These rules and regulations of the Easton Planning and Zoning
Board shall be known and may be cited as the "Rules and Regulations
Governing the Subdivision of Land, Town of Easton, Massachusetts"
which herein are called these "Regulations."
This Chapter has been enacted for the purpose of protecting the safety,
convenience, and welfare of the public and the inhabitants of Easton
by regulating the laying out and construction of ways providing access
to lots in subdivisions that have not become public ways. The regulations
shall also provide sanitary provisions for subdivisions and, in proper
cases, parks and open spaces. The powers of the Planning and Zoning
Board and of a Board of Appeals under the Subdivision Control Law
shall be exercised with due regard for:
Securing adequate provision for water, sewerage, schools, transportation,
parks, drainage, underground utility services, fire, police, street
lighting, and other similar municipal equipment, and other requirements
where necessary in a subdivision; and
It is the intent of This Chapter that any subdivision plan filed
with the Planning and Zoning Board shall receive the approval of such
Board if said plan conforms to the recommendation of the Board of
Health and to the reasonable Rules and Regulations of the Board pertaining
to subdivisions of land; and provided, however, that such Board may,
when appropriate, waive, as provided for in Section 9.1 such portions
of these Regulations as is deemed advisable.
Adoption and Administration. Under the authority vested in the Board
of the Town of Easton, Massachusetts, by MGL c. 41, § 81Q,
the Board originally adopted these Rules and Regulations Governing
the Subdivision of Land in the Town of Easton on December 15, 1959.
The Board, in conjunction with § 501-53 herein and at the cost of the applicant, may hire consultant engineers, construction inspectors, legal counsel, or other professional assistance and may assign as its Agents appropriate Town Agencies or officials to review plans and applications filed pursuant to these Regulations or to inspect the construction or installation of improvements requested hereunder.
The Board may seek comment and review of applications by the Board
of Health, the Department of Public Works, the Conservation Commission,
or any other town agency or board. At the discretion of the Chair,
the Board may request an All Boards Meeting for major projects.
Interpretation. In interpreting these regulations the Board shall
consider the general character of the Town of Easton, encourage coordination
with the Comprehensive Plan of the Town (where applicable), and seek
to mitigate the impacts of subdivision construction throughout the
Town.
Severability. If any section, paragraph, sentence, clause or provision
of these Regulations shall be adjudged not valid, the adjudication
shall apply only to the material so adjudged and the remainder of
these Regulations shall be deemed to remain valid and effective.
Invalidation by State Law. Any part of these Regulations subsequently
invalidated by a new state law or modification of an existing state
law shall automatically be brought into conformity with the new or
amended law, and shall be deemed effective immediately without recourse
to a public hearing and the customary procedures for amendment or
repeal of such regulations.
These Regulations or any portion thereof may be amended, supplemented,
or repealed from time to time by the Planning & Zoning Board after
a public hearing on its own motion or by petition. Amendments proposed
by members of the public or other boards should be submitted in writing
to the Department of Planning & Community Development, and addressed
to the Board.
These Regulations shall be reviewed for amendment by a Public Hearing
in July of every year, unless an alternate date for review is voted
on by the Board.
Forming a Subdivision. 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 or sale of lots in a subdivision,
or the construction of ways, or the installation of municipal services
therein, unless and until a Definitive Plan of such subdivision has
been submitted to and approved by the Board as hereinafter provided.
Effect of Prior Recording of Subdivision Land. The recording of a
plan of land within the Town in the Northern Bristol County Registry
of Deeds prior to the effective date of the Subdivision Control Law
in the Town of Easton, showing the division thereof into existing
or proposed lots, sites or other divisions and ways furnishing access
thereto, shall not exempt such land from the application and operation
of these rules, regulations and requirements except as specifically
exempt by Section 81-FF of the Subdivision Control Law.
The approval of a subdivision by the Board does not affect any rights
others may have in or over the land to be subdivided nor does it give
the applicant the right to perform work on land owned by others.
The acquisition of necessary rights and the presentation of complete
and correct information to the Board are responsibilities of the applicant
and the failure to do so, including the failure or inability to obtain
all necessary permits, licenses, releases or rights may constitute
a reason for the disapproval, the rescission of approval of a subdivision
plan or application of other laws.