The following definitions shall be applicable and controlling, inclusive of those definitions contained within MGL c. 41, § 81L, as amended. In any one or more instances wherein the definition in these regulations shall appear to be more comprehensive, or a contrary intention clearly appears, the definition herein shall prevail.
All owners of land within 300 feet (500 feet on a street designated as a scenic way) of the boundaries of the land included in such plan, as they appear on the most recent Framingham Assessor's tax records.
The acceptance of a subdivision road or way that has weathered for a minimum of two years, been constructed to the standards of the City, has been presented to the Mayor, and has received a favorable vote of the City Council and approval of the Mayor to be an accepted public way.
[Amended 4-4-2024]
A restriction and agreement in perpetuity with owners of an active farm parcel, in accordance with MGL c. 184, § 31. An APR is a legally binding set of restrictions that is monitored and enforced by the Massachusetts Department of Agricultural Resources, a conservation commission and/or a land trust. Owners of active farms may voluntarily enter into these agreements by selling the APR for a negotiated price based on the appraised value of the restriction.
The owner(s) of land and such duly authorized agent(s), representative(s), assign(s), and/or attorney(s). In each instance where an applicant is in addition to the owner(s), such representative shall file with the Planning Board sufficient written evidence of authority to act by or on behalf of the owner(s), such as a certificate of corporate vote, power of attorney, a list of officers, and/or such other evidence as the Planning Board may reasonably require. All owners of land within a subdivision must be co-applicants.
APPLICANT/DEVELOPER (alternative reference found within these regulations)A person who intends to create and/or construct a subdivision, or a road or way, with two or more lots within the meaning and purposes of the Subdivision Control Law.
See "endorsed plan" definition.
A person registered by the Board of Registration of Architects to practice as a professional architect in the Commonwealth of Massachusetts.
[Amended 4-4-2024]
The use of structural, nonstructural, or vegetative measures designed to reduce erosion, control the movement of sedimentation, decrease peak storm material discharge, and/or improve the quality of stormwater runoff as well as maintain natural hydrology as described in the Massachusetts Department of Environmental Protection's Stormwater Management Handbook and any other applicable local regulations.
The Board of Health of Framingham.
A notice of no less than 8.5 inches by 11 inches in a bright yellow or green color that has been posted by the owner and/or applicant in a conspicuous location on the subject property at the street frontage. The sign shall inform the public of the specific nature of the plans for the property and be posted a minimum of one day prior to an application submittal to the Planning Board.
APPROVAL NOT REQUIRED NOTICEA community notice is required for an approval not required plan only when an additional buildable lot will be created. A community notice shall be posted for each new buildable lot created.
The planning, scoping, design, implementation, operation, and maintenance of roads in order to reasonably address the safety and accessibility needs of users of all ages and abilities. "Complete streets" considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a manner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural neighborhoods.
An informal working group consisting of representatives of the various municipal departments to review the construction phase of projects. The CRT meets on a regular basis to provide comments, concerns, recommendations, and construction review requirements for approved development projects. The CRT shall include the Inspectional Services Division, Conservation Commission, Planning Board, the Board of Health, the Department of Public Works (DPW), the Fire Department, the Police Department, and/or their designees.
A restriction and agreement in perpetuity for the protection of open space, in accordance with MGL c. 184, § 31. A CR is a legally binding set of restrictions that is monitored and enforced by the Massachusetts Division of Conservation Services, the Framingham Conservation Commission and/or a land trust.
[Amended 4-4-2024]
A person who is not a Framingham employee who shall assist the Planning Board, Department of Public Works (DPW), and the Inspectional Services Division in the review of a project that has been reviewed and approved and is the construction phase to ensure compliance with all constructions standards, relevant laws, and/or regulations. Such consultants shall be selected and retained by the Planning Board and/or Zoning Board of Appeals (ZBA), with the actual and reasonable cost for their services to be paid by the applicant.
A non-monetary form of security that is executed and recorded and prevents the conveyance of, or building on, a subdivision lot until:
A dead-end street having a turnaround at the end for the reversal of traffic movement.
A street that provides only one vehicular access route to the general street network or a street system whose overall layout provides only one vehicular access route to the general street network.
Public Works Department of the City of Framingham and departments under its jurisdiction.
[Amended 4-4-2024]
Such owner(s), agent(s), or representative(s) of the owner(s) of land who seeks to develop the potentialities of the real estate by the building of structures thereon and/or developed sites, or any portion thereof in a subdivision.
A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.
As applied to a plan or other instrument required or authorized by the Subdivision Control Law to be recorded shall mean bearing a certification or endorsement signed by a majority of the members of the Planning Board or any other person authorized by the Planning Board to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and Recorder of the Land Court, signed by a majority of the Planning Board.
A person registered by the Board of Registration of Professional Engineers and of Land Surveyors to practice as a professional engineer in the Commonwealth of Massachusetts.
