Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents

§ 801-3 Definitions and abbreviations.

For the purposes of these regulations, the following words and phrases shall have the meanings given in the following clauses, unless a contrary intention clearly appears.
AASHO
Latest revisions of Standard Specifications for Highway Materials and Methods of Sampling Testing adopted by the American Association of State Highway Officials.
ACI
Latest revisions of the Manuals of Concrete Practice published by the American Concrete Institute.
APPLICANT
Includes an owner, agent, representative, or assign so entrusted to propose and/or develop the proposed subdivision.
ASSHTO
Latest revisions of the Policy on Geometric Design of Highways and Streets by the American Association of State Highways and Transportation Officials.
ASTM
Latest revisions of Standard Specifications published by the American Society for Testing and Materials.
BOARD
The Planning Board of the Town of Barnstable.
DEFINITIVE PLAN
The plan of a subdivision as submitted (with appropriate application) to the Board for approval, to be recorded in the Registry of Deeds or filed with the Recorder of the Land Court when approved by the Board, and such plan when approved and recorded or filed. The requirements and content of the definitive plan shall be as specified hereinafter.
DEPARTMENT SPECIFICATIONS
"The Town of Barnstable, Department of Public Works, Construction Specifications" and the "Standard Specifications for Highways and Bridges of the Massachusetts Department of Public Works," as applicable, including all revisions thereto. In the case of any conflict, the Town of Barnstable Department of Public Works specifications shall govern.
ENGINEER
A professional civil engineer registered in the Commonwealth of Massachusetts.
FRONTAGE
The distance between the side boundaries of a lot, measured along the exterior line of whatever way or street serves as legal and practical access to the buildable portion of the lot.
GENERAL LAWS
The Commonwealth of Massachusetts General Laws, with all additions and amendments. In case of a rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification.
LAND SURVEYOR
A land surveyor registered in the Commonwealth of Massachusetts.
LOT
An area of land delineated by lot boundary lines in one ownership and not divided by a public or private way.
OWNER
As applied to real estate, the person (as hereinafter defined) holding the ultimate fee simple title to a parcel, tract or lot of land, as shown by the record in the appropriate Land Registration Office, Registry of Deeds or Registry of Probate.
PERSON
An individual, or two or more individuals or a group or association of individuals, a trust, a partnership or a corporation having common or undivided interests in a tract of land.
PLANNING BOARD ENGINEER
A registered professional engineer so designated by the Board to act as its agent in that capacity.
PRELIMINARY PLAN
A plan of a proposed subdivision or a resubdivision of land submitted for discussion and consideration by the Board prior to the preparation of a definitive plan. Requirements and contents shall be as specified hereinafter.
PRINT
A blue-line or black-line print.
ROADWAY
That portion of a way which is designed and prepared for vehicular travel.
SCENIC ROADS
As designated by the Town of Barnstable pursuant to Chapter 40, § 15C, of Massachusetts General Laws.
STREET, MAJOR
A street which, in the opinion of the Board, is being used or will be used as a thoroughfare between different portions of the Town, or which will be the principal access to a business or industrial subdivision.
STREET, SECONDARY
A street intercepting several minor streets and which, in the opinion of the Board, may carry traffic from such minor streets to a major street or community facility, including the principal access streets or principal circulation streets of residential subdivisions, and including all streets, except those designated as major streets, of a business or industrial subdivision.
STREET, MINOR A
A street which, in the opinion of the Board, is being used or will be used primarily to provide access to abutting residential lots, and which is not intended for use by through traffic.
STREET, MINOR B
A residential street which, in the opinion of the Board, may not be used for access to land as yet undeveloped, is less than 500 feet in length, is access to four or fewer single-family lots and is not a portion of a piece of land which has been subdivided into 10 or more lots within the preceding 10 years.
SUBDIVISION
The division or resubdivision of a tract of land into two or more lots; or to the process of a subdivision; or to the land or territory subdivided. The division of a tract of land into two or more lots shall not constitute a subdivision if, at the time it is made, every lot within said tract has frontage in compliance with the Zoning Ordinance,[1] on:
A. 
A public way which the Town Clerk certifies is maintained and used as a public way;
B. 
A way shown on a plan previously approved and endorsed under the Subdivision Control Law which has been fully constructed in compliance with the Subdivision Rules and Regulations in effect at that time; or
C. 
A way in existence when the Subdivision Control Law became effective which meets the standards of adequate access established by § 801-12B of these rules and regulations.
SUBDIVISION CONTROL LAW
Sections 81K through 81GG, inclusive, of Chapter 41, Massachusetts General Laws, as now in force, and any acts in amendment thereof.
UTILITIES
Sewers, surface water drains, water pipes, gas pipes, electric lines, telephone lines, fire alarm lines, cablevision lines and their respective appurtenances and other like services.
VEHICLE TRIP
A single or one-direction vehicle movement.
WAY
The full strip of land separate from adjoining lots, designated as a way or street as distinguished from the roadway.
WETLANDS
Resource areas subject to regulation under MGL Ch. 131, § 40; 310 CMR 10.00; and to Chapter 237, Wetlands Protection, of the Code of the Town of Barnstable.
[1]
Editor's Note: See Ch. 240, Zoning.

