Only those plans which constitute subdivisions, as that term is defined in §
300-2, require the approval of the Planning Board. However, all plans, whether subdivisions within the meaning of the law or not, must have either approval as a subdivision or endorsement that they do not require approval before they will be accepted for recording at the Registry of Deeds or for registering at the Land Court.
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 Planning Board as hereinafter
provided.
[Amended 3-23-1998 by Bylaw Amendment S-98-19]
No subdivision plan shall be approved unless
all the lots located therein comply with the frontage and area requirements
of the Town of Franklin Zoning Bylaw in effect at the time of plan
submittal.
[Amended 12-9-1987 by Bylaw Amendment 87-116; 2-6-1989; 3-23-1998 by Bylaw Amendment
S-98-19]
A. Any person who wishes to cause to be recorded in the
Registry of Deeds or to be filed with the Land Court a plan of land
and who believes that his plan does not require approval under the
Subdivision Control Law may submit his plan, certificate of ownership
(see Appendix) and Application Form A (see Appendix) to the Planning Board, accompanied by the necessary evidence to show that the plan does not require approval. Said person shall file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission for such determination and accompanied by a copy of said application and a filing fee as established in Chapter
82, Fees, of the Code of the Town of Franklin.
B. Plan contents. The plan shall be legibly drawn at
a scale of one inch equals 40 feet and contain the following:
(1) Identification of the plan by name of owner of record
and location of land in question, the scale, North point and date.
(2) The statement "Approval Under Subdivision Control
Law Not Required" and sufficient space for the date and signature(s)
of the Board.
(3) Zoning classification and location of any zoning district
boundaries that may lie within the locus of the plan. The Assessor's
map, block and lot numbers shall be shown.
(4) Notice of any proceedings and copies of decisions
by the Zoning Board of Appeals, including, but not limited to, special
permits and variances, regarding the land or any buildings thereon.
(5) In the case of the creation of a new lot, the remaining
land area and frontage of the land in the ownership of the applicant
shall be shown.
(6) Names and status of public or private street(s) and
easements to include the construction materials of the street(s),
the width of the layout of the street or easement.
(7) Location of all existing buildings, including setbacks
on the land under consideration.
(8) Location of all bounds on land under consideration.
(9) Location of all wetland resource areas on the land
under consideration.
(10)
All plans shall be annotated above the signature
block with the following statement: "Planning Board endorsement is
not a determination as to conformance with the Zoning Bylaw."
(11)
The plan shall be a digital submission on AutoCAD Release 14 (or any subsequent release which the Franklin Department of Public Works adopts) as described in §
300-8I(1)(a).
[Added 2-1-1999 by Bylaw Amendment S-99-20]
C. If the majority of the members of the Board determines
that the plan does not require approval, the Board shall forthwith,
without a public hearing, endorse on the plan the words "Planning
Board Approval Under the Subdivision Control Law Not Required." The
endorsed plan shall be returned to the applicant, and the Board shall
notify the Town Clerk of its action, both within 21 days of submittal
of the plan.
D. If the Board determines that the plan does require
approval under the Subdivision Control Law, it shall, within 21 days
of submittal of the plan, so notify both the applicant and the Town
Clerk and return the plan to the applicant.
E. The applicant shall file the approved plan at the
Registry of Deeds and shall notify the Board by presenting written
evidence of recording of said plan documents within six months of
approval.