For the purpose of these Rules and Regulations, unless
a contrary intention clearly appears, the terms and words defined
in the Subdivision Control Law shall have the meaning given therein.
The following other terms and words shall have the following meanings:
ABUTTER
Owners of land directly adjacent to property lines of the
applicant and owners of land directly opposite on any public or private
street or way, as they appear on the most recent tax list, notwithstanding
that the land is located in another city or town.
ABUTTER'S LIST
A list of abutters as defined by these Rules and Regulations,
and which has been certified by the Board of Assessors.
APPLICANT
All the owners of record of the land stated in the application
for subdivision. An agent, representative or his assigns may act for
an owner, provided written evidence of such fact is submitted to the
Board. Evidence in the form of a list of their officers and designated
authority to sign legal documents shall be required for a corporate
owner.
BOARD
The Planning Board of the Town of Abington, Massachusetts
established under Section 81A of Chapter 41 of the Massachusetts General
Laws.
BOARD'S AGENT
A duly authorized consultant retained or appointed by the
Planning Board to review plans, observe construction, and/or administer
these Rules and Regulations.
DEFINITIVE PLAN
A plan of a proposed subdivision or resubdivision of land drawn in accordance with Article
III, §
200-12 of these Rules and Regulations that will be recorded in the Registry of Deeds or filed with the Land Court when approved by the Board.
DESIGNER
Professional engineer and land surveyor registered to practice
in Massachusetts. All public and private utility design and other
engineering practices as defined in Section 81D of Chapter 112 of
the General Laws shall be done by or under the direct supervision
of, and shall be endorsed by, a registered professional engineer.
All layout of lands and subdivisions shall be done by or under the
direct supervision of, and shall be endorsed by, a registered land
surveyor.
DEVELOPER
An owner or their agent, representative, or assigns.
ENGINEER
A person registered or legally permitted to practice professional
engineering in the Commonwealth of Massachusetts.
GENERAL LAWS
The General Laws of the Commonwealth of Massachusetts.
MHD
Massachusetts Highway Department.
NAVD
1988 North American Vertical Datum.
PRELIMINARY PLAN
A plan of a proposed subdivision or resubdivision of land
drawn in accordance with these rules and regulations.
STREET OR WAY
(1)
A way, street or road open and dedicated to
public use, including a public way or a way certified by the Town
Clerk to have been used and maintained by public authorities as a
public way, a way approved and constructed under the provisions of
the Subdivision Control Law, or a private way in existence prior to
said Subdivision Control Law having become effective in the Town of
Abington and having, in the opinion of the Board, adequate width,
grades, and construction for the vehicular traffic and the installation
of municipal services to serve the land abutting on such way and the
buildings erected or to be erected thereon. The Planning Board shall
not deem a way adequate for the purposes of the Subdivision Control
Law whether approval is required or not required and these Rules and
Regulations unless said way meets the following minimum standards:
(a)
A right of way width of 40 feet.
(b)
A traveled way of 16 feet exclusive of berms
or curbs.
(c)
An all-weather surface of bituminous concrete,
which is in suitable condition to allow access for emergency vehicles.
(d)
The way shall be properly graded so as to allow
for drainage of surface water runoff as determined by the Board or
its agent.
(2)
Streets shall be classified as follows:
(a)
Arterial street: existing and proposed streets
that are primarily used, or will be used by through traffic at speeds
generally in excess of 40 miles per hour or as determined by the Planning
Board.
(b)
Collector streets: existing and proposed streets
that carry or will carry traffic from residential or minor streets
to the system of arterial streets at speeds generally between 30 and
40 miles per hour or as determined by the Planning Board. All commercial
and industrial subdivisions shall be designed as collector streets.
(c)
Minor streets: existing or proposed streets
that are used primarily for access to abutting residential properties
for traffic at speeds of generally less than 30 miles per hour.
(d)
Local streets: existing or proposed streets
that are used only for access to abutting residential properties,
are permanently dead end, and provide access for no more than 12 dwellings.
(e)
Dead-end: any street, group or extension of
streets, which has only one means of access.
SUBDIVISION
The division of a tract of land into two or more lots and
shall include resubdivision, and shall relate to the process of subdivision
on 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 was made, every lot within said tract has frontage, in compliance
with the Zoning By-Law, on a public way as laid out by the Selectmen
or a way which the Town Clerk certifies is maintained and used as
a public way, a way shown on a plan previously approved under subdivision
control, or a way in existence on March 8, 1947, having in the opinion
of the Planning Board, sufficient width, suitable grades, and adequate
construction to provide for the needs of vehicular and pedestrian
traffic and municipal services in relation to the proposed use of
the land abutting thereon or served. (See definition of "street" or
"way.") Conveyances or other instruments adding to, taking away from,
or changing the size and shape of lots, or the division of a tract
of land, on which two or more buildings were standing on March 8,
1947, into separate lots, on each of which one such building remains
standing, shall not constitute a subdivision.
SUBDIVISION CONTROL LAW
The power of regulating the subdivision of land granted by
Section 81K to 81GG, inclusive, of Chapter 41 of the General Laws
and any acts in amendment thereof, addition thereto or substitution
therefor.
SURVEYOR
A person registered or legally permitted to practice land
surveying in the Commonwealth of Massachusetts.
THESE RULES AND REGULATIONS
The "Rules and Regulations Governing the Subdivision of Land
in Abington, MA" as adopted and amended by the Planning Board pursuant
to Section 81Q of the Subdivision Control Law.
UTILITIES
Municipal services, including stormwater drainage system,
sewerage systems, water supply piping, fire alarm conduits and equipment,
cable, electric, telephone and other communications wiring, gas and
all appurtenances thereof.
ZONING BY-LAW AND ZONING MAP
Zoning By-Law shall mean the Abington Zoning By-Law, as amended;
Zoning Map shall mean the Abington Zoning Map, as amended.