Town of Belchertown, MA
Hampshire County
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  1. Ch 145 Attachment 2 - Table of Dimensional Regulations
    ZONING 145 Attachment 2 Town of Belchertown Table of Dimensional Regulations [Amended 5-13-1996 ATM by ... 2:1 01 - 01 - 2018 BELCHERTOWN CODE Town of Belchertown Table of Dimensional Regulations (Continued) Minimum Minimum ...
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  2. § 145-55 Dimensional standards.
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    See the Table of Open Space Community Development Dimensional Standards. Editor's Note: The Table of Open Space Community Development Dimensional Standards is included at the end of this chapter.
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  3. § 145-16 Regulations established.
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    See the Table of Dimensional Regulations. Editor's Note: Said table is included at the end of this chapter.
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  4. Town of Belchertown, MA
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    Part I, Bylaws Part II, Regulations Appendix Disposition List
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  5. § 294-5 Regulations.
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    ... is required from the Board of Health to use an OWB/F in the Town of Belchertown. Any person desiring to ... for a permit from the Board of Health prior to applying for ... a permit from the Department of Inspection Services to install and/or use of such OWB/F in the Town ...
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  6. § 252-2 Regulations.
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    The location of passing percolation tests and ... stake or similar method of identification for future ... by a complete set of plans designed in accordance with Title V and the Belchertown Board of Health regulations. Three copies of the application and plans ...
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  7. Ch 145 Attachment 3 - Open Space Community Development Dimensional Regulations
    ZONING 145 Attachment 3 Town of Belchertown Open Space Community Development Dimensional Standards Minimum Maximum ... 20 30 15/02 20% 2 853 20% of two-family dwelling units ... 20 30 15/02 20% 2 853 20% of two-family dwelling units ... lot shall have a minimum of 85 feet on a public or ...
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  8. § 104-1 South Belchertown sewerage system.
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    ... by the so-called "South Belchertown sewerage system," which ... discharges to the Town of Palmer sewerage system, shall ... until and unless the Town of Palmer develops and ... bylaws, ordinances, rules or regulations which have been approved by ... state or federal agencies to regulate use ...
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  9. § 145-75 Dimensional standards.
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    ... Center shall meet dimensional standards that are ... space, and service needs of the sites, notwithstanding the requirements of Article V of this chapter. Recommended ... in § 145-2 . Individual dimensional standards may be waived by ... consistent with the intent of this Business Neighborhood ...
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  10. § 208-2 Applicability of regulations.
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    These regulations, upon adoption by Town Meeting, supersede any preexisting regulations in effect, and are intended to provide guidance for the use, operation, and maintenance of all the cemeteries under the jurisdiction of the Town of Belchertown.
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  11. § 235-7 Incorporation of state regulations.
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    The provisions of MGL c. 30A, including those ... if said Board were an agency of the commonwealth, as well as ... agency order. The rules and regulations at 801 CMR 1.00 et seq., as adopted by the Secretary of Administration for ... agencies for the conduct of both formal and informal ...
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  12. § 265-7 General regulations.
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    ... generated from outside Belchertown shall be disposed of by residents or haulers at ... vehicle, may be disposed of at the Transfer Station. ... on the first Saturday of each month (weather ... the composting area any day of the week. Used motor oil may be disposed of at the Transfer Station ...
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  13. § 290-11 Additional regulations for inland wetlands.
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    ... exempt from the provisions of the Wetlands Protection Act, ... from the Wetlands Protection Regulations, 310 CMR 10.00 (normal maintenance or improvement of land in agricultural use), ... also be exempt under the Belchertown Wetlands Regulations. Additionally, any ...
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  14. § 270-1 Authority; prior regulations superseded.
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    ... vested in the Planning Board of the Town of Belchertown by MGL c. 41, § 81Q, as ... amendments thereto, the Belchertown Planning Board hereby adopts these rules and regulations governing the subdivision of land pursuant to the ... inclusive, as amended. These regulations supersede ...
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  15. § 145-11 Schedule of Use Regulations.
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    The use types of each district are set forth in the following schedule, with supplemental information provided in other sections of this chapter. Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
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  16. § 285-2 Authority; effect on prior regulations.
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    These regulations are adopted by the Belchertown Board of Health as authorized by MGL c. 111, §§ 31, 122 and 127A. These regulations supersede all previous regulations adopted by the Board of Health pursuant to the construction of private wells.
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  17. § 261-5 Where smoking is not regulated.
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    ... any other provision of these regulations to the contrary, the ... smoking, as defined by these regulations, restrictions: [Amended ... private or semiprivate rooms of retirement or nursing homes ... that smoking is part of a theatrical production. ... any other provision of these ...
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  18. Ch 145 Attachment 1 - Schedule of Use Regulations
    ZONING 145 Attachment 1 Town of Belchertown Schedule of Use Regulations [Amended 3-20-1995 STM by ... over this schedule of uses. In the Schedule of Use Regulations, the abbreviations noted ... meanings: Y Permitted as of right N Not permitted SP/Z ...
