As used in this chapter, the following terms shall have the meanings indicated:
American Association of State Highway and Transportation Officials. Referring to policies concerning geometric design of highways and streets, highway materials, and methods of sampling and testing adopted by the American Association of State Highway and Transportation Officials.
The owner of land located within 300 feet of any bound of the subdivision including land on the opposite side of a street.
A way or means of approach to provide vehicular or pedestrian entrance or exit to a property.
Any driveway, street, curb cut, turnout or other means of providing for the movement of vehicles to or from the public/private roadway network.
Manual of concrete practice published by the American Concrete Institute.
A duly authorized designee of the Planning Board.
The normal maintenance or improvement of land in agricultural or aquaculture use as defined by the Massachusetts Wetlands Protection Act and its implementing regulations.[1]
An owner, his agent or representative or assigns, who has an application before the Planning Board. The owner in equity, an agent, representative, or his assigns may act for an owner, provided written evidence of such fact is submitted.
Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.
The Water Resource Protection District is the designated Aquifer Protection District in the Town of Marshfield as shown on the Zoning Map and development within, which is governed by the provisions of § 305-13.03 of the Marshfield Zoning Bylaw.
A permanent or temporary dead-end street or series of dead-end streets intersecting with each other in such a way as to provide sole access to and from an existing street for not more than eight dwellings total. This category is meant to include but not be limited to cul-de-sac, loop, hammerhead turnaround, and other dead-end street types.
Construction or engineering plans prepared by an engineer after the completion of construction in such a manner as to accurately identify and depict the location of all on-site improvements, including but not limited to all structures, parking facilities, components of the stormwater management system, monuments, curbs, gutters, and sidewalks.
Standard specifications published by the American Society for Testing and Materials.
The total traffic volume during a given time period (in whole days greater than one day and less than one year) divided by the number of days in that period.
Industry standards and mitigation measures utilized by the project engineer to create a drainage system designed with maximum measures for flood control and enhanced water quality discharge from a site.
A way designed to be used principally or exclusively by a bicycle or similar nonmotorized vehicle.
The Planning Board of the Town of Marshfield.
The Marshfield Conservation Commission.
Review done when specific conditions arise from the land or the nature of the proposal that necessitate the assistance of a planning, engineering, traffic, soils, hydrologic or other consultant to assist the Planning Board in analyzing a project and ensuring compliance with all relevant laws, ordinances, bylaws and regulations. The fee refers to the reasonable cost of these consultants to be borne by the applicants.
A service drive providing vehicular and pedestrian access between two or more contiguous sites so the driver need not enter the public street system.
See definition of "area of single access" above.
The plan of a subdivision as submitted (with appropriate application) to the Board for approval, to be recorded in the Registry of Deeds or filed with the Recorder of the Land Court when approved by the Board, and such plan when approved and recorded or filed. The requirements and content of the definitive plan shall be as specified hereinafter.
The Standard Specifications for Highways and Bridges of the Massachusetts Highway Department, dated 1973, including all revisions thereto.
The Construction Standards of 1977 of the Massachusetts Highway Department, as most recently amended.
A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
An opening in a restrictive median which provides for the specific movements and physically restricts other movements.
A man-made area surrounded by an embankment to temporarily hold stormwater over a storm event, to allow settling of solids and prevent downstream flooding.
Proposed systems for collection, storage and discharge of stormwater.
An individual lot with a minimum 20 feet of frontage, containing drainage basin and related structures.
A right acquired by public authority or other person to use or control property for a utility or other designated public purpose.
A secondary means of ingress to/egress from a development, residential, commercial or industrial, which provides year-round, twenty-four-hour-per-day access open to all residents, visitors, employees, patrons, and services of the development, and which provides standard construction quality as to materials, depths and thicknesses prescribed in Article IV of these regulations.
A registered professional civil engineer in the Commonwealth of Massachusetts experienced in the phases of civil engineering related to subdivision planning and design.
Areas subject to flooding under a one-hundred-year storm event as shown on the Federal Insurance Rate Maps (FIRM) as most recently amended.
