Town of Essex, MA - Subdivision Rules & Regulations

The Rules and Regulations Governing the Subdivision of Land, Town of Essex, Massachusetts, have been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of Essex by regulating the laying out and construction 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 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 provisions of the zoning bylaw; for securing adequate provision for water, sewage, drainage, underground utilities, 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 town and with the ways in neighboring subdivisions.

Under the authority vested in the Planning Board by SECTION 81-Q of Chapter 41 of the General Laws of Massachusetts, as amended, said Board duly adopted these Rules and Regulations Governing the Subdivision of Land on August 5, 1981. Such Rules and Regulations shall be effective immediately upon transmission of certified copies thereof to the Register of Deeds and Recorder of Land Court pursuant to said SECTION 81-Q.

Strict compliance with the requirements of these Rules and Regulations may be waived when, in the judgment of said Board, such action is in the public interest and not inconsistent with the Subdivision Contract Law, provided that a written record of any such waiver, reciting the reasons therefore, shall be kept by the Board.

For the purposes of these RULES AND REGULATIONS, the terms and words defined in the SUBDIVISION CONTROL LAW shall have the meaning given therein, unless a contrary intention clearly appears in these definitions. The following other terms and words are defined as follows:

The owner of land which is the subject of an application of approval of a plan hereunder, or his agent or his representative or his assigns, provided that in the case of any such agent, representative or assign, written evidence of such status, in a form acceptable to the board, must accompany any such application.

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 designated on Federal Insurance Administration (FIA) maps, if any, or in the absence of such designation, to be determined by the Planning Board based upon the best available information regarding flood hazards, including any available United States Geologic Survey, Soil Conservation Service, and Corps of Engineers studies.

For purposes of determining whether a proposed division of lots is a subdivision, a way in existence as of March 29, 1954 when subdivision law was locally adopted shall not be deemed adequate by the Board except if it meets standards in SECTION 3.05.

The division of a tract of land into two or more lots, including resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided; provided 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:

No person shall make a subdivision within the meaning of the SUBDIVISION CONTROL LAW of any land within the Town, or proceed with the improvements or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a plan has been endorsed “Planning Board Approval Not Required” or a Definitive Plan of such subdivision has been submitted to and approved by the Board.

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 lot in a subdivision without the consent of the Board, and such consent may be made conditional upon the providing of adequate way furnishing access to each site for such building, in the same manner as otherwise required for lots within a subdivision.

The recording of a plan of subdivision within the Town in the Essex South District Registry of Deeds prior to the effective date of the SUBDIVISION CONTROL LAW in the Town shall not exempt the land within such subdivision from the application and operation of these Rules and Regulations except as specifically exempt by SECTION 81, CHAPTER 41 of the General Laws.

No plan shall be endorsed as not requiring approval under the Subdivision Control Law and no subdivision plan shall be approved unless each building lot to be created by such plan has adequate access as intended under the Subdivision Control Law, Chapter 41,G.L., Section 81-K through 81-GG.

Standards of adequacy for streets within a subdivision are contained in other parts of the Subdivision Regulations. Ways providing access by which subdivision is reached or providing access to lots said not to be within a subdivision shall be considered adequate for creation of lots only if one or more of the following are true:

the Planning Board determines, following consultation with the Police Chief, Fire Chief, and Board of Selectmen, that because of unusual circumstances, the way in fact will be sufficient to serve potential uses of land abutting on or served by the way in question, despite satisfying neither (a) nor (b) above.

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 improvements necessary to meet the standards specified above.

Any person who wished 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 his plan does not require approval under the Subdivision Control Law, may submit his plan in triplicate with Application Form A to the Board at a regularly scheduled meeting of the Board, accompanied by the necessary evidence to show that the plan does not require approval.

