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A.  General

All lots shown on a plan submittal pursuant to these Rules and Regulations shall comply with area, frontage and other requirements of the Rutland Zoning By-Law and shall conform to any design guidelines adopted by the Town of Rutland.

Natural features such as water courses, scenic points, historic resources and similar community assets that add value and attractiveness to the subdivision and the Town shall be protected and preserved.

B.  Streets

1.  Streets within a proposed subdivision shall be continuous, in alignment with existing streets or to the limits of the subdivision so as to provide for future extension in adjacent undeveloped lands where appropriate in the opinion of the Planning Board and to form a convenient system for safe travel.  No subdivision shall be approved unless the streets therein connect to and are accessible from a public way, nor shall it be approved if the Planning Board determines that such access roads will fail to meet acceptable engineering standards for capability to handle expected additional traffic from said subdivision.

2. All streets in the subdivision shall be designed so that, in the opinion of the Planning Board, they will provide safe vehicular travel.  Due consideration shall also be given by the applicant to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the subdivision.  The proposed streets shall comprise a convenient system to ensure free circulation of traffic with a minimum number of intersections with collector streets.

3. Where possible, streets entering opposite sides of another street shall be laid out directly opposite each other.  Street intersections or jogs with centerline offsets of less than 150  feet within the subdivision and less than 300 feet for street intersecting with streets outside the subdivision, reverse curves, streets of varying width, street intersections at less than 60 degree angle and reserve strips prohibiting access to streets or adjoining property shall not be permitted, except where the Board finds them to be necessary and not detrimental to public safety.
     Streets entering the same side of another street shall be laid out with a minimum distance of three hundred (300) feet between their centerlines. This minimum distance shall be observed inside and  outside the boundary of the proposed subdivision.

4. Intersections of street sidelines shall be rounded with a curve of not less than 25 feet radius.  All changes in the direction of a street shall be by means of curves in the centerlines with a minimum 125-foot radius.  The Planning Board may, in appropriate situations, authorize smaller curve radii where the posted speed limits are reduced below 30 mph..

5. Depending on the amount of traffic they will be expected to accommodate, the streets in town, except state highways, shall be classified as residential access, residential subcollector, subcollector and collector.  The classification of a proposed street shall be determined by the Planning Board.  Residential access streets shall not serve more than twenty  (20) homes; Collector streets shall include all ways that will be used as major through ways. Residential subcollector and Subcollector streets shall be determined in the discretion of the Planning Board based on the anticipated usage, location and type of road to which the proposed street will connect.

6. Stopping sight distances for all streets shall conform to these regulations or the standards for horizontal and vertical alignment and intersections given in the American Association of State Highway and Transportation Officials "A Policy on Geometric Design of Rural Highways” - latest revised publication.  In the event that these regulations differ from said Policy the standards shall be determined by the Planning Board.

7. At the approach to an intersection, a leveling area shall be provided having grades not exceeding 3% for a distance of 50 feet from the nearest line of the intersecting street’s right of way.

8. Dead end streets shall not be longer than 1,000 feet on centerline from the centerline of intersecting through street to the end of the turnaround, or other measuring point as defined herein.  Dead end streets without a loop shall be provided with a turnaround having a Right-of-Way diameter of at least 120 feet at the closed end if not part of a loop.  Dead end streets shall not serve more than twenty  (20) lots.

9. The length and width of streets shall be minimized to promote groundwater recharge, to minimize stormwater runoff and to maintain a comfortable scale of development. Streets shall conform to the standards set forth in the table below.

Street Type

Right-of-Way width

Pavement Width (min)

Stopping Sight Distance

Grade      Min. - Max

Residential Access
(serving no more than 20 homes)

50 feet

18 feet

125 feet


Residential Subcollector

50 feet

20 feet

175 feet



50 feet

24 feet

200 feet


Collector (primary through streets)

