[HISTORY: Adopted by the Board of Selectmen
of the Town of Deerfield 5-13-1964. Amendments noted where applicable.]
The following rules and regulations governing
the Proposed Layout of Public Roads in the Town of Deerfield have
been adopted for the purpose of protecting the safety, convenience
and welfare of the inhabitants of Deerfield by providing for the laying
out and constructing of roads with due regard for safe and convenient
travel to all areas to be served by the ways, for lessening congestion
in such ways and in adjacent public ways; for reducing danger to life
and limb in the operation of motor vehicles; for securing safety in
the case of fire, flood, panic and other emergencies; for securing
adequate provisions for water, sewerage, drainage and other requirements
where necessary; and for coordinating the proposed roads in an area
with each other and with other public ways in the Town.
[Amended 6-12-2021 ATM by Art. 15]
Under the authority in the Selectboard of the
Town of Deerfield said Board hereby adopts these rules and regulations
governing the proposed layout of public roads in the Town of Deerfield.
Such rules and regulations shall be effective on and after the 13th
of May 1964.
As used in this chapter, the following terms
shall have the meanings indicated:
American Association of State Highway Officials.
American Society for Testing and Materials.
The Selectboard of the Town of Deerfield, Massachusetts.
[Amended 6-12-2021 ATM by Art. 15]
The registered professional engineer or registered land surveyor
employed by the proprietor of a development or the Selectboard to
prepare plans and supervise construction of roads.
[Amended 6-12-2021 ATM by Art. 15]
Any materials testing laboratory which is approved by the
Selectboard.
The Massachusetts Department of Public Works.
The Town official or his designated representative responsible
for the construction, repair and maintenance of the Town's roads.
A.
New primary and/or arterial roads: one-hundred-foot
width. The layout of roads in this classification shall be applicable
only to and reserved exclusively for the Selectboard and/or the MDPW
for the roads connecting major areas of the Town of Deerfield separated
by more than one mile distance or the Town of Deerfield with other
adjacent towns. In the event that a road of lower classification is
proposed which approximates the route of a higher classification,
in the opinion of the Board, the Board may, at its discretion, allow
the construction of a road of lower classification within the required
right of way width for a primary layout.
[Amended 6-12-2021 ATM by Art. 15]
B.
Secondary roads: widths of 50 feet minimum to 80 feet
maximum. The layout of roads in this classification shall have included
within the layout, design provisions for a five-foot sidewalk, a five-foot
to ten-foot width reserved for public utilities, public sewerage,
public water supply and fire protection, public drainage systems for
surface and subsurface waters within and adjacent to the layout, and
a suitable reserved width for a tree belt if it is to be located within
the layout.
C.
Private roads.
(1)
Any road, path, trail or suchlike which exists or
is built over an easement, right-of-way or otherwise, and is used
for the purpose of motor vehicle travel to and from two or more individual
parcels of land, which was not an accepted public way January 1, 1964
shall be considered as a private way.
(2)
Anyone who causes the reconstruction of an existing
way, or constructs a new way, not in conformance with these rules
and regulations or as prescribed otherwise by the Board, shall be
considered as reconstructing or constructing a private way.
(3)
Existing or new private ways which are not equal to
or better than road layouts as specified herein, or as specified otherwise
by the Board, shall not be laid out by said Board for acceptance as
public ways.
(4)
Anyone desiring to construct a private way connecting
to a public way shall secure a permit for said entrance to the public
way from the party having jurisdiction, and the portion of the road
entrance within a Town right-of-way shall be built to design standards
as specified by the Board.
D.
Proposed secondary roads to become public ways servicing
commercial and/or industrial sites primarily, shall be built in accordance
with the requirements of the agreements between the developer and
the Selectboard, which shall be agreed to mutually and separately
for each layout.
[Amended 6-12-2021 ATM by Art. 15[
A.
Preliminary Plans.
(1)
General. A preliminary plan of the area to be developed
shall be prepared by a registered professional engineer for discussion
and tentative approval by the Board. The submission of such a preliminary
plan will enable the developer, Board, other municipal agencies and
abutting property owners to discuss and clarify the problems of the
proposed layouts.
