As used in these rules and regulations, the following terms shall have the meanings indicated:
APPLICANT (also SUBDIVIDER)
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]
BOARD
The Planning Board of the Town of Southwick.
EASEMENT
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]
GRADE
The number of feet rise per 100 feet of horizontal distance expressed as a percent.
LOT
An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings.
MUNICIPAL SERVICE
Public utilities furnished by the city or town in which a subdivision is located, such as water, sewerage, gas or electricity.
OWNER
The owner of record as shown by the records in the Hampden County Registry of Deeds.
[Added 5-2-2000]
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.
REGISIVRED MAIL
Registered or certified mail.
REGISTER OF DEEDS
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.
REGISTRY OF DEEDS
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.
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 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 DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS
The DPW Director or other official designated by the Select Board[1] in charge of streets and roadways of the Town of Southwick.
TOWN
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
,
PLANNING BOARD OF THE TOWN OF SOUTHWICK, MASSACHUSETTS
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