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  19. § 139-8 Regulations of the Conservation Commission.
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    ... shall promulgate rules and regulations to effectuate the purposes of this chapter. Where these regulations define key terms in this ... may amend the rules and regulations after public notice and ... to alter said rules and regulations. Failure by the Commission to ...
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  20. § 256-46 General regulations.
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    ... or a total angular deviation of 180°. Cleanouts shall be ... shall be laid in an envelope of sand or other approved ... not less than six inches of said material well compacted ... and all around the barrel of the pipe. All pipe and ... be laid to a minimum slope of 1/4 inch per foot. In ...
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  21. § 145-66 Rules and regulations.
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    The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this article.
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  22. § 111-6 Rules and regulations.
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    The Director of the Department of Public Works may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Director of the Department of Public Works to promulgate such rules and regulations shall not have the effect of suspending or invalidating this bylaw.
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  23. § 270-20 Distribution; applicability of subdivision and zoning regulations.
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    A definitive plan of a subdivision must be ... the Planning Board, copies of which shall be forwarded to ... and the Department of Public Works for approval. ... information with the Board of Health. A definitive plan ... governed by the subdivision regulations in effect at the time ...
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  24. § 208-1 Rules and regulations.
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    Sale of lots shall in each case be ... therefor and by the delivery of a deed, and no lot shall be ... sold until said delivery of payment. The funeral director ... said lot, to the Department of Public Works Director or his ... established and the Director of Public Works or his agent ...
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  25. § 270-68 Board of Appeals.
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    The Board of Appeals for these rules and regulations, as provided for by MGL c. 41, § 81Z, of the Subdivision Control Law, shall be the same Board of Appeals provided for the Town of Belchertown for administering Chapter 145 , Zoning, of the Code of the Town of Belchertown.
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  26. § 270-7 Effect of prior recording of subdivision plan.
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    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 ... application and operation of these rules and ...
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  27. § 235-5 Adjustment of maximum rent.
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    The Board shall, by order or regulation as provided in § 235-6 , ... either upward or downward, of the maximum rent established ... shall observe the principle of maintaining rents at levels ... The Board, by regulation, may establish further ... may promulgate a schedule of standard rental increases or ...
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  28. § 270-33 Release of performance guarantee.
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    ... Board for partial release of the performance guarantee. ... completion and installation of required improvements as ... in Articles V and VI of these rules and regulations when a bond or deposit of money is the performance ... application, the penal sum of any such bond, or amount ...
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  29. § A302-1 List of votes.
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    1873 VOTED to grant control of Town Common to the Belchertown Park Association, in ... establish elected Trustees of Calvin Bridgman Funds. 1888 VOTED to accept a gift of $2,000 for the support of a public library from Miss ... after this date the number of constables appointed by the ...
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  30. § A300-1 List of acceptances.
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    ... to accept the provisions of Chapter 158 of the Acts of 1871 in regards to the care of highways and bridges. 1890 ... to accept the provisions of Sections 74, 75, 76 and 77 of Chapter 27 of the Public Statutes and to ... (for overlapping terms of three years). [Action revoked ...
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  31. § 51-5 Powers and duties of Commission.
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    ... have all powers and duties of Historic District Commissions ... by this chapter. Rules and regulations. The Commission may adopt rules and regulations not inconsistent with the provisions of the Historic District Act. ... to appropriation or receipt of monetary gifts, employ ...
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  32. 145-2{53} MINIMUM LOT WIDTH
    The diameter of a circle of the prescribed minimum lot ... line from the frontage of the lot through the rear of the lot's building envelope ... developments (§ 145-16 , Table of Dimensional Regulations, Note 6) in this chapter. ...
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  33. § 261-7 Retail sale of tobacco products.
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    ... and the consumer. Examples of methods of sale which are not permitted ... to any person under the age of 21 years old or, not being ... or tobacco products in any of their forms to any person under the age of 21 years, effective January ... or other person in charge of a store or other place used ...
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  34. § 145-24 Breeding, raising or keeping of animals.
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    ... raising and/or keeping of animals is permitted in Belchertown as a matter of right, subject to the following health and safety regulations. "Furbearing animals" is ... as defined in Article V of this chapter for a principal building of the zone in which they are ...
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  35. § 256-27 Powers of Board of Selectmen.
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    The Board of Selectmen is authorized and ... the town's POTW. The Board of Selectmen also reserves the ... establish in these rules and regulations general local limits for ... generators and transporters of holding wastes or other ...
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  36. § 109-4 Ownership of recyclables.
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    Once deposited in the correct container at the Town of Belchertown's transfer station, all recyclable material becomes the property of the Town of Belchertown.
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  37. § 85-3 Chief of Police.
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    The Selectmen shall appoint a Chief of Police under MGL c. 41, § 97 and make suitable regulations concerning the Police Department.
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  38. § 256-50 Revocation of permit.
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    ... the following conditions of these rules and regulations or applicable state and federal regulations is subject to having its ... with the procedures of § 256-51 of this article: Failure of a user to factually report ... and characteristics of its discharge; Failure ...
