As used in these rules and regulations, the following terms
shall have the meanings indicated:
Includes an owner, or his agent or representative, or his
assigns. In the case of someone other than the owner, a notarized
statement from the owner stating that they give full permission for
the applicant to act as their agent or representative shall be required.
In the case of a corporation, evidence in the form of a list of officers
and designated authority to sign legal documents shall be required.
[Amended 5-2-2000]
The Planning Board of the Town of Southwick.
A right acquired by public authority or other person to use
or control property for a utility or other designated public outpost.
[Added 5-2-2000]
The number of feet rise per 100 feet of horizontal distance
expressed as a percent.
An area of land in one ownership, with definite boundaries,
used, or available for use, as the site of one or more buildings.
Public utilities furnished by the city or town in which a
subdivision is located, such as water, sewerage, gas or electricity.
The owner of record as shown by the records in the Hampden
County Registry of Deeds.
[Added 5-2-2000]
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.
Registered or certified mail.
The Register of Deeds of the county or district in which
the land in question, or the city or town in question, is situated,
and, when appropriate, shall include the recorder of the Land Court.
The Registry of Deeds of the county or district in which
the land in question is situated, and, when appropriate, shall include
the Land Court.
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 of 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 Town Clerk of the Town of Southwick 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 Town of Southwick, 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 building erected to be erected thereon. Such frontage shall be of at least such a distance as is required by Chapter 185, the Zoning Bylaw of the Town of Southwick, for erection of a building on such lot. Conveyances or other instruments adding to, taking away from or changing the size and shape of lots in such 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 Town of Southwick into separate lots on each of which one of such buildings remains standing, shall not constitute a "subdivision."
The DPW Director or other official designated by the Select
Board[1] in charge of streets and roadways of the Town of Southwick.
The Town of Southwick.
[1]
Editor's Note: Article 11 of the 5-17-2016 ATM changed the
name of the Board of Selectmen to the Select Board.
A.
Submission and notice. Any person who wishes to cause to be recorded
with 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 and application form
(and six contact prints thereof) to the Board, with an appropriate
application fee per lot, accompanied by the necessary evidence to
show 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.
[Amended 5-2-2000]
A1.
Intent. This regulation is not intended to control,
prohibit or discourage the division of a tract of land into two or
more lots. The intent is to provide future owners with a true and
complete representation of their property; to ensure compliance with
the Zoning Bylaws of the Town, more specifically the requirements
of frontage, minimum setback and adequate access.
[Amended 5-2-2000]
A2.
Content. The plan shall be drawn by a registered
professional engineer or land surveyor. It shall be clearly and legibly
drawn with black India ink upon coated Mylar and shall be twenty-four
by thirty-six (24 x 36) inches in overall dimensions. There shall
be a one-inch margin for filing purposes on one twenty-four-inch edge
of the sheet. The plan shall be prepared at a scale sufficient to
show details clearly and adequately. The plan shall contain the following
information:
(1)
Name and address of owner of record, applicant, engineer and surveyor,
North point, date and scale.
(2)
Names of all abutting landowners.
(3)
The most recent layout, date of layout, name and width of all streets,
public and private, bounding the property.
(4)
Sufficient data to determine readily the location, direction and
length of every boundary line of the property.
(5)
The location of all existing buildings and site features within and
adjacent to the property. Site features shall include but are not
limited to such things as stone walls; fences; large trees and wooded
areas; outcropping of ledge; swamps; watercourses and bodies of water.
(6)
Location, width, grade and type of surface of the present traveled
way. The type, size and direction of flow of all culverts, catch basins
and manholes shall all be clearly shown on profile sheet.
(7)
All easements, covenants and restriction shall be clearly defined
and a reference to the volume and page of the land records, where
they appear, shall be given.
(8)
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.
[Added 5-2-2000]
(9)
A locus map at a scale of 1,000 feet to the inch.
[Added 5-2-2000]
B.
Endorsement by Board of plan not requiring approval. If the Board
determines that the plan does not require approval, it shall forthwith,
without a public hearing, affix the signatures of a majority of the
Board, as endorsement, to a form which shall be located in the lower
left portion of such plan by the applicant. Such endorsement shall
not be withheld unless such plan shows subdivision. The Board may
add to its endorsement a statement of the reasons approval is not
required. The original tracing of the plan shall be returned to the
applicant after completion of the endorsement. Such form of approval
shall be as follows:
|
PLANNING BOARD APPROVAL UNDER SUBDIVISION CONTROL LAW NOT REQUIRED day of ,
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PLANNING BOARD OF THE TOWN OF SOUTHWICK, MASSACHUSETTS
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C.
Determination by Board that plan requires approval. If the Board
shall determine that in its opinion the plan requires approval, it
shall give within 14 days' written notice of its determination to
the Town Clerk and to the person submitting the plan. Such person
may then submit his plan for approval as provided by law and these
rules and regulations, or he may appeal from such determination to
the Superior Court in accordance with the provisions of MGL c. 41,
§ 81-BB, as amended.
D.
Failure of Board to act. If the Board fails to act upon a plan submitted
under this section within 21 days after its submission, it shall be
deemed to have determined that approval of such plan under the Subdivision
Control Law is not required and it shall forthwith make such endorsement
on said plan, and on its failure to do so forthwith, the Town Clerk
shall issue a certificate to the same effect. The plan shall be delivered
by the Board, and the certificate by the Town Clerk, to the applicant.
[Amended 5-2-2000]
A.
