Under the authority vested in the Planning Board of the Town of Belchertown
by MGL c. 41, § 81Q, as amended, and all subsequent amendments thereto,
the Belchertown Planning Board hereby adopts these rules and regulations governing
the subdivision of land pursuant to the Subdivision Control Law, MGL c. 41,
§§ 81K through 81GG, inclusive, as amended. These regulations
supersede regulations previously in effect and adopted October 24, 1989, as
amended November 24, 1992.
These rules and regulations governing the subdivision of land in the
Town of Belchertown have been enacted for the purpose of protecting the safety,
convenience and welfare of the inhabitants of Belchertown 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 the Planning Board and the Board of Appeals under the Subdivision
Control Law shall be exercised with due regard for:
A. The provision of adequate access to all lots in a subdivision
by ways that will be safe and convenient for travel and that will promote
the most efficient use of the land within and adjacent to the subdivision.
B. Lessening congestion in such ways and in the adjacent
public ways.
C. Reducing danger to life and limb in the adjacent public
ways.
D. Securing safety in the case of fire, flood, panic and
other emergencies.
E. Ensuring compliance with Chapter
145, Zoning, of the Code of the Town of Belchertown.
F. Ensuring adequate provisions for water, sewer, drainage,
utilities, street lighting, fire and police equipment and other requirements
where necessary in a subdivision.
G. Coordinating the ways in a subdivision with each other,
with the ways in neighboring subdivisions, and with the surrounding public
ways.
H. The implementation of the Belchertown Master Plan to
maintain community character, agricultural and forested lands.
I. The protection or preservation of the values and functions
of open space with particular emphasis on biological and ecological diversity,
water supply and quality, aesthetics and recreation.
No person shall make a subdivision within the meaning of the Subdivision
Control Law of any land within the Town of Belchertown, or proceed with the
improvement or the sale of lots in a subdivision, or the construction of ways,
or the installation of municipal services, unless a definitive plan of such
subdivision has been permitted and approved by the Planning Board as hereinafter
provided.
These rules and regulations or any portion thereof may be amended from
time to time in accordance with MGL c. 41, § 81Q of the Subdivision
Control Law.
The recording of a plan of land within the Town of Belchertown in the
Hampshire Registry of Deeds prior to the effective date of the Subdivision
Control Law in the Town of Belchertown 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
and regulations except as specifically exempted by MGL c. 41, § 81FF
of the Subdivision Control Law.
No public street or utility construction shall commence until an approved
definitive plan for subdivision has been endorsed by the Planning Board and
filed with the Town Clerk. Any construction done prior to approval is performed
at the risk of the subdivider and shall be the subdivider's sole responsibility.
For the purposes of these rules and regulations, unless a contrary intention
clearly appears, the terms and words defined in MGL c. 41, § 81L
shall have the meanings given therein. In addition, the following terms and
words shall have the following meanings:
ABUTTING OWNER
The owner of property which is contiguous to the property being subdivided,
the owner of property with frontage immediately across a public way from the
property being subdivided, and the owner of property not contiguous but within
300 feet of the property being subdivided. This will be identified from the
Assessor's records at the time of application.
APPLICANT
"Applicant" shall include an owner or his agent or representative,
or his assigns. Also see DEVELOPER and SUBDIVIDER.
APPLICATION
The application for the approval of a proposed subdivision or resubdivision
of land, preliminary or definitive, or for an endorsement of an "approval
not required," or "ANR," plan (Form A).
BOARD
The Planning Board of the Town of Belchertown.
CERTIFIED BY (or ENDORSED BY) A PLANNING BOARD
As applied to a plan or other instrument required or authorized by
the Subdivision Control Law to be recorded, shall mean bearing a certification
or endorsement signed by a majority of the members of a Planning Board, or
by its Chairman or Clerk or any other person authorized by it to certify or
endorse its approval or other action and named in a written statement to the
Register of Deeds and Recorder of the Land Court, signed by a majority of
the Board.
CMR
The Code of Massachusetts Regulations.
CUL-DE-SAC
Specifically, the circle, bulb, or "lollipop," for turning around
at the end of a dead-end street; sometimes used to refer to the entire dead-end
street ending in such a turning area.
[Amended 7-26-2005]
DEAD-END
A street or network of streets having only one intersection with
a through street. Dead-end streets include culs-de-sac, closed loop streets,
open loop streets, or any other street connecting only to another dead-end
street.
[Added 7-26-2005]
DEAD-END EXTENSION
Any new street connecting to a dead-end is an extension of the dead-end
unless it connects to another street to result in a through street.
[Added 7-26-2005]
DETENTION BASIN
Artificial water body where stormwater is collected and held temporarily
(detained) prior to timed release into a receiving stormwater drainage system,
swale, or water body.