50 feet

28 feet

200 feet


10. Where the street system within a subdivision does not connect with or have, in the opinion of the Board, adequate access from a public way, the Board may require, as a condition of approval of a plan, that such adequate access be provided by the subdivider, and/or that the subdivider make physical improvement of access to and within such a way, so as to conform to the provisions of these Regulations, either from the boundary of the subdivision to the public way, or along such public way for a distance which, in the opinion of the Board, is sufficient to provide adequate access to the subdivision.
11.  Where the physical condition or width of a public way from which a subdivision has its access is considered by the Board to be inadequate to either provide for emergency services or carry the traffic which is expected, in the opinion of the Board, to be generated by such subdivision, the Board may require the subdivider to dedicate a strip of land for the purpose of widening the abutting public way to a width at least commensurate with that required within the subdivision, and to make physical improvements to and within such public way to the same standards required within the subdivision. Any such dedication of land for purpose of way and any such work performed within such public way shall be made only with permission of the governmental agency having jurisdiction over such way, and all costs of any such widening or construction shall be borne by the subdivider.

C.  Sidewalks, Bikeways and Walking Paths

Sidewalks shall not be less than five (5) feet and walking paths shall not be less than three (3) feet in width.  Sidewalks shall be constructed on one side of all subdivision streets and ways, at the discretion of the Planning Board.  Bikeways shall not be less than eight (8) feet in width and shall be required if the subdivision is adjacent to any existing or approved future bikeway and shall be located according to Planning Board recommendations.  Where bikeways and sidewalks are separate from the street, the minimum right-of-way shall be 15 feet. The profile, dimensions and location of separately located sidewalks and bikeways shall be subject to the approval of the Planning Board.  The grade shall be at least 1 inch above curb elevation.  Where the sidewalk is adjacent to but separated from the street, it may be included within the street right-of-way, or extension to it, without the provision of an additional sidewalk right-of-way.

Public Water

Where public water will serve the subdivision, water mains, laterals and appurtenances shall be designed to conform to the Water Commission specifications, and to provide adequate water service for the needs of residents and for fire protection.  The minimum size of water main shall be eight inches (8").  Water mains shall connect to municipal water supply system and shall extend to the limits of subdivisions where continuation into adjacent land is advisable in the opinion of the Planning Board.  Whenever possible, the system shall be designed to form a continuous loop with existing or proposed water mains.  Hydrants shall be spaced not more than 500 feet apart.  The Applicant shall design, furnish and install all water pipes, gates, hydrants, service connections and necessary fittings to make a complete system.  If the new service will be publicly accepted and maintained, the Applicant shall grant to the Water District a deed and/or easement appropriate for access and maintenance of said system.

Where public sanitary sewers will be provided, they shall be constructed in accordance with policies and plans of the Sewer Department and the approved subdivision plan to provide adequate sewage disposal for all of the lots in the subdivision.  All construction shall be in accordance with the specifications of the Sewer Commission, or other Town official or agency with responsibility for sewer regulation.  The following design standards shall apply.

1. House connections shall have a minimum slope of 2%.
2. Manholes shall be constructed at all changes in slope, direction or pipe size, and shall not be greater than 300 feet apart.  (See Detail Plate 1)
3. Prior to approval of the system, air, vacuum and mandrill testing will be required, at the Applicant’s expense, as directed by the Town official or Board with responsibility for sewer regulation.  All pipe installation will be inspected prior to backfill.  An as-built drawing certified by a professional engineer must be provided prior to acceptance.
4.All pipe is to be PVC or Ductile Iron.  All manholes are to be pre-cast concrete.
5. Every effort shall be made to locate the sewer in the center of the road.
6. Infiltration allowance for the sewerage system shall be a maximum of 200 gallons per day per mile of sewer per inch of pipe diameter, as determined by a standard infiltration test if required by the Town official or Board with responsibility for sewer regulation. In the case of an exfiltration test, the maximum allowable value shall be 295 gallons per day per mile of sewer per inch of pipe diameter.
8. Pipe sizes and location shall be designed in accordance with standard engineering practice such as the American Society of Civil Engineers Manual of Practice No. 37 as approved by the Planning Board and the Town official or Board with responsibility for sewer regulation.  Minimum pipe size allowable shall be 8 inches for lateral and 4 inches for a service.
9.  The minimum allowable slopes for sanitary sewers shall be as follows:

(feet per foot)

10. When sewers are increased in size, or when a smaller sewer joins a larger one, the invert of the larger sewer should be lowered sufficiently to maintain the same energy gradient.  An approximate method for securing these results is to place the 0.8 depth point of both sewers at the same elevations.