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  39. Ch 51 Attachment 1 - Belchertown Center Historic District Map
    HISTORIC DISTRICT 51 Attachment 1 Belchertown Center Historic District Map 51 Attachment 1:1 01 - 01 - 2017
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  40. § 116-1 Adoption of code provisions.
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    The Town of Belchertown has adopted the provisions of 780 CMR 120.AA (i.e., Appendix 120.AA of the State Building Code or the "Stretch Energy Code"), as may be amended from time to time, in place of the provisions set forth under 780 CMR 13.00, 34.00, 61.00 and 93.00.
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  41. § 261-9 Posting of signs.
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    ... Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed ... other place where smoking is regulated by this regulation by the owner, operator, ... other person having control of such building or other place. ...
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  42. § 270-4 Waiver of compliance.
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    ... with such portions of these rules and regulations as provided for in MGL c. 41, ... except for the requirements of the Board of Health. This may be done when ... with the purpose and intent of the Subdivision Control Law. ... Law and these subdivision regulations are met. The Planning Board ...
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  43. § 290-4 Areas of jurisdiction.
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    ... areas or within 100 feet of these resource areas, an area ... holes. Activities subject to regulation under the bylaw. Activities ... A which, in the judgment of the Commission, will remove, ... the bylaw is subject to regulation under the bylaw and requires the filing of an application for permit (§ ...
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  44. § 145-9 Intent of overlay districts.
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    ... to all lands within 100 feet of the annual high-water line of a stream, lake, pond or ... all lands within 100 feet of all poorly or very poorly ... areas within the boundary of the one-hundred-year flood ... Agency (FEMA), Town of Belchertown Flood Insurance Rate Map ...
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  45. § 38-5 Resolution of disputes.
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    ... with the owner or operator of the farm at issue. Such ... notwithstanding the pursuit of other available remedies through Town bylaws and regulations, state statutes and regulations, or legal remedy. The Town ...
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  46. § 256-24 Right of entry.
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    The Board of Selectmen, Director of Public Works, POTW Operations ... employees and agents of the town bearing proper ... all properties and all parts of the premises for the purposes of inspection, observation, ... copying in the performance of their duties in accordance ...
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  47. § 109-3 Preparation of recyclables.
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    ... hauling container. The flattening of containers is voluntary. Glass ... marked container. All users of the Belchertown transfer station/landfill facility, ...
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  48. § 270-71 Conflicts with other regulations.
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    Whenever these rules and regulations made under the authority hereof differ from those prescribed by any local bylaw or other local regulations, the provision that imposes the greater restriction or the highest standard shall govern.
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  49. § 83-5 Mailing of notice of response to property owner.
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    Notice of response by police or other ... owner listed on the Town of Belchertown property tax assessment ... as measured from the date of the first notice, shall result in liability of the property owner for all ...
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  50. § 78-4 Powers and duties of Board.
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    The Board shall regulate rents and set minimum ... for use or occupancy of mobile home park accommodations and evictions of tenants therefrom; may ... registration by owners of mobile home parks; and may require information of said owners relating to their parks under penalties of perjury. The Board may make ...
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  51. § 270-32 Review of plan; public hearing; action by Planning Board; performance guarantee.
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    Review by the Board of Health as to suitability of land. At the time of filing the definitive plan, ... also file with the Board of Health two prints of the definitive plan, together ... and reports. The Board of Health shall report to the ... its approval or disapproval of the plan. If the Board ...
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  52. § 270-3 Approval of definitive plan required.
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    ... 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 ...
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  53. § 23-2 Size and placement of numbers.
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    ... representing the address of such building. Said number ... four inches minimum height, of high contrast and affixed in ... foot) at the intersection of the private or public way on ... attached to both sides of a mailbox shall be considered ... is located on the same side of the private or public way as ...
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  54. Ch 145 Art V Dimensional Regulations
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    Dimensional Regulations
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  55. § 270-25 Adequacy of existing public ways.
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    ... Board for the provision of adequate access to all of the lots in a subdivision by ... and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other ... and with the public ways in Belchertown and, if applicable, adjoining ...
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  56. § 145-7 Division of lots by district boundaries.
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    ... line divides a lot or parcel of land of the same ownership of record at the time such line ... at adoption or amendment of this chapter, the regulations and provisions applicable to each of the different portions of said lot shall be those ...
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  57. § 145-57 Administration.
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    ... Chapter 270 , Subdivision of Land, of the Code of the Town of Belchertown. Each OSCD application and ... The location and acreage of areas to be devoted to ... uses. The proposed location of parks, open spaces, and other ... to municipal sewage from the Belchertown Department ...
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  58. § 270-18 Review of plan; action by Planning Board.
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    ... Planning Board, the Board of Health, and the Conservation ... set forth in these rules and regulations. (See § 270-6 for list of agencies.) Within 35 days after the date of submission, the Board of Health shall notify the Planning Board of its approval or disapproval ...
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  59. § 139-11 Right of entry; enforcement; violations and penalties.