The plan shall be submitted by delivery at a regularly scheduled meeting of the Board or by certified mail, postage prepaid, to the Board, provided that if so mailed, the date of submission thereof shall be deemed to be the date of the Board’s next regularly scheduled meeting following its receipt of the plan, or in the case of such receipt on the date of a regularly scheduled meeting of the Board, the date of receipt. In addition, written notice of such submission using Application Form A shall be given by the applicant to the Town Clerk by delivery or by registered mail, postage prepaid. If notice is given by delivery, the Town Clerk shall, if requested, give a written receipt to the person who delivered such notice.

If the Board determines that the plan does not require approval, it shall forthwith, without a public hearing and within 14 days of the date of its submission, endorse on the plan by a majority of the Board the words “Planning Board approval under Subdivision Control Law not required” or words of similar import with appropriate name or names signed thereto. Such endorsement shall not be withheld unless such plan shows subdivision. Said plan shall be returned to the applicant and the Board shall notify the Town Clerk of its action in writing.

If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within 14 days of the date of submission of said plan, give written notice of its determination to the Town Clerk and to the applicant. Said plan shall be returned to the applicant.

If the Board fails to act upon the plan or fails to notify the Town Clerk and the applicant of its action within 14 days after the date of its submission, it shall be deemed to have determined that approval under the Subdivision Control Law is not required, and the Board 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. The plan bearing such endorsement or the plan and such certificate, as the case may be, shall be delivered by the Board, or in the case of the certificate, by the Town Clerk, to the applicant.

by the Board. The submission of such a Preliminary Plan will enable the subdivider, the Board, and other municipal agencies to discuss and clarify the problems of such subdivision before a Definitive Plan is prepared. Therefore, it is strongly recommended that a Preliminary Plan be filed in every case.

Board, provided that if so mailed, the date of submission thereof shall be deemed to be the date of the Board’s next regularly scheduled meeting following the receipt of the Preliminary Plan, or in the case of such receipt on the date of a regularly scheduled meeting of the Board, the date of receipt. In addition, written notice of such submission using an addition application in the form of Form B shall be given by the applicant to the Town Clerk by delivery or by certified mail, postage prepaid. If notice is given by delivery, the Town Clerk shall, if requested, give a written receipt to the person who delivered such notice.

By 36 inches with pencil at a scale of 1” = 100’ and ten (10) prints shall be filed at the office of the Board. Said Preliminary Plan shall show sufficient information about the subdivision to form a clear basis for discussion of its problems and for the preparation of the Definitive Plan. Such information shall include the following:

i) Proposed system of drainage, including the location of all swamp, marsh and lowland, water bodies, streams, open drains and ditches, natural or man-made, and flowage rights, public and private, adjacent to or within the proposed subdivision, in a general manner.

Action by the Board: The Preliminary Plan will be studied by the Board and within Sixty (60) Days after the date of the submission to the Board shall approve, approve with modifications suggested by the Board or agreed upon by the person submitting the Plan, or disapprove the Preliminary Plan. Disapproval by the Board will be accompanied by a detailed statement of reasons for the action.

Approval of a Preliminary Plan does not constitute approval of a subdivision, and a Preliminary Plan cannot be recorded in the Registry of Deeds. If a Definitive Plan is duly submitted within seven months from the date of submission of the Preliminary Plan, and if the Definitive Plan is duly approved by the Board, the subdivision Rules and Regulations in effect at the time of submission of the Preliminary Plan shall govern approval of the Definitive Plan. If the Definitive Plan is so approved, the zoning provisions in effect at the time of the submission of the Preliminary Plan shall govern the land shown on the plan for eight years from the date of the Board’s endorsement of the subdivision plan.

language or any easements, covenants or added restrictions applying or proposed to apply to the area being subdivided, rights and easements obtained for utilities or drainage outside of the subdivision, description or erosion control methods to be employed, and cross sections of proposed streets at critical locations showing existing and proposed grade for the width of the right-of-way plus twenty-five (25) feet on each side.

j) A list of names and mailing addresses for all abutters as they appear on the most recent local tax list, including property owners on the opposite side of any streets abutting the subdivision, verified by a representative of the Board of Assessors.

