These "Rules and Regulations Governing the Subdivision of Land
in the Town of Plainville, Massachusetts," have been adopted by the
Plainville Planning Board on April 5, 1971, and last amended September
16, 1992, after duly advertised public hearings, under the authority
of MGL c. 41, § 81Q, and other relevant sections thereof.
These rules and regulations have been enacted for the purpose
of protecting the safety, convenience and welfare of the current and
future inhabitants of the Town of Plainville, as provided in MGL c.
41, §§ 81M, 81Q, and other relevant sections thereof.
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, or offer said lots
for sale, or apply for the issuance of building permits, or proceed
with the erection of buildings thereon, unless and until a definitive
plan of such subdivision has been submitted to and approved by the
Planning Board, endorsed and recorded, as hereinafter provided. "Improvement"
shall include excavation and grading for the purposes of construction.
No plans shall be approved or endorsed by the Planning Board unless the land and the location of building shown thereon comply with all applicable provisions of Chapter
500, Zoning, of the Code of the Town of Plainville.
The recording of a plan before the Subdivision Control Law became effective in the Town of Plainville, or the recording of a plan in violation of §
540-3 hereof, shall not exempt such land from the operation of said Law and of these rules and regulations, except with respect to lots which had been sold and were held in bona fide separate ownership when said Law went into effect in Plainville and to rights-of-way and other easements appurtenant to said lots, except that subdivisions of land registered in the Land Court shall have the same validity as if approved by the Planning Board.
No building shall be erected or used, or premises used, except
in conformity with the Intensity of Use Schedule, and no more than one building shall be erected or used
on any one lot.
The Planning Board assumes all information presented to it to
be true and correct, unless evidence is presented to the contrary.
The provision of full, true and correct information and the securing
of all necessary rights, releases, licenses and permits from others
are responsibilities of the applicant, and the failure to do so shall
be deemed to be a reason to disapprove or rescind the approval of
a subdivision plan and for other remedial action.
The Planning Board may waive strict compliance with specific
provisions of these rules and regulations, when such action is in
the public interest and not inconsistent with the intent and purpose
of the Subdivision Control Law. Specifically, the Board may waive or modify construction
requirements for ways upon a condition limiting the lots on which
buildings may be erected and the length of time for which the particular
buildings may be maintained. Such waivers shall be endorsed on the
plan to which they apply or contained in a separate document referred
to on such plan.
[Amended 3-14-2012]
The Board of Appeals established under §
500-6 of Chapter
500, Zoning, of the Code of the Town of Plainville shall serve as the Board of Appeals as provided for under MGL c. 41, § 81Z.
For matters not covered by these rules and regulations reference
is made to MGL c. 41, §§ 81K to 81GG, inclusive.
These rules and regulations do not supersede other applicable laws, bylaws, and regulations. Specifically, but without limitation, MGL c. 140, § 30, regarding alterations of wetlands, and §
500-34 of Chapter
500, Zoning, of the Code of the Town of Plainville, regarding earth materials removal, apply in all subdivisions and elsewhere.
Members of the Planning Board and its agents may enter upon
any lands and thereon make examinations and surveys, but any person
injured by such entry or other acts without his consent may recover
damages under MGL c. 79.
The Planning Board fees shall consist of 1) application fees, 2) review fees, and 3) inspection fees set forth in
Appendix N.
If any provision of these rules and regulations or the administration
thereof shall be held unconstitutional, invalid, or void, it shall
not affect any other provision of these rules and regulations or the
administration thereof.