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RULES AND REGULATIONS FOR SUBDIVISION OF LAND AND SITE PLAN APPROVAL TOWN OF NORFOLK PLANNING BOARD NORFOLK, MASSACHUSETTS RULES AND REGULATIONS FOR SUBDIVISION OF LAND AND SITE PLAN APPROVAL TOWN OF NORFOLK PLANNING BOARD NORFOLK, MASSACHUSETTS VOLUMES I AND II Rules and Regulations VOLUME I Sections 1-8; (Appendix A) Fee Schedule; Earth Removal; Bonding; Bond Reduction VOLUME II (Appendix B-D) Forms Cross Sections Details Regulations Most Recently Amended Voted August 12, 2004 Certification of Compliance with G.L. c. 41, Section 81Q True copies of these regulations, as amended, and certifiedby the Town Clerk, have been transmitted and filed at the Norfolk County Registry of Deeds, in Dedham, and the Massah cusetts Land Court, in Boston. Additionally, true copies of these regulations, as amended, have been placed on file and ae r available for public inspection at the offices of the Planning Board and the Town Clerk. TABLE OF CONTENTS Section Title Page SECTION 1.0 PURPOSE AND AUTHORITY 1-1 1.1. Purpose 1-1 1.2. Authority 1-1 SECTION 2.0 GENERAL 2-1 2.1. Definitions 2-1 2.2. Access To Lots 2-5 2.3. Regulation of New Subdivisions 2-5 Pr.p.arPtona 2-5 2.5. Application, Review and Observation/Inspection Fees 2-5 2-5 2.5.1.RGeneral equirements 2.5.2. onluitlnts 2-5 2.5.3d.mnisnration 2-5 2.5.4x.pndniures 2-6 2.5.5. Administrative Appeal 2-6 2.5.6. Review Fee Retainer 2-6 2.6. Pre-Submission Review 2-6 SECTION 3.0 PROCEDURE FOR THE SUBMISSION AND APPROVAL OF PLANS 3-1 3.1. Plan Believed Not To Require Approval 3-1 3.1.1. Submission of Plan 3-1 3.1.2. Contents 3-1 3.1.3. Endorsement of Plan Not Requiring Approval 3-2 3.1.4. Determination That Plan Requires Approval 3-2 3.1.5. Recording 3-2 3.2. Preliminary Plan 3-2 3.2.1. Submission of a Preliminary Plan 3-3 3.2.2. Contents 3-3 3.2.3. Approval of a Preliminary Plan 3-5 3.2.4. Diosf pproval a Preliminary Plan 3-5 3.3. Definitive Plan 3-5 3.3.1. Submission of a Definitive Plan 3-6 3.3.2. Contents 3-8 22.214.171.124. Plan and Profile 3-10 126.96.36.199. CPolntour an/Grading Plan 3-11 188.8.131.52. Utility Plan 3-11 3-12 184.108.40.206. DrCainage lculations 220.127.116.11. lTnree 3-12 18.104.22.168. Cross-Sections 3-12 22.214.171.124. SItupdcte and Assessments 3-12 126.96.36.199. Sediment ation and Erosion Control Plan 3-13 188.8.131.52. CToaficstion Control and Analysis 3-13 184.108.40.206.1. Definitions 3-13 220.127.116.11.2. Traffic Impact Analysis 3-14 18.104.22.168.3. Content s of Traffic Impact Analysis 3-14 22.214.171.124. Curb Tie and Alignment Plan 3-15 126.96.36.199. WC aivesrtsr,uc tion Sequencing and Timing 3-15 188.8.131.52.PDlantail 3-15 i Section Title Page 184.108.40.206. Wetland and Water Resource Protection 3-16 3.3.3. Staking 3-16 3.3.4. Soil Survey and Percolation Tests 3-16 3.3.5. Procedure 3-17 220.127.116.11. Review by Board of Health as to Suitability of Land 3-17 18.104.22.168. Review by Other Town Officials 3-17 22.214.171.124. Public Hearing 3-18 126.96.36.199. PBoaring d Procedure 3-18 188.8.131.52. Aorproval Disapproval 3-18 3.4. Imploefmentation Definitive Plan 3-19 3.4.1. Performanc e Guarantee 3-19 3.4.2. Time for Completion 3-21 3.4.3. Endorsement 3-21 3.4.4. Recording 3-22 3.4.5. Release of Lots 3-22 184.108.40.206. Convofyance Utilities and Easements to the Town 3-23 3.4.6. Reduction or Release of Performance Guarantee 3-23 220.127.116.11. Reofuction Bond Surety 3-23 18.104.22.168. Final Release of Performance Guarantee 3-23 