[Amended 4-4-2024]
An association or organization which operates under or pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision is automatically a member as a condition of ownership and each such member is subject to an assessment for a prorated share of expense of the association, which may become a lien against the lot, condominium or other interest of the member. The homeowners' association is responsible for maintenance of common land and shared facilities, as set forth in the covenants, and may not be dissolved.
[Amended 4-4-2024]
A person registered by the Board of Registration of Professional Engineers and of Land Surveyors to practice as a professional land surveyor in the Commonwealth of Massachusetts.
[Amended 4-4-2024]
A person registered by the Board of Registration of Landscape Architects to practice as a professional landscape architect in the Commonwealth of Massachusetts.
[Amended 4-4-2024]
A traffic measurement determined according to criteria set forth by the Transportation Research Board of the National Research Council.
A parcel of land with definite boundaries ascertainable by recorded deed or recorded plan and used or set aside and available for use as the site of one or more buildings or for any other definite purpose, in one ownership and not divided by a street.
A system and/or practice that uses and/or mimics natural processes that result in the infiltration, evapotranspiration, and/or use of stormwater and precipitation in order to protect water quality while maintaining the natural hydrology of a site. Surface flows and groundwater recharge are the key aspects of LID that consider quantity as well as quality. LID is often referenced as "green infrastructure" and the management of wet weather flows that employ these processes and refers to the patchwork of natural areas that provide habitat, flood protection, cleaner air and water. Both LID and green infrastructure practices aim to preserve, restore, and create green space using soils, vegetation, and/or rainwater harvest techniques. Examples of LID and green infrastructure include but are not limited to the following: bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements.
Any division of land that creates six or more lots; the creation of any new roadway or the addition of 500 feet or more to an existing roadway; or any activity requiring definitive subdivision plan review that is not listed under Article IV herein.
The General Laws of the Commonwealth of Massachusetts, as amended.
Under MGL c. 41, § 81D, the Planning Board shall create a master land use plan for the City. The Planning Board may further create a neighborhood master plan for individual districts of the City as advisable. Such master plan shall be a detailed statement made with the use of descriptive text, maps, illustrations, and/or other forms of communication that are designated to provide a basis for decisionmaking regarding the long-term physical development of the City. The master plan shall be internally consistent in its policies, forecasts and standards and shall include the following elements: goals and policy statements, a land use plan element, a housing element, an economic development element, a natural and cultural resources element, an open space and recreation element, a services and facilities element, a circulation element, and an implementation program element. Such master plan shall be created, and may be added to or changed from time to time, by a majority vote of the Planning Board and shall be a public record.
[Amended 4-4-2024]
Prior to the issuance of a building permit for the installation of a structure, the applicant/developer shall file with the Planning Board a method of security pursuant to MGL c. 41, § 81U, as amended. Such methods of security shall include one or a combination of the following:
By a proper bond;
By a deposit of money or negotiable securities;
By a covenant, executed and duly recorded by the owner of record, running with the land; and/or
By delivery to the Planning Board of an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant/developer by the lender.
Any division of land that creates five or less lots that are determined to not meet the approval not required (ANR) process; the addition of land to a preexisting subdivision that was previously approved by the Planning Board where such addition of land does not create more than four new lots; modification to a previously approved definitive subdivision where such modification was determined not to be a field change; modification to a previously approved plan that was not constructed as a definitive subdivision where such changes are to bring the previously approved definitive subdivision plan into compliance with Chapter 435, Zoning, § 435-27, Dimensional regulations, and/or other relevant section of the Framingham Zoning Ordinance; the connection to an existing lot that was not part of an approved definitive subdivision but will require use of the subdivision roadway as access and frontage; the re-recording of a plat and/or definitive subdivision plan where a definitive subdivision was previously approved but failed to be constructed and/or recorded but no changes were made to the approved plan; or the modification to an approved definitive subdivision plan where the only modifications to the plan are associated with the approved roadway.
Defined and measured by the procedure as prescribed herein as all areas of the entire lot prior to subdivision of the land into individual parcels with slopes natural and unaltered greater than or equal to 15% over a horizontal distance of 100 feet, as measured perpendicular to the contour line as prescribed herein. For lots lacking a horizontal distance of 100 feet, the slope shall be calculated as an elevation change across a horizontal distance of 50 feet as measured perpendicular to the contour line. Contours shall be at two-foot intervals based on the most recent National Geodetic Vertical Datum (NGVD). Plans shall note the collection source of the contour data. Final slope shall be reviewed and confirmed by the City Engineer and/or by the City's professional consultant.
Public services and infrastructure furnished by Framingham, including but not limited to indoor and outdoor recreational facilities, police, fire, schools, public works, inspectional services, finance, water systems, sanitary sewage systems, disposal plants, communication services, and fire alarm systems.
