The following rules and regulations shall be effective on and after
January 14, 1997, and so remain until modified or amended by the Marblehead
Planning Board. No person shall subdivide land in the Town of Marblehead after
such effective date without first obtaining the Planning Board's approval
of the definitive plan for the proposed land subdivisions or an endorsement
titled "Approval Under Subdivision Control Law Not Required" upon a plan.
These subdivision rules and regulations are adopted for the purpose
of protecting the safety, convenience and welfare of the inhabitants of the
Town of Marblehead by regulating the laying out and construction of ways which
provide access to several lots within a subdivision but which have not become
public ways, and by ensuring sanitary conditions in subdivisions and, in some
cases, open space areas.
A.
The powers of the Planning Board and of the Board of
Appeals under the Subdivision Control Law shall be exercised with due regard
for:
(1)
The provision of adequate access to all of the lots in
a subdivision by ways that will be safe and convenient for travel;
(2)
Lessening congestion in such ways and in the adjacent
public ways;
(3)
Reducing danger to life and limb in the operation of
motor vehicles;
(4)
Securing safety in the case of fire, flood, panic and
other emergencies;
(6)
Securing adequate provision for water, sewerage, drainage,
underground utility services, fire, police and other similar municipal equipment,
and streetlighting and other requirements where necessary for a subdivision;
(7)
Coordinating the ways and utilities to and in neighboring
subdivisions for future street extensions; and
(8)
Providing access and drainage tie-ins to adjoining property
which is not yet subdivided.
B.
It is the intent of the Subdivision Control Law, under
which these regulations are adopted, that any subdivision plan filed with
the Planning Board shall receive the approval of such Board if said plan conforms
to the recommendation of the Town boards and to the reasonable rules and regulations
of the Planning Board pertaining to subdivision of land; provided, however,
that such Board may, when appropriate, waive, as provided in MGL c. 41, § 81R,
such portions of the rules and regulations as are deemed advisable and necessary.
(Reference: MGL c. 41, § 81M.)
These rules and regulations have been adopted under the authority vested
in the Marblehead Planning Board by MGL c. 41, § 81Q, as amended.
The Marblehead Planning Board shall be the agency responsible for administering
these rules and regulations and shall have all the powers assigned to it by
MGL c. 41, §§ 81K to 81GG.
As used in this chapter, the following terms shall have the meanings
indicated:
Those landowners directly abutting the land being subdivided, and
those landowners across the street from the land being subdivided, and those
landowners within 500 feet of any property line of land being subdivided.
An agent appointed by the Board, serving as the Board's representative
to advise the Board on matters relating to these rules and regulations and
construction of ways.
A person, including an owner or his representative, who applies for
the approval of a plan of a land subdivision.
The Planning Board of the Town of Marblehead, meaning a majority
of such.
The Board of Health of the Town of Marblehead, or its appointees.
The Board of Selectmen of the Town of Marblehead, or its appointees.
The General Laws of Massachusetts. In case of rearrangement of the
General Laws, any citation of particular sections of the General Laws shall
be applicable to the corresponding sections of the new codification.
The Superintendent of Streets and/or an agent of the Planning Board.
An area of land in one ownership, with definite boundaries, used
or set aside and available for use as the site of one or more buildings.
Those standards of design and construction written in the latest
editions of the Massachusetts Department of Public Works' Standards and Specifications
for Highways and Bridges and Construction Standards.
As applied to real estate, the person 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.
Land that is not buildable and/or land that is not and does not qualify
as a building lot.
Definitive plans and/or "approval not required" plans which require
endorsement as specified under the Subdivision Control Law, MGL c. 41, § 81X.
The original plans are then recorded at the Essex County Registry of Deeds
or registered at the Massachusetts Land Court.
An individual holding a valid (unexpired, unrevoked) registration
from the Commonwealth of Massachusetts Board of Registration of Professional
Engineers and Land Surveyors.
That portion of a way which is designed and prepared for safe vehicular
travel, also referred to as "street."
The applicant and/or owner and/or developer who intends to subdivide
and develop the property and construct all improvements included on the approved
definitive plan in accordance with the subdivision rules and regulations and
Planning Board conditions of approval.
The division of a tract of land into two or more lots, including resubdivision
and, when appropriate to the context, the process of subdivision or the land
or territory 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 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, or a way which the Town Clerk certifies is maintained
and used as a public way; or
A 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 Town in which the land lies, having (in the opinion of the 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 Town Zoning Bylaws for erection of a building on such lot.[1]
Conveyances or other instruments adding to, taking away from, or changing
the size and shape of lots in such a manner as to leave any lot without the
frontage set forth above, 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 Town of Marblehead into separate lots on each of which one of
such buildings remains standing, shall not constitute a subdivision. (Reference:
MGL c. 41, § 81L.)
General Laws c. 41, §§ 81K to 81GG inclusive, and
any amendments thereof, additions thereto or substitutions thereof.
