APPLICANT — A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person who applies under § 350-4. "Applicant" shall include an owner or his agent or representative or his assigns.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Added 2-28-1980]
"Certified by" (or endorsed by) the Community Planning Commission, as applied to a plan or other instrument required or authorized by the Subdivision Control Law to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Community Planning Commission, or by its Chairman or Clerk or any other person authorized by it to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and recorder of the Land Court signed by a majority of the Commission (Section 81-L of Chapter 41 of the General Laws).
[Amended 9-5-2000]
"Community Planning Commission" shall mean a planning board
established under Section 81-A.
Town employee or consultant authorized by the Community Planning
Commission to review subdivisions and administer regulations.
A person (as hereinafter defined) who develops a subdivision under a plan of a subdivision approved under Article III of these rules and regulations.
The General Laws of Massachusetts. 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
codifications.
An area of land in one ownership, with definite boundaries
and used, or available for use, as the site of one or more buildings.
The horizontal distance measured along the front lot line
between the points of intersection of the side lot lines with the
front lot line. Frontage for purposes of these rules and regulations
shall be only continuous frontage.
The property line dividing a lot from a street right-of-way.
The lot line opposite from a front lot line and which does
not intersect a front lot line.
Any lot line not a front or rear lot line.
Sewers, water drains, water pipes, gas pipes, electrical
lines, telephone lines, communication lines and their respective appurtenances.
As applied to real estate, the person holding the fee simple
title to a parcel, tract, or lot of land.
An individual, or two or more individuals or a group or association
of individuals, a trust, a partnership or corporation, having common
or undivided interests in a tract of land.
The plan of a subdivision as submitted (with appropriate
application) to the Commission for approval, to be recorded in the
Registry of Deeds or filed with the Land Court when approved by the
Commission and such plan when approved and recorded; all as distinguished
from a preliminary plan.
A plan of a proposed subdivision or resubdivision of land prepared in accord with Article III to facilitate proper preparation of a definitive plan.
"Recorded" shall mean recorded in the Registry of Deeds of Middlesex County in which the land in question is situated, except that, as affecting registered land, it shall mean filed with the recorder of the Land Court (Section 81-L of Chapter 41 of the General Laws).
A person who is certified by the Massachusetts Board of Registration
as a registered land surveyor. All plans bearing the stamp of a registered
land surveyor shall have been prepared by him or in his office under
his immediate and responsible supervision. All plans, specifications,
plats and reports stamped with the seal of either a registered professional
engineer or a registered land surveyor shall be signed by the registrant
named thereon.
[Added 7-16-1984]
A civil engineer whose discipline is normally and customarily
associated with subdivision development and who is certified by the
Massachusetts Board of Registration as a registered professional engineer.
All plans bearing the stamp of a registered professional engineer
shall have been prepared by him or in his office under his immediate
and responsible supervision.
[Added 7-16-1984]
"Registry of Deeds" shall mean the Registry of Deeds of Middlesex County in which the land in question is situated, and, when appropriate, shall include the Land Court (Section 81-L of Chapter 41 of the General Laws).
That portion of a way which is designed and constructed for
vehicular travel.
A street which, in the opinion of the Commission, is being
used or will be used as thoroughfare within the Town of North Reading
or which will otherwise carry a heavy volume of traffic.
A street which, in the opinion of the Commission, is being
used or will be used primarily to provide access to abutting lots
and which will not be used for through traffic.
"Subdivision" shall mean the division of a tract
of land into two or more lots and shall include a resubdivision and,
when appropriate to the context, shall relate to the process of subdivision
or the land or territory subdivided; provided, however, that the division
of a tract of land into two or more lots shall not be deemed to constitute
a subdivision within the meaning of the Subdivision Control Law, if,
at the time when it is made, every lot within the tract so divided
has a frontage on (a) a public way, (b) a way shown on a plan theretofore
approved in accordance with the Subdivision Control Law, or (c) a
way in existence when the Subdivision Control Law became effective
in the town, having, in the opinion of the Community Planning Commission,
sufficient width, suitable grades and adequate construction to provide
for the needs of vehicular traffic in relation to the proposed use
of the land abutting thereon or served thereby, and for the installation
of municipal services to serve such land and the buildings erected
or to be erected thereon. Such frontage shall be of at least such
distance as is then required by Zoning[1] or other bylaw.
[Amended 3-31-1987]
Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect in the town into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision (Section 81-L of Chapter 41 of the General Laws).
[Amended 9-5-2000]
The power of regulating the subdivision of land granted by the Subdivision Control Law, Chapter 41, Sections 81-K through 81-GG inclusive, as hereinafter amended.
A plan shall be officially submitted to the Community Planning
Commission as of the date said plan and forms necessary under these
rules and regulations are duly filed with the Clerk or Secretary of
the Commission at a regularly scheduled business meeting of the Commission
and the fact of such submission is entered in the minutes of the meeting.
Such plan shall nevertheless be considered duly submitted even though
not entered in the minutes of the meeting if otherwise properly submitted
and such failure of entry into the minutes is due to the inadvertence
or unwarranted refusal of the Clerk or Secretary to make such entry.
Such plan and forms may also be submitted by registered mail to the
Community Planning Commission, care of the Town Clerk. If so mailed,
the date of mailing shall be the date of submission of the plan.
Town of North Reading, unless otherwise specified.
No person shall make a subdivision within the
meaning of the Subdivision Control Law of any land within the town
or proceed with the improvement for sale of lots in a subdivision,
or the construction of ways, or preparation therefor or the installation
of utilities and municipal services thereof, unless and until a definitive
plan of such subdivision has been submitted and approved by the Community
Planning Commission as hereinafter provided.
