As used in these regulations, the following terms shall have
the meanings indicated:
APPLICANT
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.
BASE FLOOD ELEVATION
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.
BENCHMARK
A mark made in a durable object of known position and elevation
as a reference point.
BIKEWAY
A way designed to be used principally or exclusively by a
bicycles or similar nonmotorized vehicles.
BOARD
The Planning Board of the Town of Sharon.
BRIDLE PATH
A way designed to be used principally or exclusively for
equestrian purposes.
CERTIFIED BY
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)
DECISION
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.
DESIGNER
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.
DETENTION/RETENTION BASIN
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.
DEVELOP
To construct a street, install utilities, erect a house or
other structure, or in any way to improve a lot substantially.
DEVELOPER
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.
EASEMENT
A partial interest in real property acquired by public authority
or other person to use or control property for a specified purpose.
ENGINEERING/GIS COMPATIBLE
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.
FEE SCHEDULE
The Sharon Planning Board Fee Schedule for Submissions under
the Rules and Regulations Governing the Subdivision of Land on file
with the Town Clerk.
LOT
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)
LOT AREA
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.
MASSDOT
The Massachusetts Department of Transportation, formerly
"Mass Highway" or the "Massachusetts Highway Department."
MONUMENT
A permanent marker to indicate a boundary.
MUNICIPAL SERVICES
Sanitary sewer, storm drain, stormwater management, and water
distribution systems in Town ownership or which may be conveyed to
the Town.
NOT A BUILDABLE LOT
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."
OWNER
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.
PERSON
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.
PLAN, DEFINITIVE
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.
PLANNING BOARD AGENT
A Town employee or consultant authorized by the Planning
Board to review subdivisions and administer and enforce its regulations.
PLAN, PRELIMINARY
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.
PRIMARY ACCESS ROUTE
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.
PRIVATE SERVICES
Sanitary sewer, storm drain, stormwater management, water
distribution, gas distribution, electrical, telephone, cable, and
fire alarm systems in private ownership.
RECORDED
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)
RULES AND REGULATIONS
The Rules and Regulations of the Sharon Planning Board Governing
the Subdivision of Land adopted pursuant to MGL c. 41, § 81Q.
SHARED PATHWAY
A facility accommodating both pedestrians and bicycles or
similar nonmotorized vehicles.
SIDEWALK
A way within the right-of-way of a street normally parallel
to the street, designed for use by pedestrians.
STANDARD SPECIFICATIONS
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.
STREET, COLLECTOR
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.
STREET, LANE
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.
STREET, MINOR
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.
SUBDIVISION
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 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)
SUBDIVISION CONTROL
The power of regulating the subdivision of land granted by
the Subdivision Control Law.
TRAVELED WAY
That portion of a way which is designed and constructed for
vehicular travel.
WALKWAY
A way designed for use by pedestrians, not necessarily parallel
to a street.
WAY
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.
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.
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.