Town of Harwich, MA
Barnstable County
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[HISTORY: Adopted by the Town of Harwich as indicated in article histories. Amendments noted where applicable.]
The Rules and Regulations Governing Subdivisions and Special Permits including Site Plan Review of the Town of Harwich, Massachusetts, adopted by the Planning Board of the Town of Harwich on May 1, 2003, as amended through November 12, 2008, as renumbered, revised and codified by General Code and set forth as Chapter 400 of the Code of the Town of Harwich are hereby approved.
The provisions of Chapter 400, insofar as they are substantively the same as those of regulations in force immediately prior to this acceptance of Chapter 400, are intended as a continuation of such regulations and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior regulation. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Planning Board of the Town of Harwich, and it is the intention of said Planning Board that each such provision contained in Chapter 400 is hereby reaffirmed as it appears in the Code.
In compiling and preparing the regulations for renumbering and revision as part of the Code, certain corrections in grammar, spelling and punctuation were made in said regulations. It is the intention of the Planning Board that all such changes be accepted as part of the regulations as if the regulations so changed had been previously formally adopted to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this enactment. (Chapter and section number references are to the regulations as they have been renumbered and appear in the Code.)
In the definition of "Drinking Water Resource Protection District" in § 400-5 the map date of December 1996 has been changed to December 1997.
In the definition of "subdivision" in § 400-5 the following changes have been made: "the clerk of the city or town" has been changed to "Town Clerk"; "the city or town in which the land lies" has been changed to "the Town"; and "zoning or other ordinance or bylaw, if any, of said city or town" has been changed to "the Zoning Bylaw of the Town."
In § 400-11A(1) the word "plan" has been deleted following "access"; a period has been added after "Subdivision Control Law"; and the wording "The plan" has been added before "will be scheduled."
In § 400-14E(2) the wording "must be provided for disposal" has been changed to "disposal must be provided for."
Section 400-18A(3) has been revised to match the wording of § 400-11C(1)(c).
In § 400-18E the reference to § MGL c. 40A, § 2 has been deleted (§ 2 was repealed in 1987).
Section 400-20, which duplicated § 325-102 of the Zoning Bylaw, has been replaced with the following reference statement: "Earth removal and sand and gravel mining within the Six Ponds Special District require an operations permit in accordance with § 325-102 of the Zoning Bylaw."