22.214.171.124. Determofination Incompleteness 3-24 126.96.36.199. Determination of Completeness 3-24 3.4.7.Accs-Built eptance Plans 3-25 3.4.73.iePlan 3-25 188.8.131.52. Profile View 3-26 184.108.40.206. Description 3-26 220.127.116.11. Cert ifications 3-26 18.104.22.168. Signatures 3-27 SECTION 4.0 GENERAL REQUIREMENTS AND DESIGN STANDARDS 4-1 4.1. Basic Requirements/Design Guides 4-1 4.1.4. Referenc ed Standard 4-1 4.2. Relation To Surrounding Areas 4-1 4.3.Lot inimum 4-2 4.4. Access Through Another Municipality 4-2 4.5. Reserve Strips 4-2 4.6. Further Subdivisions 4-2 4.7. Re-subdivision 4-2 4.8. Blocks 4-2 4.9. Access and Maintenance Easements 4-2 4.9.1. Layout 4-2 4.9.2. Watercourses 4-3 4.9.3. Utilities 4-3 4.9.4. Trees 4-3 4.10. Pedestrian Ways/Walkways 4-3 4.11. Open Space, Parks, and Playgrounds 4-3 4.12. Protection of Natural Features 4-4 4.13.stWmater 4-4 4.14. Streets 4-5 4.14.1. Arrangement 4-5 4.14.2. Access to Primary and Through Streets 4-5 4.14.3. Reconstruction of Adjacent Public Ways 4-5 4.14.4. Street Jogs 4-5 4.14.5. Reserve Curves 4-5 4.14.6. Right of Way Widths and Alignments 4-5 4.14.6. Right of Way Widths and Alignments Chart 4-6 4.14.7. Intersections 4-7 4.14.8. Vertical Alignment 4-7 4.14.9. Cul-de-sacs 4-8 ii Section Title Page 22.214.171.124. Provision for Future Access 4-9 126.96.36.199. Cul-de-Sa c Plantings 4-10 4.14.10. Half Streets 4-10 4.14.11. Sight Distances at Intersections 4-10 4.14.12. SStoppting Distance 4-10 4.15. Slopes 4-11 4.16. Driveways 4-11 4.17. Street Cross Sections 4-11 4.18. Walkways on Existing Roadways 4-12 4.18.1. Width 4-12 4.19. Storm Drainage Systems 4-12 4.19.1 StoMrmwater anagement Standards 4-12 4.19.2Analysssng 4-13 4.19.3StDrmsign 4-13 188.8.131.52. Str eet Drains 4-13 184.108.40.206. Major Structures, Culverts, Detention Basins and Retention Basins 4-14 220.127.116.11. Ret ention/Detention Systems 4-15 4.19.4. Type of Pipe 4-16 4.19.5. Soflection Drain Size 4-16 4.19.6. ConDstrtcitlison and Specifications 4-16 4.19.7. Swales 4-17 4.20. SMtormwater anagement Standards 4-17 4.21. Off-Site Stormwater Discharges 4-17 SECTION 5.0 REQUIRED IMPROVEMENTS FOR SUBDIVISION 5-1 5.1. Basic Requirements 5-1 5.1.3. Referenc e Standards 5-1 5.1.4. Staking Prior to Construction 5-1 5.2. Streets and Roadways 5-1 5.2.1. Miinmsum and Depths 5-1 18.104.22.168. MWiimt um h Requirements 5-2 22.214.171.124. MDeimtum h Requirements 5-2 5.2.2. Clearing and Grubbing 5-2 5.2.3. Excavations 5-3 5.2.4. Embankments 5-3 5.2.5. Gravel Base 5-3 5.2.G.radedse Crushed Stone For Roadway Base 5-4 5.2.7. Bituminous Concrete Pavement, Temporary Berm, Sidewalks, and Driveways 5-4 5.2.8. Slant Granite Edging 5-5 5.2.9. Curb and Edging 5-5 5.2.10. Walkways 5-5 126.96.36.199. Width 5-5 188.8.131.52. Clearing and Grubbing 5-5 184.108.40.206. Bituminous Paving 5-6 220.127.116.11. Grass Strip 5-6 18.104.22.168. Drainage 5-6 5.3. Storm Drainage System Construction Specifications 5-6 5.3.1. Frames, Grates and Covers 5-6 5.3.2. Manholes 5-7 5.3.3. Catch Basins 5-7 22.214.171.124. Curb Inlet Stones 5-7 126.96.36.199. Tranrition 5-7 5.3.4. Flared and Metal Ends 5-7 iii Section Title Page 5.3.5. Field Stone Masonry Ends 5-8 5.3.6.BSrscurity 5-8 5.3.7. Scour Protection 5-8 5.3.8. Sub-drains 5-8 5.3.9. Tarvnthno 5-8 5.3.10.ddPipe 5-8 5.3.11. Pipe Installation and Backfilling 5-8 5.3.12. Leaching Pit or Basin 5-9 S.4.temsater 5-9 5.5.ewSarsitary 5-10 5.6t.iersivate 5-10 5.7.WRallstaining 5-10 5.8. Fire Alarm System 5-10 5.9. Street Trees 5-10 5.9.eciTree 5-11 5.10. Loaming