Under the authority vested in the Planning Board of the Town
of South Hadley by MGL c. 41, § 81Q, as amended, and all
subsequent amendments thereto, said Board hereby adopts these Rules
and Regulations Governing the Subdivision of land in the Town of South
Hadley under the Subdivision Control Law, MGL c. 41, §§ 81K
through 81GG, inclusive, as amended.
Pursuant to MGL c. 41, § 81M, these Rules and Regulations
Governing the Subdivision of Land in the Town of South Hadley have
been enacted for the purpose of protecting the safety, convenience
and welfare of the inhabitants of South Hadley by regulating the laying
out and construction of ways in subdivisions providing access to the
several lots therein, but which have not become public ways, and ensuring
sanitary conditions in subdivisions and ,in proper cases, parks and
open areas. The powers of the Planning Board and the Board of Appeals
under the Subdivision Control Law shall be exercised with due regard
for:
A.
The provision of adequate access to all lots in a subdivision by
ways that will be safe and convenient for travel;
B.
Lessening congestion in such ways and in the adjacent public ways;
C.
Reducing danger to life and limb in the adjacent public ways;
D.
Securing safety in case of fire, flood, panic and other emergencies;
F.
Securing adequate provisions for water, sewerage, drainage, underground
utility services, streetlighting, fire and police equipment in a subdivision;
G.
Coordinating the ways in a subdivision with each other and with the
public ways in the Town of South Hadley and with ways in neighboring
subdivisions.
No person shall make a subdivision within the meaning of the
Subdivision Control Law of any land within the Town of South Hadley,
or proceed with the improvement or sale of lots in a subdivision,
or the construction of ways, or installation of municipal services
therein, unless and until a definitive plan of such subdivision has
been submitted and approved by the Planning Board as hereinafter provided.
Not more than one building designed or available for use for
dwelling purposes shall be erected or placed or converted to use as
such on any lot in the Town of South Hadley without consent of the
Planning Board, and such consent may be conditional upon the providing
of adequate ways furnishing access to each site for such building,
in the same manner as otherwise required for lots within a subdivision.
A.
The Planning Board may, in special and appropriate cases, waive strict
compliance with such portions of these rules and regulations as provided
for in MGL c. 41, § 81R, where such action is in the public
interest and not inconsistent with the purpose and intent of the Subdivision
Control Law.
B.
A request for a waiver of a requirement, rule or regulation shall
be made by the applicant in writing at the time of the filing of the
definitive plan. Such request shall fully set forth the reasons for
the waiver.
C.
If the Planning Board approves the request for a waiver, it shall
endorse conditions of such waiver (if any) on the plan or set them
forth in a separate instrument attached to and referenced on the plan,
which shall be deemed a part of the plan.
These rules and regulations or any portion thereof may be amended
from time to time in accordance with MGL c. 41, § 81Q.
The invalidity of any section, paragraph, clause or provision
of these rules and regulations shall not invalidate any other section,
paragraph, clause or provision thereof.
A.
In the Town of South Hadley, certain utility services provided to
subdivisions are under the jurisdiction of various Town departments
and other quasi-public agencies, namely:
(1)
Sanitary
sewerage and storm drainage systems: Board of Selectmen, Department
of Public Works Superintendent (DPW Superintendent) or his designee.
Hereinafter, the term "DPW Superintendent" includes "or his designee."
(2)
Water
supply and distribution system: Board of Water Commissioners from
either Fire District No. 1 or No. 2.
(3)
Supply
of electricity: the South Hadley Electric Light Department.
B.
Compliance with the applicable regulations and requirements of these
aforementioned agencies and departments shall be required before a
plan is approved by the Board, and certification of performance relative
to the proper construction and installation of the respective utilities
shall be required before the performance guarantee can be reduced
or released.
The recording of a plan of land within the Town of South Hadley
in the Hampshire County Registry of Deeds prior to the effective date
of the Subdivision Control Law in the Town, (February 8, 1954), showing
the division thereof into existing or proposed lots, sites or other
divisions and ways furnishing access thereto, shall not exempt such
land from the application and operation of these rules and regulations
except as specifically exempt by MGL c. 41, § 81FF of the
Subdivision Control Law.
