As used in these regulations, the following terms shall have
the meanings indicated:
A person (as hereinafter defined) who applies for the approval
of a plan of a subdivision or a person who applies under Article 3.0.
"Applicant" shall include an owner, or his agent or representative,
or his assigns.
The level of flooding having a one-percent chance of being
equaled or exceeded in any given year, as designated on the Federal
Emergency Management Agency's FIRM, "Flood Insurance Rate Map, Norfolk
County, Massachusetts (All Jurisdictions), Effective Date July 17,
2012," as amended, or, in the absence of such designation, to be determined
by the Planning Board based upon the best available information regarding
flood hazards, including any available United States Geologic Survey,
Natural Resources Conservation Service, and Corps of Engineers studies.
A mark made in a durable object of known position and elevation
as a reference point.
A way designed to be used principally or exclusively by a
bicycles or similar nonmotorized vehicles.
The Planning Board of the Town of Sharon.
A way designed to be used principally or exclusively for
equestrian purposes.
Certified by (or endorsed by) the Planning Board, 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 Planning Board,
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 Board. (MGL c. 41, § 81L)
The Town employee or consultant authorized by the Conservation
Commission to administer and enforce its regulations and provide technical
support.
A document setting forth the action of the Planning Board
and, with respect to a decision for a definitive subdivision plan
of land or special permit, a document to be recorded in the Registry
of Deeds or registered with the Land Court following approval by the
Planning Board.
A professional civil engineer and a land surveyor registered
to practice in Massachusetts or a person working under the direct
supervision of a registered professional engineer or surveyor.
A stormwater facility designed to detain and/or retain stormwater
runoff, which shall be defined to include the land lying within a
line located 25 feet beyond the contour of the design elevation of
the one-hundred-year-frequency storm event. The one-hundred-foot wetland
buffer zone and the one-hundred-twenty-five-foot leaching field setback
shall be measured from the contour of the design elevation of the
one-hundred-year-frequency storm event.
To construct a street, install utilities, erect a house or
other structure, or in any way to improve a lot substantially.
A person (as hereinafter defined) who develops a subdivision
under a plan of a subdivision approved pursuant to Article 3.0 of
these rules and regulations.
A partial interest in real property acquired by public authority
or other person to use or control property for a specified purpose.
Computer files that are compatible with current hardware
and software of the Sharon Department of Public Works, Engineering
and GIS Division computer system in compliance with the Sharon Planning
Board Technical Standards for Submissions under the Rules and Regulations
Governing the Subdivision of Land on file with the Town Clerk.
The Sharon Planning Board Fee Schedule for Submissions under
the Rules and Regulations Governing the Subdivision of Land on file
with the Town Clerk.
An area of land in one ownership with definite boundaries
used, or available for use, as the site of one or more buildings.
(MGL c. 41, § 81L)
The horizontal area of the lot, exclusive of any area in a street or recorded way open or proposed to be open to public use. For lots created subsequent to April 9, 1979, at least 90% of the lot area required for zoning compliance shall be land other than that under any body of water, including watercourses, or any bog, swamp, wet meadow, or marsh, as defined in MGL c. 141, § 40, and implementing regulations of the Massachusetts Department of Environmental Protection (310 CMR 10.00 et seq.). The limits of any vegetated wetlands, including all bogs, swamps, meadows and marshes, shall be established in the field by a professional wetlands ecologist or botanist conforming to the minimum requirements of § 340-3.3A(3) and shall be mapped through a field survey of the wetland ecologist's or botanist's markings. See also Subsection 2412 of the Zoning Bylaw.[1]
The General Laws of Massachusetts, Tercentennial Edition,
and as the same may be amended.
The Massachusetts Department of Transportation, formerly
"Mass Highway" or the "Massachusetts Highway Department."
A permanent marker to indicate a boundary.
Sanitary sewer, storm drain, stormwater management, and water
distribution systems in Town ownership or which may be conveyed to
the Town.
A parcel or contiguous parcels of land that do not comply
with zoning bylaws for building use or are deemed unbuildable by the
Planning Board for other reasons shall be labeled "Not a Buildable
Lot."
As applied to real estate, the person holding the fee-simple
title to a parcel, tract or lot of land, as shown by documents registered
with the Land Court or instruments recorded in the Registry of Deeds.
An individual, or two or more individuals or a group or association
of individuals, a partnership, trust or corporation having common
or undivided interests in a tract of land.