and Seeding 5-11 5.11. Street Signs 5-12 5.1L. hstreet 5-12 5.13. Guard Rails 5-12 5.13.3. Wood Posts and Rails 5-12 5.14. Bounds 5-13 5.15. Curb-Cut Ramps 5-13 5.16. Final Cleanup 5-14 5.17. C ofrtificates Compliance 5-14 5.18. Maintenance 5-14 5.19. Stop Work Orders 5-14 SECTION 6.0 ADMINISTRATION 6-1 6.1. Authority 6-1 6.2. Variation 6-1 6.2.1. Waiver of Compliance 6-1 188.8.131.52. Request for Waivers from Planning Board 6-1 6.2.2. Planned Development 6-1 6.3. References 6-1 6.4. Validity 6-2 6.5. Amendments 6-2 6.6. Inspection/Observati on of Improvements 6-2 6.6.1. Erosion and Sedimentation Controls 6-2 6.6.2. Clearing and Grubbing of Right of Way 6-3 6.6.3. Excavation 6-3 6.6.4. Embankments 6-3 6.6.5. Staking 6-3 6.6.6. Storm Drainage System 6-3 6.6.7. Sanitary Sewer System 6-3 6.6.8. Water System 6-4 6.6.9. Sub-grade of Right of Way 6-4 6.6.10. Processed Gravel Base and Base 6-4 6.6.11. Dense Graded Crushed Stone Base 6-4 6.6.12. Bituminous Concrete Pavement 6-5 6.6.13. Curbing and Edging 6-5 6.6.14. Curb-Cut Ramps and Transformer Pads 6-5 6.6.15. Loam and Seed 6-5 6.6.16. Retaining Walls 6-5 6.6.17. Guard Rails 6-5 6.6.18.reetreet and Plantings 6-5 6.6.19. intreet and Bounds 6-6 iv Section Title Page 6.6.20. Fire Alarm System 6-6 6.6.21.ighttrseet 6-6 6.6.22.lFnuapl 6-6 6.6.23. Maintenance 6-6 6.6.24. As Built/Acceptance Plan/Running Description of Roadway and Easements 6-6 6.6.25. Deed/Easement Submittal 6-6 6.6.26. Other 6-6 SECTION 7.0 SITE PLAN APPROVAL: ADMINISTRATIVE REQUIREMENTS 7-1 7.1. AUTHORITY 7-1 7.2. PRECEDENCE 7-1 7.3. APPLICABILITY 7-1 7.4. REQUIREMENTS 7-1 7.4.1. Pre-Submission Review 7-1 7.4.3. Contents 7-1 7.5. SUBMISSION 7-7 7.5.1. General 7-7 7.5.2. Traffic Congestion Control and Analysis 7-8 7.5.3. Waivers 7-8 7.6. SITE PLAN SUBMITTAL FEE 7-8 7.7. HEARING 7-8 7.7.3. Representati on and Absence 7-8 7.8. DECISION 7-8 7.8.1. Time 7-8 7.8.2. Modification/Amendm ent/Endorsement 7-8 7.8.R.equirigent 7-9 7.8.4. Written Notification of Decision/Detailed Record 7-9 7.9. GENERAL 7-9 7.9.1. Application 7-9 7.9.2. Withdrawal 7-9 7.9.3. Reapplication 7-9 7.10. ONE-YEAR LIMITATION OF GRANTS; EXTENSIONS 7-9 7.11. APPEAL OF DECISION 7-10 SECTION 8. REGULATIONS FOR NON-RESIDENTIAL AND MIXED USE DEVELOPMENTS IN THE USINESS AND COMMERCIAL ZONING DISTRICTS INTRODUCTION 8-1 8.1. Purpose 8-1 8.2. Authority 8-1 8.3.uieasicnts 8-1 8.4. Design Guidelines for Streets, Roadways, and Utilities 8-2 8.4.1. 8-2 8.4.2. 8-3 8.4.3. 8-3 8.4.4. Referenced Standards 8-3 8.4.5. Blocks 8-3 8.4.6. Access and Maintenance Easements 8-4 184.108.40.206. Layout 8-4 220.127.116.11. Watercourses 8-4 18.104.22.168. Utilities 8-4 22.214.171.124. Trees 8-4 8.4.7. Pedestrian Ways/Sidewalks 8-4 8.4.8. Streets 8-5 126.96.36.199. Arrangement 8-5 188.8.131.52. Access to Feeder Streets 8-6 184.108.40.206. Reconstruction 8-6 v Section Title Page 220.127.116.11. Street Jogs 8-6 18.104.22.168. Reverse Curves 8-6 22.214.171.124. Level of Service 8-6 126.96.36.199.1. Signalized tersections 8-7 188.8.131.52.2. Un-signalized Intersections 8-7 184.108.40.206. Right-of-Way Widths and Alignments - Design Speed 8-8 220.127.116.11. Right-of-Way Widths and Alignments - Design Speed Chart 8-8 8.4.9. Intersections 8-10 8.4.10. Alertial t 8-10 8.4.11. Cul-de-sacs 8-11 18.104.22.168.3. Provifsrns Future Through Access 8-12 22.214.171.124.6. Cul-de- sac Plantings 8-13 126.96.36.199.1. Standar ds and Specifications 8-13 188.8.131.52. Provisions for Future Through Access 8-13 8.4.12. Half Streets 8-14 8.4.13. Sight Distances at Intersections 8-14 8.4.14. SStght ing Distance 8-14 8.4.15. Frontage Road Design and Location 8-15 184.108.40.206. Cross-easements 8-15 220.127.116.11. Maintenance 8-15 18.104.22.168.1. Signage 8-15 8.4.16.aySortet in the B1 District (Town Center) 8-15 8.5 Street, Roadway, and Utility Construction Standards 8-15 8.5.1. Basic Requirements 8-15 8.5.2. 