[Amended 9-22-1982]
(2)
It shall be the exclusive responsibility of developers
to design a layout including all the necessary design details, specifications
and construction controls to construct the road in terms of accepted
construction practices; and to secure the necessary written approval
and agreements with the Board to qualify the layout for acceptance.
(3)
Contents.
(a)
The preliminary plan may be drawn on tracing
paper with pencil at a suitable scale (one inch equals 100 feet being
the suggested scale) and two prints shall be filed at the office of
the Board. Said preliminary plan shall show sufficient information
about the area to be developed to form a clear basis for discussion
of its problems and for the preparation of the definitive plan.
(b)
Such information will include major site features such as existing stone walls, fences, buildings, large trees, rock ridges and outcroppings, swamps and water bodies and existing topography as required, together with the information required by Subsection B(2)(a) to (d), of the contents of definitive plan. During discussion of the preliminary plan, the complete information required for the definitive plan and the financial arrangements will be developed.
(4)
Tentative approval. The Planning Board may give such
preliminary plan its tentative approval, with or without modification.
Such tentative approval does not constitute approval of a proposed
layout but does facilitate the procedure in securing final approval
of the definitive plan.
B.
Definitive plan.
(1)
General. Any person who submits a definitive plan
of an area to be developed to the Board for approval shall file with
the Board an original drawing of the definitive plan and three contact
prints thereof, dark line on white background. The original drawing
will be returned after approval or disapproval.
(2)
Contents. The definitive plan shall be prepared by
an engineer or surveyor and shall be clearly and legibly drawn in
black India ink upon tracing cloth. The plan shall be at a scale of
one inch equals four feet or such other scale as the Board may accept
to show details clearly and adequately. Sheet sizes shall preferably
not exceed 24 by 36 inches. If multiple sheets are used, they shall
be accompanied by an index sheet showing the entire area to be developed.
The definitive plan shall contain the following information:
(a)
Development name, boundaries, North point, date
and scales.
(b)
Name and address of record owner, developer
and engineer or surveyor.
(c)
Names of all abutters as they appear in the
most recent tax list.
(d)
Existing and proposed lines of streets, ways,
lots, easements and public or common areas within the area to be developed.
The proposed streets shall be shown in pencil until they have been
approved by the Board.
(e)
Sufficient data to determine the location, direction
and length of every street and way line, and to establish these lines
on the ground.
(f)
Location of all permanent monuments properly
identified as to whether existing or proposed.
(g)
Location, names and present widths of streets
bounding, approaching or within reasonable proximity of the area to
be developed.
(h)
Suitable space to record the action of the Board
and the signatures of the members of the Board (or officially authorized
person).
(i)
Existing and proposed topography at a suitable
contour interval as required by the Board. (May be submitted on the
same sheet as the definitive plan or on separate sheets.)
(j)
Profiles on the exterior lines of proposed streets
at a horizontal scale of one inch equals four feet and vertical scale
of one inch equals four feet, or such other scales acceptable to the
Board. All elevations shall refer to the Town datum. (May be submitted
on the same sheet as the definitive plan or on separate sheets.)
(k)
Proposed layout of storm drainage, water supply
and sewage disposal systems. (May be submitted on the same sheet as
the definitive plan or on separate sheets.)
(3)
Performance guaranty.
(a)
Before approval of a definitive plan of an area to be developed, the developer shall either file a performance bond or deposit money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements specified in § 197-8. Such bond or security if filed or deposited shall be approved as to form and manner of execution by the Town Council and as to sureties by the Selectboard or Town Manager and shall be contingent on the completion of such improvements within two years of the date of the bond.
[Amended 6-12-2021 ATM by Art. 15]
(b)
There shall be a second performance bond, deposit of money or negotiable securities filed with the Board as the additional security. The method of security and amount to be determined by the Board to cover the developer's four-year resurfacing responsibility, meeting all the provisions of Subsection B(3)(a) and filed with the Board prior to approval of the definitive plan.
