The Planning Board hereby ratifies and confirms the 2012 recodification
of its regulations as part of the Code of the Town of Plainville.
The following revisions have been made, as incorporated in Division
4 of the document entitled "Draft Regulations —
Code of the Town of Plainville," published in December 2011, prepared
by General Code, LLC, on file in the office of the Town Clerk:
A. A chapter
number has been assigned to each distinct regulation;
B. Each section
of the regulation has been renumbered accordingly;
C. Chapter
and section titles have been inserted;
D. Internal
references have been updated to reflect the new numbering system;
and
E. Defined
terms have been reorganized so they are indented and capitalized in
distinct definitions sections of various chapters.
The Planning Board hereby ratifies the following global changes
to the text of its previous regulations, all as incorporated in Division
4 of the document entitled "Draft Regulations —
Code of the Town of Plainville," published in December 2011, prepared
by General Code, LLC, on file in the office of the Town Clerk:
A. Statutory
references to the Massachusetts General Laws were revised to a standard
citation form as MGL c. __, § ___.
B. Certain grammatical changes and other minor nonsubstantive changes were made according to publishing standards (i.e., "style conventions"); however, no changes in the meaning or intent of the Board’s regulations have been made, except as specifically noted in §
523-4 hereof. It is the intention of the Planning Board that all such changes be adopted as part of Division 4 of the Code as if the regulations had been previously formally amended to read as such.
The provisions of the Code, insofar as they are substantively
the same as those of the regulations in force immediately prior to
the adoption of the codified regulations, 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, and it is the intention of said Planning Board that each such
provision contained within the Code is hereby reaffirmed as it appears
in said Code.
In conjunction with the codification of its regulations, the Planning Board authorized the following text revisions to its existing regulations in order to bring provisions in line with current practice. In Chapter
540, Subdivision of Land, the following revisions are enacted:
A. Section
540-9 is revised to read as follows: "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."
B. In §
540-21B, the specific fee is replaced with wording referring to the Fee Schedule in the second sentence.
C. The statutory citation to the "Hatch Act" in §
540-34A(2), citing "Section 117C of Chapter 131 of the General Laws" is corrected to read "MGL c. 131, § 40," as said statute was renumbered in 1967.
D. In §
540-49C, the specific fee is replaced with wording referring to the Fee Schedule.
E. In §
540-55A and
B(1), the specific fees are replaced with wording referring to the Fee Schedule.
If any clause, sentence, paragraph, section, article, chapter
or part of this resolution or of any regulation included in Division
4 of the Code of the Town of Plainville now or through supplementation
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, article, chapter or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
The provisions of this resolution are hereby made Chapter
523 of the Code of the Town of Plainville, entitled "Adoption of Codified Regulations by Planning Board," and the sections of this resolution shall be numbered §§
523-1 to
523-7, inclusive.
This resolution shall take effect immediately upon adoption
by the Planning Board.