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    ... owned land for the purpose of performing their duties under ... to enforce this chapter, its regulations and permits issued thereunder ... court actions. Upon request of the Commission, the Board of Selectmen and the Town ... legal action for enforcement of this chapter under civil law. ...
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  60. § 65-2 Denial, revocation or suspension of license or permit.
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    ... renewals and transfers, of any party whose name appears ... matter which is the subject of such license or permit and ... by applicable provisions of law, and the party is given a ... revocation or suspension of said license or permit to any ... charges payable to the Town of ...
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  61. 145-2{32} FLOODWAY
    ... floodplain boundaries on the Town of Belchertown Flood Insurance Rate Map (FIRM) ... A1-A30, as amended, and on the Town of Belchertown Floodway Boundary Map (FWBM), dated ... defined by the floodway data tables contained in the Flood Insurance ... 10 feet or more below the elevation of the floodplain limits described in ...
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  62. § 145-14 Aquifer Protection District.
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    Purpose. The purpose of this section is to promote ... health, safety and welfare of the community by protecting ... the groundwater resources of Belchertown from any use of land or structures which ... the quality or quantity of its water resources. Scope ...
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  63. § 145-47 Acceptance as a public way.
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    ... petitioning for acceptance of the common drive as a public ... Chapter 270 , Subdivision of Land, of the Code of the Town of Belchertown, for the construction and laying of ways, including requirements ... as built, conform with dimensional ...
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  64. § 100-1 Election; terms of office.
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    A Board of Selectmen of five members shall be elected for three-year overlapping terms.
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  65. § 145-22 Signs.
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    ... 13] Purpose. The purpose of this section is to: Ensure ... landscape and the character of the Town of Belchertown; Maintain and enhance the ... ability to attract sources of economic development; ... and consistent enforcement of these sign regulations. Applicability. The ...
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  66. § 111-10 Notification of spills.
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    ... any other requirements of local, state or federal law, ... operation, has information of any known or suspected release of materials at that facility ... result in illegal discharge of pollutants into the municipal ... resource area, or waters of the commonwealth, that person ...
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  67. § 219-4 Hours of operation.
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    ... shall engage in the sale of his/her wares between the hours of 8:00 p.m. EDST and 10:00 a.m. EDST during the months of May through August, inclusive, between the hours of 7:30 p.m. EDST and 10:00 a.m. ...
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  68. § 72-10 Rules of order.
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    The Moderator shall conduct all town meetings, not specifically provided by law or these bylaws, in accordance with the rules of practice contained in Robert's Rules of Order, as most recently amended.
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  69. § 256-13 Inspections; supervision of connection.
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    The applicant for the building sewer permit shall notify the Board of Selectmen when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Board of Selectmen or its representative.
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  70. § 42-1 Appointment; terms of office.
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    A Finance Committee of five members shall be ... said Committee. At the close of each Annual Town Meeting, ... a member or members of the Finance Committee for terms of three years to succeed the ... expire that year. The term of office shall begin on July 1 of each year.
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  71. § 72-8 Discharge of committees.
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    When a report of a committee is placed in the hands of the Moderator, it shall be ... committee. For the adoption of the recommendations of the committee, however, a ... be made under the report of any committee of the town until the matter has ...
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  72. § 72-2 Posting of warrants.
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    ... ATM by Art. 15] Notice of every town meeting shall be ... by posting an attested copy of the warrant calling the same ... Street; at the intersection of Gulf Road and Amherst Road; at the intersection of Metacomet Street and Bay Road; at the intersection of Rockimmon Street and Turkey ...
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  73. § 85-9 Rendering of bills.
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    Every officer or board of the town, at the time of rendering or transmitting any ... the town, shall, at the time of rendering or transmitting any ... however, that the provisions of this section shall not apply ...
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  74. § 256-52 Suspension of services.
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    ... wastewater discharge permit of an user when such suspension is necessary, in the opinion of the Board of Selectmen, to stop an actual ... to the health or welfare of persons or to the ... to violate any condition of its NPDES permit. Any user notified of a suspension ...
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  75. § 129-2 Use of sidewalks.
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    No person shall ride a bicycle, ride or drive a horse or any other animal or operate a motor vehicle on any public sidewalk of the town, unless authorized by the Selectmen.
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  76. § 219-6 Use of carts.
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    If the hawker, peddler or transient vendor utilizes a cart to display his/her wares, the mobility of the cart shall be restricted to that provided by two wheels.
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  77. § 23-1 Authority of Building Inspector.
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    The Building Inspector is authorized and directed to assign, correct and verify address numbers.
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  78. § 145-64 Grant of special permit.
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    ... in accordance with Section 9 of the Zoning Act (MGL c. 40A, § 9), ... Board may, after due consideration of the reports and recommendations of the Conservation Commission, Town ...
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  79. § 256-47 Notice of violation.
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    ... found to be violating any provision of this chapter, except § 256-23 , ... written notice stating the nature of the violation. A time limit for the ... offender shall, within the period of time stated in such notice, ...
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  80. § 145-68 Board of Appeals.
