Town of SherbornPlanning Board Regulations

Whether the proposal needs only a building permit by virtue of meeting the standards specified in § 240-5.8D of the Zoning Bylaw; or

Whether the proposal requires a preliminary site plan review as provided for in § 240-5.8D of the Zoning Bylaw;

Name, address and telephone number of applicant and any coapplicants, as well as any agents for the applicant or coapplicants. A twenty-four-hour emergency telephone contact number shall be included.

At least one licensed carrier and the landowner(s) of the proposed site of the personal wireless communications facility shall be applicants or coapplicants.

Original signatures are required for the applicant and all coapplicants applying for the special permit. If the applicant or coapplicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or coapplicant is required. Photo reproductions of signatures will not be accepted.

Identification of the subject property, including the name of the nearest road or roads, street address, if any, and Assessors' Map and parcel number of subject property.

A map to scale prepared and stamped by a registered professional engineer or land surveyor showing the subject property and all properties (including lot lines) within 500 feet and the location of all buildings, including accessory structures, and driveways on all properties shown to the extent observable or determinable by Town or other records.

A map showing the locations of all preexisting and proposed future personal wireless communications facilities in Sherborn and abutting towns for the applicant carrier, and all other preexisting and proposed (to the extent determinable through public records) personal wireless communications facilities of other carriers in Sherborn and abutting towns.

A vicinity plan prepared and stamped by a registered professional engineer or land surveyor at a scale of one inch equals 40 feet (or at an alternate scale appropriate for the size of the property as may be approved by the Planning Board) showing the following:

A proposed development plan prepared and stamped by a registered professional engineer or land surveyor, including the following:

Sight lines and photographs as described below:

Materials of the proposed personal wireless communications facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Colors of the proposed personal wireless communications facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Dimensions of the personal wireless communications facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.

Landscape plan, including preexisting trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

During the application process, the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised, at the expense of the applicant, in a newspaper of general circulation in the Town at least one week in advance of the proposed date. At least one alternate date shall be published in the event inclement weather requires rescheduling. The Planning Board may, in its discretion, waive the advertising requirement if adverse weather conditions result in the cancellation of the test on both the original and alternate dates.

If lighting of the site is proposed, the applicant shall submit documentation from an engineer that the footcandle level at the property lines shall not exceed 0.0.

A statement signed by a licensed RF engineer that the proposed or existing transmitting facility does or will comply with FCC radio frequency emission guidelines for both general population/ uncontrolled exposures and occupational/controlled exposures as defined in FCC rules (as they may be amended or updated from time to time).

A statement or explanation as to how the personal wireless service provider determined that the transmitting facility will comply, e.g., by calculation methods, by computer simulations, by actual field measurements, etc. Actual values for predicted exposure should be provided to further support the statement. An exhaustive record of all possible exposure locations is not necessary, but, for example, the "worst case" exposure value in an accessible area could be mentioned as showing that no exposures would ever be greater than that level. Reference should be given to the actual FCC exposure limit or limits relevant for the particular transmitting site.

An explanation as to what, if any, restrictions on access to certain areas will be maintained to ensure compliance with the public or occupational exposure limits. This includes control procedures that are established for workers who may be exposed as a result of maintenance or other tasks related to their jobs.

A statement as whether other significant transmitting sources are located at or near the transmitting site, and, if required by the FCC rules, whether their RF emissions were considered in determining compliance at the transmitting site.

The applicant shall present a copy of any environmental assessment (EA) that may be required by the FCC through its administration of the National Environmental Policy Act (NEPA) via procedures adopted as Subchapter A, Part 1, Subpart I, Section 1.1301 et seq. (47 CFR Ch. I).

If no such EA needs to be submitted to the FCC, documentation of that fact must be submitted.

The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless communications facility that are considered hazardous by the federal, state or local government.

A survey of all preexisting structures that may be feasible sites for co-locating personal wireless communications facilities;

Contact with all other carriers for wireless communications operating or licensed to operate in Sherborn or abutting Towns; and

Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the personal wireless communications facility to its original condition, except that any landscaping and grading shall remain.

The names and address of the record owner of the land, the name and address of the developer and/or applicant (if different from the owner), and the name, seal, and address of the designer, engineer, and surveyor who made the plan, all of which shall appear in the lower right-hand corner.

A signature block located on the right side of each drawing with suitable space to record the action of the Planning Board and the signatures of the members of the Board, and indicating the date of approval and date of endorsement.

A locus plan drawn to a scale of one inch equals 1,000 feet, showing the general location of the site in relation to all adjacent and nearby roads, railroads, waterways, and utility easements. Name of development, scale and North arrow, date of plan and legend.

The lot shall be tied into the nearest town, county, and state bound. Bearings and curve data distances of all lot lines. Locations of driveways, parking and service areas, names of all parties of interest including abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line as they appear on the most recent applicable tax list, including those in other cities or towns. The plan shall also show the location of easements, rights of way, public or private ways, and other reservations existing, planned or proposed, on, adjacent to, or intersecting the subject site.

Assessor's Map and lot numbers of subject property.

Zoning district(s) and any boundary of zoning districts within the lot, along any lot line, or within any adjoining property.

Topography for the entire site shall be shown in two-foot intervals except where the Board requires that a one-foot contour interval be used. Contours and elevations of existing and proposed features shall be based on the North American Vertical Datum of 1988 (NAVD 88). Existing contours are to be shown as dashed lines and proposed contours are to be shown as solid lines.

The location and dimensions (including height) of all existing and proposed buildings and structures, including ground coverage, gross floor area, and breakdown of indoor and outdoor floor area. Open area uses and other uses and improvements. All doorways and their way of opening shall be shown for all existing and proposed buildings. Location of buildings existing on the tract to be developed and on adjacent tracts within a distance of 100 feet from the property line, indicating whether existing buildings on the tract are to be retained, modified, or removed. Existing soil conditions and soil suitability test results.

Existing and proposed front, side, and rear yard dimensions. Proposed dimensions shall be in accordance with the Town of Sherborn Zoning Bylaw as most recently revised.

Parking lots showing driveway entrances and exits designed for safe ingress and egress, curb cuts, layout of parking spaces, aisles, pedestrian walks, necessary ramps, and representative cross sections of all proposed service and parking areas and driveways. All of the above shall be in accordance with the applicable sections of the Town of Sherborn Zoning Bylaw as most recently revised. All parking and access shall comply with the Architectural Access Board and Americans with Disabilities Act3 regulations. The applicant shall indicate the basis for determining the number of parking spaces.

All existing and proposed landscape features such as fences, walls, planting areas, and walks. Planting details in buffer zones and green belts shall include species, height of species, spacing of plantings and shall be shown at sufficient scale to illustrate clearly the landscaping design. (See those sections of the Sherborn Zoning Bylaw, as most recently amended, pertaining to landscaping and buffers, including but not limited to §§ 240-3.4, 240-4.5C, 240-5.1E, and 240-5.6E.) Plans for walks, walls, and fences shall include dimensions, materials and finishes.

All plans shall show the edge of wetlands, the edge of the 100-year (FEMA) flood plain, the edge of isolated areas subject to flooding, the banks of intermittent streams, the banks of perennial streams, the banks of lakes and ponds, the banks of rivers, the riverfront area (including the 100-foot and 200-foot riparian zones), and the edge of the 100-foot wetland buffer zones. The limits of these resource areas shall be determined in accordance with applicable Massachusetts Department of Environmental Protection Regulations (310 CMR 10.00 to 10.60, including appendixes) and any Town of Sherborn Zoning Bylaw, General Bylaw or Town regulation relative to wetland protection, aquifer protection, and/or water resource protection. FEMA panel number, zone designation, and base flood elevation shall be indicated on the plan. Wetland boundaries shall be identified according to the requirements of the Conservation Commission as to criteria and time of year analyzed. If no resource areas or buffer zones are located on the subject property, then a statement to that effect shall be on the plans.

All facilities for water supply and distribution, fire protection, lighting, and facilities for the prevention of air pollution and protection of the groundwater. All utilities are to be installed underground.

Location and dimensions (including height) of all storage facilities for equipment, material, and other like items.

Location and dimensions (including height) of facilities for garbage, rubbish, and other waste collection and disposal. Description and plan of capacity and location of means of sewage disposal, together with approval of the Board of Health and evidence of soil suitability for such disposal (test pit locations shall be shown on the plans).

