[1]
For law of the Commonwealth as to subdivision control law,
see G. L., C. 41, §§ 81K to 81GG.
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.
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)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
[1]
See G. L., C. 80.
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.