§ 801-4 Definitive plan required prior to sale of lots or clearing of land.

A. 
Plan requirement. No person shall make a subdivision 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 utilities therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Board.
B. 
Clearing. No clearing of vegetation or grading for the development of ways or building sites shall commence until an approved and endorsed definitive plan has been recorded and evidence of recordation returned to the Planning Board office. This shall not apply to limited clearing for the purpose of surveying. Selective removal of trees for the purpose of soil testing may be undertaken with written permission of the Planning Board.

§ 801-5 Waivers.

A. 
Waiver criteria.
(1) 
As provided in § 81-R of Chapter 41, Massachusetts General Laws, the Board may waive strict compliance with these requirements when, in its judgment, such action is in the public interest and not inconsistent with the intent or purposes of the Subdivision Control Law. In making this determination the Board shall consult with other agencies as the Board may deem necessary.
(2) 
If the development is not consistent with the Subdivision Rules and Regulations, the written waivers granted thereto and the conditions of approval, the applicant shall be responsible for bringing the subdivision into compliance.
B. 
Waivers from construction standards to maintain rural character.
(1) 
In order to maintain the rural character of an area, the Board may grant waivers for a residential subdivision plan which is designed in keeping with the rural character of the surrounding area, based on the following findings by the Board:
(a) 
The granting of the waiver is in the best interest of the citizens of the Town.
(b) 
That the plan is well designed, and in keeping with the general design principles set forth in Article VI of these regulations.
(c) 
That there is adequate access to the lots for the uses intended thereon.
(d) 
That the plan is in keeping with the character of the surrounding area.
(2) 
In order to apply for waivers under this section, the applicant shall submit a preliminary subdivision plan to the Board.
C. 
Waiver requests. Applicants seeking waivers from the requirements of the Subdivision Control Rules and Regulations of the Subdivision Control Law shall submit at the time of filing of an application for approval of a preliminary or definitive subdivision plan, a separate written request for waivers. The written request shall specify by section and paragraph the requirement(s) of the Subdivision Rules and Regulations from which waivers are requested. A waiver request shall provide a concise statement of the nature and extent of the waiver(s) requested and the reason(s) for the request. Such waiver requests are required as part of the submission procedures as outlined in §§ 801-23B and 801-24A(1) of the Barnstable Subdivision Rules and Regulations.
D. 
Responsibility for maintenance. Where the Board approves waivers from these regulations pursuant to Subsection B above, the owners of all the land within the subdivision shall be responsible for the maintenance and repair of the street(s), including snow plowing. The Town will not accept a street as a public way that does not meet the construction standards contained herein. To provide notice to future landowners of responsibility for maintenance and repair, the applicant shall execute the S Form, contained in the Appendix, at the Registry of Deeds, and return the recorded document to the Planning Board office. [1]
[1]
Editor's Note: Form S is included at the end of this chapter.

§ 801-6 Inspection.

All work required by these rules and regulations shall be under the inspection of and with the approval of the respective Town departments and utility companies involved hereunder. Also see § 801-61 of these rules and regulations regarding inspections by the applicant's engineer.

§ 801-7 Responsibility.

A. 
Applicant's responsibility. All work performed under these rules and regulations shall be the responsibility of the owner and/or applicant.
B. 
Inspection by Town. The purpose of inspection by the Town is to assure that good practices are followed in constructing the project in accordance with the designs and specifications, and not to establish these practices.
C. 
Quality control. The owner shall employ a quality control program through the services of a professional engineer.

§ 801-8 Severability.

If any section, paragraph, sentence, clause or provision of these regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged and the remainder of these regulations shall be deemed valid and effective.

§ 801-9 Amendments.

These regulations or any portion thereof may be amended, supplemented or repealed from time to time by the Board after a public hearing on its own motion or by petition.