For the purpose of these Rules and Regulations, the terms and words in the following list shall have the stated meaning. In addition, unless a contrary intention clearly appears, the other terms and words set forth in these Rules and Regulations and defined in the Massachusetts Subdivision Control Law shall have the meaning given therein.
APPLICANT
The person or person who shall be an owner or owners of equitable or legal interest of all the land included in the proposed subdivision. If the applicant is represented by an agent, written evidence shall be submitted with the application accompanying the subdivision plan that the agent has the authority to submit such application for each owner involved. If the applicant is a corporation, it shall submit with the application a list of its officers, and a duly authenticated certificate of vote authorizing said officers to file the application and plan, and to represent the corporation in all further proceedings incident thereto.
BOARD
The Planning Board of the Town of Charlton.
BOARD OF HEATH
The Board of Health of the Town of Charlton.
CONSERVATION COMMISSION
The Conservation Commission of the Town of Charlton.
FINAL APPROVAL
Approval by the Board of a definitive plan of a subdivision.
LOT
An area of land in one (1) ownership with definite boundaries ascertainable of record, and used, or set aside and available for use, as the site of one (1) or more buildings. The term "one (1) ownership" means an undivided ownership by one (1) person or by several persons whether the tenure be joint, in common, or by the entirety. No lot within the Town shall be divided so as to create an undersized lot under the terms of the Charlton Zoning Bylaw[1] and no property line shall be redrawn so as to create a lot not conforming with the Zoning Bylaw or with ordinances or bylaws adopted by the Town.
OWNER
As applied to real estate, the owner of record as shown by the records in the Worcester District Registry of Deeds, or Worcester Land Registry District.
PERSON
An individual, two (2) or more individuals, a group or association of persons having common or individual interest in a tract of land, a partnership, and a corporation.
PRELIMINARY PLAN
As defined in the MGL c. 41, § 81L, or any amendment thereof, addition thereto or substitution therefor. (See Appendix for plan requirement.)
PROJECT WORKS OR SYSTEM
This term, when used in reference to a particular utility, denotes a centralized utility system, designed to serve more than one (1) lot within a subdivision, but which is not connected with any existing public system; the term is used in contradistinction to an individual works or facility, designed to serve only the lot on which it is located.
ROADWAY
The portion of a street intended for vehicular use, i.e., the traveled way.
STREETS AND WAYS
A. 
MAJOR STREETA street which, in the opinion of the Board, is being used or will be used as a thoroughfare within the Town of Charlton or which otherwise carries or will carry a heavy volume of traffic.
B. 
MINOR STREETA street which, in the opinion of the Board, is being used or will be used primarily to provide access to abutting lots, and which is designed to discourage its use by through traffic.
C. 
COLLECTOR STREETA street intercepting one (1) or more minor streets, which, in the opinion of the Board, is used or will be used to carry a substantial volume of traffic from such minor street(s) to a major street or community facility, and normally including the principal entrance street of subdivision and any principal circulation streets within such subdivision.
D. 
CUL-DE-SACA minor road intersecting another road at one (1) end and terminated at the other by a permanent vehicular turnaround.
E. 
WAY, OTHERFor purposes of determining whether a proposed division of lots constitutes a subdivision under the terms of the Massachusetts Subdivision Control Law, a way in existence as of March 3, 1957, shall not be deemed adequate by the Board as to its width, grades, construction, and ability 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, unless in the opinion of the Board it meets all standards set forth in § 210-3.1E.
F. 
WAY, PUBLICAny road which appears on the Official Zoning Map adopted by the Town of Charlton on April 4, 1987, and has also been accepted as a public way:
(1) 
By public authority in the manner prescribed by MGL c. 82, §§ 1 through 32; or
(2) 
By dedication to its owner to public use, permanently and unequivocally, prior to 1846, coupled with an express or implied acceptance by the public; or
(3) 
By prescription.
SUBDIVIDER
The person undertaking the subdivision of land.
SUBDIVISION
As defined in the MGL c. 41, § 81L, or any amendment thereof, addition thereto or substitution therefor.
SUBDIVISION CONTROL LAW
MGL c. 41, §§ 81K to 81GG, inclusive, and acts in amendment thereof, in addition thereto or in substitution therefor.
[1]
Editor's Note: See Ch. 200, Zoning.
No person shall make a subdivision within the meaning of the Subdivision Control Law of any land in the Town of Charlton, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of public utilities therein, unless and until he/she has first submitted to the Board a definitive plan of such proposed subdivision, in accordance with the procedure set forth in Section 3 of these Rules and Regulations, and until the Board has approved such plan, or failed to take action thereon within the time period permitted the Board for such action under Section 81U of the Subdivision Control Law. Every subdivision shall be laid out in conformity with the design standards and regulations set forth in Section 4, and constructed by the subdivider in accordance with the regulations for required improvements set forth in Section 5.
No land shall be subdivided for residential use if, upon adequate investigation, the Board determines that it cannot be used for building purposes without danger to health or safety of the public.
A. 
All expenses for advertising, publication of notices, engineering review, inspection of construction, recording, registering and filing of documents and all other expenses in connection with a subdivision, including the fees and disbursements of counsel for the Board regarding the subdivision, shall be borne solely by the applicant. The initial charge in this respect shall be estimated by the Board, and paid forthwith in this initial amount by the applicant by cash or by a check drawn on good funds on a bank located in Massachusetts and made payable to the Town of Charlton. The check shall be delivered to the Board, which in turn will submit it to the Town Treasurer. Additional payments may be required of the applicant if review expenses exceed the initial amount estimated and received, and any additional unexpended sum will be returned to the applicant. All overdue/unpaid applicant expenses shall automatically accrue an overdue charge of fifty dollar ($50) per day.
B. 
In addition, the applicant shall submit to the Board, with its application for Board approval hereunder, the following filing fee, as applicable:
Subdivision Approval Not Required Plan
$100 plus $50 per lot (or unit) set forth on the plan
Preliminary Plan
$150 plus $30 per lot (or unit) set forth on the plan
Definitive Plan
$375 plus $100 per lot (or unit) set forth on the plan
Definitive Plan without Preliminary Plan Submission
$625 plus $200 per lot (or unit) set forth on the plan
Release and Inspection (as to all plans)
Per Planning Board engineering charge
C. 
Should any person appeal to the Superior Court any decision of the Board or of the Board of Health as to the plan, under MGL c. 41, § 81BB, or otherwise, and should the Board prevail as to the appeal, in whole or in part, the applicant shall reimburse the Board for all expenses incurred by it on account of the appeal, including its counsel fees and disbursements.
The Board may review access to the Town way if it is deemed a threat to the public safety, taking into review topography, sight lines, accident record in the area or proposed area, the traffic count, condition of adjoining public road, access to public emergency, safety, and school vehicles and drainage. In no case shall access to an allowed use in a particular zoning district be established through an adjacent zoning district when the particular use thus furnished access is prohibited in said adjacent zoning district.