A unit of measuring the amount of illumination equal to one lumen per square foot on a surface.
The amount of illumination equal to one lumen per square foot on a horizontal surface.
The amount of illumination (measured by footcandles) given off by a luminary at the time of installation.
For the purpose of these regulations, physical access, or the demonstrated feasibility of safe physical access, to a property from a street designed for such purposes, i.e., collector and minor residential streets, excluding wetlands, ledge, and areas of slope in excess of 10%.
The General Laws of the commonwealth with all additions thereto and amendments thereof. 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 codification.
Geographic Information Systems Mapping.
The regulations and standards promulgated under the Federal Americans with Disabilities Act and the Massachusetts Architectural Access Board.[2]
A stormwater hot spot is an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Infiltration basins should never receive runoff from stormwater hot spots, unless the stormwater has already been fully treated by another stormwater treatment practice. This is due to potential groundwater contamination.
Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
The flow of water from the ground surface down into the soil.
Any structure or device designed to infiltrate retained water to the ground. These facilities may be above grade or below grade.
Any activity that changes the volume or peak flow discharge rate of rainfall runoff from the land surface, including grading, digging, cuffing, scraping, excavating of soil, placement of fill materials, paving construction, substantial removal of vegetation, and any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
A person who is a registered land surveyor in the Commonwealth of Massachusetts.
The full strip of land designated as a way or street as distinguished from the roadway. A way.
An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings.
A land development design approach to managing stormwater runoff. Low-impact development (LID) emphasizes conservation and use of on-site natural features to protect water quality. This approach implements engineered small-scale hydrologic controls to replicate the pre-development hydrologic regime of watersheds through infiltrating, filtering, and storing.
The most recent edition promulgated by MassDEP of the Massachusetts Storm-water Handbook.
The Massachusetts Department of Environmental Protection or its successor.
Massachusetts General Laws Chapter 41 (§§ 81K to 81GG) and any acts in amendment thereof, also commonly known as the "Subdivision Control Law."
Massachusetts Highway Division (District No. 5) of the Massachusetts Department of Transportation (MassDOT).
Any change to the Planning Board's approval that shall require review, as either a minor or major modification, and which may be subject to a public hearing.
Public utilities furnished by the Town of Marshfield such as water, sewerage, gas and electricity.
Sewers, pump stations, surface water drainage systems, water pipes, gas pipes, streets, sidewalks, electric lines, telephone lines, fire alarm facilities, and their respective appurtenances.
The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure, that together comprise the storm drainage system owned or operated by the Town of Marshfield.
The Manual on Uniform Traffic Control Devices, Millennium Edition. An AASHTO guide on the safe design of roadways.
The original plans prepared on a thin polyester film material capable of reproduction and acceptable for recording at the Registry of Deeds.
North America Vertical Datum of 1988.
National Geodetic Vertical Datum of 1929.
Pollution from any source other than any discernible, confined, and discrete conduit or waterway, and shall include, but not be limited to, pollutants from agricultural, mining, construction, subsurface disposal and urban runoff sources.
As applied to real estate, the person (as hereinafter defined) holding the ultimate fee simple title to a parcel, tract or lot of land, as shown by the record in the appropriate land registration office, registry of deeds, or registry of probate.
An individual or two or more individuals, or a group or association of individuals, a trust, a partnership, or a corporation having common or undivided interests in a tract of land.
A Massachusetts registered professional civil engineer so designated by the Board to act as its agent in that capacity.
A plan of a proposed subdivision or a resubdivision of land prepared in accordance with Article III under procedure, to facilitate proper preparation of a definitive plan.
A contact print, dark line on white background.
Individuals licensed and registered in the Commonwealth of Massachusetts as professional engineers or land surveyors who are experienced with subdivision planning and design. For the purposes of these rules and regulations, the licensees must hold current and unexpired licenses. The Planning Board reserves the right to verify the status of any licensee's license in order to promote health, safety and welfare of the public.
