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.
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.