[Added 9-22-1982]
(4)
Review by Board of Health as to suitability of the
land. If the Board of Health is in doubt as to whether any of the
land in the area to be developed can be used as building sites without
injury to the public health, any approval of the plan by the Board
shall then only be given on condition that the lots or land as to
which such doubt exists shall not be built upon without prior consent
of the Board of Health, and shall endorse on the plan such condition,
specifying the lots or land to which said condition applies. Any lot
so located that it cannot be served by a connection to the municipal
sewer system shall be provided with a cesspool or septic tank and
drain field satisfactory to the Board of Health.
(5)
Certificate of approval.
(a)
The action of the Board in respect to such plan
shall be by vote, copies of which shall be certified and filed with
the Town Clerk and sent by delivery or registered mail to the applicants.
If the Board modifies or disapproves such plan, it shall state in
its vote the reasons for its action. Final approval, if granted, shall
be endorsed on the original drawing of the definitive plan by the
signatures of a majority of the Board. After the definitive plan has
been approved and endorsed, the applicant shall furnish the Board
with three prints thereof.
(b)
Final approval of the definitive plan does not
constitute the laying out or acceptance by the Town of streets within
an area to be developed. However, it is the intent of the Board to
lay out the road and present said layout to the Town for acceptance
after construction has been completed to the Board's satisfaction
and in accord with the agreement.
[Added 6-3-1987; amended 6-12-2021 ATM by Art. 15]
The Selectboard voted not to consider the layout
of a public way until two years after the completed construction of
said way(s).
A.
Secondary roads.
(1)
All streets in the proposed area to be developed shall
be designed so that, in the opinion of the Board, they will provide
safe vehicular travel at a design speed of 30 miles per hour.
(2)
Street jogs with center-line offsets of less than
125 feet are to be avoided.
(3)
Streets shall be laid out so as to intersect as nearly
as possible at right angles. No street shall intersect any other street
at less than 60°.
(4)
Property lines at street intersections shall be rounded
or cut back to provide for a curb radius or not less than 20 feet.
(5)
Reserve strips prohibiting access to streets adjoining
property shall not be permitted, except where, in the opinion of the
Board, such strips shall be in the public interest.
(6)
The minimum width of street right-of-ways shall be
50 feet. Greater widths shall be required when deemed necessary for
present or future vehicular travel.
(7)
Grades of streets shall not be less than 0.5% nor
more than 6% for secondary streets.
(8)
The Board may specify a higher design speed and greater
road way width when the length of any layout is in excess of 1,500
feet.
(9)
All dead end streets shall be provided with culs-de-sac
of center-line radius of 60 feet minimum and travel surface widths
equal to the total travel width and shoulders of the road leading
into the cul-de-sac. The property line shall have a minimum diameter
of 20 feet greater than the outside edge of the roadway diameter.
(10)
A minimum safe stopping sight distance of 200 feet
shall be provided horizontally and vertically. This requirement shall
also be applied to that portion of driveways within the layout.
(11)
All residential streets shall be designed for H-10
loadings minimum and all streets serving commercial or industrial
plots shall be designed for H-20 loading minimum.
A.
Easements for utilities across lots, or centered on
rear or side lots shall be provided and recorded in favor of the Town
of Deerfield where necessary and shall be at least 30 feet wide.
B.
Drainage easements for a watercourse, drainageway,
channel or stream shall be provided and recorded in favor of the Town
of Deerfield and shall be at least 30 feet wide, and conform substantially
to the lines of such watercourse, drainageway, channel or stream and
to provide construction or other necessary purposes.
A.
The complete construction of the proposed road with
surface and subsurface drainage shall be the complete responsibility
of the developer and all work and materials shall conform to the latest
specification of the Massachusetts Department of Public Works, and
shall include but not be limited to the following minimums:
(1)
Clearing and grubbing of the entire layout width.
(2)
Removal and stockpiling of topsoil and loam within
the construction limits.
(3)
Construction of subgrade to the line, grade and cross
section of the approved design.
(4)
Construction of twenty-four-inch gravel subbase to
the line, grade and cross section of the approved design.