All facilities for accommodating stormwater drainage and snowmelt runoff from all buildings, driveways, parking areas, and service areas on the site. The site plan shall be accompanied by a storm drainage study based on the design criteria of a twenty-five-year storm, certified by a professional engineer and a proposed drainage system plan, both surface and subsurface, showing measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff, changes in groundwater level and flooding. All stormwater drainage shall be contained on site unless otherwise approved by the Planning Board. Major structures, culverts, detention basins, and retention basins shall accommodate the 100-year-frequency storm event. Leaching pits, basins, and galleys shall be installed. The drainage design shall incorporate best management practices, compliance with the EPA 2016 Massachusetts MS4 general permit (as it may be amended from time to time by EPA) and standards in compliance with the most recent edition of the Massachusetts Stormwater Management Handbook. Soil percolation and/or permeability tests shall be conducted to document the capacity of the soil to accommodate the discharge of the proposed drainage system. Runoff from all structures shall be accommodated into leaching basins unless otherwise approved by the Planning Board. All runoff from parking areas, driveways and service areas on the site shall be directed into a dedicated oil-water separator. Roof runoff shall be discharged into dry wells.

A plan for the control of erosion, siltation, and dust before and during construction, including, but not limited to, appropriate ground cover, crushed stone construction entrance and street sweeping of adjacent public ways, as required by the Board. The Board may require seeding.

Location and dimensions (including height) of existing and/or proposed freestanding signs and the manner of their external illumination.

All private wells within 200 feet of the property.

All public or community water supply wells within 1,000 feet of the property.

Removal of earth shall be performed in accordance with the requirements in accordance with the Town of Sherborn Bylaws, including § 240-5.4 of the Zoning Bylaw, and as specified by other agencies. The applicant shall also indicate on the plan the volume of fill and/or gravel borrow that will be trucked onto the site. The Board may require certification of compliance with MGL c. 21E, as most recently amended, with respect to the existence of contamination or threat of contamination on the site.

The maximum size vehicle, including trailers, expected to use the site after construction shall be identified by length, width, height, and AASHTO designation.

All existing and proposed structures shall have indicated on the plans their garage and pedestrian entrances and exits and their openings.

All existing and proposed public and private utilities, above and below grade, along with their type, size, and class, shall be shown on the plan. All proposed and existing public and private utilities on site shall be located underground.

All waivers proposed by the applicant and approved by the Planning Board or a statement to the effect that no waivers are being requested shall be indicated on the plan.

There shall be no impact of drainage on abutting public or private water supply.

The construction requirements of parking lots and driveways shall be the same as that for roadways as specified in Schedule A of the Subdivision Rules and Regulations.4 As may be specifically allowed under the Sherborn Zoning Bylaw, parking lots may be other than bituminous pavement as follows:

Parking stalls shall be painted according to MassDOT specifications, as most recently amended. Lines shall be at the head of and along the sides of parking stalls. Lines shall be four inches wide and shall be one consistent color, either yellow or white. Stalls are measured from the center of lines.

Any additional details that may be pertinent.

The applicant shall provide a written statement describing how the proposed site plan application meets the general conditions of approval of Sherborn Zoning Bylaw.

The application must be accompanied by a copy of a certified list, from the Board of Assessors, of the names and addresses of all abutters and abutters to abutters within 300 feet of the subject property taken from the most recent tax list.

If the property was previously granted a special permit or variance from the Zoning Board of Appeals, a copy of the decision and the site plan reviewed by the Board of Appeals must also accompany the application. If the property is before the Board of Appeals for a special permit at the time of application to the Planning Board for site plan approval, a copy of the application

Editor's Note: Schedule C is included as an attachment to this chapter.

Town of Sherborn, MA form submitted to the Zoning Board of Appeals shall also be submitted to the Planning Board.

The site plan shall be prepared by a professional engineer (PE) and a registered land surveyor licensed to practice in the Commonwealth of Massachusetts, as appropriate, and certified by same with their seal, stamp and signature. The proposed use(s) and site development shall conform to the requirements set forth in the Town of Sherborn Zoning Bylaw and other regulations, as applicable. The plan shall conform to the administrative requirements set forth herein.

Technical data, as deemed by the Planning Board to be necessary, shall be provided to support the site plan and resulting findings.

The concurring vote of at least four members of the Board shall be necessary to grant site plan approval. Any amendments or conditions proposed to an original motion to grant site plan approval shall be declared passed, based on a simple majority vote.

The record shall show the vote of each member upon each question or, if failing to vote, indicate reasons for its decision.

The Planning Board shall issue a written decision to the applicant giving the reasons for its decision.

A detailed record of proceedings, including the vote on each question shall be filed with the Town Clerk.

If site plan approval is granted by the Board, the applicant shall submit a revised plan reflecting any and all conditions of approval within 60 days of filing of the Board's decision with the Town Clerk.

A completed Form A.

A completed original Mylar plan of land and four copies at a scale of one inch equals 40 feet, or at an alternate scale appropriate for the size of the property as may approved by the Planning Board.

One one-inch-equals-200-feet scale copy of plan of land, or an electronic copy in a form compatible with the Town's GIS system.

One copy of a plan of land showing the existing boundaries of the land at the same scale as the plan indicating the proposed changes.

Filing fee as specified in Schedule C (check payable to Town of Sherborn).10

A formal open space subdivision application must include a hypothetical conventional subdivision general layout, to establish the maximum residential unit count as specified by Sherborn Zoning Bylaw § 240-4.5D(1) and § 380-2.10C(3) of these Rules and Regulations

A formal conventional subdivision special permit application must include a hypothetical open space subdivision general layout, to aid the Planning Board in determining whether a special permit is justified under Sherborn Zoning Bylaw § 240-4.5C(3).

Subdivision name, title Preliminary Plan, and date.

Names and addresses of record owner, applicant, subdivider, and seal and signature of the engineer, surveyor or landscape architect preparing the plan.

Subdivision parcel boundaries, North point, date, assessor's map number and lot number, and scale legend.

Map of existing conditions, including:

Map showing delineation of floodplain districts, riparian areas, wetland areas and buffer zones as determined under Wetlands Protection Act, MGL c. 131, § 40, and regulations thereunder, and under the Town of Sherborn's Wetlands Bylaw (Chapter 226 of the Sherborn General Bylaws) and any regulations thereunder, within and adjacent to the subdivision.

For an open space subdivision, documentation of the yield plan, i.e., calculation of the maximum number of allowed residential units, using the method described in Zoning Bylaw § 240-4.5 and supported by relevant maps.

Map of proposed conditions, including:

The names of all abutters as determined from the most recent Assessors' list.

A separate transparent reproducible plan at an appropriate scale, showing the following:

The Planning Board, in consultation with the Conservation Commission and Board of Health, shall study the preliminary plan and may conduct field visits. For an open space subdivision, the Board shall formally determine which land should be preserved and where development may be located. The Planning Board shall make written findings supporting this determination. The Planning Board may deny any application that does not include sufficient information to make such a decision or that does not preserve land that the Planning Board determines should be preserved from development as a result of its findings.

In the case of a proposed preliminary plan that deviates from the requirements of the Open Space Subdivision Bylaw, § 240-4.5, such plan shall only be considered in conjunction with a special permit application for such deviation, which may be submitted simultaneously with the preliminary plan. If the Planning Board determines that the land with the greatest conservation value cannot be protected except by the use of an open space subdivision plan, the Planning Board shall deny the special permit for the deviation. The applicant may then submit a plan that complies with the requirements for an open space design subdivision.

After submission of a preliminary plan and within the period set forth in MGL c. 41, § 81S, both the Planning Board and the Board of Health shall notify the applicant by certified mail and Town Clerk in writing that the plan has been approved, or that the plan has been approved with modifications suggested by either the Board or agreed to by the applicant, or that the plan has been disapproved. In the case of disapproval, each Board shall state in detail its reasons therefor. Approval of a preliminary plan shall not constitute approval of the proposed subdivision.

The term "definitive plan" as used in these rules and regulations shall mean a plan of a subdivision within the meaning of the Subdivision Control Law12 prepared by a professional engineer, land surveyor or landscape architect registered in Massachusetts.

The objectives of a definitive plan are:

The Planning Board encourages thorough analysis and resolution of design issues in the preapplication conference and/or preliminary plan stage prior to submission of the definitive plan. A definitive plan for a conventional subdivision will not be considered unless the Planning Board has conditionally approved a special permit for such a subdivision layout deviation, based on information, analysis and other requirements specified in §§ 380-2.8C and 380-2.9F of these Rules and Regulations. At the time of the filing of the definitive plan, it should be accurate, correct and complete on the day of submission. In addition, all features of the definitive plan should be consistent with the design standards described in Article IV. Any deficiencies and inaccuracies shall be grounds for denial of the definitive plan.

It is recommended that a licensed design professional be responsible for the coordination of the elements of the definitive plan, prepared by other professionals.

The definitive plan shall be clearly and legibly drawn in india ink or laser plotted on four mil double-sided mylar or three mil single-sided mylar to a scale of one inch equals 40 feet on sheets measuring 24 inches by 36 inches and shall comply with the recording requirements of the Register of Deeds or of the filing requirements of the Land Court, in the case of registered land. If multiple sheets are used, they shall be accompanied by an index sheet of the same dimensions drawn to an appropriately reduced scale. All required plans and documents required shall also be submitted as electronic files in pdf format.

