Words and terms used herein shall have the meanings assigned to them in the Subdivision Control Law, MGL c. 41 and in the Southborough Zoning Bylaw.[1] In addition, unless the context unequivocally indicates otherwise, the meaning of the following words and terms shall be as defined herein:
APPLICANT
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person who applies under § 244-3. "Applicant" shall include an owner or his agent or representative or his assigns.
BOARD
The Planning Board of the Town of Southborough.
DEVELOPER
A person (as hereinafter defined) to whom approval of a plan of a subdivision has been granted under Article III of these rules and regulations.
GENERAL LAWS (ABBREVIATED MGL)
The General Laws of Massachusetts. In case of a rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification.
LOT
An area of land in one common ownership, with definite boundaries ascertainable of record and used, or set aside and available for use, as the site of one or more buildings and buildings accessory thereto.
MUNICIPAL SERVICES
Sewers, water drains, water pipes, gas pipes, electrical lines, telephone lines, fire alarm system, guardrails, shade trees, street signs, boundary markers and their respective appurtenances.
OWNER
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.
PERSON
An individual or two or more individuals or a group of association of individuals, a partnership or a corporation having common or undivided interests in a tract of land.
PRELIMINARY PLAN
A plan of a proposed subdivision or resubdivision of land drawn on tracing paper, or a print thereof, showing the subdivision name, boundaries, North point, date, scale, legend and title "Preliminary Plan"; the names of the record owner and the applicant and the name of the designer, engineer or surveyor; the names of all abutters, as determined from the most recent local tax list; the existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner; the proposed system of drainage, including adjacent existing natural waterways in a general manner; the approximate boundary lines of proposed lots, with approximate areas and dimensions; the names, approximate location and widths of adjacent streets; the topography of the land in a general manner. A "preliminary plan" is not recordable.
PLAN OR DEFINITIVE PLAN
The complete plans of a subdivision, as submitted with all required exhibits and the completed application and fees to the Board for approval and endorsement, to be recorded upon such endorsement in the registry of deeds or filed with the Land Court, as distinguished from a preliminary plan.
ROADWAY
That portion of a street or way which is designed and prepared or used for vehicular travel: may also be referred to as the "traveled way" or "pavement."
STREET OR WAY
A strip of land dedicated to use as a public thoroughfare, including a public way laid out and accepted by a public authority or which the Town Clerk certifies is used and maintained as a public way, or a way laid out on a definitive subdivision plan theretofore approved and endorsed under the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective in Southborough and having in the opinion of the Planning Board adequate width, construction and grades for the needs of the existing and future buildings and uses abutting thereon or to be served thereby.
STREET, COLLECTOR
A street which carries or can be expected to carry vehicular traffic originating in another street or streets, or streets expected to carry at least 2,000 vehicles average daily traffic.
STREET, LOCAL RESIDENTIAL
A street expected to serve more than eight but fewer than 50 dwelling units, no nonresidentially zoned land, and to carry no significant through traffic.
STREET, MAJOR COMMERCIAL COLLECTOR OR ARTERIAL
A street expected to have an estimated average daily traffic volume in excess of 5,000 trips.
STREET, MAJOR RESIDENTIAL OR MINOR COMMERCIAL COLLECTOR
A street expected to serve more than 200 dwelling units and/or nonresidentially zoned land and to have an estimated daily traffic volume of fewer than 5,000 trips.
STREET, MINOR RESIDENTIAL
A relatively short street expected to have no through traffic and to serve no more than eight dwelling units and no nonresidentially zoned land.
STREET, MINOR RESIDENTIAL COLLECTOR
A street expected to serve more than 50 but fewer than 200 dwelling units and no nonresidentially zoned land.
SUBDIVISION
The process of dividing or resubdividing a tract of land into two or more lots, or the land being subdivided, provided that a division of land into two or more lots shall not be deemed to constitute a "subdivision" if every lot created or altered thereby has the frontage required by the Southborough Zoning Bylaw on a street or way as defined therein and by these Rules and Regulations. Conveyances or other instruments adding to, taking away from or changing the size or shape of lots in such a manner as not to leave any lot so affected without the frontage set forth above, or the division of a tract of land on which two or more nonaccessory buildings were lawfully standing when the Subdivision Control Law went into effect in Southborough into separate lots on each of which one of such buildings remains standing, shall not constitute a "subdivision."
SUBMITTED
Plans and applications shall be deemed "submitted" when delivered at a meeting of the Board or when sent by registered mail to the Planning Board, care of the Town Clerk; and if so mailed, the date of mailing shall be the date of submission (MGL c. 41, § 81O).
TOWN
Unless otherwise stated, "Town" shall mean the Town of Southborough, and references to Town officials, boards and the like shall mean those of the Town of Southborough.
[1]
Editor's Note: See Ch. 174, Zoning.
A. 
Submission of plan.
(1) 
Any person who wishes to cause to be recorded in the registry of deeds or to be filed with the Land Court a plan of land and who believes that such a plan does not require approval under the Subdivision Control Law may submit the original drawing and three contact prints and a properly executed Form A (see Appendix A)[1] to the Planning Board, accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination, accompanied by a copy of said application and describing the land to which the plan relates sufficiently for identification. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor.