Approval of subdivision plan required. Any persons desiring to make a subdivision within the meaning of the Subdivision Control Law of any land within the Town shall, before proceeding with the improvements or sale of lots in the subdivision, or the construction of ways, or the installation of services therein, submit to the Board a plan of the subdivision and secure approval by the Board of a definitive plan as hereinafter provided. Experience has shown that economics of time and materials can be realized if any person desiring to make a subdivision first familiarizes himself with the provisions of Chapter 185, the Zoning Bylaw of the Town of Southwick, and of these rules and regulations governing subdivisions.
B.
Compliance with these rules and regulations. All plans and all procedures
relating thereto shall in all respects comply with the provisions
of these rules and regulations, unless the Board authorizes a minor
variation therefrom in specified instances.
C.
Compliance with Zoning Bylaw. The Planning Board will not approve or modify and approve any plan of a subdivision of land unless all lots shown on said plan comply with Chapter 185, the Zoning Bylaw of the Town of Southwick, or unless a variance from the terms thereof has been properly granted by the Zoning Board of Appeals in accordance with the provision of Chapter 40A of the Massachusetts General Laws.
D.
Criteria for Board action. The Board, in considering any proposed
subdivision plan, will be concerned with the requirements of the community
and the best use of the land being subdivided. Particular attention
will be given to width, arrangement of lots, open areas and parks.
Adequate street connections shall be required wherever feasible to
ensure access to adjoining subdivisions and lands.
Steps in securing approval of subdivision plan shall be as follows:
A.
Secure information on zoning and application forms.
B.
File eight copies of the preliminary plan with the Planning Board
with notice thereof to the Town Clerk and additional copies of such
plan with the Planning Board, the Board of Health, Conservation Commission,
DPW Director and Water Commissioners.
[Amended 5-2-2000]
C.
Within 45 days the Planning Board shall decide upon a tentative approval,
disapproval or modification of the preliminary plan.
[Amended 5-2-2000]
D.
File the definitive plan and eight copies for reference to other Town boards, together with application, fee, etc., with the Planning Board and DPW Director, and give notice to the Town Clerk. See § 315-12, below.
[Amended 5-2-2000]
E.
Review by the Board of Health within 45 days after filing of the
definitive plan.
F.
Public hearing after 14 days' published notice.
G.
Planning Board shall act within 90 days of original submission of
the definitive plan. Extension of time may be requested by the applicant.
[Amended 5-2-2000; 6-23-2009]
H.
Prepare and submit bonds or other performance guaranties for improvements.
Amount of bond and other performance guaranties must be reviewed by
DPW Director and Town Clerk.
[Amended 6-23-2009]
I.
Certification and recording of definitive plan in the Registry of
Deeds.
J.
Completion of improvements and release of bonds.
[Added 9-28-1999]
A.
When reviewing an application for, or when conducting inspections
in relation to, subdivision approval, the Board may determine that
the assistance of outside consultants is warranted due to the size,
scale or complexity of a proposed project, because of a project's
potential impacts, or because the Town lacks the necessary expertise
to perform the work related to the approval. The Board may require
that applicants pay a project review fee consisting of the reasonable
costs incurred by the Board for the employment of outside consultants
engaged by the Board to assist in the review of a proposed project.
B.
In hiring outside consultants, the Board may engage engineers, planners,
lawyers, urban designers or other appropriate professionals who can
assist the Board in analyzing a project to ensure compliance with
all relevant laws, ordinances/bylaws and regulations. Such assistance
may include, but not be limited to, analyzing an application, monitoring
or inspecting a project or site for compliance with the Board's decision
or regulations or inspecting a project during construction or implementation.
C.
Funds received by the Board pursuant to this section shall be deposited
with the municipal treasurer who shall establish a special account
for this purpose. Expenditures from this special account may be made
at the direction of the Board without further appropriation. Expenditures
from this special account shall be made only for services rendered
in connection with a specific project or projects for which a project
review fee has been or will be collected from the applicant. Accrued
interest may also be spent for this purpose. Failure of an applicant
to pay a review fee shall be grounds for denial of the application.
D.
At the completion of the Board's review of a project, any excess
amount in the account, including interest, attributable to a specific
project shall be repaid to the applicant or the applicant's successor
in interest. A final report of said account shall be made available
to the applicant or applicant's successor in interest. For the purpose
of this regulation, any person or entity claiming to be an applicant's
successor in interest shall provide the Board with documentation establishing
such succession in interest.
E.
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Select Board. Such appeal must be
made in writing and may be taken only within 20 days after the Planning
Board has mailed or hand-delivered notice to the applicant of the
selection. The grounds for such an appeal shall be limited to claims
that the consultant selected has a conflict of interest or does not
possess the minimum, required qualifications. The minimum qualifications
shall consist either of an educational degree in, or related to, the
field at issue or three or more years of practice in the field at
issue or a related field. The required time limit for action upon
an application by the Board shall be extended by the duration of the
administrative appeal. In the event that no decision is made by the
Select Board within one month following the filing of the appeal,
the selection made by the Board shall stand.[1]
[1]
Editor's Note: Article 11 of the 5-17-2016 ATM changed the
name of the Board of Selectmen to the Select Board.
[Added 11-16-1999; amended 6-23-2009]
Below is the new fee schedule for ANR and Subdivision Applications,
effective November 16, 1999.
|
Item
|
Fee
|
|---|---|
|
Form A/Approval Not Required (ANR)
|
$75 per lot
|
|
Preliminary subdivision plan
|
$300, plus $30 per lot
|
|
Definitive subdivision plan
|
$500, plus $50 per lot
|
|
Definitive subdivision plan if no preliminary subdivision plan
has been filed
|
$800, plus $80 per lot
|
|
Extension of preliminary or definitive plan
|
$150
|
|
Amendment to a definitive subdivision plan
|
$300, plus $30 for each affected lot
|
