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Town of Swansea, MA
Bristol County
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"The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and town in which it is, or may hereafter be put in effect 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 a planning board and of a board of appeals under the subdivision control law shall be exercised with due regard for the provision of adequate access to all the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or bylaws; for securing adequate provision for water, sewerage, drainage, underground utility services, fire, police, and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdivisions. MGL Chapter 4, Section 81-M.[1]
[1]
Editor's Note: See MGL c. 41, § 81M.
Under the authority vested in the Planning Board of the Town of Swansea the Massachusetts Subdivision Control Law, MGL c. 41, §§ 81-K to 81-GG inclusive and all acts in amendment or supplement thereto, the Swansea Planning Board hereby adopts the following rules and regulations governing the subdivision of land in the Town of Swansea.
No person shall make a subdivision within the meaning of Subdivision Control Law of any land within the Town of Swansea, or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services and public utilities herein, unless and until a definitive plan of such subdivision has been submitted to and approved by the board as hereinafter provided.
For the purpose of the Rules and Regulations, the following words and forms used herein are hereby defined or the meaning thereof is explained or limited as follows:
APPLICANT
The person who applies for the approval of a plan of a subdivision or his administrators, executors, heirs, devisee, successors and assigns. The applicant shall certify that he is the owner of all the land included in the proposed subdivision.
APPROVAL
Approval by the Board of a definitive plan of a subdivision.
BOARD
The Planning Board of the Town of Swansea.
LAND COURT
Bristol County Fall River District of the Land Court.
LOT
An area of land in one ownership, with definitive boundaries, used or available for use, as the site of one or more buildings, even if the area of land shows on the assessor's maps or other documents as being composed as several lots. A lot within a subdivision shall mean any area of land with boundaries recorded or to be recorded without any interior division.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
That state agency designated as MassDOT.
[Added 6-6-2022]
MASSACHUSETTS HIGHWAY DEPARTMENT
That state agency designated as MHD or formerly as Massachusetts Department of Public Works (MDPW).
MINOR STREET
A street which is used solely for access to abutting lots, and serves as legal frontage and access to residential units.
OWNER
The owner of record as shown by the records in the Bristol County Fall River District Registry of Deeds or Bristol County Fall River District of the Land Court.
PERSON
An individual, two or more individuals, a partnership, association, or corporation.
PRINCIPAL STREET
A street which in the opinion of the Board is being used or will be used as a thoroughfare between different municipalities or will carry a heavy volume of traffic.
REGISTRY OF DEEDS
Bristol County Fall River District Registry of Deeds.
ROADWAY or TRAVELLED WAY
The portion of a street intended for vehicular use.
SELECTMEN
The Selectmen of the Town of Swansea.
SUBDIVIDER
The person undertaking the subdivision of land.
SUBDIVISION
As defined in MGL c. 41, § 81-L or any amendment thereof, addition thereto, or substitution therefor.
SUBDIVISION CONTROL LAW
Sections 81-K to 81-GG, inclusive, of Chapter 41 of the General Laws, and any acts in amendment thereof, in addition thereto or in substitution therefor.
SUPERVISOR OF HIGHWAY SERVICES
Director of Engineering and Highway Services for the Town of Swansea or person holding said position having a different title.
TOWN
Town of Swansea.
UTILITIES
Improvements for the provision of municipal or public services, such as water supply, sewerage, gas or steam piping, electricity, telephone, and others, serving more than one premises.