8.5.3. Referenced Standards 8-16 8.5.4. Streets and Roadways 8-16 22.214.171.124. MWinit um hs and Depths 8-16 126.96.36.199. MWinit um h Requirements 8-16 188.8.131.52. Minimum Depth Requirements (Roadways/Sidewalks) 8-17 184.108.40.206. Cleari ng and Grubbing 8-17 220.127.116.11.3. Excavations 8-18 18.104.22.168. Embankments 8-18 22.214.171.124. Gravel Base 8-18 126.96.36.199.Gr ense aded Crushed Stone for Roadway Base 8-19 188.8.131.52. Bituminous Concrete Pavement, Sidewalks, and Driveways 8-19 184.108.40.206. Sloped Granite Edging and Vertical Granite Curbing 8-20 220.127.116.11. Curbing and Edging 8-20 18.104.22.168. Cross Sections 8-20 22.214.171.124. Sidewalks on Existing Roadways 8-21 126.96.36.199.1. Width 8-21 188.8.131.52.2. Cleari ng and Grubbing 8-21 184.108.40.206.3. BitumPiouing 8-22 220.127.116.11.4. Grass Strips 8-22 18.104.22.168.5. Drainage 8-22 22.214.171.124. OnP-atrrkeet ing Regulations 8-22 8.5.5. Retaining Walls 8-23 8.5.6. Street Trees 8-23 8.5.7. Loaming and Seeding 8-24 8.5.8. Street Lights 8-25 126.96.36.199. oofcation Decorative Street Lights 8-25 8.5.9. Guard Rails 8-25 188.8.131.52. . . . . . . . . . . . . . . . . . . . . . . . . . . 8-25 184.108.40.206. 8-25 220.127.116.11. Wood Posts and Rails 8-25 18.104.22.168. Curb-cut Ramps 8-26 22.214.171.124. Crosswalks 8-27 8.5.10. Street Furniture 8-27 8.6. Reference to Additional Local Standards 8-27 vi APPENDIX A - SUPPLEMENTAL REQUIREMENTS Appendix o Norfolk Planning Board Fee Schedule A-1 o Earth Relocation/Removal A-4 o Bonding Procedure A-8 o Procedure for Reduction in Bonding A-9 See Volume II for the following: APPENDIX B - FORMS (Volume II) Not Numbered APPENDIX C - TYPICAL CROSS SECTIONS (Volume II) Not Numbered APPENDIX D - TYPICAL DETAILS (Volume II) Not Numbered APPENDIX B FORMS FORM DESCRIPTION A Application for Endorsement of Plan Believed Not To Require Approval A-1 Determination That Subdivision Approval Is Not Required A-2 Determination That Subdivision Approval Is Required B Application for Approval of A Preliminary Plan B-1 Certificate of Approval of A Preliminary Plan B-2 Certificate of Disapproval of A Preliminary Plan C Application for Approval of Definitive Subdivision Plan C-1 Certificate of Approval of A Definitive Plan C-2 Certificate of Approval With Modifications of A Definitive Plan C-3 Application for Approval of Modification to Approved Definitive Subdivision Plan C-4 Certificate of Disapproval of A Definitive Plan D Designer's Certificate E Certificate of Amendment, Modification or Rescission of Approval of Definitive Subdivision Plan F Covenant G-1 Performance Secured By Deposit Of Money G-2 Performance Secured By A Surety Company G-3 Performance Secured By A Bank Passbook G-4 Performance Secured By Lender's Agreement H Release of Lots K Subdivision Inspection Checklist L Conveyance of Easements And Utilities M-1 Control Form and Preliminary Plan Checklist M-2 Control Form and Definitive Plan Checklist N Request for Extension O Site Plan Approval Application and Checklist P Storm Drainage Flow Analysis vii APPENDIX C TYPICAL CROSS SECTIONS o 50 Foot Right of Way (See Sections 126.96.36.199. or 