As used in these rules and regulations, the following terms shall have the meanings indicated:
AASHTO
American Association of State Highway and Transportation Officials.
APPLICANT
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision (Article 3) or approval of a site plan (Article 7). "Applicant" shall include an owner, or his agent or representative, or his assigns. The applicant may or may not be the developer.
BASE FLOOD
The "base flood elevation" shall be the level of flooding having a 1% chance of being equaled or exceeded in any given year, as designated on Flood Insurance Rate Maps (FIRM) cited in the Zoning Bylaw or, in the absence of such designation, to be verified 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.
BENCH MARK
A mark made in a durable, nongrowing object of known position and elevation as a reference point. All bench marks shall be referenced to the National Geodetic Vertical Datum (NGVD) of 1929.
BIKEWAY
A way designed to be used principally or exclusively by a bicycle or similar unpowered vehicle.
BLOCK
An area of land enclosed on two or more sides by street right-of-way.
BOARD
The Planning Board of the Town of Norfolk.
BRIDLE PATH
A way designed to be used principally or exclusively for equestrian purposes.
CUL-DE-SAC
A street with only one outlet to a through street.
DEFINITIVE PLAN
The plan of a subdivision as duly submitted with appropriate and completed application to the Board for approval, to be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board, and as distinguished from a preliminary plan.
DESIGNER
A registered professional engineer (civil) and/or a registered professional land surveyor licensed to practice in the Commonwealth of Massachusetts.
DEVELOP
To construct a street, install utilities, erect a house or other structure, or take other action in furtherance thereof.
DEVELOPER
A person (as hereinafter defined) who proposes to develop either a subdivision under a plan of a subdivision approved pursuant to Article 3 of these rules and regulations or a site plan in accordance with the provisions of Article 7 of these rules and regulations. The developer may or may not be the applicant.
DRAINAGE
The control of surface water within the tract of land to be subdivided or the site plan.
EASEMENT
A right acquired by public authority or other person to use or control property for a utility or other designated purpose.
ENDORSED BY
Bearing a certification or endorsement signed by a majority of the members of the Planning Board as applied to a plan or other instrument required or authorized by the Subdivision Control Law[1] to be recorded.
FOOTPATH
See "walkway."
LOT
See Town of Norfolk Zoning Bylaw for definition.[2]
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 September 9, 1974, at least 75% 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. 131, § 40, to be determined by the Building Commissioner, following consultation with the Conservation Commission.
MONUMENT
A permanent marker to indicate a boundary.
MUNICIPAL SERVICES
Sanitary sewers, storm drains, water pipes, gas pipes, electrical lines, telephone lines, cable television system, fire alarm and similar systems and their respective appurtenances. (See "private utilities" and "public utilities.")
OWNER
As applied to real estate, the person holding the record title to a parcel, tract or lot of land, as shown by the certified record in the Land Registration office or the Registry of Deeds or Registry of Probate.
PEDESTRIANWAY
A way providing public access for pedestrians near the right-of-way of an existing way, consisting of an easement of at least 20 feet, which is normally parallel to the street. Pedestrianways are primarily designed and intended to be used by pedestrians for convenient circulation or access to schools, playgrounds, shopping, churches, transportation, parks, conservation areas and/or other facilities. See Article 8 for B-1 and C-1 District requirements.
PERSON
An individual, or two or more individuals or a group or association of individuals, a partnership, trust or corporation, or governmental agency having common or undivided interests in a tract of land.
PLANNING BOARD REPRESENTATIVE/AGENT
Town employee or private consultant authorized by the Planning Board to review subdivisions and administer the regulations.
PRELIMINARY PLAN
A plan of a proposed subdivision or resubdivision of land prepared and duly submitted in accordance with § 325-3.2 in order to facilitate preparation of a definitive plan.
PRIVATE UTILITIES
This term shall include telephones, cable television, electric light and power, and gas lines whether installed on, above or beneath the surface of the ground.
PUBLIC UTILITIES
This term shall include only sanitary sewers, fire alarms, stormwater drains and water pipes and their appurtenances, which may become the property or responsibility of the Town.
RECORDED
Recorded in the Registry of Deeds of Norfolk County, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court (MGL c. 41, § 81L).
REGISTERED MAIL
Registered or certified mail.
REGISTRY OF DEEDS
The Norfolk County Registry of Deeds and, where appropriate, shall include the Land Court of Norfolk County.
ROADWAY
That portion of a way which is designed and constructed for vehicular travel.
SIDEWALK
A paved way within the right-of-way of a street, normally parallel to the street, primarily designed and intended for use by pedestrians.
STANDARD SPECIFICATIONS
Massachusetts Highway Department (MHD) (formerly the "Commonwealth of Massachusetts, Department of Public Works") Standard Specifications for Highways and Bridges, latest edition, as amended.
STREET
See Town of Norfolk Zoning Bylaw for definition.[3]
A. 
PRIMARYA street which carries traffic equivalent to that generated by 50 dwelling units or more, or which serves property either used or zoned for business or industry.
B. 