11. Sewers must be laid with uniform slope and alignment between manholes.

12.In the case of sewers where the slope and volume are such that velocities of 15 feet per second are realized at average flow, special provisions shall be made to protect against erosion and shock.

13. A drop pipe should be provided for a sewer entering a manhole at an elevation above the manhole invert.  (See Detail Plate 1A)

14. Inverted siphons should have not less than two barrels with a minimum pipe size not less than 8 inches and should be provided with necessary appurtenances for convenient flushing and maintenance; the manholes should have adequate clearances for rodding; and sufficient head should be provided and pipe sizes selected to secure velocities of at least 3.0 feet per second for average flows.  The inlet and outlet details must be arranged so that the normal flow is diverted to one barrel and so that either barrel may be cut out of service for cleaning.

Underground Utilities
All utilities within a subdivision shall be placed underground.  Adequate provisions for street lighting shall be made where underground electrical service is provided.

E.  Stormwater Management

Storm drains, culverts, and related installations, both surface and sub-surface, shall be designed to provide for safe unimpeded flow of natural water courses, drainage of low areas along streets and to intercept water runoff along streets at intervals reasonably related to the extent, surface type and grade of the area drained.  Proper connection shall be provided to the existing drainage system and drains shall be extended to adjacent lands so as to provide for their future continuation.  Drainage depending on flow over streets or land outside the subdivision shall not be approved unless appropriate easements are first obtained.

The minimum drain pipe size shall be 12" and the design velocity of flow shall be no lower than 2.5 feet per second.  Maximum design velocity of flow shall be 15 feet per second.  Catch basins shall be located at both sides of roadway not more than 250 feet apart as necessary for proper interception of water runoff.  Catch basins shall not be located within 10 feet of a driveway opening.  Culverts shall be designed to accommodate a 100-year frequency storm; underground storm drains, catch basins and related installations shall be designed to accommodate a 25-year frequency storm.  The 100-year storm shall also be assessed for its impacts on the proposed subdivision and adjacent properties and downstream properties. 

All proposed stormwater management systems must provide for maintaining existing storm flow rates from the site under the developed condition.  Stormwater detention should be designed to hold the 100-year storm, with the rate of run-off matched for the 2, 10, 50 and 100-year storm event within 10%.  In addition, no direct discharges of stormwater to wetland resource areas or waterways will be permitted without treatment prior to discharge. Stormwater systems should be designed to reduce suspended solids by a minimum of 80% to prevent pollution from reaching offsite areas and degrading water quality.  To achieve these reductions in pollutant loads the

The Stormwater Best Management Practices (BMP) adopted by the Department of Environmental Protection (DEP), including those cited in the DEP Stormwater Management Policy Guidance (1996) shall be followed.  Other sources of BMP and techniques are detailed in the USEPA Guidance for Construction Site Stormwater Management (1992) and the Massachusetts Nonpoint Source Management Manual (1993).

Adequate drainage shall be designed to accommodate the surface and subsurface water of roadway and adjoining land.  Street drainage designs shall be of the type known as a “manhole system.”  The manhole system is one in which the water collected in the catch basins empty into an intermediate manhole in a main drain laid in the street.

The main drain shall also have additional manholes installed at points where changes in direction or grade make such manholes necessary to ensure an uninterrupted flow of water to its final outlet.  If the Applicant believes that a variation or modification of the required drainage system is advisable, then the applicant shall present such varied or modified design to the Planning Board for review and approval.  The design shall include the size, quality, and type of pipe; inlets, manholes, stormwater treatment and detention areas; and the percent of grade.  All necessary drains for roadway or subsurface water, which are not otherwise taken care of, shall be drawn in a manner approved by the Planning Board.  The applicable design criterion shall be a “0” percent increase in the peak rate of runoff for the 50-year storm; stormwater shall be detained on site to provide a no net increase in the rate of runoff in the post-development condition.

