Under the authority vested in the Planning Board of the Town of Belchertown by MGL c. 41, § 81Q, as amended, and all subsequent amendments thereto, the Belchertown Planning Board hereby adopts these rules and regulations governing the subdivision of land pursuant to the Subdivision Control Law, MGL c. 41, §§ 81K through 81GG, inclusive, as amended. These regulations supersede regulations previously in effect and adopted October 24, 1989, as amended November 24, 1992.[1]
[1]
Editor's Note: The 10-24-1989 regulations, as amended, comprised former Ch. 270, Subdivision of Land.
These rules and regulations governing the subdivision of land in the Town of Belchertown have been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of Belchertown 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 and that will promote the most efficient use of the land within and adjacent to the subdivision.
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 the case of fire, flood, panic and other emergencies.
F.
Ensuring adequate provisions for water, sewer, drainage, utilities, street lighting, fire and police equipment and other requirements where necessary in a subdivision.
G.
Coordinating the ways in a subdivision with each other, with the ways in neighboring subdivisions, and with the surrounding public ways.
H.
The implementation of the Belchertown Master Plan to maintain community character, agricultural and forested lands.
I.
The protection or preservation of the values and functions of open space with particular emphasis on biological and ecological diversity, water supply and quality, aesthetics and recreation.
No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the Town of Belchertown, or proceed with the improvement or the sale of lots in a subdivision, or the construction of ways, or the installation of municipal services, unless a definitive plan of such subdivision has been permitted and approved by the Planning Board as hereinafter provided.
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, except for the requirements of the Board of Health. This may be done when such action is in the public interest and is consistent with the purpose and intent of the Subdivision Control Law. Such waivers may be granted only when the frontage or access requirements specified in the Subdivision Control Law and these subdivision regulations are met. The Planning Board may attach conditions to any waivers. The Planning Board shall endorse such conditions on the plan to which they relate, or set them forth in a separate instrument attached and referring to the plan, and which shall for the purpose of the Subdivision Control Law be deemed part of the plan.
B.
A request for a waiver of a requirement, rule, or regulation shall be made in writing by the applicant to the Planning Board at the time of application for definitive subdivision plan approval.
C.
The Planning Board shall notify the applicant in writing of its approval, approval with conditions, or disapproval.
These rules and regulations or any portion thereof may be amended from time to time in accordance with MGL c. 41, § 81Q of the Subdivision Control Law.
A.
All subdivision plans shall be reviewed by the following departments, boards, offices, and agencies for determination of public welfare, public safety, and overall environmental suitability, and for consistency with Belchertown's master plan, as adopted under MGL 41, § 81D:
| Board of Health | ||
| Board of Selectmen | ||
| Conservation Commission | ||
| Town Administrator | ||
| School Department Fire Department | ||
| Police Department | ||
| Department of Public Works | ||
| Historic Commission | ||
| Water District, if applicable | ||
| Boards and departments of abutting towns, if applicable | ||
| Massachusetts Highway Department, if applicable | ||
| Other agencies, if applicable, including, but not limited to: | ||
| Metropolitan District Commission | ||
| City of Springfield Water Department | ||
| Bondsville Water and Fire District | ||
| Town of Amherst Water Department | ||
B.
Certification of performance relative to the proper construction and installation of 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 Belchertown in the Hampshire Registry of Deeds prior to the effective date of the Subdivision Control Law in the Town of Belchertown 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 exempted by MGL c. 41, § 81FF of the Subdivision Control Law.
No public street or utility construction shall commence until an approved definitive plan for subdivision has been endorsed by the Planning Board and filed with the Town Clerk. Any construction done prior to approval is performed at the risk of the subdivider and shall be the subdivider's sole responsibility.
For the purposes of these rules and regulations, unless a contrary intention clearly appears, the terms and words defined in MGL c. 41, § 81L shall have the meanings given therein. In addition, the following terms and words shall have the following meanings:
The owner of property which is contiguous to the property being subdivided, the owner of property with frontage immediately across a public way from the property being subdivided, and the owner of property not contiguous but within 300 feet of the property being subdivided. This will be identified from the Assessor's records at the time of application.
"Applicant" shall include an owner or his agent or representative, or his assigns. Also see DEVELOPER and SUBDIVIDER.
