Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that the subject plan does not require approval under the Subdivision Control Law, shall:
A. 
File with the Board at a regularly scheduled meeting an application in the form appended hereto marked Form A accompanied by the necessary evidence to show that the plan does not require approval;
B. 
File, by delivery or registered mail, postage prepaid, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application and plan. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor;
C. 
Submit an original drawing of the plan, in the form hereinafter set forth, and four contact prints thereof; and
D. 
Submit a filing fee in accordance with the Planning Board fee schedule.
The plan shall be legibly drawn in accordance with the rules and regulations of the Registry of Deeds or Land Court Manual of Instructions, as amended, and shall bear the original seal and signature of the Professional Land Surveyor preparing the plan. The plan shall contain the following information:
A. 
A title block, identifying the location of the land shown, the name and address of the owner(s) of record, date and scale of the plan, and the name and address of the firm or individual preparing the plan;
B. 
Identification of the plan by name of the owner(s) of record, the names of abutters, and location of the land in question. Location to be shown by means of an inset Locus, measuring a minimum of 2" by 2", using a scale of 2,000':1, or other reasonable scale;
C. 
The statement "Approval under the Subdivision Control Law Not Required" and sufficient space for the date and endorsement of the Board, together with a notation, below the signature block, that "The Planning Board's endorsement of the plan as not requiring approval under the Subdivision Control Law does not give lots or parcels any standing under the Zoning of the Town of Newbury nor any standing or determination under Title 5";
D. 
Zoning classification(s) and location of any Zoning District boundaries which may lie with the locus of the plan;
E. 
Sufficient data to determine location, width, direction and length of every roadway and street line, lot line and boundary line and to establish these lines on the ground, with length of frontage, areas of lots and lot numbers and street addresses. Information shall also include the status (private or public) and widths of pavement and right-of-way of all streets and ways shown on the plan;
F. 
Frontage and area of any remaining adjoining land owned by the Applicant;
G. 
The entire land area in which the division takes place, including all parcels affected by an increase or decrease in frontage, lot width, and area, which also includes the remaining land, if any, owned by the Applicant;
H. 
Reference to any prior decisions and/or conditions by the Zoning Board of Appeals, Board of Selectmen and/or Planning Board including, but not limited to, variances, special permits, or exceptions regarding the land or any structures thereon;
I. 
Location of all known existing structures, both above and below ground, including but not limited to, buildings, wells, septic systems, cisterns, and cesspools, systems on the lot(s) or parcels including all required setback dimensions;
J. 
References to all deeds and plans of record used to establish the property lines of the lot(s) or parcels and of the streets, ways and easements shown on the plan, including deed references to abutting lots;
K. 
A north arrow clearly marked and identified as to whether it is magnetic or true north or referenced to a record plan and so stated;
L. 
Evidence that each lot on the plan, or altered by it, meets one of the following criteria:
(1) 
Has all the frontage owned by the Applicant and not by way of an easement in part or in whole required under zoning on:
(a) 
A public way; or
(b) 
A way which the Town Clerk certifies is maintained and used as a public way; or
(c) 
A way shown on a plan previously approved and endorsed by the Planning Board in accordance with the subdivision control law; or
[Amended 6-2-2004]
(d) 
A way existing before December 14, 1966 which the Board finds adequate for the way's proposed use; or
(e) 
A way shown on a plan of a subdivision registered in the Land Court prior to December 14, 1966; or
(2) 
Is clearly marked on the plan to be joined to and made a part of an adjacent lot.
(3) 
Contains a building which existed prior to December 14, 1966; or
(4) 
Constitutes an existing parcel with no new lot divisions.
M. 
Representation of any geographic features on the ground that might restrict or prohibit access to a lot, or might affect its viability as a building lot, including, but not limited to, existing rights-of-way and easements, water courses, wetlands, streams, brooks, waterbodies, Areas of Critical Environmental Concern (ACEC), and grades over 15%; and
N. 
Location of vehicular access to the lot, which must be across the lot's required lot frontage.
In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine first whether the lot directly abuts a public or private way and second, whether the lot has direct, practical access from the abutting way.
In determining whether an existing way is adequate to qualify a plan as not constituting a subdivision, the Board may consider the following conditions, among others:
A. 
Is the right-of-way adequate (at least 40 feet wide) and of reasonable vertical and horizontal alignment;
B. 
Does the existing horizontal and vertical alignment of the roadway provide safe visibility;
C. 
Does the roadway have 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 (is the traveled way at least 18 feet in width, with at least 8 inches depth of gravel and with adequate provisions for drainage); and
D. 
If the road could ever serve four (4) or more dwellings and/or lots, is it surfaced with bituminous concrete or have provisions been made for such surfacing without cost to the Town?
If the Board finds that the plan does not require approval under the Subdivision Control Law, it shall forthwith, without a public hearing, endorse the plan under the words "Approval under the Subdivision Control Law Not Required." Such endorsement shall not be withheld unless such plan shows a subdivision requiring approval under the Subdivision Control Law. The Board may add to such endorsement a statement of the reason approval is not required. The plan will be returned to the Applicant and the Board shall notify the Town Clerk of its action. If the Board determines that the plan does require approval under the Subdivision Control Law, it shall within 21 (twenty-one) days of submission of said plan give written notice of its determination to the Applicant and return the plan. The Board shall also notify the Town Clerk in writing of its action. If the Board fails to act upon a plan submitted under this section within 21 (twenty-one) days after its submission, it shall be deemed to have found that approval under the Subdivision Control Law is not required. In such circumstance, the Town Clerk shall issue a written statement certifying that that due to the failure of the Planning Board to act on the plan within the requisite 21 (twenty-one) days, the Planning Board shall be deemed to have determined that approval under the Subdivision Control Law is not required.