[1]
Editor's Note: Appendix A is on file in the Town offices.
(2) 
The material, manner of execution, contents and dimensions of said plan shall conform to the requirements of the registry of deeds or the Land Court for plans to be recorded, provided that the plan shall be not smaller than 8 1/2 inches by 11 inches nor larger than 24 inches by 36 inches, and shall contain the following information:
(a) 
Identification of the plan by name of owner of record and location of the land in question.
(b) 
Plans shall be prepared by a professional land surveyor or registered civil engineer.
(c) 
The statement "Approval Under Subdivision Control Law Not Required," and sufficient space for the date and the signatures of all five members of the Board and for an explanatory statement as to why approval is not required.
(d) 
Zoning classification and location of any zoning district boundaries within the locus of the plan, and including a North arrow.
(e) 
The boundaries of all lots newly established, changed by the plan or to be recorded without change, including any remaining land, and the dimensions of the required street frontage for every lot. The frontage street shall be identified by name.
(f) 
Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances and exceptions regarding the land or any buildings thereon.
(g) 
Abutters from latest available Assessors' records, unless the applicant has knowledge of any changes subsequent to the latest available Assessors' records.
(h) 
All existing above- and belowground structures and streams and wetlands.
B. 
Endorsement of plan not requiring approval.
(1) 
If the Planning Board determines that the plan does not require approval, it shall without a public hearing forthwith endorse on the plan the words "Approval Under the Subdivision Control Law Not Required."
(2) 
The Planning Board may add to such endorsement a statement of the reason approval is not required. Within 14 days of the date of plan submission, the plan shall be returned to the applicant, and the Planning Board shall notify the Town Clerk in writing of its action.
C. 
Determination that plan requires approval. If the Planning Board determines that the plan does require approval under the Subdivision Control Law, it shall, within 14 days of the submission of the plan, so notify the Town Clerk and the applicant in writing and return the plan.
D. 
Failure of Board to Act. If the Planning Board fails to act upon a plan submitted under this section or fails to notify the Town Clerk and the person submitting the plan of its action within 14 days after its submission, the Board shall be deemed to have determined that approval under the Subdivision Control Law is not required, and it shall forthwith make such endorsement on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect.
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 for sale of lots in a subdivision, or the construction of ways, or preparation therefor, or the installation of utilities and municipal services therein, unless and until a definitive plan of such subdivision has been submitted and approved by the Planning Board as hereinafter provided.
A. 
The Board assumes all information provided to be true and correct, unless evidence is offered or the Board has knowledge that this is not the case. A subsequent discovery or determination that the Board had acted on the basis of incorrect information will justify a rescission of plan approval in addition to other remedies and penalties provided by law. The responsibility for the presentation of complete and correct information lies with the applicant.
B. 
If the land shown on the plan is abutted by land of another owner, the Board may require a statement from the person who prepared the plan as to the source or sources of the information about the location of boundaries. A separate form for such statement will be furnished by the Board, Form D, Designer's Certificate (Appendix D).[1]
[1]
Editor's Note: Appendix D is on file in the Town offices.
Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lots in a subdivision, or elsewhere in the Town, without the consent of the Planning Board. Such consent may be conditional upon the provision of adequate ways furnishing access to each such building and adequate improvements in the same manner as otherwise required for lots within a subdivision.
To reimburse the Town for the cost of plan processing and review, legal advertising, inspection and other costs, filing and processing fees as specified in Appendix M[1] shall be tendered together with the application (Forms A, B or C)[2] and constitute a part thereof. If a definitive plan follows closely the layout shown on a preliminary plan and is submitted within seven months of the preliminary plan submittal, the required definitive plan fee shall be reduced by the amount of the preliminary plan fee.
[1]
Editor's Note: Appendix M is on file in the Town offices.
[2]
Editor's Note: Forms A, B and C are on file in the Town offices.
A. 
General. Plans shall be endorsed as not requiring approval under the Subdivision Control Law and subdivision plans shall be approved only if each building lot to be created by such plan has adequate access as intended under the Subdivision Control Law, MGL c. 41, §§ 81K through 81GG.
B. 
Standards of adequacy. Streets within a subdivision shall be considered to provide adequate access if and only if complying with the standards established in these regulations. Ways providing access to streets within a subdivision shall normally be considered to provide adequate access only if there is assurance that prior to construction on any lots, access to the subdivision will be in compliance with the right-of-way width, pavement width, maximum grade and sight distance requirements of these regulations as applicable to ways within a subdivision.
C. 
Obligations. The Board may require, as a condition of its approval of a subdivision plan, that the developer dedicate or acquire and dedicate a strip of land for the purpose of widening access ways to a width as required above, and that he either make physical improvements within such way or compensate the Town for the cost of such improvements in order to meet the standards specified above.
D. 
Waivers. The Board may waive strict compliance with these access requirements only upon its determination, following consultation with the Select Board, Highway Superintendent, Police Chief and Fire Chief, that the way in fact will be sufficient to serve the needs for access to serve potential uses of land abutting on or served by the way in question, and that alteration to existing ways in order to meet these standards would not be in the public interest because of environmental damage or unwarranted expense.