The application for the approval of a proposed subdivision or resubdivision of land, preliminary or definitive, or for an endorsement of an "approval not required," or "ANR," plan (Form A).
The Planning Board of the Town of Belchertown.
As applied to a plan or other instrument required or authorized by the Subdivision Control Law to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of a Planning Board, or by its Chairman or Clerk or any other person authorized by it to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and Recorder of the Land Court, signed by a majority of the Board.
The Code of Massachusetts Regulations.
Specifically, the circle, bulb, or "lollipop," for turning around at the end of a dead-end street; sometimes used to refer to the entire dead-end street ending in such a turning area.
[Amended 7-26-2005]
A street or network of streets having only one intersection with a through street. Dead-end streets include culs-de-sac, closed loop streets, open loop streets, or any other street connecting only to another dead-end street.
[Added 7-26-2005]
Any new street connecting to a dead-end is an extension of the dead-end unless it connects to another street to result in a through street.
[Added 7-26-2005]
Artificial water body where stormwater is collected and held temporarily (detained) prior to timed release into a receiving stormwater drainage system, swale, or water body.
The applicant for subdivision approval, not necessarily the owner of the land, but the person, persons, or corporation responsible for the subdivision application and development. This is interchangeable with APPLICANT and SUBDIVIDER. The developer may or may not be the original applicant, and may be a subsequent owner of the subdivision.
Any construction or grading activities conducted on real estate.
The Director of Public Works, Town of Belchertown, responsible for maintaining all town roads and public ways and for ensuring that work performed on subdivisions is in accordance with specifications, or that official with the same responsibilities appointed to supersede this position.
A right to use or control real property owned by another for a specified purpose.
Any person who is licensed by the Commonwealth of Massachusetts to perform civil engineering service.
The General Laws of Massachusetts. In case of a rearrangement of the General Laws, any citation of particular sections of the General Laws shall be applicable to the corresponding sections in the new codification.
Any change to the existing conditions of a subdivision site for the purpose of complying with these regulations or rendering the site suitable for development and habitation. As used in these regulations, improvements include, but are not limited to, construction and installation of roadways, paved streets, berms, gutters, sidewalks, utilities, street signs, monuments, shade trees, drainage facilities, erosion and sedimentation control measures, fire ponds, sewage and water systems, buildings, earth filling or removal, seeding, and grading.
An intersection of two cul-de-sac streets with each other or the intersection of a cul-de-sac street with itself, such as on a loop road.
Changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce a desired aesthetic effect appropriate to the site.
[Added 7-26-2005]
CLOSED LOOP STREETA street, or street network, in a subdivision having internal circulation but only one intersection with a through street. A closed loop street is a dead-end.
OPEN LOOP STREETA street, or street network, in a subdivision having two or more intersections with a single public street. An open loop street is a dead-end if it connects only to a dead-end.
An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings.
Property within a subdivision designated to be deeded by the developer to the town or other approved agency, or to be maintained by the developer or owner in an undeveloped state in a manner approved by the Planning Board. Such open space is to be used for passive or active recreation, agriculture, forestry, rare and endangered species habitat, natural or scenic vistas, unique natural or cultural features, or greenways. Such open space shall be retained in substantially a natural, wild or open condition, or in a landscaped condition in such a manner as to allow to a significant extent the preservation of wildlife or other natural resources. Open space shall be contiguous areas containing a high ratio of interior area to edge area. Open space shall contain to the greatest extent possible soils uniquely suited to agricultural use and that further create greenway corridors to establish linkages in landscape. Such areas shall be of adequate size and configuration to accommodate the intended use, and shall not include narrow or irregular pieces of land which are remnants from the layout of lots, streets, or drainage structures. Open space does not include areas designated for sediment control, erosion control, or stormwater control, nor does it include wetland resource areas. Such areas are considered part of the subdivision structure, and are not intended to be for recreation.
The owner of record as shown by the records in the Hampshire Registry of Deeds or the Land Court.
A guarantee, in the form of a surety bond, cash, savings passbook, negotiable securities or lender's agreement, by the developer, to be used to complete subdivision improvements if the developer does not complete the improvements as promised, as required by MGL c. 41, § 81U.
A proposed, detailed plan of a subdivision submitted by the applicant, to be recorded in a Registry of Deeds or Land Court when approved and endorsed by the Planning Board.