188.8.131.52.) o 60 Foot Right of Way (See Sections 184.108.40.206. or 220.127.116.11.) o 70 Foot Right of Way (See Sections 18.104.22.168. or 22.214.171.124.) APPENDIX D TYPICAL DETAILS/FIGURES Detail 1 Title Block and Signature Space Detail 2 Method of Setting Precast Concrete and Granite Edging Detail 2A Typical Granite Curb Inlet Detail 2B Granite Transition Curb Detail 3 Wheelchair Ramps for Sidewalk up to 8' Wide (See also ADA Requirements) Detail 4 Wheelchair Ramps for Sidewalk over 8' Wide (See also ADA Requirements) Detail 5 Precast Concrete Catch Basin Detail 6 Catch Basin Frame Detail 7 Massachusetts Cascade Grate Detail 8 Cascade Bar Design for Massachusetts Cascade Grate Detail 9 Frame for Massachusetts Cascade Grate Detail 10 Catch Basin Hood Detail 11 Precast Concrete Manhole 9 Feet or Less in Depth Detail 12 Special Manholes for 35" to 84" Diameter R.C. Pipe Detail 13 Manhole Frame and Cover Detail 14 Manhole Cover Detail 15 Concrete Collars Detail 16 Asphalt Coated Corrugated Steel Metal Pipe Detail 17 Concrete and Field Stone Masonry Ends for "8" to 30" Pipe Culvert Detail 18 Concrete and Field Stone Masonry Combination Ends for Pipes up to 30" Diameter Detail 19 Concrete and Field Stone Masonry Ends for 30" to 84" Pipe Culverts Detail 20 Reinforced Concrete Pipe Flared Ends Detail 21 Standard Metal End Detail 22 Low Retaining Walls Detail 23 Cemented Stone Masonry Wall Detail 24 Steel Beam Guard Rail with Wood Post Detail 25 Wood Post and Rail Guardrail Detail 26 Bounds Detail 27 Tree Wells Figure 28 Easement Locations in the Town Center Figure 29 Easement Locations - General Figure 30 Pedestrian Ways/Sidewalks in the Town Center Figure 31 Right of Way Widths and Alignments - Design Speed of 15 MPH Figure 32 Right of Way Widths and Alignments - Design Speed of 20 MPH Figure 33 Right of Way Widths and Alignments - Design Speed of 25 MPH Figure 34 Right of Way Widths and Alignments - Design Speed of 30 MPH Figure 35 Curb Radius Construction for Intersection of State and Local Roadways Figure 36 Frontage Road Location Figure 37 On-Street Parking Figure 38 Location of Street Trees and Street Lights Figure 39 Tree Grate and Tree Guard Figure 40 Decorative Street Light Figure 41 Crosswalk Markings Figure 42 Street Furniture Figure 43 Cul-de-sac Easement Detail All other details are in accordance with MHD Standard Specifications See also Board of Water Commissioners requirements/details viii RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND MASSACHUSETTS NORFOLK, INTRODUCTION (Adopted under the Subdivision Control Law Section 81-K to 81-GG inclusive Chapter 41, G.L.) SECTION 1.0 PURPOSE AND AUTHORITY 1.1. Purpose These subdivision regulations are adopted under the provisions of Chapter 41 of the General Laws consistent with the purpose of protecting the safety, convenience and welfare of the inhabitants of the Town of Norfolk by "regulating the laying out and con- struction 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 a planning board and a board of appeal under the subdivision control law 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 insuring compliance with the applicable zoning ordinances or bylaws; for securing adequate provision for water, sewerage, drainage and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdivisions". (MGL Chapter 41, Section 81-K) 1.2. Authority Under the authority vested in the Planning Board of the Town of Norfolk by Section 81-Q of Chapter 41 of the General Laws, said Board hereby adopts these amended rules and regulations governing the subdivision of land in the Town of Norfolk. Such rules and regulations as amended shall be effective on August 12, 2004. 