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

File with the Planning Board the following:

Give written notice to the Town Clerk, by delivery or by registered mail, postage prepaid, that the applicant has submitted such definitive plan to the Planning Board, together with a copy of Form C and a copy of the definitive plan as submitted. 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. A definitive plan shall not be considered to have been submitted until the applicant has filed with the Town Clerk a notice stating the date of submittal. If the notice is given by delivery, the Town Clerk shall give a written receipt or a dated stamp of receipt on a copy of Application Form C.

Such plan shall be considered submitted, unless within 21 days of such delivery the Board determines that the application is incomplete because it does not contain the information required in Subsections C, D, E, F (if applicable) and G of these regulations or the proper procedure was not followed. If the application is considered incomplete, the Planning Board shall notify the applicant and the Town Clerk in writing.

Editor's Note: See Schedule C, included as an attachment to this chapter.

Town of Sherborn, MA

File with the Board of Health, at the time of filing the definitive plan with the Planning Board, three copies of each plan and document as submitted to the Planning Board along with the Board of Health filing fee.

At the same time as the submission of the definitive plan to the Planning Board, the applicant shall have made application for all other local, state, and federal permits or approvals required for the construction of streets, easements, utilities, and other improvements in the subdivision as provided in these regulations. Evidence of such filing, or inquiry, in the form of a copy of such application, and of any action by other agencies, shall be submitted to the Planning Board with the application for the definitive plan.

An applicant may withdraw a definitive plan upon written request which is approved by vote of the Board.

Subsequent submission of a revised definitive plan may be handled in the same manner as an original submittal, including the payment of an additional fee for review of the alternate or revised plan. Submission of a plan which, in the opinion of the Board, is so substantially revised as to constitute a new application shall be treated as a new application and will be accepted for processing only upon a written request from the applicant for the withdrawal of an earlier application.

Cover sheet. The cover sheet shall include the following:

Plan of existing conditions.

General subdivision layout.

Street and lot layout.

Grading and stormwater management.

Roadway plans and profiles. Profiles shall be drawn in ink or laser printer on four mil double-sided mylar or three mil single-sided mylar at a vertical scale of one inch equals four feet and a horizontal scale of one inch equals 40 feet and corresponding sections of the street survey plan shall also be shown at the same horizontal scale on each profile sheet. Profiles shall show the following:

Landscape plan. The landscape plan shall include, but not be limited to, the following items:

Erosion and sedimentation control plan. An erosion and sedimentation control plan, including, but not limited to:

Lighting plan. The lighting plan shall include:

Construction sequencing plan. The construction sequencing plan shall include:

Printed legend for endorsement of the Board's approval in the following form:

"This plan is approved on condition that no lot in the subdivision shown hereon shall be sold until the streets, ways, municipal services and utilities are constructed in accordance with the terms and conditions of an agreement dated , 20 , between the Town of Sherborn acting through its Planning Board and (1) a copy of which agreement is recorded herewith and subject to conditions imposed by the Board of Health and to the recording of this plan and said agreement with the Middlesex South District Registry of Deeds (or Land Court) on or before , 20 .

Being a majority of the Sherborn Planning Board Date , 20 "

Printed legend for the Town Clerk's endorsement in the following form:

Town of Sherborn, MA "I, Town Clerk of the Town of Sherborn, hereby certify that notice of approval of this plan has been received and recorded at this office and no notice of appeal was received during the 20 days next after the receipt and recording of such notice.

DateTown Clerk"

Location of aquifers, recharge areas, or watersheds for existing or potential drinking water supplies, based on existing, publicly accessible data.

Maximum (i.e., historic high) groundwater table elevation and direction and velocity of groundwater flow.

Projection of increases in nutrient and contaminant loading resulting from subdivision septic systems (collectively): at well sites within the subdivision, at abutter property lines, at wetlands and their buffer zone boundaries within or adjacent to the subdivision, and at other sensitive receptors. Projections shall be made in accordance with effluent evaluations specified by environmental health impact reports and other requirements of Board of Health Regulations, Chapter 305, Article III.

Analysis of open and closed drainage system alternatives, examining effects upon the recharge of aquifers and the quality of groundwater and surface water.

Draft deed to convey the proposed open space parcel(s) to the appropriate entity to hold the fee interest as well as a draft conservation restriction in cases where the fee interest is not proposed to be conveyed to the Town.

A report, in writing, certified by a registered professional engineer describing the subsurface conditions within the subdivision, including locations and results of all tests made to ascertain subsurface conditions within the subdivision, and on each proposed lot in the subdivision, provide locations and results of tests made to ascertain subsurface soil, rock and groundwater conditions, depth to groundwater and locations and results of all soil percolation tests conducted in accordance with the requirements of the Board of Health;

A statement, in writing, signed by the applicant and by the engineer and surveyor preparing the definitive plan, describing in detail any recent or contemplated filling, excavation, relocation or removal of earth (including, but not limited to, soil, loam, sand, clay or gravel) within the subdivision. With respect to each such filling or removal operation within the subdivision, including all filling, cutting and grading required in the construction of the subdivision streets and ways, the statement shall indicate, by reference to the definitive survey and profile plans, the approximate perimeter of the area affected thereby, the approximate amount of earth to be Town of Sherborn, MA placed, relocated or removed and the changes in elevation resulting therefrom. Specific explanation is required on any fill to be added, if removal is also proposed, and such fill shall be "clean fill" and subject to review by the Planning Board or its agent;

Three certified copies of all instruments and plans of record, if any, describing or delineating existing easements, covenants, agreements, and restrictions affecting any land within the subdivision;

Three copies of agreement, if any, providing for the acquisition by the record owner of the subdivision of such rights and easements in land contiguous to the subdivision as may be necessary for the lawful discharge of water from the subdivision drainage system onto such contiguous land or for the extension to the subdivision of utilities or municipal services over, across or under such land;

Engineer's and surveyor's field notebooks, if requested by the Board;

A statement signed by the applicant and by the engineer and surveyor preparing the definitive plan that either the proposed work is outside any estimated habitat or priority habitat area as defined by the most recent version of a map of such areas prepared by the Natural Heritage and Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife or any successor organization, or that permission for such work has been applied for or granted by NHESP.

The Planning Board shall promptly after the date a submission of a definitive plan is considered to be complete notify the following department and boards of such submission and request their review and recommendations.

Except for the Board of Health who shall report to the Planning Board within 45 days after receipt of the plan, all other departments and boards who are notified shall be given 35 days after receipt of such notice to make a report to the Planning Board, in writing, of their recommendations. The Planning Board shall not render a decision on the plan until 45 days from the date of such notice has expired or earlier if all reports are received.

Any report submitted to the Planning Board by a reviewing department or board shall be considered by the Planning Board in making its decision on a definitive plan. The Board may also request any department or board to review the plan with the Planning Board and/or to provide information regarding the definitive plan at the public hearing.

A copy of any report submitted to the Planning Board by another department, or board as part of the review of a definitive plan will be furnished to the applicant upon request.

After the application is considered complete, the Planning Board may request an on-site inspection.

Within 14 days of a request to do so by the Planning Board, the applicant shall proceed to staking and preparation for the on-site inspection by the Board. Staking shall consist of placing stakes in the ground delineating the location of proposed ways, driveway center lines and such other features as the Board may request. The center line of the proposed streets shall be marked with stakes at no more than 100-foot intervals with sufficient markings on said stakes to relate to the station locations as shown on the plan. After the staking, the Board will conduct a site inspection at a time to be arranged with the Board.

Before approval, modification and approval, or disapproval, of a definitive plan is given, a public hearing shall be held by the Planning Board, notice of the time and place and of the subject matter, sufficient for identification and including the location of the proposed subdivision and the name of the applicant, shall be given by the Planning Board at the expense of the applicant by advertisement in a newspaper of general circulation in the Town of Sherborn, once in each of two successive weeks, the first publication being not less than 14 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 Assessors' list (MGL c. 41, § 81T).

Prior to the endorsement of the definitive plan, the applicant shall file evidence that he has paid the cost of providing required notice, and of conducting the hearing, if any. No plan shall be endorsed until such expenses have been paid.

The applicant shall be given the opportunity to present his proposal at the public hearing.

The public shall be provided with an opportunity to be heard with respect to the proposed development, and any comments or documents submitted by the applicant, Town boards, commissions or departments, members of the public, or other relevant information shall be made a part of the public record.

The Board will either approve, approve with conditions, or disapprove the definitive plan within the time set for Board action by MGL c. 41, § 81U.

