for compliance. The initial deposit amount will be based on a reasonable estimate to engage engineers, planners, lawyers, designers or other appropriate professionals. The initial deposit will also be based on the type and number of professional review services including but not limited to the following: analyzing an application, monitoring or inspecting a project or site for compliance with the Board's decisions or regulations during the review process, and inspecting a project during construction or implementation. The project review fee will also be based on the size and scope of the project particularly technical and engineering aspects of the project. In no case shall the amount be less than $500. Additional funds will be required during the review and inspection process, should the applicant's 53G account approach depletion.

2. Administration Appeal

a. The choice of a consultant selected by the Planning Board for the review and inspection of a project may be appealed in writing to the Board of Selectmen by the applicant, provided such appeal is initiated within two weeks of the initial selection.

b. The Selectmen shall convene a formal hearing within twenty days of receiving a written appeal by the applicant.

c. There are two conditions which will disqualify the selected consultant:

(1) Conflict of interest; a consultant may not have a financial interest in a project under review, or be in a position to financially benefit in some way from the outcome of the pending review process. Consultants must be in compliance with the Massachusetts Conflict of Interest Law (Chapter 168A).

(2) Lack of appropriate qualifications; a consultant must have the minimum required qualifications. The minimum qualifications shall consist of either an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a related field.

d. The two conditions of section 2.c above are the only grounds of appeal.

e. The required time limits for action on an application by the Planning Board shall be extended by duration of the administration appeal.

f. If no decision is rendered by the Board of Selectmen within one month following the filing of the appeal, the selection made by the Planning Board shall stand.

g. This administrative appeal shall not preclude further judicial review, if otherwise permitted by law, on the grounds provided for in this section.

3. a. Accounts for fees collected under this provision will be established and administered in accordance with Mass. G.L. Chapter 44, Section 53G.

b. An accounting of an applicant's funds held in the 53G account may be requested by the applicant at any time.

(1) The Planning Board shall respond to the request in a timely fashion.

(2) This accounting shall include the following information:

(a) The latest statement from the banking institution handling the account, which should include an accurate accumulated interest portion to the closing date of the statement, if such statements are subdivided into individual applicants' accounts. Otherwise, a statement of principal and interest, prepared by the Planning Board, based on the latest statement from the banking institution.

(b) This accounting shall not include an estimate of accumulated interest since the last banking statement.

c. An applicant may request an estimate of bills pending from the consultants for work completed, or in progress, but not yet invoiced. It should be understood that this information will take a longer time period to gather. Because of the extra work involved, applicants should request further accounting only if they are contemplating withdrawal or suspension of their application or project.

d. If available, a brief account summary of the type described under section 3.b above shall be furnished to both the Planning board and the applicant at each hearing. This will allow the board to determine if further funds will need to be collected and deposited into the 53G account should it approach depletion.

e. Excess fees in the 53G account, including accumulated interest, shall be refunded to the applicant at the conclusion of the administrative review process unless fees are also required for the inspection of the subdivision. If fees are required for administrative review and project inspections, excess fees shall be refunded when the subdivision is completed. A subdivision is considered complete when the performance security for construction of the subdivision has been completely released. Any excess amount attributable to a particular project, including accrued interest, will be refunded to the applicant, or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.

f. The following rules apply to delinquent accounts:

(1) All fees past-due by one month from the date of invoice shall be subject to a monthly interest charge.

(2) All costs of collections associated with past-due accounts shall be borne by the applicant.

(3) If the Planning Board determines that the applicant is not responding to the above notices; the Board will exercise it authority under M.G.L. Chapter 41, Section 81-W.

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Chapter 7.3 Subdivision Regulations