Roadside Design Guide, latest edition. An AASHTO guide on the safe design of roadways.
The replenishment of water to aquifers.
Recorded in the Plymouth County Registry of Deeds, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court.
Any construction, alteration, or improvement exceeding one acre in area where existing land use is high-density commercial, industrial, institutional or multifamily residential.
Registered or certified mail.
The Registry of Deeds of the County of Plymouth, including when appropriate the Plymouth County Registry District of Land Court.
An action of the Planning Board, through a public hearing process, to make null and void a prior approval or action of the Planning Board.
Any area protected under the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act, or Marshfield Conservation Commission regulations.
A man-made basin, depression, dike, and/or related structure for the purpose of detaining or impounding stormwater on a site, but which has no free-flowing outlet, e.g., a pipe or weir, to allow stormwater from small storm events to be discharged to a natural watercourse or wetland. Leaching pits, or similar ground discharge structures, shall not constitute an outlet in the meaning of this definition.
That portion of a way, which is designed and prepared for vehicular travel. The "traveled way".
A plan showing the control of soil erosion and sedimentation on or from a development site and is required to be submitted as part of these rules and regulations.
An account established in accordance with MGL c. 44, § 53G, which allows the Planning Board to engage consultants to review plans regulated by these regulations.
A standard for the digital submission of plans to municipalities issued by the Executive Office of Energy and Environmental Affairs (EOEA) Office of Geographic and Environmental Information (MassGIS), detailed in a document titled "Standard for Digital Plan Submittals to Municipalities, Version 2.0" dated October 2007.
Massachusetts Highway Department Standard Specifications for Highways and Bridges, latest edition.
The first land disturbing activity associated with a development, including but not limited to land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
A natural storm event and/or computer model of such an event that depicts storm or rainfall behavior.
A term used to describe water that originates during precipitation events. It may also be used to apply to water that originates with snowmelt or runoff water from overwatering that enters the stormwater system. Stormwater that does not soak into the ground becomes surface runoff, which either flows into surface waterways or is channeled into stormwater management systems such as storm drains.
A plan showing the management of stormwater on or from a development site and is required to be submitted as part of these rules and regulations.
The most recent edition promulgated by the Massachusetts Department of Environmental Protection, or its successor, of the Stormwater Management Standards. An overview of the standards may be found in Chapter 1 of the Massachusetts Stormwater Management Handbook, available online at: www.mass.gov/dep/water/laws/policies.htm#storm.
The applicant's proposed plan for regular inspection and cleaning of proposed drainage structures and/or systems to ensure BMPs in accord with federal, state and local regulations.
Water resulting from precipitation that flows overland.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
As defined in MGL c. 131, § 40, the Wetlands Protection Act.
EXPRESSWAY (FREEWAY)A divided, limited access highway used exclusively for inter-local and interstate travel, and providing grade-separated intersections. Example: Route 3.
ARTERIAL (PRIMARY OR MAJOR) STREETA street which, in the opinion of the Board, is being used or will be used as a thoroughfare between different portions of the Town. Arterials interconnect the principal traffic generators within the Town as well as important rural routes. Residential development should be served from a side street, and a detailed traffic analysis should be made to determine how best to serve the commercial property, whether from service roads, special entrances, or side streets. Examples: Route 139 (Plain Street, Careswell Street and Ocean Street); Route 3A (Main and Moraine Streets), Union, Furnace, and Acorn Street.
SECONDARY (MAJOR COLLECTOR) STREETA street intercepting several minor collector streets or which will be the principal access to a business or industrial subdivision and which, in the opinion of the Board, may carry traffic from such collector streets to a major street or community facility. Examples: Pine, Oak, Ferry, Summer, Elm, So. River, Church, Clay Pit, School, Prospect, Forest, Highland, Spring, Old Ocean, Mt. Skirgo, Winslow, Parsonage, Webster, Canal, and Enterprise Drive.
TYPE "A"Serving five or fewer houses; typically a dead-end street, with no chance of being extended into adjoining undeveloped land; R-1 and R-2 Zoning Districts; one sidewalk required.