The action of the Board, including any conditions of approval or specific reasons for disapproval, shall be stated in a certificate of action and filed with the Town Clerk and a copies sent by the Board to the applicant by certified or registered mail. Unless an appeal is taken to the Superior or Land Court from the action of the Board and a written notice of such appeal is received by the Town Clerk within 20 days of the receipt by the Town Clerk of the certificate of action, the Planning Board shall endorse the approved definitive plan and refer thereon to any conditions of approval or to any instrument describing such conditions.

The approval by the Board of a definitive plan does not constitute a laying out or acceptance by the Town of the streets within the subdivision as public ways.

The applicant shall be responsible for the expense of furnishing the Board, prior to recording, three sets of full-size black or blue line prints and one set of three-mil diazo Mylars of all drawings comprising the definitive plan. Prior to the start of construction of a subdivision, the Planning Board shall cause to be recorded, at the applicant's expense, the definitive plan and all legal documents which relate thereto.

Unless otherwise waived, any such certificate shall be deemed to include without limitation the following:

Mark the proposed limit of work in the field, stake the location of the street, mark the trees to be preserved in the street rights-of-way, and schedule an appointment with the agent appointed by the Planning Board to oversee the subdivision or, if no agent, CMD for inspection by an authorized representative. The "limit of work" is defined as a point five feet beyond the extent of the cut slope, fill slope or other areas of grading necessary to construct the proposed subdivision street.

Make arrangements with the agent appointed by the Planning Board to oversee the subdivision or, if no agent, DPW for periodic inspections of work during the construction period.

The limit of work line shall remain marked until all construction is completed. The area outside the limit of work line shall be protected from damage or loss caused by construction activities by erecting barriers and avoiding stockpiles of earth materials on the root systems of trees during construction. The following is also required in relation to the limit of work line:

The developer shall maintain a copy of the approved definitive plan and of any approved change orders and a copy of the certificate of action (and the covenant, if applicable) at his/her normal place of business and on the site during construction. The developer shall provide a copy of the approved plans and the certificate to any broker, agent, development entity, builder or attorney authorized to act in the subdivision, sale or rental of property within the subdivision, and they shall maintain a copy of the plans and this certificate and the covenant at their normal place of business and furnish them to any person interested in purchasing a lot.

No construction activity in the subdivision shall take place prior to 7:00 a.m., after 5:00 p.m. (or sunset, whichever is later), or at any time on Sunday or on any legal holiday.

As soon as possible during construction, all disturbed upland areas shall be brought to final finished grade and all slopes created as a result of cut or fill shall be stabilized to prevent erosion by either loaming and seeding in accordance with USDA Natural Resources Conservation Service guidelines for permanent stabilization, or another way approved by the Conservation Commission and/or the Planning Board.

All debris, including stumps, and construction refuse shall be disposed of off-site, promptly and properly, and the construction site shall be maintained in clean condition.

Final contours for the construction of the street are to remain as shown on the definitive plan. Any desired change must be requested in writing and can be made only with the prior approval of the Board or, where authorized by the Board, the DPW. Such approvals shall not require a public hearing nor an amendment to the approved definitive plan.

Permanent bounds, as specified by the Town's standard details, shall be set at all angle points and at the beginning and end of each curve on the sidelines of the right-of-way. Permanent bounds shall be installed to delineate any easements offered to the Town in the same manner. Iron pins or equivalent permanent markers or monuments shall be set at each corner of each lot and at each change of bearing on any lot line.

Temporary markers at the location of all permanent bounds, markers or, monuments, as noted on the approved definitive plan, shall be set prior to the construction of the street and the issuance of any building permit, including a foundation permit; but permanent bounds or monuments shall not be installed within the limit of work line until all construction which might damage or destroy them is completed. The markers for each lot must be permanently installed before a certificate of occupancy for any dwelling unit thereon will be issued.

Electric, telephone, and other types of transmission wires, such as cable television, and the provision for foundations for streetlights with wiring in place shall be installed underground to one side of the pavement, as shown in the typical section, but not under the pavement. Utility crossings of subdivision streets required for utility system continuity shall be laid out in a manner that minimizes the crossings.

Prior to the installation of the binder course for the street, all underground connections that will be placed in the right-of-way shall be made to the limits of the right-of-way. No trenching will be allowed within the right-of-way subsequent to the installation of the binder course. No building permit, except for a foundation permit, may be issued until this work is complete.

No building permit, including a foundation permit, shall be issued until lots are released from the subdivision covenant as specified in Subsection N or a performance bond is in place as described in Subsections O(1) and the location of the bounds on the subdivision street and on any easements are temporarily marked if the construction is not at the point where the permanent bounds may be installed.

After the installation of the binder course, no utility structure shall be left protruding in the right-of-way if the finish course cannot be placed before winter. If utility structures are up above the binder course as winter approaches, the utility structures shall be lowered to the binder course level without the use of temporary asphalt pavement.

The applicant shall prepare and update an accurate and complete set of the construction plans showing each element as-built, and a signed set of the as-built plans shall be delivered to the Board prior to release of final security. At the request of the Board, such as-builts shall be confirmed for accuracy by an outside engineer at the applicant's expense. Minor changes from the approved plan may be made in the field, provided there is a written change order which must have the prior written approval of the appropriate Town supervising entities, as designated by the Planning Board for such purpose. A copy of all such change orders shall be furnished to the Planning Board and shall be maintained by the applicant. These approved changes shall be included in the as-built plans.

The applicant shall be responsible for maintaining, in a healthy condition, all new trees and shrubs planted within the right-of-way of the subdivision streets for a minimum period of one year after planting, and until the street is accepted at Town Meeting. If the location and/or species of the plants is changed from the approved landscape plan by direction of the Tree Warden, the Planning Board or their representative, the new information shall be submitted in the form of a plan to the Planning Board upon completion of the planting. After one season, trees that are dead, damaged or not likely to survive in a healthy state shall be replaced in kind and maintained for at least one additional year.

If, at any time, the construction of the subdivision is not in compliance with the approved plans, or any approved change order, the certificate, and/or the covenant, the Board may order that work on the construction of the subdivision be stopped and request that the Building Inspector defer the issuance of any additional building permits or certificates of occupancy until the noncomplying construction is corrected and brought into compliance. If the Board issues a stop-work order, the Board, or its designees may also require that additional surety be provided to allow for the correction of the noncomplying construction; or suspend or rescind the release of any, or all, lots which have not already been conveyed to a homeowner by filing a notice of such suspension or rescission in the Registry of Deeds.

Method One: performance bond. A performance bond of the applicant running to the Town of Sherborn secured by surety (Form H) or by money or negotiable securities deposited with the Town Treasurer (Form I or Form J) in such amount as the Board shall determine to be sufficient to cover the cost of completing the required improvements, or such portion thereof not secured by covenant under Subsection O(2). Such bond shall be conditioned upon full and satisfactory completion of all such improvements within such time as the Board shall determine, but in no event more than two years from the date of the Board's endorsement of its approval of the definitive plan.

Method Two: covenant.

Design features and construction practices shall avoid groundwater impacts and shall maximize environmental sustainability by adhering to these directives:

The proposed subdivision design, in particular the placement of housing and infrastructure in relation to wetland resources, will be evaluated based on the groundwater impact assessment analyses (see § 380-2.10F). This assessment will include a hydrogeological evaluation undertaken in accordance with BOH regulations for an environmental health impact report or an equivalent, preapproved evaluation approach, as well as technical evidence that the proposed designs will avoid adverse cumulative impacts to groundwater and wetland resources.

Pollution of groundwater during and after construction shall be prevented by control devices, including provisions for contaminant removal employing detention basins, subsurface drains or perforated risers, oil and grit separator catch basins, and other appropriate devices.

Measures to restrict nutrient loading in down-gradient groundwater to a maximum of five milligrams per liter (mgl) nitrate-nitrogen.

Measures shall be taken to restrict projected nutrient and contaminant levels (resulting from septic effluent subdivision-wide) in groundwater reaching sensitive receptors to a maximum of five milligrams per liter (mgl) nitrate-nitrogen (prior to the application of any nitrogen-reducing technologies).

For septic systems with a design capacity of 2,000 gallons per day or greater and for subdivisions with aggregate septic design capacity of 5,000 gallons per day or greater, the Planning Board will support determinations of the Board of Health and/or Conservation Commission to require monitoring wells at selected sensitive receptors (e.g., drinking water wells, potential sources of drinking water, wetland resources, property lines) with periodic testing (at least once every three years) to detect nutrient and contaminant loadings from subdivision septic systems.

Measures shall be taken to control erosion and sedimentation, as specified in an erosion and sedimentation control plan to be submitted with the definitive plan, and the use of construction site best management practices (BMPs). The erosion and sedimentation control plan should emphasize phased construction, temporary and permanent ground cover, and sedimentation control devices.

