A.Â
For the purpose of these regulations, certain numbers, abbreviations,
terms, and words shall be used, interpreted, and defined as set forth
in this article.
B.Â
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense and words used in the
plural include the singular.
As used in these regulations , the following terms shall have
the meanings indicated:
American Association of State Highway and Transportation
Officials.
Property owner of any property having a common boundary line
with the applicant's property, or any owner of any property located
adjacent to the applicant's property on a public way or stream, or
any property owner located within a distance of 300 feet of the property.
Facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision,
as determined by the Planning Board, based upon specific levels of
service.
The calculation of average daily traffic volumes in a time
period greater than one day and less than one year.
The owner of the land proposed to be subdivided or its representative
who shall have express written authority to act on behalf of the owner.
Consent shall be required from the legal owner of the premises.
A capital improvement which is designated in the capital
improvements program as serving new development and which is not a
site-related facility. "Area-related facility" may include land dedication
or construction of an oversized capital improvement, whether located
off-site, or within or on the perimeter of the development site.
A mark made in a durable object of known position and elevation
as a reference point.
State-of-the-art technology as applied to a specific problem.
BMPs are often required as part of land development projects. The
BMP presents physical, institutional, or strategic approaches to environmental
problems, particularly with respect to non-point source pollution
control.
A way designed to be used principally or exclusively by a
bicycle or similar unpowered vehicle.
The Planning Board of the Town of Groveland.
Any form of a surety bond in an amount and form satisfactory
to the Planning Board. All bonds shall be approved by the Planning
Board whenever a bond is required by these regulations.
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or movable property of any kind.
The person designated by the Town of Groveland to enforce
the Zoning Bylaws.
A public facility with a life expectancy of three or more
years, to be owned and operated by or on behalf of the local government.
A plan setting forth, by category of public facilities, those
capital improvements and that portion of their costs which are attributable
to serving new development within designated service areas for such
public facilities over a period of specified years (10 to 20). "Capital
improvements program" may refer either to the plan for a particular
service area or to the aggregation of capital improvements and the
associated costs programmed for all service areas for a particular
category of public facilities.
A community sewer system including collection and treatment
facilities established by the developer to serve a new subdivision
in an outlying area.
Whenever these regulations require that an agency or official
certify the existence of some fact or circumstance, the Town of Groveland
administrative rule may require that such certification be made in
any manner, oral or written, which provides reasonable assurance of
the accuracy of the certification.
Ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association, or ownership by different
corporations, firms, partnerships, entities, or unincorporated associations,
in which a stockholder, partner, or associate, or a member of his
family owns an interest in each corporation, firm, partnership, entity,
or unincorporated association.
Requirement that development applications demonstrate that
adequate public facilities be available at prescribed levels of service
concurrent with the impact or occupancy of development units.
Contiguous buildable area shall include land for a sanitary
absorption system (SAS), including reserve area, and shall not include
any wetlands or land with a slope in excess of 20%.
A local street with only one outlet that terminates in a
vehicular turnaround having an appropriate terminal for the safe and
convenient reversal of traffic movement.
The owner of land proposed to be subdivided or its representative
who is responsible for any undertaking that requires review and/or
approval under these regulations. See "subdivider."
Authorization by a property owner for another to use the
owner's property for a specified purpose.
A naturally vegetated area or vegetated area along the exterior
boundaries of an entire development processed in accordance with a
multi-phase or phased subdivision application which is landscaped
and maintained as open space in order to eliminate or minimize conflicts
between such development and adjacent land uses.
The slope of a road, street, or other public way, specified
in percentage terms.
The agency and person designated to administer the health
regulations of the Town of Groveland.
The purpose for which municipalities may adopt and enforce
land use regulations for the prevention of harm or promotion of public
benefit to the community.
A fee imposed on new development by the Town of Groveland,
pursuant to these regulations, in order to mitigate the impacts on
community facilities created by the demand for capital improvements
by the new development. Impact fees do not include the dedication
of rights-of-way or easements for such facilities, or the construction
of such improvements.
A septic tank, subsurface absorption system, or any other
approved sewage treatment device.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership, or possession, or for building development.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 105°.
A comprehensive plan for development of the Town of Groveland
prepared and adopted by the Planning Board and the Town of Groveland
pursuant to state law, and including any part of such plan separately
adopted and any amendment to such plan or parts thereof.
A special fund established by the Town of Groveland to retain
monies contributed by developers in accordance with the "money in
lieu of land" provisions of these regulations.
A subdivision whose intended use is other than residential,
such as commercial or industrial.
A notice issued by the Planning Board informing the applicant
for approval of a subdivision that the submittal is not in compliance
with these regulations and that the applicant may not apply for plan
approval until the submittal is in compliance.
A notice issued by the Planning Board informing the applicant
for approval of a subdivision that the submittal is in compliance
with these regulations and that the applicant may proceed to apply
for preliminary or definitive plan approval.
Any premises not located within the area of the property
to be subdivided, whether or not in the common ownership of the applicant
for subdivision approval.