A Planning Board, established under MGL c. 41 § 81A, or a Board of Selectmen acting as a Planning Board under said section, or a Board of Survey in a city or town which has accepted the provisions of the Subdivision Control Law as provided in MGL c. 41 § 81N or corresponding provisions of earlier laws, or has been established by special law, with powers of subdivision control.
A plan of a proposed subdivision or resubdivision of land drawn on tracing paper, or a print thereof, showing:
The subdivision name, boundaries, North point, date, scale, legend and title "Preliminary Plan";
The names of the record owner and the applicant and the name of the designer, engineer or surveyor;
The names of all abutters, as determined from the most recent local tax list;
The existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner;
The proposed system of drainage, including adjacent existing natural waterways, in a general manner;
The approximate boundary lines of proposed lots, with approximate areas and dimensions;
The names, approximate location and widths of adjacent streets; and
The topography of the land in a general manner.
Recorded in the Registry of Deeds of the county or district in which the land in question is situated, except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court.
Artificial water body where stormwater is collected and held (retained) instead of being released into a receiving stormwater drainage system, swale, or water body.
That portion of land which is or is intended to be made available for the construction of roadways, ditches, drainage structures and utility lines and is to be conveyed to the town in the case of a proposed town road, or conveyed to an association charged with maintenance of such right-of-way in the case of a private road, including but not limited to the traveled portion and all adjacent land encumbered or intended to be encumbered by all necessary easements. The form and content of the instrument of conveyance shall be subject to the approval of the Town Attorney, at the option of the Planning Board.
The parcel of land between street property lines, which are defined as the limits of land dedicated, secured or reserved for public transportation uses.
That portion of a way which is designed and constructed or intended to be constructed for vehicular travel, also known as the traveled portion of the way. See also STREET.
The land in the floodplain subject to a one-percent or greater chance of flooding in a given year. The special flood hazard area contains all Zones A and A1-A30 as determined from Flood Insurance Rate Maps dated September 2, 1981, and subsequent revisions, and contains all land within the Floodplain District on the Official Zoning Map of the Town of Belchertown.
Structural or vegetative treatment applied to an area in order to prevent soil erosion.
Standard Specifications for Highways and Bridges, Massachusetts Highway Department, 1995 Metric Edition.
A public or private way either shown on a plan approved in accordance with these rules and regulations or otherwise qualifying a lot for access and frontage under MGL c. 41, § 81L.
STREET, COLLECTORA street designed to receive and distribute traffic from and to various sub-areas and neighborhoods, and which will carry a substantial volume of traffic generally, over 400 vehicles per day.
STREET, MINORA street which primarily provides access to adjacent land uses. It may be either a through street or a cul-de-sac.
Two or more connected streets.
[Added 7-26-2005]
The applicant for subdivision approval, not necessarily the owner of the land, but the person, persons, or corporation responsible for the subdivision application and development. This is interchangeable with APPLICANT and DEVELOPER. The subdivider may or may not be the original applicant, but may be a purchaser of the subdivision, or assignee of the original applicant.
The division of a tract of land into two or more lots and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on a public way or a way which the Clerk of the city or town certifies is maintained and used as a public way, or a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or a way in existence when the Subdivision Control Law became effective in the city or town in which the land lies, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by zoning or other ordinance or bylaw, if any, of said city or town for erection of a building on such lot, and if no distance is so required, such frontage shall be of at least twenty feet. Conveyances or other instruments adding to, taking away from, or changing the size and shape of lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision.
Refers to MGL c. 41, §§ 81K to 81GG, inclusive, entitled the "Subdivision Control Law," as last amended.
Any person who is licensed by the Commonwealth of Massachusetts to perform surveying services.
A street having at least two intersections with other through streets, such that there are two fully independent routes of egress from any point on any through street.
[Added 7-26-2005]
The Town of Belchertown, Commonwealth of Massachusetts.
Public utilities furnished by off-site providers, such as water, sewer, gas, electricity, telephone, television, or other media.
A right-of-way or means of access to a lot. A public way is a way which has been accepted by, and the land owned by, the Town of Belchertown, or by other means created as a public street. Any other way (private way) is a way over land which is owned by a private party but which is set forth by deed covenant, deed description or by other means as a private way.