DEVELOPER
The applicant for subdivision approval, not necessarily the owner
of the land, but the person, persons, or corporation responsible for the subdivision
application and development. This is interchangeable with APPLICANT and SUBDIVIDER.
The developer may or may not be the original applicant, and may be a subsequent
owner of the subdivision.
DEVELOPMENT
Any construction or grading activities conducted on real estate.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works, Town of Belchertown, responsible for
maintaining all town roads and public ways and for ensuring that work performed
on subdivisions is in accordance with specifications, or that official with
the same responsibilities appointed to supersede this position.
EASEMENT
A right to use or control real property owned by another for a specified
purpose.
ENGINEER
Any person who is licensed by the Commonwealth of Massachusetts to
perform civil engineering service.
GENERAL LAWS (MGL)
The General Laws of Massachusetts. In case of a rearrangement of
the General Laws, any citation of particular sections of the General Laws
shall be applicable to the corresponding sections in the new codification.
IMPROVEMENT
Any change to the existing conditions of a subdivision site for the
purpose of complying with these regulations or rendering the site suitable
for development and habitation. As used in these regulations, improvements
include, but are not limited to, construction and installation of roadways,
paved streets, berms, gutters, sidewalks, utilities, street signs, monuments,
shade trees, drainage facilities, erosion and sedimentation control measures,
fire ponds, sewage and water systems, buildings, earth filling or removal,
seeding, and grading.
INTERIOR CUL-DE-SAC INTERSECTION
An intersection of two cul-de-sac streets with each other or the
intersection of a cul-de-sac street with itself, such as on a loop road.
LANDSCAPING
Changing, rearranging, or adding to the original vegetation or scenery
of a piece of land to produce a desired aesthetic effect appropriate to the
site.
LOOP STREET[Added 7-26-2005]
A.
CLOSED LOOP STREETA street, or street network, in a subdivision having internal circulation but only one intersection with a through street. A closed loop street is a dead-end.
B.
OPEN LOOP STREETA street, or street network, in a subdivision having two or more intersections with a single public street. An open loop street is a dead-end if it connects only to a dead-end.
LOT
An area of land in one ownership, with definite boundaries, used,
or available for use, as the site of one or more buildings.
OPEN SPACE
Property within a subdivision designated to be deeded by the developer
to the town or other approved agency, or to be maintained by the developer
or owner in an undeveloped state in a manner approved by the Planning Board.
Such open space is to be used for passive or active recreation, agriculture,
forestry, rare and endangered species habitat, natural or scenic vistas, unique
natural or cultural features, or greenways. Such open space shall be retained
in substantially a natural, wild or open condition, or in a landscaped condition
in such a manner as to allow to a significant extent the preservation of wildlife
or other natural resources. Open space shall be contiguous areas containing
a high ratio of interior area to edge area. Open space shall contain to the
greatest extent possible soils uniquely suited to agricultural use and that
further create greenway corridors to establish linkages in landscape. Such
areas shall be of adequate size and configuration to accommodate the intended
use, and shall not include narrow or irregular pieces of land which are remnants
from the layout of lots, streets, or drainage structures. Open space does
not include areas designated for sediment control, erosion control, or stormwater
control, nor does it include wetland resource areas. Such areas are considered
part of the subdivision structure, and are not intended to be for recreation.
OWNER
The owner of record as shown by the records in the Hampshire Registry
of Deeds or the Land Court.
PERFORMANCE GUARANTEE
A guarantee, in the form of a surety bond, cash, savings passbook,
negotiable securities or lender's agreement, by the developer, to be
used to complete subdivision improvements if the developer does not complete
the improvements as promised, as required by MGL c. 41, § 81U.
PLAN: DEFINITIVE SUBDIVISION PLAN
A proposed, detailed plan of a subdivision submitted by the applicant,
to be recorded in a Registry of Deeds or Land Court when approved and endorsed
by the Planning Board.
PLANNING BOARD
A Planning Board, established under MGL c. 41 § 81A, or
a Board of Selectmen acting as a Planning Board under said section, or a Board
of Survey in a city or town which has accepted the provisions of the Subdivision
Control Law as provided in MGL c. 41 § 81N or corresponding provisions
of earlier laws, or has been established by special law, with powers of subdivision
control.
PRELIMINARY SUBDIVISION PLAN
A plan of a proposed subdivision or resubdivision of land drawn on
tracing paper, or a print thereof, showing:
A.
The subdivision name, boundaries, North point, date, scale, legend and
title "Preliminary Plan";
B.
The names of the record owner and the applicant and the name of the
designer, engineer or surveyor;
C.
