No person shall make a subdivision within the meaning of the
Subdivision Control Law of any land within the Town, or proceed with
the improvements or sale of lots in a subdivision, or the construction
of ways, or the installation of municipal services therein, unless
and until a plan has been endorsed "Planning Board Approval Not Required"
or a definitive plan of such subdivision has been submitted to and
approved by the Board (M.G.L. Ch. 41, S. 81O).
Not more than one structure designed or available for use for
dwelling purposes shall be erected or placed or converted to use as
such on any lot in a subdivision, without the consent of the Board,
and such consent may be made conditional upon the providing of adequate
ways furnishing access to each site for such structure, in the same
manner as otherwise required for lots within a subdivision. (M.G.L.
Ch. 41, S. 81Q)
The recording of a plan of subdivision within the Town in Worcester
Registry of Deeds prior to the effective date of the Subdivision Control
Law in the Town of Millbury shall not exempt the land within such
subdivision from the application and operation of these Rules and
Regulations except as specifically exempt by Chapter 41, Section 81FF,
of the Massachusetts General Laws and the Millbury Zoning Bylaws.
For matters not covered by these Rules and Regulations, reference
is made to Sections 81K to 81GG, inclusive, of Chapter 41 of the Massachusetts
General Laws.
No subdivision plan shall be approved by the Board unless the
size, shape, width, and frontage of all lots within the subdivision
comply with the applicable provisions of the Zoning Bylaws of the
Town of Millbury. Nonconforming lots may be included on a plan only
if the Board records on the mylar that said lots are unbuildable.
If any part or portions of these Rules and Regulations be adjudicated
as invalid, the adjudication shall apply only to the material so adjudged,
and the remaining Rules and Regulations shall be deemed valid and
of full force and effect. (M.G.L. Ch. 41, S. 81GG).
The Board may waive strict compliance with any of these Rules
and Regulations if it deems it in the public interest in accordance
with M.G.L. Ch. 41, S. 81R.
Plans intended for review at a regular meeting of the Board
shall be forwarded to the Department of Planning and Development by
delivery or by certified mail at least five full working days prior
to the Board meeting.
No plan for review, whether for approval or for endorsement of approval not required (See Section 4 and Section 5.) shall be accepted as a submittal unless and until all information necessary for such review, as described in these Regulations under the applicable provisions of the requirements set forth in Sections
3.8,
3.10,
3.11,
4.0,
4.1,
5.1, and
5.3, are fully provided unless waivers are requested in writing. At the time of submission, the Board or its agent shall make a determination, using a checklist (See Appendix A.), that the submission requirements are either complete
or incomplete.
If the submission has been determined to be incomplete, the
plan shall be returned to the applicant either in person or by certified
mail with a letter indicating that insufficient information has been
provided making it impossible for the Board to adequately review the
plan, approve the plan, or endorse the plan "Approval Not Required."
Incomplete plans shall not be considered submittals and shall not
be considered the start of any time limits within which the Board
is required to act under various provisions of Subdivision Control.
If the submission has been determined to be complete, the applicant
shall file written notice (Form A, B or C.) with the Town Clerk by delivery or by certified mail,
postage prepaid. The Town Clerk shall time and date stamp said notice
to fix the date of submission.
[Amended 1-22-2007; 2-13-2023]
For ANR, subdivision and as-built plans, the applicant shall
submit a digital copy of the complete application in a PDF or similar
file format as approved by the Planning Board. The applicant shall
also submit a digital version of the plan in AutoCAD DWG or ASCII
DXF format. The digital plan shall be submitted by email, USB, or
other delivery format as approved by the Planning Board. The submitted
digital plan shall contain geographic data in accordance with the
2007 standard for digital plan submission to municipalities issued
by MassGIS (Bureau of Geographic Information), or the most recent
edition of this publication. This publication, or any succeeding edition
of this publication, is hereby incorporated as part of these Regulations.
Submission
|
Decision
|
Appeal
|
---|
ANR
|
Within 21 days
|
Within 60 days
|
Preliminary plan
|
Within 45 days
|
Not applicable
|
Definitive plan (preliminary plan submitted)
|
Within 90 days
|
Within 20 days
|
Definitive plan (no preliminary plan)
|
Within 135 days
|
Within 20 days
|
The fees indicated in Appendix A, Fee Schedule, shall accompany the submittal of application materials
of the various plans specified in the Rules and Regulations, to cover
costs of processing the application and professional staff assistance
and review. The Fee Schedule is attached to these Rules and Regulations
for your information, but it is not part of these Rules and Regulations.
The Board may hire professional and technical consultants to
assist the Board in analyzing a project to ensure compliance with
all relevant laws, bylaws and regulations. Such assistance may include,
but not be limited to, analyzing an application, monitoring or inspecting
a project or site for compliance with the Board's decision or regulation,
or inspecting a project during construction or implementation. The
expenses for engaging professional and technical assistance and review
in connection with a subdivision shall be borne by the applicant.
The appropriate professional and technical review fee (See Appendix
A, Fee Schedule.) shall be paid to the Town of Millbury for deposit into
a special account established by the Town Treasurer under M.G.L. Chapter
44, Section 53G. The fee shall be paid at the time of submission of
a preliminary plan and/or definitive plan. The balance of this account
shall at no time be less than one-half the initial deposit, and the
applicant shall deposit with the Treasurer such additional funds as
are required to restore the account to the amount of the initial deposit
upon notice from the Board, by first class mail, that the amount on
deposit has been decreased by the expenditures described herein to
an amount at or below one-half of the initial deposit. If the applicant
fails to restore the account balance and the balance is insufficient
to pay incurred professional and technical review fees, the Board
shall send the invoice directly to the applicant. The Board shall
place a stop work order on subdivision construction activities by
not authorizing additional professional or technical work, including
inspections, until outstanding invoices are paid. Ninety days following
the Board's issuance of a certificate of completion (See Appendix
A.), any excess amount in the account attributable to that
project, including any interest accrued, shall be repaid to the applicant
or the applicant's successor in interest.
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Board of Selectmen. Such appeal must
be made in writing and may be taken only within 20 days after the
Planning Board has mailed or hand-delivered notice to the applicant
of the selection. The grounds for such an appeal shall be limited
to claims that the consultant selected has a conflict of interest
or does not possess the minimum, required qualifications. The minimum
qualifications shall consist either of an educational degree in, or
related to, the field at issue or three or more years of practice
in the field at issue or a related field. The required time limit
for action upon an application by the Board shall be extended by the
duration of the administrative appeal. In the event that no decision
is made by the Board of Selectmen within one month following the filing
of the appeal, the selection made by the Board shall stand.
In accordance with Chapter 5.05 of the General Bylaws of the
Town of Millbury, the Board may refuse to approve any application
or revoke approval of any application if the person, entity or principals
of an entity acting as applicant or developer is on the list provided
by the Town's collector of persons who have neglected or refused to
pay local taxes, betterments, fees and/or other charges owed to the
Town for not less than a twelve-month period and who have not filed
in good faith a pending application for abatement or a pending petition
before the appellate tax board.
The Building Inspector shall not issue any permit for the erection
of a building until first satisfied that the lot on which the building
is to be erected is not within a subdivision, or that a way furnishing
the access to a lot within a subdivision as required by subdivision
control is shown on a recorded plan and that any conditions endorsed
thereon limiting the right to erect or maintain buildings on such
lot have been satisfied, the way providing access to a lot has been
constructed to the base course and fire suppression facilities have
been installed and meet the requirements of the Fire Chief.