All streets and driveways in the subdivision shall be designed so that, in the opinion of the Planning Board, they will provide safe vehicular and pedestrian travel and an attractive street layout to obtain the maximum safety and amenity for future residents of the subdivision and the Town. Ways should run along rather than across a slope to the extent possible.

The proposed streets shall conform in location, so far as practicable, to any existing plans of the Planning Board and, where required by the Planning Board, to the existing street system and include only a minimum number of intersections with streets classified as major arterials.

If deemed appropriate for the site and consistent with the goals of the Sherborn Master Plan, the Planning Board may require that provision be made for the future projection of pedestrian walkways or trails, bicycle paths or streets to, or for access to, adjoining property, whether or not subdivided.

No subdivision shall be approved unless the streets therein connect to, and are accessible from, a public way in which the applicant has the necessary access rights.

Reserve strips prohibiting access to streets or adjoining property shall not be permitted, except where the Board finds them to be in the public interest.

Driveway cuts into streets shall be prohibited until the Planning Board finds that the location, width, length, line of sight, proximity to other driveways and streets, grade and elevation will provide adequate provisions for the public safety.

Existing streets that will be used to access the proposed subdivision shall be of a pavement width and condition adequate for the projected traffic. The Board may require the applicant to fund or conduct off-site improvements if the existing streets are not adequate.

Subdivision streets shall be continuous and of uniform width.

Subdivision streets intersecting existing streets or other existing or proposed subdivision streets shall do so:

The minimum center-line radii of curved streets shall be 150 feet with greater radii on arterial streets.

A tangent at least 150 feet in length shall separate all reverse curves except where the center line radius of one curve is 500 feet or more.

Street lines at intersections shall be rounded or cut back to provide for a curb radius of not less than 30 feet.

The minimum center-line grade for any street shall not be less than .5%.

The maximum center line grade for streets shall not be more than 8%.

Where changes in grade exceed 1%, vertical curves as required by the Board shall be provided. The length of vertical curve shall be designed to provide a minimum sight distance of 200 feet to an object 4.5 feet above the roadway surface from an eye height of three feet six inches. The sight distance shall be shown on the proposed street profiles.

Where a grade is 5% or greater within 150 feet of the intersection of street right-of-way lines, a relatively level area at least 75 feet long, with a maximum grade of 3%, shall be provided.

Wherever feasible, shade trees 12 inches in diameter or larger shall not be removed from within street rights-of-way, unless approved by the Planning Board.

Where the distance between twelve-inch-plus-diameter trees is such that the roadway is not shaded, the Planning Board may select existing healthy trees of lesser diameter to be retained and protected during construction.

The Planning Board may require that street trees not less than six feet in height and with caliper of at least two and one-half inches shall be planted at varying distances along both sides of every street and spaced on average not more than 40 feet on center.

Roadside rights-of-way shall be graded and planted to maximize retention of road runoff and groundwater recharge.

Curbs shall not be continuous but shall be designed to allow road runoff to drain to roadside plantings and/or swales.

Street trees, shrubs and plant materials shall be selected from an approved list supplied by the Tree Warden.

A continuous healthy growth for all planted trees, shrubs, plants and seeded areas shall be maintained for one year from the date of completion of all work on the street or until the street is accepted by the Town of Sherborn, whichever is later.

Editor's Note: Schedule A is included as an attachment to this chapter.

Driveways shall be at least 10 feet wide, but no more than 20 feet wide, and have a curb return at the street of three feet in radius.

Where no curbs exist, the driveway flare should have a three-foot radius.

Unless otherwise allowed by the Planning Board, driveway cuts shall be permitted only at the street where the frontage requirement has been met.

Shared, or common, driveways serving two dwellings shall be allowed by right. Common driveways serving three or more dwelling units are permitted with a special permit from the Planning Board.

Driveway cuts shall not be permitted within 100 feet of the sideline of intersecting streets or railroad crossings.

No more than one driveway cut shall be permitted per lot unless allowed by the Planning Board.

Any proposed street which connects only with a dead-end street shall be deemed to be an extension of the dead-end street.

Dead-end streets and their extensions, if allowed, shall not exceed 600 feet in length, measured from the center line of the nearest through street with which it intersects to the center line of the circle or ellipse.

Dead-end streets shall be provided with a turnaround [see Subsection G(6) below] at the closed end.

If the Planning Board determines that future extension of a dead-end street to an adjacent property is in the best long-term interest of the Town, the definitive plan shall show the right-of-way lines of each dead-end street projected through the turnaround to the subdivision property line. In this case, street easements in the segments of a turnaround lying outside of such projected lines (including sufficient land beyond the pavement for snow storage or other street maintenance needs) shall be temporary and shall terminate pursuant to MGL c. 41, § 81M, when the street is extended beyond the turnaround. The land between such right-of-way lines between the edge of the paved turnaround and the subdivision property line shall be designated as a separate parcel and shall be conveyed to the Town of Sherborn along with the constructed portion of the street right-of-way at the time of street acceptance. The purpose of the parcel shall be designated on the plan as future street right-of-way.

An applicant who extends a dead-end street at a later date shall remove the pavement, relocate any sidewalks, extend any driveway entrance and properly grade, loam and seed the areas included within the temporary easements. All such work shall be deemed to be a part of the required improvements of the connecting subdivision.

If, by reason of topography or other physical characteristics of land within or adjoining the subdivision, or by reason of the present use or development of the adjoining land, the Board is of the opinion that a particular dead-end street will not be extended beyond the turnaround, the Board may require that the outside right-of-way line of the turnaround be laid out with a radius of 60 feet. A paved circle with a radius of 45 feet and a circular landscaped island having a radius of 22 feet less than the designed radius of the turnaround shall be provided at the center of the turnaround. The circumference of such island shall coincide with the inside edge of the circular paved street.

The center-line profile grade of a turnaround from its beginning to its terminus shall not exceed 3% unless otherwise approved by the Board.

Drainage runoff plans, prepared at an adequate scale to show the full extent of both existing and proposed contributing watershed areas, including existing and proposed contours at two-foot intervals, and existing and proposed drainage systems (shown schematically) with tributary areas to each inlet.

Backup calculations for the approved methodology as stated in Subsection D(1), which include a narrative and overall drainage design philosophy with data supporting the following:

Backup calculations shall reference all sources of information, supporting data and assumptions used.

Drainage design computations shall be based on currently accepted methods (including but not necessarily limited to the Rational, NRCS TR-55, NRCS TR-20 methods), as appropriate for the size, characteristics, and complexity of the existing/proposed drainage system.

Rainfall rates shall be the National Oceanic and Atmospheric Administration (NOAA) Atlas 14, as amended, the Northeast Regional Climate Center (NRCC) "Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada," or another currently accepted industry standard that anticipates increased rainfall rates due to the impacts of climate change, as approved by the Planning Board. The specified "design storm" shall be defined as a twenty-four-hour storm using one of the preceding rainfall distribution calculations.

A twenty-five-year storm frequency shall be used for street drainage components and cross culverts.

To ensure that no properties shall be at risk in the event of a 100 year storm condition, the impact of a greater than 100-year storm shall be assessed at the applicant's expense, including:

The proposed drainage system shall be shown to allow on-site recharge equal to or greater than the amount of recharge that existed prior to the development.

In no case shall a drainage line of less than 12 inches in diameter be used.

All drains shall be sloped to provide for a minimum velocity of 2 1/2 feet per second at design flow for self-cleaning purposes. The maximum culvert design velocity shall be 10 feet per second (flowing full).

Where it appears that any street may be extended to connect with an existing or proposed street on land adjoining the subdivision, the Board may require that provision be made for extension of the drainage system to a point at or near the subdivision property line.

Waiver required. The incorporation of retention/detention systems into the proposed drainage improvement program of the definitive plan shall require a waiver by the Board, which may be granted only after the applicant has exhausted all other studies of means of accommodating stormwater runoff by natural drainage strategies. The Board may require that an outside consultant be hired to confirm these studies at the applicant's expense (see Administration article of these Rules).

Design criteria. Design calculations and criteria shall meet the applicable requirements of Subsections D and E of this section and the following:

Basin landscaping.

All drains and related systems shall be protected from erosion and siltation at all times. Prior to construction, all disturbed soils shall be temporarily stabilized, and after construction, all disturbed soils shall be immediately and permanently stabilized.

Any damage to these drainage systems, prior to acceptance by the Town, shall be repaired in a manner satisfactory to the Planning Board and the DPW Director, the full cost of which shall be borne by the applicant.

Easements shall be continuous from lot to lot and street to street, and their layout shall create as few irregularities as possible.

Center lines of easements shall follow lot lines so far as practicable and shall not be less than 20 feet in width.

Easements, or fee strips for pedestrian ways or footpaths, at least 20 feet in width will normally be required to provide convenient circulation and access to parks, schools, playgrounds and conservation areas.