SECONDARYA street which carries traffic equivalent to that generated by more than seven but fewer than 50 dwelling units, and which is not capable of extension to serve more than 50 dwelling units.
C. 
RESIDENTIALA street which carries traffic equivalent to that generated by seven or fewer dwelling units, and which is not capable of extensions. A cul-de-sac that cannot be extended.
D. 
THROUGHA street with an outlet to more than one paved public way.
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[4] if, at the time when it is made, every lot within the tract so divided has frontage on a public way or a way which the Town Clerk of the Town of Norfolk certifies is maintained and used as a public way; or a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law; or a way in existence before March 31, 1954, 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.[5] Conveyances 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 frontage above set forth, or the division of a tract of land on 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, MGL c. 41, §§ 81K through 81GG, inclusive, as amended.
TOWN
Town of Norfolk, Massachusetts.
WALKWAY
A way near the right-of-way of a street consisting of a parcel or easement of at least five feet, which is normally parallel to the street. Walkways/footpaths are primarily designed and intended to be used by pedestrians for convenient circulation or access to schools, playgrounds, shopping, churches, transportation, parks, conservation areas and/or other facilities. See Article 8 for B-1 and C-1 District requirements.
[1]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
[2]
Editor's Note: See Ch. 310, Zoning, § 310-2.1, Definitions.
[3]
Editor's Note: See Ch. 310, Zoning, § 310-2.1, Definitions.
[4]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
[5]
Editor's Note: See Ch. 310, Zoning.
Primary access for each lot shown on a definitive plan or a plan not requiring subdivision control (81P) shall be from the street on which its frontage is measured. See the Zoning Bylaw.[1]
[1]
Editor's Note: See Ch. 310, Zoning.
No person shall make a subdivision, within the meaning of the Subdivision Control Law,[1] of any land within the Town, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided (MGL c. 41, § 81O).
[1]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
All plans submitted to the Board shall be prepared and stamped by a Massachusetts registered professional engineer and/or land surveyor, as appropriate. Form D, Designer's Certificate, shall be completed and submitted to the Board.[1]
[1]
Editor's Note: Forms can be obtained from the Planning Board office.
See Article 10 for applicable application, review and performance/observation inspection fee schedule. Review fee administration shall be as follows:
A. 
General requirements. When reviewing an application for subdivision or site plan approval, the Board may determine that the assistance of outside consultants is warranted due to the size, scale or complexity of a proposed project or because of a projects's potential impact. The Board may require that the applicant pay a review fee consisting of the reasonable costs incurred by the Board for the employment of outside consultants engaged by the Board to assist in the review of an application, in accordance with Chapter 593 of the Acts of 1989.[1]
[1]
Editor's Note: See MGL c. 44, § 53G, Employment of outside consultants.
B. 
Eligible consultants. In hiring outside consultants, the Board may engage engineers, planners, lawyers, urban designers, or other appropriate professionals who can assist the Board in analyzing a project to ensure compliance with all relevant laws, bylaws and regulations.
C. 
Fund administration. Funds received by the Board pursuant to this section shall be deposited with the Town Treasurer/Collector who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation. Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the applicant. Failure of an applicant to pay a review fee shall be grounds for denial of the application. If an applicant wishes to receive interest on the balance remaining in his review fee special account, a form must be completed titled "Client Group Account, Client Account Application – Certification of Taxpayer Identification Number."
D. 
Fund expenditures. Review fees may only be spent for services rendered in connection with the specific project from which they were collected. Accrued interest may also be spent for this purpose. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.
E. 
Administrative appeal. Any applicant may take an administrative appeal from the selection of the outside consultant to the Board of Selectmen. Such appeal must be taken within 10 business days of the decision by the Board to so select, and it must be made by certified mail, return receipt requested, addressed to the Board of Selectmen, with a copy to the Planning Board. The date of mailing shall control. In the event such an appeal is taken, the applicant shall, at the same time, execute and deliver to the Planning Board an offer of extension to the application made under the Subdivision Control Law[2] for a period of not less than 30 days. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum required qualifications shall consist either of an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a related field. The required time limit for action upon an application by the Board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Board of Selectmen within one month following the filing of the appeal, the selection made by the Planning Board shall stand.
[2]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
F. 
Review fee retainer. At the time of submission, the applicant shall provide payment in the amount(s) specified in the fee schedule, by check or money order payable to "Norfolk Planning Board Review Account." The applicant shall maintain a balance in such account of at least 50% of the initial payment amount. Additional retainage of higher amounts may be required in the case of extraordinary size or complexity of projects. The Planning Board may periodically bill the applicant for the purpose of maintaining the required minimum balance.
Prior to investing in professional design efforts for subdivision plans, it will often prove useful to review the proposed development of a parcel of land with the Planning Board in order that general approaches and potential problems can be freely explored. Pencil sketches, which need not be professionally prepared, will assist the discussion, and might show some but not all of the information required on a preliminary plan. Such review shall be without prejudice to the Planning Board and the applicant for the purposes of preliminary and definitive plan review.