The plan of a subdivision as duly submitted with appropriate
application to the Board for approval, to be recorded in the Registry
of Deeds or registered with the Land Court when approved by the Board,
and such plan when approved and recorded; all as distinguished from
a preliminary plan.
A Town employee or consultant authorized by the Planning
Board to review subdivisions and administer and enforce its regulations.
A plan of a proposed subdivision or a resubdivision of land,
as defined in MGL c. 41, § 81L, to facilitate provision
of guidance with regard to proper preparation of a definitive plan.
A street or system of streets extending from the subdivision
entrance to the nearest intersection of two through streets, each
of which provides access to the general street system of the Town.
Sanitary sewer, storm drain, stormwater management, water
distribution, gas distribution, electrical, telephone, cable, and
fire alarm systems in private ownership.
See "municipal services."
Recorded in the Registry of Deeds of Norfolk County, except
that, as affecting registered land, it shall mean registered with
the Recorder of the Land Court. (MGL c. 41, § 81L)
The Rules and Regulations of the Sharon Planning Board Governing
the Subdivision of Land adopted pursuant to MGL c. 41, § 81Q.
A facility accommodating both pedestrians and bicycles or
similar nonmotorized vehicles.
A way within the right-of-way of a street normally parallel
to the street, designed for use by pedestrians.
MassDOT, Massachusetts Department of Transportation, Highway
Division, the 1988 Standard Specifications for Highways and Bridges,
the 1995 Standard Specifications for Highways and Bridges (Metric)
and the Supplemental Specifications dated June 15, 2012 (combined
English and Metric), the Interim Supplemental Specifications (English/Metric
Units) dated January 25, 2013, including any revisions or supplements
thereto.
Any slope in excess of 10%.
A street which carries traffic equivalent to that generated
by 50 dwelling units or more, or which serves property either used
or zoned for commerce or industry.
A street which carries traffic equivalent to that generated
by 12 or fewer dwelling units, which has no abutting property either
used or zoned for commerce or industry, and which is not capable of
extensions.
A street which carries traffic equivalent to that generated
by more than 12 dwelling units but fewer than 50 dwelling units, which
has no abutting property either used or zoned for commerce or industry,
and which is not capable of extension to serve more than 50 dwelling
units.
The division of a tract of land into two or more lots and
shall include 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 frontage
on (a) a public way, or a way which the Sharon Town Clerk certifies
is maintained and used as a public way, or (b) a way shown on a plan
theretofore approved and endorsed in accordance with the Subdivision
Control Law, or (c) a way in existence on February 14, 1954, when
the Subdivision Control Law went into effect in the Town of Sharon,
having, in the opinion of the Planning Board, 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 the Zoning Bylaw[2] for erection of a building on such lot, and if no distance
is so required, such frontage shall be at least 20 feet. Conveyances
or other instruments adding to, taking away from, or changing the
size and shape of lots in such 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 on February 14,
1954, when the Subdivision Control Law went into effect in the Town
of Sharon, into separate lots on each of which one of such buildings
remains standing, shall not constitute a subdivision. (MGL c. 41,
§ 81L)
The power of regulating the subdivision of land granted by
the Subdivision Control Law.
MGL c. 41, §§ 81K to 81GG, inclusive.
Town of Sharon.
That portion of a way which is designed and constructed for
vehicular travel.
A way designed for use by pedestrians, not necessarily parallel
to a street.
A way is synonymous with the term "road," "roadway," "street,"
"highway" and "avenue" and shall denote any such line or route for
passage, whether public or private. The width of a way shall be the
width of the strip of land laid out, designated, acquired and/or dedicated
for the use of such way. Such width includes the spaces for vehicular
travel, sidewalks, edge stone and planting spaces where required.
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 therein, unless and until a definitive plan
of such subdivision has been submitted and approved by the Board 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 Board
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.
See Form D, Engineer's Certificate.[1]
[1]
Editor's Note: The forms are included as an attachment to
this chapter.
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 lot in a subdivision, or elsewhere in the Town, without
the consent of the Board. 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 and/or Board of Health and Zoning Board of Appeals approvals.
A.Â
Required payments. Failure of an applicant to pay the base filing
fees, compliance determination fees, consulting fees, or additional
filing fees shall be sufficient to cause the Planning Board to deny
the pending application. Failure of an applicant to pay the construction
inspection fees shall be sufficient to cause the Planning Board to
issue a cease-and-desist order, revoke release of lots, or, after
notice and hearing, to rescind approval of the definitive subdivision
plan.
