City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents
For law of the Commonwealth as to subdivision control law, see G. L., C. 41, §§ 81K to 81GG.

Sec. 22-1 Submission of proposed plan to planning board; approval of streets by board does not constitute acceptance.

Proposed subdivision shall be submitted to the planning board in accordance with the provision of General laws, chapter 41, section 810. The approval of subdivision and the layout of streets or ways therein shall be in accordance with rules and regulations adopted by the planning board. Approval of the subdivision plat by the planning board does not constitute the acceptance of the streets or ways as shown on such plat as public streets or ways. After the approval of a subdivision plat by the planning board, the city council may accept the streets or ways within such plat as public streets or ways in accordance with the provisions of this chapter.

Sec. 22-2 Conditions of acceptance of streets as public streets.

A street or way in an approved subdivision may be laid out or accepted as a public street under the provisions of the Betterment Act,[1] provided that the following conditions are complied with:
A petition for the laying out or acceptance thereof, signed by the owner of not less than two-thirds of the linear frontage abutting on such street or way, shall be presented to the city council, requesting that such street or way be laid out or accepted as a public street or way, under the Betterment Act and stipulating in appropriate form that such action will be subject to the provisions of that act.
Before voting that such streets be laid out or accepted, the city council shall have determined that, by reason of the doing of the work required to bring such street or way into conformity with the requirements set up in this section and, by reason of such acceptance, the land areas of the abutters thereon receives benefit or advantage, other than the general advantage to the city, in an amount equal to one-half of the cost of the improvements in the doing of such work.
Before voting that such street be laid out or accepted, the city council shall have further determined that the doing of the work required as aforesaid will not involve the taking of land.
In the event it is determined to lay out or accept a street or way in accordance with this section, such work and construction shall be done on the street or way as is required to bring it into substantial conformity with the specification established by the department of public works, and one-half the total cost of such construction shall be borne by the city, and the remaining one-half of such cost shall be apportioned between the abutting property owners in accordance with the linear frontage owned by each; provided, however, that if the provisions of this section as to apportionment of cost are not in accordance with the provisions of chapter 80 of the General Laws, the provisions of such chapter shall prevail.
The order laying out or accepting the street shall contain a statement in accordance with section 1 chapter 80 of the General Laws, that betterments are to be assessed by reason of such laying out or acceptance, and shall contain a description of the area to be affected, and an estimate of the betterments to be assessed, and shall refer to a plan of such area, all in accordance with section 2 of chapter 80. All proceedings thereafter shall be in accordance with, and subject to, the provisions of chapter 80.
See G. L., C. 80.

Sec. 22-3 Streets constructed on private land.

No street or way constructed on private lands by any person or corporation other than the city shall be laid out or accepted as a public street or way by the city council, unless approved by the planning board as a part of a new subdivision plat in accordance with the rules and regulations promulgated by the planning board, and unless constructed and completed in accordance with specifications promulgated by the department of public works.