The Town of Marblehead.
The full strip of land designated as a way, consisting of the roadway,
utilities, planting strips and sidewalks. A way so designated shall be available
only for such uses as are customary for ways in the Town and shall not be
available for any private uses, such as the construction of buildings, fuel
tanks, septic tanks, fences or walls.
No person shall proceed with the improvement of land for the sale of
lots in a subdivision, or the construction of ways, or preparation thereof,
or the installation of utility and municipal services therein, unless and
until a definitive plan of such subdivision has been submitted, approved and
endorsed by the Planning Board as hereinafter provided.
A.
The Planning Board will not approve any plan of a subdivision
of land unless all buildings, structures, lots and other proposals shown on
said plan comply with the Zoning Bylaws in existence at the time of application,
unless a special permit from the terms thereof has been properly granted.[1]
B.
The Board may assign as its agents appropriate Town agencies
or officials and may from time to time have professional assistance, at the
cost of the applicant, to review any subdivision plans and inspect improvements
during and after construction of said improvements. These costs incurred for
plan review shall be paid in full by the applicant prior to endorsement of
the plan. Costs incurred for construction inspection shall be paid in full
by the subdivider prior to release of the performance guarantee.
C.
The Board may adopt and from time to time amend reasonable
fees and fee regulations for the administration of these rules and regulations.
D.
These rules and 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.
E.
Plans intended for review at a regular meeting of the
Board shall be filed with the Town Clerk during regular office hours and forwarded
to the Board prior to such meeting. The day of filing with the Town Clerk
shall be deemed the date of submission for all plans, except that the date
of mailing shall be deemed the date of submission for definitive plans sent
by registered mail to the Board in care of the Town Clerk. Plans shall not
be considered "submitted" until all required documentation has been received.
If any notice of plan submission is given by delivery to the Town Clerk, the
Town Clerk shall give written receipt thereof to the applicant, if requested.
F.
The official in the Town of Marblehead authorized to
issue building permits shall not issue any permit for the erection of a building
until first satisfied that:
(1)
The subject lot is not within a subdivision; or
(2)
The subject lot is on a way which furnishes access to
the subject lot as required by the Subdivision Control Law and as shown on
a plan entitled to be recorded under MGL c. 41, § 81X, and that
any condition endorsed thereon limiting the right to erect or maintain buildings
on such lot has been satisfied, or waived by the Board, in the event that
the Board has by rule or regulation required that not more than one building
for dwelling purposes be erected or placed or converted to use as such on
any lot without its consent, until satisfied that such consent has been obtained.
No building permit within a subdivision shall be issued without the written
permission from the Board releasing the lot for the erection of a building.
G.
All plans so submitted (except preliminary plans) shall
be accurate representations of actual field surveys that conform to Technical
Standards for Property Surveys as adopted by the American Congress on Mapping
and Surveying and endorsed by the Commonwealth of Massachusetts Board of Registration
of Professional Engineers and of Land Surveyors.
H.
Strict compliance with the requirements of these subdivision
rules and regulations may be waived when, in the judgment of the Board, such
action is in the public interest and not inconsistent with the Subdivision
Control Law. All plans and all procedures shall in all respects comply with
the provisions of these rules and regulations, unless the Board authorizes
a variation therefrom in specified instances.
I.
When the applicant is seeking waivers to these rules
and regulations, the applicant shall present a separate letter requesting
such waivers to the Board at the time of application. The list of waivers
shall also be printed on the plan next to the Board's signature block.
J.
Any part of these rules and regulations subsequently
invalidated by a new federal or state law or modification of an existing federal
or state law shall automatically be brought into conformity with the new or
amended law and shall be deemed to be effective immediately, without recourse
to a public hearing and the customary procedures for amendment or repeal of
such regulations.
K.
If any section, paragraph, clause, sentence or provision
of these rules and regulations shall be adjudged not valid, the adjudication
shall apply only to the material so adjudged and the remainder of these rules
and regulations shall be deemed to remain valid and effective.
L.
For matters not covered by these rules and regulations,
reference is made to MGL c. 41, §§ 81K to 81GG, inclusive,
as amended.
M.
Within 30 days after the return of an approved plan,
the applicant shall cause to be recorded in Essex County Registry of Deeds,
and in the case of registered land with the Recorder of Land Court, a copy
of the approved definitive plan and accompanying conditions of approval, covenants
and agreements, if any. Following plan approval, endorsement, and recording,
the applicant shall provide the Board with a set of reproducible plans (mylars
or sepias), and one set of prints of all plans, and one copy of final covenants
and restrictions (noting book, page number and date of recording of each or,
in the case of registered documents, Land Court certificate numbers), proving
that recording (registration) was accomplished. Applicant shall follow those
procedures for recording specified under MGL c. 41, § 81X.
N.
Failure to comply with the procedural and other requirements
of these rules and regulations may result in the rescission of the approval
given hereunder by the Board.
