A.
Adoption of regulations; when effective. Under the authority vested
in the Planning Board of the Town of Orleans by the Subdivision Control
Law of Massachusetts (Massachusetts General Laws, Chapter 41), the
Board hereby adopts these amended rules and regulations governing
the subdivision of land in the Town of Orleans. Such rules and regulations,
as amended, shall be effective until modified or amended by the Board.
B.
Purpose. As provided in MGL (Massachusetts General Laws) Ch. 41,
under Section 81-M, these regulations are adopted to ensure that the
powers of a Planning Board under the Subdivision Control Law shall
be exercised with due regard:
(1)
For the provision of access to all of the lots in a subdivision by
ways that will be safe and convenient for travel;
(2)
For lessening congestion in such ways and in the adjacent public
ways;
(3)
For reducing danger to life and limb in the operation of motor vehicles;
(4)
For securing safety in case of fire, flood, panic and other emergencies;
(5)
For ensuring compliance with the applicable zoning ordinances or
by-laws;
(6)
For securing adequate provisions for water, sewerage, drainage, underground
utility services, fire, police, and other similar municipal equipment,
and street lighting and other requirements where necessary in a subdivision;
(7)
For coordinating the ways in a subdivision with each other and with
the ways in neighboring subdivisions; and
(8)
For consistency with the Official Town Plan.
C.
Applicability. As provided in MGL Ch. 41, Section 81-O, no person
shall make a subdivision of any land in any town in which the Subdivision
Control Law is in effect unless a plan of such proposed subdivision
has first been submitted to the Planning Board for its approval, showing
the lots into which such land is to be divided and the ways already
existing or which are to be provided for furnishing access to such
lots, and the Planning Board has approved such plan in the manner
provided in MGL Ch. 41. Resubdivision of all or part of land covered
by an existing plan shall also be governed by these regulations. Under
the provisions of the Cape Cod Commission Act (Ch 716 of the Acts
of 1989), certain divisions of land are reviewable as Developments
of Regional Impact and will be reviewed for compliance with the Regional
Policy Plan and the Orleans Comprehensive Plan when adopted.
D.
Amendment. These regulations or any portion thereof may be amended
by the Planning Board on its own motion, following a public hearing.
E.
Waivers of strict compliance with Subdivision Rules and Regulations.
As provided in MGL Ch. 41, Section 81-R, the Planning Board may waive
strict compliance with the requirements of these Rules and Regulations
when, in the judgment of the Board, such action is in the public interest,
and not inconsistent with the Subdivision Control Law. In waiving
strict compliance, the Board may require such alternative conditions
as will serve substantially the same objective as the standards or
rules waived. When waivers of construction or design standards for
roads proposed for use for access to or within a subdivision are requested,
the Planning Board shall consult with the Highway Manager, Police
Chief and Fire Chief regarding the adequacy of access for automobiles
and emergency vehicles prior to granting said waiver.
F.
ACCESS ROAD
APPROVAL NOT REQUIRED PLAN shall mean
(1)
(2)
(3)
AREA
COLLECTOR STREET
FRONTAGE
GROUNDWATER PROTECTION ZONING DISTRICT 2
PRELIMINARY PLAN
PROPOSED ROAD
WETLAND
Definitions. As used in these regulations, the following terms shall
have the meaning indicated:
A way or ways used for access to property proposed to be
divided by a Definitive Subdivision Plan, or by an Approval Not Required
Plan.
A plan which shows a division of a tract of land into two (2)
or more lots, with each such lot having frontage on: a public way
or a way which the clerk of the city or town certifies is maintained
and used as a public way, or a way shown on a plan previously approved
and endorsed in accordance with the subdivision control law, or a
way in existence when the subdivision control law became effective,
and with each such way having, in the opinion of the Planning Board,
sufficient width, suitable grades and adequate construction to provide
for the needs of vehicular traffic in relation to the proposed use
of the land abutting thereon or served thereby, and for the installation
of municipal services to serve such and the buildings erected thereon.
Such frontage shall be of at least such distance as is required by
the applicable Orleans Zoning Bylaw at the time of plan submission;
or
A plan or other instrument which adds to, takes away from, or
changes 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 (2) or more buildings
were standing when the Subdivision Control Law went into effect in
Orleans into separate lots on each of which one of such buildings
remains standing.
As defined under Buildable Upland in § 164-4 of the Orleans Zoning Bylaw, unless otherwise specified.
Existing or proposed streets which carry or will carry traffic
from minor residential streets to feeder streets.
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DEFINITIVE PLAN shall mean a plan of a proposed subdivision or resubdivision of land drawn in a manner suitable for recording at the Barnstable County Registry of Deeds or the Mass Land Court that shows the information and design elements as required by these Subdivision Rules and Regulations § 192-6A(1).
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As defined under Lot Frontage in § 164-4 of the Orleans Zoning Bylaw.
A plan of a proposed subdivision or resubdivision of land that shows the information and design elements as required by these Subdivision Rules and Regulations under § 192-5A(1).
A road proposed for construction within the boundaries of
property shown on a Definitive Plan to provide frontage and access
for lots within said plan.
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SUBDIVISION shall mean the division of a tract of land into
two or more lots and shall include resubdivision and, when appropriate
to the context, shall relate to the process of subdivision or to the
land or territory subdivided; provided, however, that a plan which
meets the requirements of an Approval Not Required Plan, as defined
above, shall not constitute a subdivision.
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