1-1 SECTION 2.0 GENERAL 2.1. Definitions APPLICANT A person (as hereinafter defined) who applies for the approval of a plan of a subdivision (Section 3) or approval of a site plan (Section 7). "Applicant" shall include an owner, or his agent or representative, or his assigns. The Applicant may or may not be the Developer. AASHTO American Association of State Highway and Transportation Officials. BASE FLOOD The 'Base Flood Elevation' shall be the level of flooding having a one percent chance of being equaled or exceeded in any given year, as desig- nated 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's, Soil Conservation Service's, and Corps of Engineers studies. BENCH MARK A mark made in a durable non-growing object of known position and eleva- tion as a reference point. All benchmarks shall be referenced to the National Geodetic Vertical Datum (N.G.V.D.) 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 pur- poses. 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 subdivi- sion under a plan of a subdivision approved pursuant to Sec. 3 of these Rules and Regulations or a Site Plan in accordance with the provisions of Sec. 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. 2-1 ENDORSED BY Shall mean 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 to be recorded. FOOTPATH See WALKWAY. LOT See Town of Norfolk Zoning ByLaws for definition. 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 subse- quent 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 Section 40, Chapter 131, M.G.L., to be determined by the Building Commissioner, following consultation with the Conservation Commission. MONUMENT A permanent marker to indicate a boundary. MUNICIPAL Sanitary sewers, storm drains, water pipes, gas pipes, electrical lines, SERVICES telephone lines, cable tv system, fire alarm and similar systems and their respective appurtenances. (See Private & 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. PEDESTRIAN WAY A way providing public access for pedestrians near the right of way of an existing way, consisting of an easement of at least twenty feet, which is nor- mally parallel to the street. Pedestrian Ways are primarily designed and in- tended to be used by pedestrians for convenient circulation or access to schools, playgrounds, shopping, churches, transportation, parks, conservation areas and/or other facilities. See Sec. 8 for B1 and C1 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. PRELIMINARY PLAN A plan of a proposed subdivision or resubdivision of land prepared and duly submitted in accordance with Section 3.2. in order to facilitate preparation of a Definitive Plan. PLANNING BOARD Town employee or private consultant authorized by the Planning Board to REPRESENTATIVE/ review subdivisions and administer the regulations. AGENT 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, storm water drains and water pipes and their appurtenances, which may become the property or responsibility of the Town. RECORDED Recorded shall mean 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. (Section 81-L of Chapter 41 M.G.L). REGISTERED MAIL Registered or certified mail. 2-2 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 "Massachusetts Highway Department (MHD)" (formerly "The Common- SPECIFICATIONS wealth of Massachusetts, Department of Public Works), Standard Specifi- cations