A.
Authority.
As authorized by MGL c. 41, §§ 81K through 81GG, the
"Subdivision Control Law," and under the authority delegated to the
Town of Lexington by Article 89 of the Amendments to the Constitution
of the Commonwealth of Massachusetts, known as the "Home Rule Amendment,"
the Lexington Planning Board adopts these Rules and Regulations governing
the subdivision of land in Lexington.
B.
Title.
These Regulations are known and may be cited as the "Subdivision Rules
and Regulations" or as the "Subdivision Regulations" or, within this
document, as "these Regulations."
C.
Gender
Neutrality. These Regulations are gender neutral, any reference to
the masculine gender should be interpreted to include the female gender
and vice versa.
A.
Unapproved
Subdivision Prohibited. No person may make a subdivision, as defined
in the Subdivision Control Law, of any land within the Town of Lexington,
proceed with the improvement or sale of lots in an unapproved subdivision
or the construction of a street or the installation of municipal services
within them or undertake preliminary steps, such as the clearing of
land, excavation, site preparation or other preparatory steps, leading
to the construction of a street or the installation of municipal services
or facilities, for which requirements or standards are in these Regulations,
unless and until a definitive subdivision plan has been submitted
to, approved, and endorsed by the Planning Board and recorded in the
Registry of Deeds or the Land Court, and only then according to the
conditions of approval and the procedures set out in these Regulations.
B.
Complying
Plans Must Be Approved. In accordance with MGL c. 41, § 81M,
the Planning Board must approve any duly filed subdivision plan if
the plan conforms to the provisions of these Regulations and conforms
to the recommendation of the Board of Health.
C.
Issuance
of Building Permits The Building Commissioner may not issue any permit
for erection of a building until first satisfied (a) that the lot
on which the building is to be erected is not within a subdivision,
or (b) that a way furnishing the access to the lot within a subdivision
as required by the Subdivision Control Law is shown on a recorded
plan, constructed according to that plan, and that any conditions
endorsed thereon limiting the right to erect or maintain buildings
on such lot have been satisfied, and (c) that all other applicable
requirements have been met.
A.
Purpose.
The powers of the Town of Lexington and of the Planning Board under
the Home Rule Amendment of the Massachusetts Constitution are exercised
to promote the general welfare and convenience, protecting the health
and safety of the residents of Lexington and of adjoining communities
that may be impacted by the construction of a subdivision in Lexington
by:
(1)
Identifying and securing, for present and future residents, the beneficial
impacts of growth and development;
(2)
Identifying and avoiding the negative impacts of growth and development;
and
(3)
Ensuring that future growth and development are of a type and design
and are in a location served by adequate public services and facilities.
B.
Means.
These Regulations are intended to achieve those purposes by:
(1)
Providing adequate access to all of the lots in a subdivision by
streets and walkways that will be safe and convenient for travel;
(2)
Lessening congestion in such streets and in the adjacent public streets;
(3)
Reducing danger to life and limb;
(4)
Securing safety in the case of fire, flood, panic and other emergencies;
(5)
Ensuring compliance with the frontage and access provisions of the
Lexington Zoning Bylaw;
(6)
Securing adequate provision for water, sewerage, drainage, underground
utility service, fire, police, and other services where necessary
in a subdivision;
(7)
Coordinating the streets and walkways in a subdivision with each
other and with the streets and walkways in adjacent neighborhoods;
(8)
Facilitating a detailed review by Town officials and by the public
of proposed subdivisions to determine the adequacy of the facilities
proposed to be provided and their impact on public facilities and
services and on adjoining land; and
(9)
Establishing a sequence of review that progresses from the general
to the detailed to avoid unnecessary delay or expense to both the
Town and the applicant.
The Planning Board may create forms for the convenient administration
of these Regulations. These forms are not part of the Regulations.
Forms may be added or deleted, and the content of the forms may be
revised from time to time by administrative action of the Planning
Board.
A.
Consistency
with State Law. In the case of conflict between these Regulations
and state law, and for matters not covered by these Regulations, the
Subdivision Control Law, MGL c. 41, §§ 81K to 81GG,
inclusive, and amendments to them, apply.
B.
Separability.
The provisions of these Regulations are separable. If any provision
of these Regulations, or any decision or determination in the administration
of them, is adjudged by a court of competent jurisdiction to be unconstitutional,
invalid, or void, the court's decision does not affect any other provision
of these Regulations or the administration of them.
C.
Invalidation
by Changes to State Law. Any part of these Regulations that may later
be invalidated by a new state law, or by amendment of an existing
state law, must automatically conform to the new or amended state
law and will be deemed effective immediately, without recourse to
a public hearing and the required procedures for amendment and repeal
of these Regulations.