The Definitive Plan (together with other Definitive Plan Submissions) shall be submitted by delivery at a regularly scheduled meeting of the Board or by certified mail, postage prepaid, to the Board, provided that if so mailed, the date of submission of the Definitive Plan shall be deemed to be the date of the Board’s next regularly scheduled meeting following the receipt of the Definitive Plan Submission, or in the case of such receipt on the date of a regularly scheduled meeting of the Board, the date of receipt.

Paragraph Two of this Section 6.01, written notice of such submission using an additional application in the form of Form D shall be given by the applicant to the Town Clerk by delivery or by certified mail, postage prepaid. If notice is given by delivery, the Town Clerk shall, if requested, give a written receipt to the person who delivered such notice. Further, within ten (10) days of such submission, the applicant shall file one (1) copy each of the Definitive Plan Submissions with the following officers, agencies and boards for their review and recommendation, together with a checklist for comments by the reviewing entity in the form of Form E hereto:

With respect to such transmittals, the applicant shall request and the reviewing entity shall give a written acknowledgement of receipt, in a form acceptable to the Board, and the applicant shall forthwith file such acknowledgements of receipt with the Board for its records.

Except for the Board of Health which shall report to the Board within forty-five (45) days after receipt of the Definitive Plan Submissions, all other officers, agencies and boards receiving a Definitive Plan for review shall, within thirty-five (35) days after receipt of such plan, report to the Board, in writing, their findings and recommendations. Such report may be submitted in the form of Form F, or by written report. Failure of any officer, agency or board to make a report to the Board within thirty-five (35) days after receipt of the Definitive Plan shall be recorded in the minutes of the Board as “no comment” by such reviewing entity.

Any report submitted to the Board by a reviewing officer, agency or board shall be considered by the Board in making its decision of Definitive Plan. The Board may also request any officer, agency or board to jointly review the Definitive Plan with the Board and/or to provide information regarding the Definitive Plan at the public hearing.

The Board shall assure that a copy of any report submitted to the Board by any reviewing officer, agency or board with respect to a Definitive Plan shall be sent to the applicant. The Board shall, whenever possible, submit a copy of such report to the applicant before the public hearing on the Definitive Plan. In all cases, the Board shall submit a copy of any such report to the applicant before taking final action of the Definitive Plan.

Name and address of record owner and of subdivider, stamp and signature of Registered Land Surveyor and any other professionals engaged in the design, In each case certifying that elements of the plan for which they are responsible have been prepared in accordance with these Rules and Regulations;

division, areas outside the subdivision which drain into it, and the route, for all existing and proposed drainage discharging from the subdivision, to the primary receiving watercourse or other body of water. Calculations shall be figure on the modified soil cover complex method, unless the Board agrees to some other method, using a ten (10) year storm frequency for street drainage and a fifty (50) year storm frequency for cross culverts. Cross sections of each drainage ditch or pond shall be included.

Size and location of existing and proposed water supply mains and their appurtenances, hydrants, sewer pipes and their appurtenances, and/or sewage disposal systems, storm drains and their appurtenances, and easements pertinent thereto, and curbs and curb dimensions, including data on borings and solid test pits, and methods of carrying water to the nearest watercourse or easements for drainage as needed, whether or not within the subdivision.

If surface water drains will discharge onto adjacent existing streets or onto adjacent properties not owned by the applicant, the applicant shall clearly indicate what course the discharge will take, and shall present to the Board evidence from the Department of Public Works or the owner of adjacent property that such discharge is satisfactory and permitted by public or private ownership of adjacent street or property.