Bridle path easements at least 20 feet in width may be required to connect with conservation areas, open spaces and existing trails.

Existing bridle paths and trails traversing the subdivision shall be preserved with as little relocation as practicable.

In cases where the Planning Board determines that a conventional subdivision design will fulfill the conservation goals of Zoning Bylaw § 240-4.5 better than an open space subdivision design, and a special permit application and preliminary plan for a conventional subdivision is submitted, the applicant is encouraged to set aside green belt sections within the conventional subdivision, consisting of wooded or other scenic areas to be preserved by mutual covenants and traversed by reciprocal trail easements for the benefit of each lot in the subdivision and to provide connections to trails on adjoining lands.

The applicant may grant to the Town or to any private, nonprofit corporation devoted to conservation purposes a conservation restriction or wildlife corridor over any portion of the subdivision in accordance with the procedure prescribed by MGL c. 184, §§ 31 and 32.

Before approval of a definitive conventional subdivision plan, the Planning Board may also require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air for the residents of the subdivision. The Board may, by appropriate endorsement on the plan, require that such park or parks may not be converted to building lots without approval of the Board.

No stripping of topsoil shall be permitted in a reserved area. If required by the Board, the land shall be graded as necessary for surface drainage and left in a suitable condition for the intended use.

A sidewalk may be constructed on one side of some or all subdivision streets, or on frontage of existing public ways, if deemed necessary for the safety and conveninece of pedestrians and cyclists, and to facilitate nonvehicular travel within the subdivision.

Paved sidewalks and crosswalks will conform to ADA standards.

Unpaved paths and connections between existing trails or bridle paths may be laid out along subdivision streets within the street right of way instead of, or in addition to, the sidewalk.

Sidewalks and trails will be laid out to optimize connections to surrounding neighborhoods, Town center, and other amenities such as recreational trails and open space.

Sidewalks shall be set back not less than six feet from the edge of the paved street but may be reduced to as little as three feet if a meandering sidewalk is proposed with a minimum of six feet in the area of street trees.

Open areas between the sidewalk and street shall be landscaped with swales and/or plantings for retention and absorption of street runoff and recharge of groundwater resources.

Sidewalks need not be parallel to the street and shall be laid out along a curvilinear course within the right-of-way with a minimum disturbance of the natural terrain. Sidewalks shall be laid out and constructed so as to preserve trees having a caliper of three inches or more, rock outcroppings, stone walls and other attractive features of the terrain. Prior to the start of clearing and grubbing, the applicant shall walk the proposed street locations with the Planning Board agent or a member or members of the Board and mark all trees to be preserved within the street rights-of-way.

Sidewalks shall be four feet in width, unless the Board shall specify a greater width.

Sidewalks shall be paved with bituminous concrete placed on a compacted foundation of gravel as detailed in Schedule A, Typical Section, Subdivision Street.

Sidewalks shall fully comply with the Massachusetts Architectural Access Board requirements, including handicapped access ramps at appropriate locations, as stated in 521 CMR 21.00 and 22.00. Also, temporary accessible routes shall be provided as applicable in accordance with 521 CMR 3.10.

Electric, telephone and other telecommunication services.

Gas service.

The subdivider shall protect all utilities and appurtenances installed from any and all damage until the entire subdivision is completed and approved as a whole by the Planning Board.

Any damage to these utilities and appurtenances prior to the approval by the Planning Board shall be repaired in a manner satisfactory to the Planning Board and DPW Director, the full cost of which shall be borne by the subdivider.

Editor's Note: Appendix B is included as an attachment to this chapter.

After all street construction is completed and before the release of any bond or covenant, the developer shall file with the Board one reproduction copy and two contact prints of the definitive plan corrected, including one one-inch-equals-200-feet scale copy of the plan of land, and certified by a registered professional engineer and registered land surveyor to show the following:

A certificate, signed by the engineer and surveyor preparing such as-built plan, shall be endorsed on the plan in the following form:

"Date: , 20

I hereby certify that the within plan shows the actual as-built locations, profiles and elevations of the streets, drainage facilities and utilities based upon a field survey made during the period from to .

Registered Land SurveyorRegistered Engineer"

No street or way through private property shall be accepted unless it has been constructed and completed in accordance with the Typical Section of a Subdivision Street (Schedule A)19 and the specifications set forth or incorporated in these Rules and Regulations.

Where a street or way or portion thereof is ready for acceptance by the Town, the applicant, in order to facilitate such acceptance, shall cause a proposed layout plan to be prepared by a registered land surveyor and filed with the Select Board. Such plan shall be the same as required in § 380-2.10C (size 18 inches × 24 inches or 24 inches × 36 inches) to an appropriate scale and show the following:

Each street or portion thereof necessary to serve each lot in a subdivision shall be constructed and brought to finish grade as indicated on the approved definitive plan and in accordance with the requirements of this section.

The applicant or his contractor shall furnish and maintain all stakes and such temporary structures as may be necessary or required by the Planning Board or its agent for marking and maintaining points and lines for the installation of the street related utilities throughout the construction of the subdivision.

Editor's Note: Schedule A is included as an attachment to this chapter.

Streets and ways shall be constructed in accordance with the Typical Section, Subdivision Street attached to these Rules and Regulations and marked "Schedule A."20

The street locations shall be excavated to a depth of at least 18 1/2 inches below the established finished grade and shall be graded and compacted to conform to Schedule A, Typical Section.

The conditions of the subgrade surface at the bottom of the excavation shall be inspected by the Planning Board agent, and, if in his opinion, such conditions are wet or spongy or otherwise unsatisfactory due to the presence of clay, sand pockets or organic materials, the bottom shall be excavated below the subgrade to a depth determined by the agent to be sufficient to ensure removal of all such materials. Suitability of subgrade should also depend upon compacted field density.

If any portion of the street location is required to be excavated below the designed surface of the subgrade, the space so excavated shall be filled with clean, bank gravel or such other suitable material containing no stones over six inches in diameter, as approved by the Planning Board agent. The street location shall then be graded and compacted so as to conform to the Typical Section.

All ledge, boulders and large stones located within the full cross section of the street shall be cleared to a minimum depth of 18.5 inches below the established finish grade.

All drainage pipes, culverts, catch basins and manholes and all utility pipes, conduits and appurtenances thereto to be placed under the roadway and sidewalk locations shall be installed and properly backfilled prior to construction of the street and sidewalk gravel base course.

The gravel base of the street shall consist of hard, durable stone and coarse sand, free from loam and clay, uniformly graded, containing no stone having a diameter of more than three inches and conforming to the requirements of the Standard Specifications for processed gravel for subbase.

After the street subgrade has been graded and properly compacted to an elevation of 18.5 inches below the designed finish grade, gravel for the base shall be spread in two layers of equal thickness, each thoroughly watered and compacted true to lines and grades with a vibrating roller weighing not less than 12 tons so as to yield a total depth of 14 inches after thorough compaction. Each layer shall be compacted to not less than 95% of the maximum dry density of the material as provided in the Standard Specifications. The gravel base shall be formed as shown on the Typical Section, Subdivision Street.21 Any depression that appears during or after rolling shall be filled with gravel and the area rerolled until the surface is true and even.

Editor's Note: Schedule A is included as an attachment to this chapter.

Editor's Note: See Schedules A and B, included as an attachment to this chapter.

When required by the Board or by the Board's agent, samples of the gravel to be used shall be tested for graduation by sieve analysis and the rolled gravel tested for compaction. Such tests shall be made at the expense of the applicant.

The pavement of the street in a subdivision shall consist of Class 1 bituminous concrete Type I-1 constructed in two courses, binder course and the top course. The binder course shall be three inches thick, and the top course shall be 1.5 inches thick after rolling so as to form a compacted final pavement depth of 4.5 inches over the gravel base in conformity with the lines, grades and typical cross section shown on the approved definitive plan.

Material and construction methods shall conform to the Standard Specifications.

No street pavement shall be constructed before March 30 of any year nor after November 1 of any year without written permission of the Board.

Embankments outside of the street right-of-way shall be evenly graded and pitched at a slope of not greater than two horizontal to one vertical in fill as shown on Schedule A.

Where cuts are made in ledge, other slopes may be permitted upon written approval of the Board. Where terrain is such that greater slopes are essential, retaining walls made of stone or natural stone facing or other material as may be approved by the Planning Board. Terracing or riprap may be used either alone or in combination, provided that plans of such proposed grading methods are filed with and approved by the Board prior to the commencement of road construction.

The Board may require that defined slope easements be shown on the definitive plan and that such easements be reserved by the applicant for future conveyance to the Town for maintenance purposes.

All major changes in the gradients of the land and streets as shown on the approved definitive plan shall be completed prior to the installation of the drainage system, utilities and streets.