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    ... hereby established a Board of Appeals of three members and three ... to be appointed by the Board of Selectmen, as provided by MGL c. 40A. The Board of Appeals shall have the ... person aggrieved by reason of his inability to obtain a ... officer under the provisions of MGL c. 40A; The Pioneer ...
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  81. § 72-3 Quorum; method of voting.
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    ... meetings, except such parts of meetings as are devoted exclusively to the election of town officers, 75 legal ... shall be taken by the use of the checklist. The Moderator ... or she conducts the taking of a vote when a majority vote ...
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  82. § 72-12 Reconsideration of articles.
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    ... been acted upon and disposed of or passed over and so disposed of, such article shall not be ... at the same session of an Annual or Special Town Meeting except by a vote of 2/3 of the registered voters present ... later than the same session of the meeting at which all ...
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  83. § 145-6 Interpretation of boundaries.
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    For the purposes of interpretation, it shall be ... on the location of property or lot lines and the exact location of property, lot or boundary ... is not indicated by means of dimensions shown in figures, ... parallel to the side lines of public and private ways shall ...
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  84. § 139-12 Burden of proof.
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    The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in ...
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  85. § 121-5 Use of trees.
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    Equipment, sale items, signage or other materials related to the event or display shall not be hung from nor attached to trees.
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  86. § 145-49 Submission of as-built plans.
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    ... receiving a certificate of occupancy, a revised, recordable Mylar of the original submittal ... Board upon completion of the common drive. A copy ... Planning Board's endorsement of the certificate of completion until acceptable ... Zone horizontal datum of NAD83 (state plane units ...
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  87. § 91-5 Hours of work; overtime.
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    Hours of work. For all full-time ... covered hereby, the hours of work shall be as follows: For ... A is included at the end of this chapter. as management, ... In the best interest of the Town, any department head ... required to work in excess of 40 hours in a ...
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  88. § 15-8 Removal of dog waste.
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    Any owner or keeper shall be responsible for the removal of any fecal material deposited by his/her dog on public ways, private property, public sidewalks, public recreation areas, school property, other public property and the Town Common.
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  89. § 65-1 List of delinquent taxpayers.
    Show Less
    ... including renewals and transfers, a list of any person, corporation or business enterprise, ... faith a pending application for an abatement of such tax or a pending petition before the ...
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  90. § 145-48 Lapse of special permit.
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    A special permit granted under this article shall lapse after 24 months if substantial construction has not begun by such date, except for good cause shown and approved by the Planning Board.
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  91. § 145-8 Intent of districts.
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    ... atmosphere and the exclusion of nonresidential use. Lakes ... Historically a resort area of town, these neighborhoods ... suitable to meet the needs of more intensive residential ... in the less developed areas of a rural town, particularly ... limit the type and intensity of industrial uses and which are ...
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  92. § DL-1 Disposition of legislation.
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    ... 17, ATM 5-13-1985 Adoption of Compendium of Bylaws, Special Acts and ... 5-16-1985 Accept Chapter 477 of the Acts of 1984 Ch. A300 24 5-16-1985 ... Street acceptance (section of Route 202) See Ch. 114 9 ... 5-11-1987 Accept Chapter 194 of the Acts ...
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  93. § 256-10 Location of building sewer.
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    Location of building sewer. Whenever possible, the building sewer shall be brought to the building at an ...
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  94. § 27-3 Conduct of meetings; approval of actions; cost estimates.
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    ... comply with the provisions of the Open Meeting Law (MGL c. ... without the presence of a quorum. A majority of the members of the Committee shall ... the anticipated costs of any such recommendations.
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  95. § 256-56 Adoption.
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    These rules and regulations were adopted by the Board of Selectmen on September 8, 1997. Adoption of these rules hereby replaces and repeals all previous sewer use regulations of the Town of Belchertown.
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  96. § 129-5 Reserved spaces required.
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    ... body that has lawful control of an improved off-street ... the official identification of a handicapped person issued ... according to the following table: Total Number of Spaces Number of Required Handicapped Spaces ... or more Refer to Rules and Regulations ...
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  97. § 270-74 Repealer.
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    Any previous rules and regulations governing the subdivision of land in the Town of Belchertown, as adopted by the Belchertown Planning Board, including all amendments thereto, are repealed in whole.
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  98. § 145-80 Amendments; recording of plan; covenant.
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    ... shown but without necessity of a public hearing; provided, however, that any of the following shall be ... initial site plan approval of: Any change in the amount of shared parking and/or the creation of infrastructure intended to be ... by the Town; Any alteration of building size ...
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  99. § 256-8 Use of old building sewers.
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    Old building sewers may be used in connection with new building only when they are found, on examination and test by the Board of Selectmen, to meet all requirements of this chapter.
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  100. § 256-17 Action by Board of Selectmen.
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    ... enumerated in § 256-16B of this article and which, in the judgment of the Board of Selectmen, may have a ... a public nuisance, the Board of Selectmen may: Reject the ... the quantities and rates of discharge; and/or Require ... to cover the added cost of handling and treating the ...
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  101. § 100-3 Action on behalf of town.