For each street there shall be a separate plan at 1” = 40’ and profile at 1” = 40’ horizontal, 1” = 4’ vertical, elevations referenced to the Town datum, drawn in India ink on tracing cloth or in pencil on polyester film, showing the following data:

Board of Health: The Board of Health shall within 45 days of the date ofsubmission of a Definitive Plan report to the Board in writing with signatures of a majority of its members its approval or disapproval of the plaln, as required by Section 81U, Chapter 41, G.L. If the Board of Health disapproves said plan, it shall make specific findings as to which, if any, of the lots shown on such plan cannot be used for building sites without injury to the public health, and include such specific findings and the reasons therefore in such report, and where possible, shall make recommendations for the adjustment thereof. In the event of any such disapproval by the Board of Health, approval of the plan by the Board shall only be given provided that the applicant documents having reviewed his plan with the Board of Health, and only on condition that the lots or land disapproved by the Board of Health shall not be built upon without prior consent of the Board of Health. The Board shall endorse on such condition, specifying the lots or land as to which the condition applies.

Board approval of the Definitive Plan either that the Conservation Commission has determined that the Wetlands Protection Act is not applicable to the proposed layout and construct showing on the Definitive Plan or that he has filed a Notice of Intent with the Commission. Concurrent review by the Conservation Commission and Planning Board is recommended, to be exercised at the applicant’s option.

determine compliance with the requirements or intent of these rules and regulations, the Board may require specialized engineering or environmental analyses to be performed at the expense of the applicant. Any outside consultants shall be employed in accordance with the guidelines set forth in

Following such action, the Board will file a certificate of its action with the Town Clerk and will send notice of its action by registered or certified mail to the applicant at his address stated in the application, all in accordance with the laws of the Commonwealth.

The applicant shall either file a surety company performance bond or a deposit of money or negotiable securities in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements as shown on the Definitive Plan as specified in the design and construction standards not covered by a covenant below. Such bond or security, if filed or deposited, shall be approve as to form and manner of execution by the Town Counsel and as to sureties by the Town Accountant and shall be contingent on the completion of such improvements within three years of the date of the bond. The form of the bond shall be a required by the Board. At the discretion of the Board, a time extension may be granted for a period not to exceed one (1) year, provided that such and extension may be conditioned upon an increase in the amount of such bond or security as determined by the Board.

Alternatively, the owner, at the Board’s request, shall execute an appropriate covenant which shall be recorded with the subdivision plan, stipulating that no lot of the land shown on the plan shall be sold, or buildings or other structures erected or placed on, or application for a building permit made with respect to, and such lot until:

e) The owner has recorded in the Essex South District Registry of Deeds or with the Recorder of the Land Court a certificate of release from the Board indicating that the conditions set forth in clauses indicating that the conditions set forth in clauses (a) to (d) inclusive of this section have been met. In addition, the owner shall covenant that no Building Certificates of Use and Occupancy shall be applied for until streets serving such building have been surfaced with at least a 1-1/2” binder course of bituminous concrete.

Following plan approval, endorsement, and re-cording, the applicant shall provide the Board with one polyester film reproducible and five prints of the Definitive Plan and one copy of final covenants and restrictions, noting book, page number, and date of recording for each; and one polyester film reproducible and five prints of the Street Plans and Profiles. One copy of the Definitive Plan shall be transmitted to the Inspector of Buildings by the Planning Board.

and request for release by registered mail to the Board and to the Town Clerk. Release will be granted only following written approval by the Board and any other town officials concerned with the work performed. Copies of release from covenants or agreements regarding building or use and occupancy permits shall be sent by the Board to the Inspector of Buildings.

for partial completion of improvements, provided that the completed portion provides a reasonable system for circulation and utilities pending completion of the rest, and provided that appropriate arrangements have been made for later disposition of such interim facilities as temporary turn-arounds.

The Board shall retain security in an amount equal to at least 10% (ten percent) of the total cost of improvements until the integrity of road pavement and drainage has been verified following a full winter in place, and an amount equal to at least 5% (five percent) of the total cost until vegetation has been established, and the fee has be conveyed to the Town or three years have elapsed since completion of the improvements.