TYPE "B"Serving eight or fewer houses; typically a dead-end street; R-3 Zoning District; one sidewalk required.
TYPE "C"Serving fewer than 25 houses; two sidewalks required; all zoning districts.
TYPE "D"Serving 25 or more houses; includes the principal access street for circulation within a large residential subdivision, or one which is planned to be extended to serve adjoining undeveloped land; two sidewalks required; all zoning districts.
An official petition before the Planning Board that requests the Planning Board for an opinion, as provided for in the Marshfield Zoning Bylaw, Article II, Definitions, "street," that provides a determination with respect to the adequacy of an existing road (roadway surface in existence prior to January 1, 2010) having 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 buildings erected or to be erected thereon.
An official application and construction plan submitted to the Planning Board that specifies the proposed design and construction requirements for construction of:
In cases where a preexisting grandfathered lot as provided for in MGL c. 40A, § 6, fronts on an unconstructed paper street (not covered under the definition of "subdivision" below) an applicant may file with the Planning Board a street improvement plan under the same process (including a public hearing) as a definitive subdivision as provided for in § 405-7, Street determination/street improvement plan, in the Marshfield Subdivision Rules and Regulations.
The portion of land proposed within a subdivision designated as the way or street beyond the visible paved traveled roadway. Layout shall include all sidewalks, grass strips and reserved areas as shown on the approved definitive plan.
The division of a tract of land into two or more lots, and shall include resubdivision, and shall relate to the process of subdivision or the land or territory subdivided. The division of a tract of land into two or more lots shall not constitute a subdivision if, at the time it was made, every lot within said tract had frontage, in compliance with the Zoning Bylaw, on:
A public way as laid out by the Select Board or a way which the Town Clerk certifies is maintained and used as a public way;
[Amended 10-18-2021 STM by Art. 32]
A way shown on a plan previously approved and endorsed under subdivision control; or
A way in existence on January 23, 1956, having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular and pedestrian traffic and municipal services in relation to the proposed use of the land abutting thereon or served. Conveyance 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 required frontage, or the division of a tract of land on which two or more buildings were standing on January 23, 1956, into separate lots, on each of which one such building remains standing, shall not constitute a subdivision.
The power of regulating the subdivision of land granted by the Subdivision Control Law.
Sections 81K through 81GG, inclusive, of MGL c. 41 as now in force, and any acts in amendment thereof, or successor standard/document. This document can be found athttp://www.mass.gov/mgis.
An inspector engaged by the Planning Board for on-site inspection and recommendations during construction of the subdivision to be paid by the developer for services rendered.
A form of performance that is posted by the developer/applicant prior to the start of work to guarantee completion of approved work and, if defaulted by the developer/applicant, shall be used by the Town to complete said work. The Planning Board's consulting engineer recommends all surety amounts as requested by the Planning Board.
Any person who is registered by the Commonwealth of Massachusetts to perform land surveying services.
A man-made depression usually narrow and shallow in width, elongated, to provide for the movement of stormwater to a point of discharge.
That portion of a way which is designed and prepared for vehicular travel. The roadway.
A plan to accompany definitive subdivision plans which shall be designed to protect large or significant trees, promote public safety, and enhance the privacy of the residents and neighbors of the subdivision.
A way shall be said to provide vital access to a lot if safe, practical access can be gained from the way to the buildable portions of the lot, as contemplated by MGL c. 41, § 81M. An unconstructed street or paper street shall not be said to provide vital access to a lot for the purposes of obtaining approval not required (ANR) endorsement.
A way designed for use by pedestrians, not necessarily parallel to a street.
Any body of water, including but not limited to lakes, ponds, rivers and streams.
A channel, either natural or man-made, that directs surface runoff to a watercourse or to the public storm drain.
The full strip of land designated as a way or street as distinguished from the roadway. The layout.
Marshfield Wetlands Protection Bylaw, Chapter 294, as amended.
Marshfield Zoning Bylaw, as amended; Marshfield Zoning Map, as amended.[3]