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    ... full authority as agents of the town, acting upon advice of counsel, to settle any claims ... requiring the payment of a sum greater then $500, ... may appear in the interests of the town, either personally ... before any court, committee of the legislature or any state ...
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  102. § 145-58 Amendments; recording of plan; covenant.
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    Prior to the development or sale of any lot within an OSCD, a covenant or other instrument satisfactory to the Planning Board shall have been executed assuring the open space land or the recreational use of lands so designated in the application.
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  103. § 278-2 Notice of fees and charges.
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    Notification of fees and other charges assessed under this user ... shall include the rate and that portion of the user charges which is attributable to ...
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  104. § 145-13 Floodplain District.
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    Purpose. The purposes of this district are: To provide that lands in the Town of Belchertown subject to seasonal or ... the health or safety of the occupants thereof; To ... and property within the Town of Belchertown from the hazards of flood inundation by assuring ...
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  105. § 285-17 Emergencies.
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    No provision of these regulations shall be construed as a limitation on the emergency powers of the Belchertown Board of Health or its officers as provided for by law.
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  106. 145-2{54} MOBILE HOME
    ... transportable or movable in one or more sections, which meets the dimensional requirements of 760 CMR (Building Code) and which is built on a permanent chassis and ...
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  107. § 294-2 Authority.
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    By the authority granted to the Board of Health, pursuant to and in accordance with, MGL c. 111, §§ 31, 31C and 122, the Belchertown Board of Health hereby enacts the following regulations.
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  108. § 265-1 Purpose.
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    The purpose of this chapter is to authorize the Board of Selectmen to adopt and amend rules and regulations intended to facilitate the orderly use and management of the Belchertown Solid Waste Transfer Station and Recycling Center. Rules and regulations shall be published separately.
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  109. § 145-54 OSCD development.
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    ... space community development dimensional standards as specified in § 145-55 of this chapter shall be met. ... may allow no more than 20% of the total number of principal structures to be ... in restrictions in the deeds of each separate property. The ... or control at the time of application and shall not be ...
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  110. § 285-18 When effective; copies on file; amendments.
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    These regulations were adopted by vote of the Belchertown, Massachusetts, Board of Health at its regularly ... and effect upon publication of a summary in one or more newspapers of general circulation within Belchertown. Copies of these regulations shall be on file in the Board ...
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  111. § 290-5 General provisions.
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    Burden of proof and going forward. It ... contained in these regulations which are in addition to ... 10.03. Incorporation. All of the procedures and ... in the Wetlands Protection Regulations of 310 CMR 10.00 et seq. are ... incorporated and made a part of these ...
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  112. § 91-1 Title; authority; effective date; anniversary date of existing employees.
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    ... pursuant to the provisions of MGL c. 40, § 21A and MGL c. ... 1, 1976. For the purpose of implementing the compensation plan of this chapter, the anniversary date of all existing employees as of the acceptance of this chapter shall be July 1, ...
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  113. § 270-35 Acceptance of subdivision way as a town way.
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    Final approval of the definitive plan does not ... or acceptance by the town of any street or public ... laying out and acceptance of town ways are under administration of the Board of Selectmen in accord with MGL ... may petition the Board of Selectmen to recommend that ...
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  114. § 111-8 Emergency suspension of storm drainage system access.
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    The Director of the Department of Public Works or designated ... threatened illicit discharge of pollutants that presents or may present imminent risk of harm to the public health, ... order, the Director of the Department of Public Works or designated ...
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  115. § 235-1 Authority; purpose.
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    ... accordance with Chapter 238 of the Acts of 1983 and Chapter 78 , Mobile ... Article I , Rent Control, of the Code of the Town of Belchertown, adopted by Special Town ... 19, 1983, by the Town of Belchertown after hearing in accordance ...
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  116. § 72-11 Meetings outside geographic limits of town.
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    ... the geographic limits of the town; provided, however, ... for the election by ballot of federal, state or other ... or the determination of other matters that are to be ... within the geographic limits of the town.
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  117. § 114-4 Criteria for review of business, commercial and industrial applications.
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    Review of engineering plans. The Board of Selectmen or its designee may ... the operational integrity of the public way. Plan review ... based on the Town Department of Public Works standards. Permit conditions. The Board of Selectmen or its designee ... and throughout the length of the permit. Such conditions ...
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  118. § 15-3 Establishment of Animal Control Advisory Board.
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    The Board of Selectman shall appoint an ... The Board shall consist of seven members, each serving ... appointments. A majority of the members shall hear each ... be appointed by the Board of Selectman and may include: A ... penalties for violations of this article, specifying ...
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  119. § 20-5 Use of winter recreational vehicles on frozen water bodies.
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    ... the ice has a thickness of at least six inches. No ... in size, within 150 feet of an occupied residence without the permission of the owner or tenant of such residence, except in cases of emergency or when directly ...
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  120. § 256-39 Classes of permits; applications; inspection fee.
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    There shall be three classes of building sewer permits: ... pertinent in the judgment of the Board of Selectmen or its authorized ... determined by the Board of Selectmen, for residential, ... accordance with § 256-41B of this article. Permit ... weekdays at the Department of Public Works office between ...