for Highways and Bridges", latest edition as amended. STREET See Town of Norfolk Zoning ByLaws for definition. PRIMARY A 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. SECONDARY A street which carries traffic equivalent to that generated by more than 7 but fewer than 50 dwelling units, and which is not capable of extension to serve more than 50 dwelling units. RESIDENTIAL A street which carries traffic equivalent to that generated by 7 or fewer dwelling units, and which is not capable of extensions. A cul-de-sac that cannot be extended. THROUGH A street with an outlet to more than one paved public way. 2-3 SUBDIVISION The division of a tract of land into two (2) or more lots and shall include re-subdivision, and, when appropriate to the context, shall relate to the pro- cess of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two (2) or more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided has a 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 (b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or (c) 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. 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 (1) of such buildings remains standing, shall not constitute a subdivision. (Section 81-L of Chapter 41, M.G.L.). SUBDIVISION The power of regulating the subdivision of land granted by the Subdivision CONTROL Control Law, Chapter 41, Sections 81- K through GG 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 pe- destrians for convenient circulation or access to schools, playgrounds, shopping, churches, transportation, parks, conservation areas and/or other facilities. See Sec. 8 for B1 and C1 requirements. 2-4 2.2. Access to Lots 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 Zoning Bylaws. 2.3. Regulation of New Subdivisions No person shall make a subdivision, within the meaning of the Subdivision Control Law, 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. (Section 81-O of Chapter 41, M.G.L.) P.e.pPration All plans submitted to the Board shall be prepared and stamped by a Massachu- setts Registered Professional Engineer and/or Land Surveyor, as appropriate. Form D, Designer's Certificate, shall be completed and submitted to the Board. 2.5. Application, Review and Inspection Fees See Appendix A for applicable Application, Review and Performance/Observation Inspection Fee Schedule. Review Fee Administration shall be as follows: 2.5.1. Reenuirelments 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 project’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 consul- tants engaged by the Board to assist in the review of an application, in accordance with c. 593 of the Acts of 1989. 2.5.2. Elniultants 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. 2.5.A.dmundistration Funds received by the Board pursuant to this section shall be deposited with the town Treasurer who shall establish a special account for this purpose. Expendi- tures 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 entitled "Client Group Account, Client Account Application - Certification of Taxpayer Identification Number". 2-5 2.5.E.xFunditures 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 the 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. 2.5.5. AdminA isrpiael 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 ten (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 for a period of not less than thirty (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
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