The Applicant may propose an open or “country drainage” system that allows direct runoff from road and driveway surfaces to adjacent natural land areas, shallow drainage swales.  Such a system may be designed in combination with culverts as might be required to transport under or through impervious surfaces. A country drainage system will only be considered on residential street segments with less than 5% slope and generally permeable soils and will be allowed at the discretion of the Planning Board.  The Applicant must submit drainage and hydrologic calculations to demonstrate the system can adequately handle a minimum of a 10-year storm without unacceptable flooding conditions.  The 100-year storm shall also be assessed for its impacts on the proposed subdivision and adjacent properties and downstream properties.   

F.   Protection of Local Water Supply

Road salting within the Watershed Protection District shall be conducted in accordance with the standards and limitations observed by the Department of Public Works for public ways.

G.   Easements

1. Easements for utilities across lots or along rear or side lot lines shall be provided where necessary and shall be at least 20 feet wide and accessible by maintenance vehicles.  Structures shall not be constructed within utility easements.

2. Where a subdivision is traversed by a water course, drainage way, channel or stream, the Planning Board shall require the Applicant to provide a stormwater easement or drainage right-of-way of adequate width to conform substantially to the lines of such water course, drainage way, channel or stream, and to provide for construction or other necessary purposes.  .

3. In order to secure adequate provision for water, sewerage, drainage, and other requirements where necessary in the subdivision, all watercourses, drainage ways, channels, and streams shall be unobstructed and free from debris.

4. Easements for drainage across lots, usually along rear or side lot lines, shall be provided where necessary, and shall be at least 20 feet wide.  Such easements shall be of adequate width to provide for the construction of such drainage and for the proper maintenance thereof.

5. All lines of all easements will be calculated and described on the subdivision plan with a bearing and a distance.

6. If on the Preliminary or Definitive Plan an area is left for possible future construction of a road to back or adjacent land, a 10foot wide slope easement shall be shown on all lots abutting such road area to enable proper slope construction if and when the road is built.  The slope easements shall accompany the easement for future roadway and utility construction of the road area.

7. Temporary construction easements shall be shown on all lots adjacent to the proposed roadways to allow for construction of backslopes from the road onto the lots.  The easements shall extend a minimum of 10 feet into each lot, or a greater distance if required by the proposed construction.  The easements shall terminate upon acceptance of the street by the town.

H.  Open Spaces

Before approval of a Preliminary or Definitive Plan, the Planning Board shall, in proper cases, require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air.  The park or parks shall not be unreasonable in area in relation to the area of the property proposed to be subdivided and to the prospective uses of such property.

Such parks shall be provided with appropriate frontage on a street and pedestrian ways from each of the surrounding streets.  The Planning Board may, in accordance with MGL c. 41 section 81-U and by appropriate endorsement on the plan, require that no building be erected within the boundaries of such park or parks for up to 3 years without its approval.

I.   Protection of Natural Features

1. Due regard shall be shown for all natural features, such as, archaeological sites, water courses, historic sites, scenic points, and similar community assets, which, if preserved, will add attractiveness and value to the subdivision.

2. Every subdivision shall comply with the requirements of the Wetlands Protection Act, M.G.L. c.131, §40, and regulations issued thereunder.  If design changes are required as the result of an action or decision of the Conservation Commission pursuant to such provisions, the Applicant shall promptly notify the Planning Board, which in its discretion may allow the modification as a minor change without further public notice or action of the Board. The applicant shallforward to The Planning Board a copy of any order of conditions within 30 days of issuance

J.  Earth Removal

In keeping with the intent of the Town of Rutland to maintain is rural character, development shall be designed to work with the natural landscape and minimize extensive earth removal and mass grading.  All earth removal shall be in accordance with the Town of Rutland Earth Removal bylaw.  Earth removal and mass grading for roadways shall not be allowed on slopes exceeding grades of 20%; rather subdivisions should be designed to preserve these natural features by avoiding development on steep slopes.

Where earth material will be moved, including cuts, fills, and mass grading in association with the construction of subdivision lots, streets and drainage, a phasing plan shall be required that permits no greater than ten (10) acres of disturbed soils during any one phase.  The developer shall provide the following information:

1. A plan illustrating the locations of the earth removal and the amount of earth to be removed quantified in cubic yards of material;

2. A written statement and/or plan indicating that there are no less intrusive options that would require less earth removal and/or mass grading;

3. Proposed disposition of such earth, including whether the earth material will be used on site or removed from the site;

4. A proposed phasing plan, where applicable.

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