The owner of record as shown by the current records of the Middlesex South District Registry of Deeds or the Middlesex South Registry District of the Land Court.
An area of land held as one ownership, with definite boundaries, other than a lot.
A person who is not a Framingham employee who shall assist the Planning Board in plan review, impact analysis, inspection or other technical or legal assistance necessary to ensure compliance with all relevant laws and regulations. Such consultants shall be selected and retained by the Planning Board, with the actual and reasonable cost for their services to be paid by the applicant.
A deposit of money in the form of a cash deposit with the Municipal Treasurer-Collector, a bond, or letter of surety in accordance with MGL c. 41, § 81U, as amended. Such performance bond shall be in a negotiable security and determined by the Planning Board to be an adequate and sufficient amount.
Upon the applicant providing a performance bond with the Planning Board, the Planning Board shall provide the applicant with a performance bond agreement (Appendix C - Form 15[1]).
A detailed plan of a proposed subdivision showing sufficient information for a clear basis for discussion and clarification for the construction of a road, way, infrastructure and/or improvements within 50 feet of the right-of-way. Said plan shall be prepared in accordance with Article VII and such improvements shall be in compliance with Article VIII of these regulations.
A plan of a proposed subdivision showing sufficient information that is a clear basis for discussion and clarification of its general content and for the preparation of a definitive plan. Said plan shall be prepared in accordance with Article VI of these regulations.
The Framingham Planning Board
Documentation and/or plan recorded in the Middlesex South District Registry of Deeds, except that, as affecting registered land, it shall mean filed with the Recorder of the Middlesex South Registry District of the Land Court.
The Middlesex South District Registry of Deeds, including, when appropriate, the Recorder of the Middlesex South Registry District of the Land Court.
Rules and Regulations Governing the Subdivision of Land in Framingham, adopted pursuant to MGL c. 41, as amended.
A strip of land occupied or intended to be occupied by a street, sidewalk, pedestrian path, water main, sanitary or stormwater main, or for another special purpose.
That portion of a street which is designed and prepared for vehicular travel.
Prepared and adopted by the Framingham Planning Board in accordance with MGL c. 41, as amended. Referred to as "regulations" and may be cited as the "Rules and Regulations Governing the Subdivision of Land in Framingham."
A street, road, or way that has been designated at the recommendation or request of the Planning Board, Conservation Commission, and/or Historical Commission of Framingham pursuant to MGL c. 40, § 15C, as amended.
A way that meets one of the following criteria:
A public way or a way which the City Clerk certifies is maintained and used as a public way;
A fully constructed way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law; or
A way in existence when the Subdivision Control Law became effective in the City of Framingham, 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.
The Street Acceptance Procedures included in Appendix B attached to this chapter.
[Amended 4-4-2024]
The entire width of a street right-of-way, extending from property line to property line.
Any combination of materials assembled at a fixed location providing support or shelter, such as a building, framework, tent, shed, or mast for radio antennas, but excluding sidewalks and paved areas on streets, driveways, parking areas, and patios.
A portion of a street for which a future extension has been proposed and approved.
The division of a tract of land into two or more lots, including resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or shall relate to the land 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 these rules and regulations and the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on:
A public way which has been certified by the City Clerk as having been accepted, approved, maintained, and used as a public way in the City;
A way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law; or
A way in existence when the Subdivision Control Law became effective in the City, 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 required by the Zoning Ordinance of the City for the erection of a building or buildings on such lot. Conveyances or other instruments of record changing the size and/or 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 two or more buildings were standing when the Subdivision Control Law went into effect in the City into separate lots, on each of which one of such buildings remains standing, shall not constitute a subdivision.
A report provided to the applicant after a Technical Review Team (TRT) meeting. Such report shall include but not limited to TRT minutes, TRT attendance sheet, TRT comment letters, and review of project based on the Framingham Zoning Ordinance and/or Subdivision Rules and Regulations.
An informal working group consisting of representatives of the various municipal departments to review pre-application projects. The TRT meets on a regular basis to provide comments, concerns, recommendations, and a permit/license determination for pre-application projects prior to the submittal of a formal application. The TRT shall include the Building Commissioner, Conservation Commission, Planning Board, Zoning Board of Appeals (ZBA), the Board of Health, the Division of Planning and Community Development, the Department of Public Works (DPW), the Disability Commission, the Fire Department, the Police Department, and/or their designees.
[Amended 4-4-2024]
A right-of-way or means of access to a lot. A public way is a way which has been accepted by, and the land owned by, Framingham or by other means created as a public way. Any other way (private way) is a way over land which is owned by a private party (alleys and shared streets are always private), but which is set forth by deed covenant, deed description, or other means as a private way.
The Framingham Zoning Ordinance, Chapter 435 of the City Code.
[Amended 4-4-2024]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.