The names of all abutters, as determined from the most recent local
tax list;
D.
The existing and proposed lines of streets, ways, easements and any
public areas within the subdivision in a general manner;
E.
The proposed system of drainage, including adjacent existing natural
waterways, in a general manner;
F.
The approximate boundary lines of proposed lots, with approximate areas
and dimensions;
G.
The names, approximate location and widths of adjacent streets; and
H.
The topography of the land in a general manner.
RECORDED
Recorded in the Registry of Deeds of the county or district in which
the land in question is situated, except that, as affecting registered land,
it shall mean filed with the Recorder of the Land Court.
RETENTION BASIN
Artificial water body where stormwater is collected and held (retained)
instead of being released into a receiving stormwater drainage system, swale,
or water body.
RIGHT-OF-WAY
A.
That portion of land which is or is intended to be made available for
the construction of roadways, ditches, drainage structures and utility lines
and is to be conveyed to the town in the case of a proposed town road, or
conveyed to an association charged with maintenance of such right-of-way in
the case of a private road, including but not limited to the traveled portion
and all adjacent land encumbered or intended to be encumbered by all necessary
easements. The form and content of the instrument of conveyance shall be subject
to the approval of the Town Attorney, at the option of the Planning Board.
B.
The parcel of land between street property lines, which are defined
as the limits of land dedicated, secured or reserved for public transportation
uses.
ROADWAY
That portion of a way which is designed and constructed or intended
to be constructed for vehicular travel, also known as the traveled portion
of the way. See also STREET.
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a one-percent or greater chance
of flooding in a given year. The special flood hazard area contains all Zones
A and A1-A30 as determined from Flood Insurance Rate Maps dated September
2, 1981, and subsequent revisions, and contains all land within the Floodplain
District on the Official Zoning Map of the Town of Belchertown.
STABILIZATION
Structural or vegetative treatment applied to an area in order to
prevent soil erosion.
STANDARD SPECIFICATIONS
Standard Specifications for Highways and Bridges, Massachusetts Highway
Department, 1995 Metric Edition.
STREET
A public or private way either shown on a plan approved in accordance
with these rules and regulations or otherwise qualifying a lot for access
and frontage under MGL c. 41, § 81L.
A.
STREET, COLLECTORA street designed to receive and distribute traffic from and to various sub-areas and neighborhoods, and which will carry a substantial volume of traffic generally, over 400 vehicles per day.
B.
STREET, MINORA street which primarily provides access to adjacent land uses. It may be either a through street or a cul-de-sac.
SUBDIVIDER
The applicant for subdivision approval, not necessarily the owner
of the land, but the person, persons, or corporation responsible for the subdivision
application and development. This is interchangeable with APPLICANT and DEVELOPER.
The subdivider may or may not be the original applicant, but may be a purchaser
of the subdivision, or assignee of the original applicant.
SUBDIVISION
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 the land or territory subdivided; provided, however, 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 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
theretofore approved and endorsed in accordance with the Subdivision Control
Law, or a way in existence when the Subdivision Control Law became effective
in the city or town in which the land lies, 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 land and the buildings erected or to be
erected thereon. Such frontage shall be of at least such distance as is then
required by zoning or other ordinance or bylaw, if any, of said city or town
for erection of a building on such lot, and if no distance is so required,
such frontage shall be of at least twenty feet. Conveyances or other instruments
adding to, taking away from, or changing the size and shape of lots in such
a manner as not to leave any lot so affected without the frontage above set
forth, or the division of a tract of land on which two or more buildings were
standing when the Subdivision Control Law went into effect in the city or
town in which the land lies into separate lots on each of which one of such
buildings remains standing, shall not constitute a subdivision.
SUBDIVISION CONTROL LAW
Refers to MGL c. 41, §§ 81K to 81GG, inclusive, entitled
the "Subdivision Control Law," as last amended.
SURVEYOR, LAND
Any person who is licensed by the Commonwealth of Massachusetts to
perform surveying services.
THROUGH-STREET, THROUGH-ROAD, or THROUGH-WAY
A street having at least two intersections with other through streets,
such that there are two fully independent routes of egress from any point
on any through street.
[Added 7-26-2005]
TOWN
The Town of Belchertown, Commonwealth of Massachusetts.
UTILITIES
Public utilities furnished by off-site providers, such as water,
sewer, gas, electricity, telephone, television, or other media.
WAY
A right-of-way or means of access to a lot. A public way is a way
which has been accepted by, and the land owned by, the Town of Belchertown,
or by other means created as a public street. Any other way (private way)
is a way over land which is owned by a private party but which is set forth
by deed covenant, deed description or by other means as a private way.