e) Rescission. Failure of the applicant to record the Definitive Plan within six months of its endorsement, to comply with the construction schedule incorporated into the performance agreement, or to initiate construction of improvements or sell lots in a subdivision or portion thereof within five years of the approval of the Definitive Plan, or to comply with all applicable zoning or other ordinance or bylaw and requirements of the Conservation Commission under the Wetland Protection Act, or unauthorized departure from any agreements made or plans submitted, whether or not at the direction of other public agencies, shall constitute reason for the Board to consider recission of such approval, in accordance with the requirements and procedures of Section 81W, ch. 41, G.L.

b) Ownership of Ways and Easements. The owner on whose behalf the Definitive Plan was submitted shall retain title to the fee of each street, path, or easement in or appurtenant to the subdivision until conveyed to the Town and shall maintain and repair the roads and drainage facilities in a manner satisfactory to the Board during that period. Notation that fee is to be retained shall be placed on the Definitive Plan.

Prior to final release of security, the owner on whose behalf the Definitive Plan was submitted shall submit all necessary documentation for approval of the street by the Board, including plans in form acceptable to the Essex South Distrect Registry of Deeds, legal description, easements, list of owners and mortgagees of lots having rights in the street, and any grants of rights necessary.

c) Completion Within Three Years. The Board may decline to approve any plan unless the applicant agrees to complete the ways shown thereon and install the public utilities aforesaid within three years of the date of approval. If the ways in any subdivision are not complete and the utilities aforesaid are not installed within the time so agreed to by the applicant or so required by the Board, the Board’s approval of the Definitive Plan shall lapse, and no such way shall thereafter be laid out, constructed, completed or opened for public use unless and until a new application and Definitive Plan in accordance with the then in effect Rules and Regulations is filed with and approved by the Board.

d) As Built Plans. Upon completion of construction , and before release of the performance guarantee, the applicant shall have prepared and submitted As-Built Plans at the same scale as the street plans, which shall indicate the actual location of all of the following:

All standards in this Section 7 shall be considered minimum standards and may be varied from or waived where the Board considers that alternate conditions will serve substantially the same objective. A written explanation of all waivers shall be maintained in the files, with the reasons therefor.

Where a subdivision is traversed by a water course, drainage way, channel or stream, the Board shall require a storm water easement or drainage right-of-way of adequate width and proper side slope as determined by the Town Department of Public Works to conform substantially to the lines of such water course, drainage way, channel or stream and to provide for construction or other necessary purposes. In no case shall the width be less than twenty feet (20’) or the side slope be steeper than two (2) horizontal on one (1) vertical.

Access easements or parcels to adjacent property shall be provided, if required by the Board, for use by emergency vehicles and for the benefit of the Town. They shall be a minimum width of twenty fee (20’). Bikeways or walkways may satisfy this requirement.

The Board may require the plan to show a park or parks, suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land and shall be at least equal to one (1) acre of land for each twenty (20) single family dwelling units or fraction thereof shown on the plan. For all non-residential subdivisions, the park shall be equal to three (3) times for floor area of all other dwelling units, and ten(10) per cent of the land area. The Board may, by appropriate endorsement on the plan, require that no building be erected upon such park or parks without its approval for a period of three (3) years. Each area reserved for such purpose shall be of suitable area, dimensions, topography and natural character for the purpose of a park and/or playground. The area or areas shall be so located as to serve adequately all parts of the subdivision as approved by the Board. The Board may require that the area or areas reserved shall be located and laid out so as to be used in conjunction with similar areas of adjoining subdivisions or of probable subdivisions.

All natural features, such as trees, wooded areas, water courses, scenic points, historic spots, shall be preserved as much as possible. Any clearance, backfilling, cutting, thinning or other disturbance to trees twelve inches (12”) or over in diameter measured four feet (4’) above finished ground level (dbh), located within the minimum front setback distance, or other natural vegetation shall be prohibited unless deemed both proper by the Board and not in conflict or contradiction to the intent of Paragraph 3 (c) of this §7.01. Any such proposed clearance shall be shown on the plan and written reasons therefore may be requested by the Board. Tree wells, or retaining wall should be installed when and as requested by the Town Department of Public Works for suitable grading around trees. Tree wells or retaining walls shall be of such design to meet the standards as set forth in the Tree Experts Manual or some similar publication.

