In construing these Rules and Regulations, the definitions set forth in M.G.L. c. 41, §81L shall apply unless a contrary intention clearly appears in either the Rutland zoning bylaw or these Rules and Regulations. In addition, the following words shall have the following meanings:
Abutter - Owners of: (1) land sharing a common property line of a proposed subdivision; and (2) land directly across a street or road from such subdivision or property; or (3) land abutting other land described in this paragraph, if located within 300 feet of the property before the Planning Board.
Anchored Mulch - Mulch consisting of straw, woodchips, emulsifier and other appropriate materials bound together by anchored pegs and twine or screen or fabric.
Applicant - The person, individual, partnership, corporation, trust, agency, department, political subdivision, or other legal entity that applies for approval of a plan or the endorsement of a plan. The Applicant must be the owner of all the land included in the plan for which approval of the Planning Board is requested, except that an agent, representative or assignee may act for the owner.
Clear - The act of removing vegetative cover in a manner that does not disturb root mat or the existing soil surface.
Collector Street - A street expected to accommodate traffic generated by one or more subdivisions or neighborhoods, or streets connecting parts of the town or carrying industrial or commercial traffic but not serving as major thoroughfares.
Construction Inspector - A person appointed by the Planning Board to inspect the construction and installation of the improvements required by Section VII of these Rules and Regulations for an approved subdivision.
Consultant Engineer - A Professional Engineer appointed by the Planning Board to assist the Planning Board in the review of any application filed under these Rules and Regulations or to inspect the construction and installation of the improvements required by Section VII of these Rules and Regulations for an approved subdivision.
Cut - The excavation, trenching, or digging of soil, sand, gravel, stones, or other earth material from the land. Sometimes known as grubbing where the primary excavation activity involves removal of tree roots.
Dead End Street - A street or portion(s) thereof that joins another street at only one point . The length of a dead end street shall be measured from the point of intersection to the furthest point away from the intersection. Where the dead end street includes a loop, the length shall be measured from the intersection to a point in the loop equidistant from the point of the split.
Engineer - A Registered Professional Engineer qualified and registered by the Commonwealth of Massachusetts.
Erosion - The process by which the ground surface is worn by natural forces such as wind, water, ice, gravity, or by artificial means, such as recreational uses and construction activities.
Fill - Any soil, earth, sand, gravel, rock or any similar material that is deposited, placed, pushed, or pulled onto a site.
Grade - Degree of inclination of land expressed as a percentage.
Grading - Any act by which soil is cleared, stripped, stockpiled, moved on site or any combination thereof.
Land-disturbing activity - Any action that causes the alteration of earth, sand, rock, gravel, vegetation or similar material on land.
Land Surveyor - A Registered Land Surveyor qualified and registered by the Commonwealth of Massachusetts.
Lot - A contiguous area of land in one ownership with definite boundaries shown on a plan or deed.
100–year Floodplain - An area delineated under the Federal Emergency Management Act (FEMA) showing the extent of flooding because of a 100year storm, or the calculated water elevation during the 100 year, 24 hour storm where the Federal Emergency Management Agency has not mapped the floodplain extent. This calculation is to be performed by an engineer.
Owner- The owner of record as shown by the records of the [insert Name] County Registry of Deeds or Land Court.
Planning Board - The Town of Rutland Planning Board.
Public Way - An existing way that has become public in character:
1) by public authority in the manner provided in M.G.L. c.82, §§132; or
2) by prescription; or
3) by dedication and acceptance, prior to the enactment of Chapter 203 of the Acts of 1846, M.G.L. c.84, §23.
For the purposes of MGL c. 41 section 81P, a “way” will satisfy the ANR standard by if it is 1) a public road that clerk certifies is maintained by the Town and used as a public way, or 2) a way shown on a plan approved in accordance with the Subdivision Control Law, or 3) a way in existence when the Town’s subdivision regulations became effective.
Residential Access Street - A dead end street or set of streets which does not serve as access to more than 20 dwellings.
Subcollector Street - A street with anticipated traffic equivalent to that generated by 50 homes or more or which serves abutting land zoned for business or industry.
Residential Subcollector Street - A street which serves more than 20 dwellings but which will not serve abutting land zoned for business or industry.
Sediment - Organic material or minerals transported or deposited by the movement of wind, water, ice gravity, glaciers or by artificial means.
Sediment Trap - A temporary sediment control measure formed by excavation or embankment to intercept or trap sediment.
Slope - The angle of the inclined surface of a fill, excavation, or natural terrain.
Soil - Any earth, sand, rock, gravel, or similar material.
Strip - Any activity that removes the vegetative surface cover including but not limited to tree removal, clearing, grubbing and storage or removal of topsoil.
Wetland Resource Area - Those resource areas subject to the Wetlands Protection Act, M.G.L. c.131, §40 that are enumerated in 310 CMR 10.02(1)(af).