These rules and regulations of the Fairhaven Planning Board
shall be known and may be cited as the "Rules and Regulations Governing
the Subdivision of Land, Town of Fairhaven, Massachusetts," which
herein are called "Rules and Regulations."
A.
The purpose of the establishment of subdivision control procedures
in the Town of Fairhaven is to secure for the Town benefits and protection
authorized by MGL c. 41, §§ 81K to 81GG, inclusive
(the Subdivision Control Law), as well as the protection and treatment
of surface and groundwater and the treatment and control of drainage,
erosion and sedimentation. The purpose of these rules and regulations
is to specify and make clear the procedures to be followed and the
responsibilities to be discharged in operations under the Subdivision
Control Law. The powers of the Planning Board under these rules and
regulations shall be exercised with due regard for the provision of
adequate access to all of the lots in a subdivision by ways that will
be safe and convenient for travel; for lessening congestion in such
ways and in the adjacent public ways; for reducing danger to life
and limb in the operation of motor vehicles; for securing safety in
the case of fire, flood, panic, and other emergencies; for ensuring
compliance with the Fairhaven Zoning Bylaw; for securing adequate
provision for water, sewerage, drainage, utility services, fire, police,
streetlighting, and other similar municipal equipment, and other requirements
where necessary in a subdivision; and for coordinating the ways in
a subdivision with each other and with the public ways in the Town
and with the ways in neighboring subdivisions.
B.
It is the intent of these rules and regulations that any subdivision plan filed with the Planning Board shall receive the approval of such Board if said plan conforms to the recommendation of the Board of Health and to these rules and regulations; provided, however, that the Planning Board may, when appropriate, waive, as provided for in § 322-11, such portions of these rules and regulations as is deemed advisable.
Under the authority vested in the Planning Board of the Town
of Fairhaven by MGL c. 41, § 81Q, said Board hereby adopts
these rules and regulations governing the subdivision of land in the
Town of Fairhaven. Such rules and regulations shall be effective upon
transmittal to the Town Clerk, the Register of Deeds, and the Recorder
of the Land Court.