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  121. § 129-9 Unauthorized vehicles; obstruction of curb ramp.
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    ... or handicapped persons under the provisions of this article or in such a manner as to obstruct a ... for use by handicapped persons as a means of egress to a street or public way.
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  122. § 256-14 Excavations to be guarded; restoration of public property.
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    ... other public property disturbed in the course of the work shall be restored at the applicant's expense in a manner satisfactory to the Board of Selectmen.
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  123. § 270-8 Endorsement of plan required before construction commences.
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    ... Clerk. Any construction done prior to approval is performed at the risk of the subdivider and shall be the subdivider's sole responsibility.
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  124. § 270-72 Enforcement by denial of building permits.
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    ... plan, is not encumbered by covenants, and meets the zoning requirements of the zone it is in.
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  125. § 42-2 Consideration of warrant articles; public hearing; recommendations.
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    ... copy thereof to each member of the Finance Committee, and ... by law, and a notice of such hearing shall be given ... After due consideration of the subject matter in such ... deems best for the interest of the town.
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  126. § 256-15 Discharge of stormwater and unpolluted drainage.
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    ... outlet approved by the Board of Selectmen. Industrial cooling ... be discharged, on approval of the Board of Selectmen, to a storm sewer, ... grant authority to the Board of Selectmen to permit any ...
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  127. § 256-25 Observation of safety rules; town to indemnify owner.
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    ... § 256-24 above, the Board of Selectmen or duly authorized representative of the town shall observe all ... the owner and growing out of the gauging and sampling ... by negligence or failure of the owner to maintain safe ...
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  128. § 27-4 Powers and duties of the Committee.
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    ... community preservation needs of the Town and make ... Annual Town Meeting as part of the annual budget process. ... possibilities, and resources of the Town, consulting with ... hearing. Notice of the annual hearing must be ... notice in a newspaper of general circulation in the ...
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  129. § 83-3 Consumption of alcohol by underage persons.
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    ... public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage the underage person is being supervised by his or ...
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  130. § 145-63 Cessation of use; bond; demolition and removal.
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    ... expense. Prior to issuance of a building permit for a ... a bond or other form of financial security acceptable ... removal and disposal of the tower and its accessories ... condemns the tower, parts of the tower or any part of the tower's accessories or ...
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  131. 270-9{6} CMR
    The Code of Massachusetts Regulations.
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  132. § 69-1 Public consumption of marihuana or tetrahydrocannabinol.
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    ... grounds, cemetery, parking lot, or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by ...
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  133. § 112-4 Statutory.
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    This chapter is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution, and pursuant to the regulations of the federal Clean Water Act, and as authorized by the residents of Belchertown at Town Meeting, dated May 14, 2007.
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  134. § 121-9 Waivers.
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    These rules and regulations may be waived, in whole or in part, for good cause shown only by a majority vote of the Belchertown Board of Selectmen upon a finding that such waiver is necessary to avoid an undue burden upon the legal rights of an applicant under the circumstances.
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  135. § 294-6 Enforcement; violations and penalties.
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    The Town of Belchertown Board of Health, and its agents, are authorized to enforce this regulation. Furthermore, consistent with existing Commonwealth of Massachusetts Regulations, 310 CMR 7.00, the Town of Belchertown Fire Department, Police ... authorized to enforce this regulation. Permit suspension or ...
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  136. § 121-1 Purpose.
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    The purpose of this chapter is to: Protect the Belchertown Town Common's character as the historic center of town; Protect from abuses the Town ... by which uses on the Common may be regulated; and Provide for public health, ...
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  137. § 252-1 Authority.
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    Pursuant to MGL c. 111, § 31, the Belchertown Board of Health has adopted the following rules and regulations pertaining to the procedure for conducting percolation tests and submitting disposal works construction permits to the Board of Health for approval and permit issuance.
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  138. § 145-23 Parking and loading areas.
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    For handicapped parking regulations, refer to Chapter 129 , ... II , Handicapped Parking, of the Code of the Town of Belchertown. Schedule of Off-Street Parking ... conversion and/or expansion of any structure, as well as ... ownership within 300 feet of the structure, in at least ...
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  139. § 290-1 Purpose.
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    The purpose of these regulations is to clarify and define the 1989 Belchertown Wetlands Protection Bylaw ... "bylaw") administered by the Belchertown Conservation Commission ... has in these areas. These regulations establish a uniform process ... Commission can review and regulate activities that affect the ...
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  140. § 256-4 New discharge or change in volume or character of pollutants.
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    ... change in the volume or character of pollutants that are being discharged ... the system shall notify the Board of Selectmen at least 45 days prior to ... are directed to the requirements of Article V , § 256-32 .
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  141. § 145-73 Development method.
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    ... Center. The parts of a development allowed under ... that are to become part of the Town's infrastructure, ... Chapter 270 , Subdivision of Land, of the Code of the Town of Belchertown and other municipal laws and regulations, to be determined by the ...