Sloped granite edging shall be installed at all street intersections on the curve and extending at least eight feet beyond the tangent point. The method at installing the edging shall conform to the Standard Specifications.

Sloped granite edging segments at least eight feet in length shall be installed at all catch basins so as to extend not less than four feet in either direction from the catch basin center line.

Unless otherwise specified by the Board, the Cape Cod-type berm as shown on the Typical Section, Subdivision Street (Schedule A) shall be installed along all streets where sloped granite edging is not required.

No lot within the subdivision shall be further than 1,000 feet from an adequate source of water, as defined below, measured along an existing public way and/or proposed subdivision road shown on the definitive subdivision plan and the accessway to the source of water.

A source of water shall be adequate if it is no farther (vertically or horizontally) than 10 feet from the nearest access point which can be reached by the Fire Department and is (in order of desirability):

A five-foot-high chain-link fence with locking gate shall be provided to enclose each water hole.

An easement shall be given to the Town to provide access from the existing public way or proposed subdivision road to the source of water and for maintenance of the water hole or dry hydrant system.

All equipment associated with a dry hydrant system and fencing surrounding water holes shall be given to the Town for maintenance as Town property. However, until such time as the Town accepts such equipment or fencing, it shall be maintained in good repair and working order by the developer.

The size of pipe shall be in accordance with the approved definitive plan and in any case shall not be less than 12 inches in diameter.

Pipe for the construction of all culverts and drains shall be Class III reinforced concrete. Reinforced concrete pipe of higher class may be required where conditions warrant.

All pipes shall be laid out true to line and grade as shown on the approved definitive plan. Each section of pipe shall have a full, firm bearing throughout its length and shall be installed in compliance with the Standard Specifications. All joints shall be made of portland cement mortar with jute filler, or rubber-type ring gaskets, unless otherwise directed. No backfilling of pipes or culverts shall be done until the installation has been inspected and approved by the Board or its agent. All drainage trenches except cross drains shall be filled with clean gravel borrow in accordance with the Standard Specifications. All cross drains shall be backfilled with selected bank run gravel approved by the agent. Minimum covering of all pipe shall be not less than 36 inches.

Concrete or masonry headwall or reinforced concrete flared end sections shall be constructed at the open ends of all drainpipes which serve as outlets to the drainage system. Construction of headwalls and flared end sections shall conform to the Standard Specifications (see Appendix, Schedule B, Typical Sections22).

Stream crossings shall comply with the most recent stream crossing regulations promulgated by the Massachusetts Department of Environmental Protection.

Catch basins shall be located on both sides of the street on continuous grades at intervals of not more than 300 feet and at all low points and at the corners of intersecting streets. Intervals of less than 300 feet may be required on steep grades.

Catch basins and manholes shall consist of cement brick masonry, concrete block masonry, precast solid segments or precast concrete structures, all conforming to the Massachusetts Department of Transportation Standard Specifications.

Catch basins and manholes shall have an inside diameter of not less than four feet at a point 2 1/2 feet below the bottom of the frame.

Catch basins shall be at least three feet in depth measured from the invert of the outlet pipe.

Walls of catch basins and manholes shall be not less than eight inches in thickness and shall be laid in mortar composed of one part portland cement and two parts sand and sufficient water to form a workable mixture if made of blocks, or five inches if made of precast concrete.

The base of a catch basin or manhole shall consist of one course of brick or precast concrete pies laid flat with all joints thoroughly flushed full of mortar with a twelve-inch weep hole left in the center.

Backfill shall not be applied until after inspection or within five days of setting the mortar.

Frame castings for catch basins and manholes shall be set in full mortar beds at the pavement binder course. Manhole castings shall be set flush with the designed finish grade of the pavement, except if the finish course cannot be placed before winter, then the castings shall temporarily be set flush with the pavement binder course. When the finish course is to be placed, the manhole castings shall be raised to be flush with the finish course. In either case, the catch basin grates shall be set one inch below gutter grade.

Inspection of the required subdivision improvements shall be made by the Planning Board agent during the work, and arrangements therefor shall be made by the applicant with the agent prior to the starting of street construction.

Inspections shall be requested at least 48 hours in advance of each inspection by written notice to the Planning Board agent, a copy of which notice shall be sent to the Board.

All weight slips for bituminous concrete shall be furnished to the Planning Board agent.

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

The Board may authorize its agent to make additional inspections at his discretion during any stage of the work.

Plowing the streets to full width;

Sanding the streets;

Keeping drainage structures clear of snow, ice and silt;

Prevention of erosion on the street right-of-way, abutting property, lots retained and lots sold.

Unless otherwise waived, removed stone shall be used to repair other sections of the wall along the road.

No wall shall be cut without construction of an appropriate terminus. Appropriate end points are shown in the Appendix, Figures 1 and 2,24 and consist of stone piers, granite posts, stone walls with tapered ends turning back onto the lot along the drive, or wooden posts with or without a gate.

A plan showing the location and the nature of the proposed action and a description of the proposed changes to trees and stone walls;

A statement of the purpose(s) for the change;

A list of owners of property located in whole or in part within 500 feet of the proposed action;

Editor's Note: Figures 1 and 2 are included in Attachment 2 to this chapter.

Except in the case of town agencies, a filing fee of $25 shall be paid; and

Any further explanatory material useful to adequately inform the Planning Board prior to the public hearing.

Notice of submittal shall be filed with the Town Clerk and a copy of the submittal transmitted to the Tree Warden after it is accepted and signed for by the Planning Board or its staff.

The Planning Board shall, as required by statute, give notice of its public hearing by advertising twice in a newspaper of general circulation in the area, the last publication at least seven days prior to the public hearing.

This notice shall contain a statement as to the time, date, place, and purpose of the hearing with a description of the action proposed by the applicant. Copies of this notice shall be sent to the applicant, the Select Board, the Tree Warden, the DPW Director, the Conservation Commission, the Historical Commission, and the owners of property located within 500 feet of the proposed action.

In the event that the Planning Board holds a joint hearing with the Tree Warden acting under MGL c. 87, the advertisement shall be made by the Tree Warden.

The Planning Board shall make a decision as soon as practical but in no event later than 15 days from the hearing unless a longer time is agreed to by the applicant.

In rendering its decision, the Planning Board shall consider the application based on compliance with the "Scenic Road Act" and the considerations listed in § 380-3.9.

The Planning Board may require sufficient bond to be posted to cover the costs of required work within the road right-of-way and to protect existing vegetation and stone walls. Such bonding shall be specified in the Board's decision.

The decision of the Planning Board shall be filed within 15 days of the close of the public hearing with the Town Clerk unless a longer time is agreed to by the applicant; copies of which shall be sent to the applicant, the Select Board, the Tree Warden, the DPW Director, the Conservation Commission, the Historical Commission, and those persons who have requested a copy of the decision.

The approval by the Planning Board under these regulations of a proposed action shall be valid for two years, after which it shall be void.

Planning Board: The Planning Board shall serve as the Permit Granting Authority.

Conservation Commission: The Planning Board may designate the Conservation Commission as the Permit Granting Authority where the area of disturbance is within the buffer zone of a wetland resource area.

The site owner or his/her agent shall file with the Permit Granting Authority four paper copies and one digital copy of a completed Stormwater Management Permit Application package. Permit issuance is required prior to any applicable site-altering activity. While the Applicant may be a representative of the owner of the site, the Stormwater Management Permit must be issued to the owner of the site.

The Permit Granting Authority shall distribute one copy of a completed Stormwater Management Permit Application package each to the Planning Board, the Conservation Commission and the Building Inspector.

Editor's Note: See Ch. 226, Wetlands.

Stormwater Management Permit Application package:

The Applicant shall submit with each Application, an Application Fee payable to the Town of Sherborn. Applicants shall pay review fees as listed below to cover any expenses connected with the public hearing and review of the Stormwater Management Permit Application before the review process commences. The Permit Granting Authority may, at the Applicant's expense, retain a licensed P.E. or other professional consultant to advise the Permit Granting Authority on any or all aspects of these plans.

In addition to the above fee, the PGA is authorized to require an Applicant to pay an initial fee of up to $5,000 for the reasonable costs and expenses associated with retaining specific expert engineering and other peer review consultant services deemed necessary by the PGA. Payment may be required at any point during the PGA's deliberations prior to a final decision. The PGA shall notify the Applicant of such amount in writing. Failure to submit such amount within 14 days of receipt of said notice shall be deemed sufficient reason by the PGA to deny said application.