In those cases in which the land shown on the
plan is abutted by land of an owner not the owner of the land as shown,
the Commission may require a statement from the person who prepared
the plan as to the source or sources of the information about the
location of boundaries. A separate form for such statement will be
furnished by the Commission (Form D, Designer's Certificate).
Not more than one building designed or available
for use for dwelling purposes shall be erected or placed or converted
to use as such on any lots in a subdivision, or elsewhere in the town,
without the consent of the Community Planning Commission. Such consent
may be conditional upon the providing of adequate ways furnishing
access to each site for such building in the same manner as otherwise
required for lots within a subdivision.
A.
Every application for approval of a definitive subdivision
plan shall be accompanied by a nonrefundable fee payable to the Town
of North Reading in the amount of $500, regardless of size, plus $5.50
per lineal foot of roadway, including all cul-de-sacs, measured along
the center line of the road.
[Amended 2-28-1980; 11-19-1985; 8-8-1989]
B.
Every application for a preliminary plan shall be
accompanied by a nonrefundable fee payable to the Town of North Reading
in the amount of $250 plus $75 for each lot.
[Amended 2-28-1980; 11-19-1985]
C.
Every application for an "approval not required" plan
shall be accompanied by an application fee of $100.
[Amended 11-19-1985]
D.
All expenses for advertising, recording and filing
of documents shall be borne by the applicant.
E.
There shall be a fee of $1,000 for any requests for
bond extensions.
[Added 8-8-1989]
F.
There shall be a fee of $50 for each requested waiver
of these rules and regulations.
[Added 9-5-2000]
A vote from the clerk of the corporation shall
accompany submission of definitive subdivision plans certifying authorization
of individual(s) to act for the corporation.
A copy of the deed(s) of property shall accompany
submission of definitive subdivision plans.
[Added 9-3-1991]
A.
When reviewing an application for, or when conducting
inspections in relation to, a preliminary subdivision, a definitive
subdivision, or a special permit under the provisions of the North
Reading Zoning Bylaws,[1] the Community Planning Commission may determine that the
assistance of outside consultants is warranted due to the size, scale
or complexity of a proposed project, because of a project's potential
impacts, or because the town lacks the necessary expertise to perform
the work related to a preliminary subdivision, a definitive subdivision,
or a special permit under the provisions of the North Reading Zoning
Bylaws. The Community Planning Commission may require that applicants
pay a "project review fee" consisting of the reasonable costs incurred
by the Community Planning Commission for the employment of outside
consultants engaged by the Community Planning Commission to assist
in the review of a proposed project.
B.
In hiring outside consultants, the Community Planning
Commission may engage engineers, planners, lawyers, urban designers
or other appropriate professionals who can assist the Community Planning
Commission in analyzing a project to ensure compliance with all relevant
laws, ordinances/bylaws, and regulations. Such assistance may include,
but not be limited to, analyzing an application, monitoring or inspecting
a project or site for compliance with the Community Planning Commission's
decision or regulations, or inspecting a project during construction
or implementation.
C.
Prior to any expense being incurred, which would be
chargeable to the developer, the Community Planning Commission shall
provide the developer with an estimate of the expected costs. The
developer shall deposit, with the town, a cash amount equal to 1/3
the total estimated cost of review and inspection of the proposal.
D.
Funds received by the Community Planning Commission
pursuant to this section shall be deposited with the Municipal Treasurer
who shall establish a special account for this purpose. Expenditures
from this special account may be made at the discretion of the Community
Planning Commission without further appropriation. Expenditures from
this special account shall be made only for services rendered in connection
with a specific project or projects for which a project review fee
has been or will be collected from the applicant. Accrued interest
may also be spent for this purpose. These funds will be disbursed
by the Community Planning Commission to the reviewing/inspecting party
until expended. At that time the developer shall deposit a second
amount equal to 1/3 the total estimated cost upon being so directed
by the Community Planning Commission. These funds will be disbursed
as before until expended. The developer shall then deposit a third
amount equal to 1/3 the total estimated cost upon being directed by
the Community Planning Commission to do so. These funds will be disbursed
by the Community Planning Commission as before.
E.
Upon completion of all review and inspection services,
the Community Planning Commission shall examine all records to ensure
that all payments have been made. In the case of an estimate being
too low, the developer shall make a final deposit to the town in the
amount of the shortfall. In the case of an estimate being too high,
the Community Planning Commission shall refund to the developer any
unused funds. The failure of the developer to provide funds for all
outstanding costs shall be cause for denial of the proposal. A final
report of said account shall be made available to the applicant or
the applicant's successor in interest. For the purpose of this regulation,
any person or entity claiming to be an applicant's successor in interest
shall provide the Community Planning Commission with documentation
establishing such succession in interest.
F.
Any applicant may make an administrative appeal from
the selection of the outside consultant to the Board of Selectmen.
Such appeal must be made in writing and must be made within 20 days
after the Community Planning Commission has mailed or hand-delivered
notice to the applicant of the selection. The grounds for such an
appeal shall be limited to claims that the consultant selected has
a conflict of interest or does not possess the minimum, required qualifications.
The minimum qualifications shall consist either of an educational
degree in, or related to, the field at issue or three or more years
of practice in the field at issue or a related field. The required
time limit for action upon an application by the Community Planning
Commission shall be extended by the duration of the administrative
appeal. In the event that no decision is made by the Board of Selectmen
within 30 days following the filing of the appeal, the selection made
by the Community Planning Commission shall stand.
