For the purposes of these regulations, the following words and phrases
shall have the meanings given in the following clauses, unless a contrary
intention clearly appears.
AASHO
Latest revisions of Standard Specifications for Highway Materials
and Methods of Sampling Testing adopted by the American Association of State
Highway Officials.
ACI
Latest revisions of the Manuals of Concrete Practice published by
the American Concrete Institute.
APPLICANT
Includes an owner, agent, representative, or assign so entrusted
to propose and/or develop the proposed subdivision.
ASSHTO
Latest revisions of the Policy on Geometric Design of Highways and
Streets by the American Association of State Highways and Transportation Officials.
ASTM
Latest revisions of Standard Specifications published by the American
Society for Testing and Materials.
BOARD
The Planning Board of the Town of Barnstable.
DEFINITIVE PLAN
The plan of a subdivision as submitted (with appropriate application)
to the Board for approval, to be recorded in the Registry of Deeds or filed
with the Recorder of the Land Court when approved by the Board, and such plan
when approved and recorded or filed. The requirements and content of the definitive
plan shall be as specified hereinafter.
DEPARTMENT SPECIFICATIONS
"The Town of Barnstable, Department of Public Works, Construction
Specifications" and the "Standard Specifications for Highways and Bridges
of the Massachusetts Department of Public Works," as applicable, including
all revisions thereto. In the case of any conflict, the Town of Barnstable
Department of Public Works specifications shall govern.
ENGINEER
A professional civil engineer registered in the Commonwealth of Massachusetts.
FRONTAGE
The distance between the side boundaries of a lot, measured along
the exterior line of whatever way or street serves as legal and practical
access to the buildable portion of the lot.
GENERAL LAWS
The Commonwealth of Massachusetts General Laws, with all additions
and amendments. In case of a rearrangement of the General Laws, any citation
of particular sections of the General Laws shall be applicable to the corresponding
sections in the new codification.
LAND SURVEYOR
A land surveyor registered in the Commonwealth of Massachusetts.
LOT
An area of land delineated by lot boundary lines in one ownership
and not divided by a public or private way.
OWNER
As applied to real estate, the person (as hereinafter defined) holding
the ultimate fee simple title to a parcel, tract or lot of land, as shown
by the record in the appropriate Land Registration Office, Registry of Deeds
or Registry of Probate.
PERSON
An individual, or two or more individuals or a group or association
of individuals, a trust, a partnership or a corporation having common or undivided
interests in a tract of land.
PLANNING BOARD ENGINEER
A registered professional engineer so designated by the Board to
act as its agent in that capacity.
PRELIMINARY PLAN
A plan of a proposed subdivision or a resubdivision of land submitted
for discussion and consideration by the Board prior to the preparation of
a definitive plan. Requirements and contents shall be as specified hereinafter.
PRINT
A blue-line or black-line print.
ROADWAY
That portion of a way which is designed and prepared for vehicular
travel.
SCENIC ROADS
As designated by the Town of Barnstable pursuant to Chapter
40, § 15C, of Massachusetts General Laws.
STREET, MAJOR
A street which, in the opinion of the Board, is being used or will
be used as a thoroughfare between different portions of the Town, or which
will be the principal access to a business or industrial subdivision.
STREET, SECONDARY
A street intercepting several minor streets and which, in the opinion
of the Board, may carry traffic from such minor streets to a major street
or community facility, including the principal access streets or principal
circulation streets of residential subdivisions, and including all streets,
except those designated as major streets, of a business or industrial subdivision.
STREET, MINOR A
A street which, in the opinion of the Board, is being used or will
be used primarily to provide access to abutting residential lots, and which
is not intended for use by through traffic.
STREET, MINOR B
A residential street which, in the opinion of the Board, may not
be used for access to land as yet undeveloped, is less than 500 feet in length,
is access to four or fewer single-family lots and is not a portion of a piece
of land which has been subdivided into 10 or more lots within the preceding
10 years.
SUBDIVISION
The division or resubdivision of a tract of land into two or more
lots; or to the process of a subdivision; or to the land or territory subdivided.
The division of a tract of land into two or more lots shall not constitute
a subdivision if, at the time it is made, every lot within said tract has
frontage in compliance with the Zoning Ordinance, on:
A.
A public way which the Town Clerk certifies is maintained and used as
a public way;
B.
A way shown on a plan previously approved and endorsed under the Subdivision
Control Law which has been fully constructed in compliance with the Subdivision
Rules and Regulations in effect at that time; or
C.
A way in existence when the Subdivision Control Law became effective which meets the standards of adequate access established by §
801-12B of these rules and regulations.
SUBDIVISION CONTROL LAW
Sections 81K through 81GG, inclusive, of Chapter 41, Massachusetts
General Laws, as now in force, and any acts in amendment thereof.
UTILITIES
Sewers, surface water drains, water pipes, gas pipes, electric lines,
telephone lines, fire alarm lines, cablevision lines and their respective
appurtenances and other like services.
WAY
The full strip of land separate from adjoining lots, designated as
a way or street as distinguished from the roadway.
WETLANDS
Resource areas subject to regulation under MGL Ch. 131, § 40; 310 CMR 10.00; and to Chapter
237, Wetlands Protection, of the Code of the Town of Barnstable.
All work required by these rules and regulations shall be under the inspection of and with the approval of the respective Town departments and utility companies involved hereunder. Also see §
801-61 of these rules and regulations regarding inspections by the applicant's engineer.
If any section, paragraph, sentence, clause or provision of these regulations
shall be adjudged not valid, the adjudication shall apply only to the material
so adjudged and the remainder of these regulations shall be deemed valid and
effective.
These regulations or any portion thereof may be amended, supplemented
or repealed from time to time by the Board after a public hearing on its own
motion or by petition.