Under the authority in the Planning Board of the Town of Kingston by MGL c. 41, § 81Q, said Board hereby adopts these rules and regulations governing subdivision of land in the Town of Kingston.
These subdivision regulations have been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the Town by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas. The powers of the Planning Board and of the Board of Appeals under these regulations shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for ensuring compliance with the applicable zoning bylaw; for securing adequate provision for water distribution, sewerage, drainage, underground utility services, fire, police and other municipal equipment, protection of natural water sources, flood control wetland areas, and other requirements where necessary in a subdivision; for protecting, promoting and enhancing the natural beauty and amenities of the Town; and for coordinating the ways in a subdivision with each other and with the ways in neighboring subdivisions.
[Amended 6-22-2009]
A.
The following rules and regulations shall from and after the effective date thereof govern the subdivision of land within the Town of Kingston, and no person shall subdivide land in the Town of Kingston after such effective date without complying with these regulations and first obtaining from the Planning Board either approval of the definitive plan for the proposed subdivision or the endorsement "Approval Under the Subdivision Control Law Not Required" upon such plan. The effective date is when the Board has notified the Register of Deeds and the Recorder of the Land Court of their adoption.
B.
Within a 40R Smart Growth District, the design standards and procedures identified in the Kingston Smart Growth District Design Standards and Procedures dated March 19, 2007, as amended, will apply. In the case of inconsistency between the Rules and Regulations Governing the Subdivision of Land and Kingston Smart Growth District Design Standards and Procedures, the design standards shall govern. In the case of inconsistency between the District Bylaw and these design standards, the District Bylaw shall govern. In the case of inconsistency between applicable state or federal laws, including, without limitation, state building codes or life safety codes, and these design standards, the applicable state and federal laws, rules and regulations shall govern.
C.
The Planning Board may grant waivers from the Rules and Regulations Governing the Subdivision of Land where opportunities exist to incorporate low-impact development strategies. Low-impact development is a way to protect the environment and reduce construction costs at the same time. Conventional design and construction methods generally use expensive systems of curbs, gutters, pipes, and ponds to collect and treat runoff. In contrast, the low-impact development approach uses a more decentralized approach; the idea is to reduce the amount of runoff and treat it closer to the source using smaller, less expensive techniques. Basic design strategies seek to reduce the extent of rooftops and paved areas, use infiltration techniques such as bioretention areas and grass swales, and design the site to protect natural features that improve water quality. Acceptable techniques, including some of those listed below, can be found with the Massachusetts Low Impact Toolkit contained in the Massachusetts Smart Growth/Smart Energy Toolkit: https://www.mass.gov/smart-growth-smart-energytoolkit- information-and-resources.