Town of Fairhaven, MA
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2022-06-18
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Division 3: Planning Board
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Chapter 322 Subdivision of Land
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Part 3 General and Administration
- Division 1: Bylaws
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Finances
- Ch 3 Agricultural Commission
- Ch 6 Community Preservation Committee
- Ch 8 Conservation Commission
- Ch 12 Constables
- Ch 16 Council on Aging
- Ch 22 Data Processing Center
- Ch 28 (Reserved)
- Ch 33 Finance Committee
- Ch 37 Finance, Department of
- Ch 40 Capital Planning Committee
- Ch 50 Meetings
- Ch 56 Officers and Employees
- Ch 61 Personnel
- Ch 65 Planning Board
- Ch 73 Tax Abatement Agreements
- Ch 74 Tax Titles
- Ch 76 Tree Warden
- Part II: General Legislation
- Ch 82 Alarms
- Ch 83 Alcoholic Beverages and Drugs
- Ch 87 Animals
- Ch 93 Building Construction
- Ch 97 Buildings, Numbering of
- Ch 103 Demolition Delay
- Ch 106 Entertainment
- Ch 110 Excavations and Wells
- Ch 113 Explosives and Inflammable Materials
- Ch 119 Fees
- Ch 122 Fire Prevention and Protection
- Ch 125 Garages, Service Stations and Unregistered Motor Vehicles
- Ch 132 Harbor Pollution Control
- Ch 141 Licenses and Permits
- Ch 145 Waterways
- Ch 150 Peace and Good Order
- Ch 155 Right to Farm
- Ch 158 Sewers
- Ch 164 Solid Waste
- Ch 169 Streets and Sidewalks
- Ch 171 Stretch Energy Code
- Ch 176 Underground Storage Tanks
- Ch 177 (Reserved)
- Ch 182 Vehicles and Traffic
- Ch 187 Water
- Ch 190 Short-Term Rentals
- Ch 192 Wetlands
- Ch 194 Stormwater Management
- Ch 198 Zoning
- Division 2: Board of Selectmen
- Ch 204 Alcoholic Beverages
- Ch 206 Animals
- Ch 207 Council on Aging
- Ch 208 Houseboats
- Ch 212 Marine Resources Committee
- Ch 218 Shellfish Regulations
- Ch 220 Special Municipal Employees
- Ch 225 Union Wharf
- Division 3: Planning Board
- Ch 306 Fees
- Ch 316 Procedural Rules
- Ch 322 Subdivision of Land
- Ch 322 Pt 3 General and Administration
- § 322-5 Applicability of statute.
- § 322-6 Validity.
- § 322-7 Compliance with Zoning Bylaw required.
- § 322-8 Amendments.
- § 322-9 Definitive plan approval required.
- § 322-10 Requirements for more stringent standards.
- § 322-11 Waiver of compliance.
- Division 4: Board of Health
- Ch 401 General Provisions
- Ch 405 Animals
- Ch 412 Dairy Products
- Ch 416 Disease Control
- Ch 422 Fees
- Ch 426 Food Service Establishments
- Ch 432 Individual Sewage Disposal Systems
- Ch 437 Landfill
- Ch 442 Massage Parlors and Baths
- Ch 448 Nuisances
- Ch 454 Places of Assembly
- Ch 461 Rodents
- Ch 466 Sanitation
- Ch 471 Solid Waste
- Ch 475 Swimming Pools
- Ch 479 Tobacco Control
- Ch 483 Water
- Ch 487 Wells
- Ch 491 West Island Sewer Enterprise Zone
- Division 5: Zoning Board of Appeals
- Ch 493 Comprehensive Permits, Rules and Regulations Governing
- Division 6: Conservation Commission
- Ch 495 Wetlands Rules and Regulations
- Appendix
- Ch A501 Acceptances of General Laws
- Ch A502 Special Acts
- Disposition List
- Ch DL Disposition List
For matters not covered by these rules and regulations, reference
is made to MGL c. 41, §§ 81K to 81GG, inclusive.
If, in any respect, any provision of these rules and regulations,
in whole or in part, shall prove to be invalid for any reason, such
invalidity shall only affect the part of such provision which shall
be invalid, and in all other respects these rules and regulations
shall stand as if such invalid provision of these rules and regulations
shall be invalidated, impaired, or affected thereby.
No plan of a subdivision shall be approved unless all of the
building lots shown on the plan comply with the Zoning Bylaw of the
Town of Fairhaven, Massachusetts.
These rules and regulations or any portion thereof may be amended
from time to time in accordance with the Subdivision Control Law.
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, approved and endorsed by the Planning Board as hereinafter provided,
and recorded at the Bristol County S. D. Registry of Deeds.
The Planning Board may, in special and appropriate cases, require
the developer to follow more stringent standards than the ones mentioned
in these rules and regulations. In doing so, the Planning Board shall
notify the developer, in writing, of said standards and the reason
they are required.
A.
The Planning Board may, in special and appropriate cases, waive strict
compliance with such portions of these rules and regulations, as provided
for in MGL c. 41, § 81R, where such action is in the public
interest and not inconsistent with the purpose and intent of the Subdivision
Control Law.
B.
A request for a waiver of a requirement, rule, or regulation shall
be made, in writing, by the applicant, and submitted, whenever feasible,
with the submission of the preliminary plan.
C.
If the Planning Board approves the request for a waiver, it shall
endorse conditions of such waiver (if any) on the plan or set them
forth in a separate instrument attached to and referenced to the plan,
which shall be deemed a part of the plan. The Planning Board shall
notify the applicant, in writing, of its approval, disapproval, or
approval with conditions.