"Approval" of the Stormwater Management Permit Application based upon determination that the proposed Stormwater Management Plan meets the Standards as set forth in § 380-5.7C herein and will adequately protect the water resources of the community and complies with the requirements set forth in these rules and regulations;

"Approval with Conditions" of the Stormwater Management Permit Application subject to any conditions, modifications, or restrictions required by the Permit Granting Authority that will ensure the proposed Stormwater Management Plan meets the Standards and will adequately protect the water resources of the community and complies with the requirements set forth in these rules and regulations;

"Disapproval" of the Stormwater Management Permit Application based upon determination that the proposed Stormwater Management Plan, as submitted, does not meet the Standards, or will not adequately protect the water resources of the community and does not comply with the requirements set forth in these rules and regulations.

Names, addresses, telephone numbers, and email addresses of the owner, Applicant, and person(s) or firm(s) preparing the plan;

Project Narrative containing relevant information related to stormwater requirements;

Locus Map of the Site;

Any Conservation Restriction, Conservation Commission Restriction, Restrictive Covenant, or Conservation Deed Restrictions for the site;

Description of existing and proposed conditions;

Existing and Proposed Zoning and Land Use at the Site;

Existing and Proposed Easements and Utilities at the Site;

Existing Conservation Land as owned by the Town of Sherborn or neighboring community;

Existing and Proposed Topography (two-foot interval contours with additional spot grades as needed to depict detailed drainage patterns) at the Site;

Existing and Proposed hydrology, watershed boundaries, drainage area, and stormwater flow paths;

Existing and Proposed Stormwater Conveyances, Impoundments, and Wetlands into which stormwater flows at and adjacent to the Site;

Existing and Proposed 100-year floodplain, if applicable;

Seasonal High Groundwater Elevation, as determined by a Certified Soil Evaluator, via completion of representative test pits or other geological investigations in areas to be used for stormwater retention, detention, or infiltration;

Description of subsurface conditions in areas to be used for stormwater retention, detention, or infiltration;

Evaluation of opportunities for using Low Impact Development (LID) and green infrastructure techniques and BMPs;

Plans, Drawings and Descriptions of Proposed Drainage System and all components including:

Stormwater runoff shall be calculated using latest Northeast Regional Climate Center (NRCC) extreme precipitation amounts for recurrence intervals (storm events) two-, 10-, 25-, 50- and 100-year frequencies.

Any supplemental materials filed with US EPA under the CGP, such as a SWPPP and/or NOI as outlined in § 380-5.6I.

Documents must be stamped and certified by a qualified licensed P.E.; and

Any other information requested by the Permit Granting Authority.

No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or Waters of the Commonwealth.

Low Impact Development (LID) site planning and design strategies must be implemented unless determined infeasible by the PGA to reduce the discharge of stormwater from development sites;

Stormwater management system design shall be consistent with, or more stringent than, the requirements of the latest version of the Massachusetts DEP Stormwater Handbook;

Stormwater management systems on New Development shall be designed to meet an average annual pollutant removal equivalent to 90% of the average annual load of Total Suspended Solids (TSS) related to the total post-construction impervious area on the site AND 60% of the average annual load of Total Phosphorus (TP) related to the total post-construction impervious surface area on the site.

Stormwater management systems on Redevelopment sites shall be designed to meet an average annual pollutant removal equivalent to 80% of the average annual post-construction load of TSS related to the total post-construction impervious area on the site AND 50% of the average annual load of TP related to the total post-construction impervious surface area on the site.

Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways, (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions where feasible and are exempt from Subsection C(5) Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of Subsection C(5).

Minimize total area of disturbance;

Sequence activities to minimize simultaneous areas of disturbance;

Installing erosion and sediment controls prior to the commencement of any construction activity;

Minimize soil erosion and control sedimentation during construction, provided that prevention of erosion is preferred over sedimentation control;

Divert uncontaminated water around disturbed areas;

Maximize infiltration and groundwater recharge;

Install, inspect, and maintain all Erosion and Sediment Control measures in accordance with the manufacturer's specifications and good engineering practices;

Prevent off-site transport of sediment and wastes;

Protect all storm drain inlets and armor all newly constructed outlets;

Protect and manage on- and off-site material storage areas (overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project);

Comply with applicable federal, state, and local laws and regulations including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust control;

Institute interim and permanent stabilization measures, which shall be instituted on a disturbed area as soon as practicable but no more than 14 days after construction activity has temporarily or permanently ceased on that portion of the site;

Properly manage on-site construction waste and materials;

Stabilize construction site entrances and exits and prevent off-site vehicle tracking of sediments; and

Ensure that any stormwater BMP (for post-construction stormwater management) installed during construction will be protected from compaction, siltation, and erosion or will be restored or replaced such that the BMP will be capable of functioning as designed in accordance with these stormwater regulations.

Names, addresses, telephone numbers, and email addresses of the owner, Applicant, and person(s) or firm(s) preparing this plan;

Title, date, north arrow, names of abutters, scale, legend, and locus map;

Location and description of natural features including:

Lines of existing abutting streets showing drainage and driveway locations and curb cuts;

Existing soils, volume, and nature of imported soil materials;

Topographical features including existing and proposed contours at intervals no greater than one foot with spot elevations provided when needed;

Surveyed property lines showing distances and monument locations, all existing and proposed easements, rights-of-way, and other encumbrances, the size of the entire parcel, and the delineation and number of square feet of the land area to be disturbed;

Drainage patterns and approximate slopes anticipated after major grading activities;

Location and details of erosion and sediment control measures with a narrative of the construction sequence/phasing of the project, including both operation and maintenance for structural and non-structural measures, interim grading, and material stockpiling areas;

Path and mechanism to divert uncontaminated water around disturbed areas, to the maximum extent practicable;

Location and description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other stabilization measures;

A description of construction and waste materials expected to be stored on-site. The Plan shall include a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

A description of provisions for phasing the project where one acre of area or greater is to be altered or disturbed:

A description of how the project owner will inspect the site during the course of construction to monitor the management of stormwater in accordance with applicable town, state, and federal regulations;

Plans must be stamped and certified by a qualified Professional Engineer or a Certified Professional in Erosion and Sediment Control (CPESC); and

Such other information required by the Permit Granting Authority.

The name(s) of the owner(s) of all components of the system.

Maintenance agreements that specify:

Stormwater Management Easement(s). Stormwater management easements shall be granted by the property owner(s) for nominal consideration to the Town of Sherborn if the Permit Granting Authority deems necessary for:

Changes to Operation and Maintenance Plans.

Initial Site Inspection: prior to approval of any permit/plan (note, an inspection will also be completed by the Town's third-party expert engineer);

Erosion and Sediment Control Inspection prior to the commencement of any construction activity: to ensure erosion and sediment control measures are in place and stabilized, and to ensure erosion control practices are in accordance with the filed plan (note, an inspection will also be completed by the Town's third-party expert engineer);

Site Clearing has been substantially completed;

Rough Grading has been substantially completed;

Final Grading has been substantially completed;

Bury Inspections: prior to backfilling of any underground drainage or stormwater structures.

Close of the Construction Season;

Landscaping (permanent stabilization); and

Final Inspection. After the stormwater management system has been constructed the Applicant must submit a record as-built plan detailing the actual stormwater management system as installed. Such plans shall show compliance with the final approved plans by the Permit Granting Authority. The Permit Granting Authority or their designee shall inspect the system to confirm its "as-built" features match those depicted on the project plans. If the inspector finds the system to be adequate, the inspector shall so report to Permit Granting Authority which will issue a Certificate of Completion.

The Permit Granting Authority or an authorized agent (enforcing agent) of the Permit Granting Authority may issue a written notice of violation or enforcement order to enforce the provisions of the Stormwater Management Bylaw and these Regulations, which may include but not limited to, requirements to:

If the notice of violation or enforcement order was issued by an authorized agent and not by the PGA, the Property owner or its designee may appeal the decision of the enforcing agent to the full Permit Granting Authority within five calendar days of receipt of the written notice of violation or enforcement order. Failure to appeal with five calendar days shall preclude any further appeal.

If the Permit Granting Authority, or its authorized agent determines that abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further provide that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, pursue a Court Order allowing the Town to undertake such work, and expenses thereof shall be charged to the violator.

Town of Sherborn, MA

The suspension or revocation of the Stormwater Management Permit shall not relieve the Applicant of its obligations thereunder except at the discretion of the Permit Granting Authority as stated in writing.

Any Person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of the Stormwater Management Bylaw and these Regulations, or in violation of the approved Plans under these Regulations shall forthwith comply with any such Order, and restore such real estate to its condition prior to such violation, as the Permit Granting Authority deems necessary to remedy such violation.

Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Permit Granting Authority or its designee may elect to utilize the non-criminal disposition procedure set forth in MGL c. 40, § 21D and the Town's Bylaws in which case the Permit Granting Authority or its designee shall be the enforcing entity. The penalty shall be $200 per violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

Remedies Not Exclusive. The remedies listed in these Regulations are not exclusive of any other remedies available under any applicable federal, state, or local law.