Lots shall be prepared and graded consistent with drainage Into the subdivision and in such a manner that development of one shall not cause detrimental drainage on another or on areas outside the subdivision, to the extent permitted by law. If provision is necessary to carry drainage to or across a lot, an easement or drainage right-of-way of a minimum width of twenty feet (20’) and proper side slope shall be provided.

Land susceptible to flooding and land not suitable for housing or street development and land which may be hazardous to life, health or property shall not be accepted as part of a subdivision for residential purposes, but may be used, with the approval of the Board, for parks, playgrounds or other open space uses as determined by the Board of Health.

All required utilities exclusive of transformers shall be placed underground at the time of initial construction. Required utilities shall include water, sewer, storm drainage, telephone, electricity, gas, street lights, fire alarm systems and cable TV unless otherwise specified by the Board.

Where adjacent property is not subdivided or where all the property of the applicant is not being subdivided at the same time, provision shall be made for the extension of the utility system by continuing the mains the full length of streets and to the exterior limits of the subdivision at such grade and size which will, in the opinion of the Board, permit their proper extension at a later date.

Connections for sewer, drain, water, gas, oil, electric and telephone service from the main structure in the way to the exterior line of the way shall be constructed for each lot whether or not there is a building thereon, except that the Board may waive such requirement, in whole or in part, in the case of a lot to be used for a park, playground or for any other purpose for which, in the opinion of the Board, such connections shall not be required.

11. All streets, sidewalks, bikeways, walkways, water mains, pipes, hydrants, fire alarm systems, drains, basins, culverts and other related facilities and services shall be installed and completed without expense to the Town in accordance with these regulations and the specifications of the appropriate boards.

Street trees, esplanades and open green spaces may be required at the discretion of the Board. Where such improvements are required, they shall be incorporated in the final plan and executed by the applicant as construction of the subdivision progresses.

Reasonable provision shall be made for extension of pavements and utilities to adjoining properties, including installation of water gates and manholes, if necessary. The applicant shall not deny others connection to the utilities provided they pay all cost of such connection.

In case access to a subdivision crosses land in another municipality, the Board may require certification by the appropriate officials that such access is in accordance with zoning and subdivision requirements of such municipality and that a legally adequate performance bond has been duly posted and that such access is adequately improved to handle prospective traffic.

In order to reduce erosion accompanying the installation of ways, utilities and drainage, and the resultant pollution of streams, wetlands and natural drainage areas, the applicant shall submit a sediment control plan, including control methods such as berms, dikes, detention ponds, mulching and temporary sodding.

Resubdivision of all or part of land covered by an existing plan shall be governed by the Rules and Regulations then in force. Such resubdivision shall show clearly the areas being re-plotted and the file number of all previous plans of these same areas, together with filing dates.

The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing or planned streets, to topographical conditions, to public convenience and safety, and their appropriate relation to the proposed use of the land to be served by such streets. Also the arrangement of streets in a subdivision shall provide for the continuation of the principal streets in adjoining areas for their proper projection when adjoining land shall have been subdivided.

The Board may disapprove a plan where it determines that dangerous traffic conditions may result from inadequacy of the proposed access or of the proposed ways within the subdivision or of any of the ways adjacent to or providing access to the subdivision.

b) Where a subdivision abuts or contains an existing or arterial street, the Board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service streets, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic

c) Where a subdivision borders on or contains a railroad right-of-way, the Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for approach grades and future grade separations.

h) Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these Rules and Regulations, and where the Board finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be plotted within such tract.

The following provides criteria for categorizing land into four landscape types, based on land form, vegetation, and existing development. For each landscape type, guidelines are provided for development consistent with town goals and character. The layout and construction of ways within subdivisions shall be so designed as to comply with these guidelines and so as to facilitate vegetative cover and building development consistent with them. Included in these guidelines are considerations beyond subdivision control, such as suggested building materials. These are included here as a reference, for possible implementation at the developer’s option.