Section II. Definitions

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 the vegetative cover in a manner that does not disturb the 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 the primary excavation activity involves the 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, and 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 100-year 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 the 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:

  • By a public authority in the manner provided in M.G.L. c.82, 132; or
  • By prescription; or
  • 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 if it is 1) a public road that the 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 that serves more than 20 dwellings but which will not serve abutting land zoned for business or industry.

Sediment

Organic material or minerals are 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 are subject to the Wetlands Protection Act, M.G.L. c.131, 40 which are enumerated in 310 CMR 10.02(1)(a).