[Amended 12-2-1981]
(5)
The gravel subbase shall be primed with one application
of asphalt or tar, as specified by the Board, over its full width,
roadway and shoulders inclusive, at the rate of one gallon per square
yard and allowed to cure for 24 hours before any covering is applied.
(6)
The minimum roadway width of 24 feet shall receive
a single surface treatment of asphalt or tar as specified by the Board,
with peastone cover coat, in accordance with the approved design.
(7)
Grading, loam replacement and seeding, with the appropriate
mix for either grass plot or for slopes, of all areas within the layout
not occupied by roadway, sidewalks and drives.
(8)
Driveways constructed within the layout shall be constructed
to the same requirements as the road it is connected to, having a
ten-foot surface width with ten-foot radius rounding to the edge of
pavements.
(9)
The layout shall include the design provisions of
a five-foot wide sidewalk where required and the sidewalk subgrade
shall be prepared along the roadway. If not required to be constructed,
the sidewalk subgrade shall be graded, loamed and seeded.
(10)
A complete surface drainage system and subsurface
drainage system when required, shall be designed by the rational method
to provide for stormwater runoff on a two-year storm basis and in
accordance with accepted engineering practices and shall be installed
prior to subbase construction. Continuous grades shall be drained
on both sides at intervals not in excess of 400 feet at all low points,
sags in the roadway and near the corners of the roadway at intersections.
Roadway cross culverts shall be of the required length to cross the
full layout width and the entire crossing width shall be graded substantially
to the center-line grade.
(11)
Curbing and guardrails, side slopes.
(a)
Where curbing is installed for design purposes,
the shoulder shall receive the same surface treatment as the roadway.
(b)
Guardrail with curbing shall be installed for
all slope heights in excess of five feet when side slopes are two
feet horizontal to one foot vertical or steeper (when allowed by the
Board). The curbing and guardrail shall be installed in a four-foot
section outside of the shoulder. When a sidewalk is required, the
guardrail shall be two feet inside of the top of slope and one foot
outside of the sidewalk, with the curbing installed at the outside
edge of the shoulder.
(c)
Side slopes shall be minimum four feet horizontal
to one foot vertical in fill sections except where guardrail and curbing
is provided. In cuts sections, a two-foot bottom swale at subgrade
level with 4H:IV side slopes or its equivalent shall be provided for
snow storage before 2H:IV cut slopes begin.
(12)
Municipal utilities.
(a)
General: All municipal utilities designed to
be constructed under areas required to be surfaced treated for acceptance
shall be constructed prior to construction of the subbase.
(b)
Sanitation: Designs for proposed roadways shall
include provisions for municipal sanitary sewers and house connections,
all within the layout; said design to be in accordance with the specification
and rules of the Deerfield Sewer Commissioners and standard engineering
practices. Individually owned and operated sanitation systems will
not be acceptable.
(c)
Public water and fire protection: The design
of proposed roads shall include within the proposed layout provisions
for supplying all areas served by the road with municipal water for
consumption and fire fighting in accordance with specifications of
the water district in which it is located. Water pipes shall be sized
and hydrants located to provide the minimum requirements of New England
Fire Insurance Rating Association in new layouts regardless of the
adequacy of the water to which it may be connected.
(13)
Tree planting. All plans submitted for approval shall
have trees the number, variety and location to be approved and planted
under the supervision of the Tree Warden.
[Added 3-31-1982]
(14)
Developer's four-year resurfacing responsibility.
Four years from the completion of the original road surface or a sooner
time to be determined by the Selectboard, the developer will resurface
the road or a portion thereof. If the Selectboard determines the road
or a portion thereof should be resurfaced prior to the end of the
four-year period, they will notify the developer of their determination
and the developer will forthwith present a resurfacing schedule that
will be approved by the Selectboard and followed by the developer.
The resurfacing required by this subsection is the application of
cutback or emulsified asphalt to be applied at the rate of 1/3 gallon
per square yard with 3/8 trap rock stone binder; the same to be rolled
immediately upon being applied.
[Added 9-22-1982; amended 6-12-2021 ATM by Art. 15]
B.
A performance bond will be supplied to the Town of
Deerfield or its equivalent according to the specifications as outlined
on this sheet or sheets.