The map established by the Town of Groveland pursuant to
law showing the streets, highways, and parks, adopted and established
by law, and any amendments or additions thereto adopted by the Town
of Groveland resulting from the approval of subdivision plans by the
Planning Board and the subsequent filing of approved plans.
The record owners of the fee or a vendee in possession, including
any person, group of persons, firm or firms, corporation or corporations,
or any other legal entity having legal title to or sufficient proprietary
interest in the land sought to be subdivided.
Any individual or group of individuals, or any corporation,
general or limited partnership, joint venture, unincorporated association,
or governmental or quasi-governmental entity.
A sketch preparatory to the preliminary plan to enable the
subdivider to save time and expense in reaching general agreement
with the Planning Board as to the form of the plan and the objectives
of these regulations.
The maps or drawings accompanying a subdivision plan showing
the specific location and design of improvements to be installed in
the subdivision in accordance with the requirements of the Planning
Board as a condition of the approval of the plan. The map(s) of a
subdivision to be recorded after approval by the Planning Board and
any accompanying material as described in these regulations.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning Board for approval, to facilitate proper
preparation of a definitive plan.
An association or organization, whether or not incorporated,
which operates under and pursuant to recorded covenants or deed restrictions,
through which each owner of a portion of a subdivision, be it a lot,
parcel, site, unit, plot, condominium, or any other interest, is automatically
a member as a condition of ownership and each such member is subject
to a charge or assessment for a pro-rated share of expense of the
association, which may become a lien against the lot, parcel, unit,
condominium, or other interest of the member.
A strip of land occupied or intended to be occupied by a
street, crosswalk, road, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer main, shade trees, or for any
other special use. The usage of the term "right-of-way" for land planning
purposes shall mean that every right-of-way hereafter established
and shown on a final plan is to be separate and distinct from the
lots or parcels adjoining such right-of-way and not included within
the dimensions or areas of such lots or parcels. Rights-of-way intended
for streets, crosswalks, water mains, sanitary sewers, storm drains,
shade trees, or any other use involving maintenance by a public agency
shall be dedicated to public use by the maker of the plan on which
such right-of-way is established.
The distance between property lines measured at right angles
to the center line of the street.
A road or a portion of a road with only one vehicular-traffic
outlet that does not terminate in a vehicular turnaround. Dead-end
roads shall not be permitted.
Either:
A strip at least 10 feet wide of densely planted (or having
equivalent natural growth) shrubs or trees at least four feet high
at the time of planting, of a type that will form a year-round dense
screen at least six feet high; or
An opaque wall or barrier or uniformly painted fence at least
six feet high.
The covenant, bond, tripartite agreement, or cash escrow
provided by the applicant to secure its promises in the subdivision
improvement agreement.
A tree in a public place, street, special easement, or right-of-way
adjoining a street as provided in these regulations.
The Commonwealth of Massachusetts, Department of Transportation
Standard Specifications for Highways and Bridges, 1988 edition, as
amended.
A street which satisfies one or more of the following criteria:
A street which, in the opinion of the Board, is being used,
or will be used primarily, to provide access to abutting lots and
has an average weekday ADT of 400 vpd or less.
The act or process of creating a subdivision.
Any person who 1) having an interest in land, causes it,
directly or indirectly, to be divided into a subdivision or who 2)
directly or indirectly, sells, leases, or develops, or offers to sell,
lease, or develop, or advertises to sell, lease or develop, any interest,
lot, parcel site, unit, or plot in a subdivision, or who 3) engages
directly or through an agent in the business of selling, leasing,
developing, or offering for sale, lease, or development a subdivision
or any interest, lot, parcel site, unit, or plot in a subdivision,
and who 4) is directly or indirectly controlled by or under direct
or indirect common control with any of the foregoing.
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 1) a public way, or a way which the Town Clerk of the Town of Groveland
certifies is maintained and used as a public way, or 2) a way shown
on a plan theretofore approved and endorsed in accordance with the
Subdivision Control Law, or 3) a way in existence when the Subdivision
Control Law became effective in the Town having, in the opinion of
the Board, sufficient width, suitable grade 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 Bylaws. Conveyances or
other instruments adding to, taking away from, or changing the size
and shape of lots in such a manner as to not 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 when the Subdivision
Control Law went into effect in the Town into separate lots on each
of which one of such building remains standing, shall not constitute
a subdivision (MGL c. 41, § 81L).
Any person who represents, or acts for or on behalf of, a
subdivider or developer in selling, leasing, or developing, or offering
to sell, lease, or develop any interest, lot, parcel, unit, site,
or plot in a subdivision, except an attorney at law whose representation
of another person consists solely of rendering legal services.
The power of regulating the subdivision of land granted by
the Subdivision Control Law, MGL c. 41, §§ 81K through
81GG, inclusive.
A contract entered into by the applicant and the Planning
Board on behalf of the Town of Groveland by which the applicant promises
to complete the required public improvements within the subdivision
within a specified time period following final subdivision plan approval.
Town of Groveland, Massachusetts.
A walkway designed for use by pedestrians, not necessarily
parallel to a street.
A way is synonymous with the terms "road," "street," or "highway"
and shall denote any such line or route for passage, whether public
or private; and 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, curbing, and planting
spaces where required.