B.Â
Base filing fees. The base filing fees for non-subdivision approval
plans (Form A Plans[1]), preliminary subdivision plans, and definitive subdivision
plans are set forth in the Sharon Planning Board Fee Schedule for
Submissions Under the Rules and Regulations Governing the Subdivision
of Land, which is on file with the Town Clerk. The base filing fees
shall include the actual fees and expenses of professional consultants
engaged by the Board to review submissions as set forth above and
other expenses including, without limitation, recording fees and filing
fees for documents, and costs for sampling and/or testing required
by the Board. The base filing fee for a preliminary subdivision plan
shall be subtracted from the filing fee for a definitive subdivision
plan, provided that the definitive subdivision plan is filed within
seven months of the filing of the preliminary subdivision plan. The
base filing fee shall include review of the initial submission plus
the first review of a revised submission.
[1]
Editor's Note: The forms are included as an attachment to
this chapter.
C.Â
Compliance determination fees. Submissions shall be evaluated to
determine compliance with the content requirements of these rules
and regulations. Submissions which do not meet the content requirements
of these rules and regulations shall not be accepted and shall be
returned to the applicant without further review. A fee as set forth
in the Fee Schedule for Submissions Under the Rules and Regulations
Governing the Subdivision of Land shall be charged for each review
of a submission to determine compliance beyond the second review.
D.Â
Additional filing fees. For review of each additional submission
beyond the first review of a revised submission, an additional filing
fee equal shall be submitted as set forth in the Sharon Planning Board,
Fee Schedule for Submissions Under the Rules and Regulations Governing
the Subdivision of Land.
E.Â
Construction inspection fees. The construction inspection fees for approved definitive subdivision plans are set forth in the Sharon Planning Board, Fee Schedule for Submissions Under the Rules and Regulations Governing the Subdivision of Land and shall include the actual fees and expenses of professional consultants engaged by the Board to perform inspections of subdivision improvements. No lot shall be released as provided in § 340-3.3F(1) if there are any outstanding fees or taxes owed to the Town by the applicant.
All subdivision plans shall comply with the current requirements
of the General Bylaws and Zoning Bylaws of the Town of Sharon, the
Rules and Regulations of the Planning Board, Board of Selectmen, Board
of Health, and Conservation Commission, and the standards and requirements
of the Public Works, Fire, Highway and Water Departments.
A.Â
General. In reviewing an application for permit/approval, the Board
may determine that the assistance of outside professional consultants
is warranted due to the size, scale or complexity or environmental
impacts of a proposed project, the availability of Town staff, or
the nature of the services required. Professional consultants may
include engineers, planners, urban designers, landscape architects,
lawyers, and other professionals.
B.Â
Fees included. The fees and expenses of professional consultants are included in the fees as set forth in § 340-2.5, Fees.
C.Â
Account. Funds received by the Board pursuant to this section shall be deposited with the Town Treasurer, who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation. Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the applicant. Failure of an applicant to pay a review fee shall be addressed as set forth in § 340-2.5A, Required payments.
D.Â
Restrictions. Review fees may only be spent for services rendered
in connection with the specific project for which they were collected.
Accrued interest may also be spent for this purpose. At the completion
of the Board's review of a project, any excess amount in the account,
including interest, attributable to a specific project, shall be repaid
to the applicant or the applicant's successor in interest. A report
of said account shall be made available to the applicant or the applicant's
successor in interest upon request. For the purpose of this regulation,
any person or entity claiming to be an applicant's successor in interest
shall provide the Board with documentation establishing such succession
in interest.
E.Â
Appeal of selection. Any applicant may take an administrative appeal
from the selection of the outside consultant to the Board of Selectmen.
Such appeal must be taken within 10 business days of the decision
by the Board to so select, and it must be made by certified mail,
return receipt requested, addressed to the Board of Selectmen, with
a copy to the Planning Board. In the event such an appeal is taken,
the applicant shall, at the same time, execute and deliver to the
Planning Board an offer of extension to the application made under
the Subdivision Control Law for a period of not less than 30 days
and subsequent extensions shall be provided such that the time required
for action upon an application by the Board shall be extended by the
duration of the administrative appeal. In the event that no decision
is made by the Board of Selectmen within one month following the filing
of the appeal, the selection made by the Planning Board shall stand.
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 Board shall be extended by the duration of the administrative
appeal. In the event that a decision is not made by the Board of Selectmen
within one month following the filing of the appeal, the selection
made by the Board shall stand.