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  142. 290-6{3} EPHEMERAL POOL
    ... confines water during periods of high water table and high input from spring runoff, ... are free from fish predators. Most of these amphibians remain near the breeding pool during the remainder of the life cycle. Many reptiles, birds ...
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  143. § 290-7 Filing procedures.
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    ... to all filings under the Belchertown Wetlands Bylaw (unless ... Request for determination of applicability (RDA). ... a "request for determination of applicability," shall include a description of the area and/or work to be ... to provide all of the information required for ...
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  144. § 121-2 Boundaries.
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    The general boundaries of the area to be regulated include that area bounded by East Walnut Street on the north side, Park Street on the east side, Jabish Street on the south side and Main Street on the west side and known as the "Belchertown Town Common."
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  145. § 270-38 Open spaces and protection of natural and important cultural features.
    Show Less
    ... be retained as much as possible. Major features of the land, such as existing walls, fences, wooded ... relevant body as to the cultural importance of the site. The developer will be responsible for ...
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  146. § 270-23 Sanitary sewage systems.
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    ... with the requirements and regulations of: The Massachusetts Environmental Code, Title V, of the Department of Environmental Protection; The Town of Belchertown Board of Health; The Town of Belchertown Conservation Commission; and Any recommendations of the Board ...
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  147. § A301-2 Acts and resolves.
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    ... AN ACT to divide the Town of Greenwich into two parishes ... the northeast corner of the Town of Belchertown in the south parish. Chapter 3, 1788 AN ACT for setting of a certain tract of land, belonging to the Town of Belchertown, in the County ...
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  148. 270-9{4} BOARD
    The Planning Board of the Town of Belchertown.
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  149. 270-9{42} TOWN
    The Town of Belchertown, Commonwealth of Massachusetts.
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  150. 145-53{3} YIELD PLAN
    ... manner. Determination of the possible number of conventional lots shall be determined by Title V regulations, 310 CMR 15.000, as well as the Belchertown Board of Health regulations. For purposes of determining the number of OSCD dwelling units, each ...
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  151. § 145-15 Historic Village Protection District.
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    Purpose. The purpose of this district is to protect the historic character of the Belchertown Town Common and adjacent areas of the Belchertown Center. District delineation. ... to the development and use regulations of the underlying district in ... however, that where such regulations are inconsistent with the ...
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  152. § 145-56 Open space land.
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    ... Be conveyed to the Town of Belchertown and be accepted by it for ... the principal purpose of which is the conservation of open space and related ... or controlled, by the owners of lots or residential units ... shall pass with conveyance of the lots or residential ...
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  153. § 252-5 Purpose.
    Show Less
    ... required for the protection of public health. Correct ... is an important component of ensuring properly functioning ... systems. The purpose of these regulations is to ensure that septic ... installers permitted by the Belchertown Board of Health are knowledgeable ...
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  154. § 270-24 Wetlands protection.
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    ... first filing written notice of intention to perform such ... and state Department of Environmental Protection, and receiving an order of conditions. Any work, which ... construction, removal of vegetation, grading, or ... that occurs within 100 feet of a wetland resource area or ...
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  155. § 256-40 Permit conditions.
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    ... to licensed drainlayers in the Town of Belchertown as described under Article VI , ... be subject to revocation if any of the rules or regulations contained herein are violated. If ... within six months from issuance of the permit, the permit becomes void. ...
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  156. § 145-29 Earth removal.
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    ... the premises and processing of soil, loam, sand, gravel, ... is allowed in the Town of Belchertown in those districts as stated in Article III of this chapter upon the obtainment of a special permit for earth ... may further limit hours of operation if, after weighing ...
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  157. § 38-3 Right to farm declaration.
    Show Less
    ... to exist in the Town of Belchertown. The above-described ... The benefits and protections of this article are intended to ... or as imposing any land use regulation, which is properly the subject of state statute, regulation or local zoning law. This ...
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  158. § 145-44 Standards.
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    The driveway of a common drive development ... this article. The following regulations shall apply to a common drive ... shall not be an extension of an existing common drive; ... three lots. For purposes of this paragraph, the length of the common drive shall be ...
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  159. § 270-2 Purpose.
    Show Less
    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 ...
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  160. § 256-2 Abbreviations.
    Show Less
    ... Biochemical oxygen demand (five-day) CFR Code of Federal Regulations COD Chemical oxygen demand EPA Environmental ... treatment works (owned and operated by the Town of Belchertown) RCRA Resource Conservation and Recovery Act SIC ...
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  161. 285-3{6} BOARD
    The Board of Health of Belchertown, Massachusetts, or its authorized agent.
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  162. 290-6{1} ALTER
    To change the condition of any area subject to ... under the bylaw. Examples of alterations include, but are ... excavation or dredging of soil, sand, gravel or aggregate materials of any kind. Changing of preexisting drainage ... or other disturbance of water level or water ...
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  163. 139-9{1} ALTER
    ... excavation or dredging of soil, sand, gravel, clay, ... or aggregate materials of any kind. Changing of preexisting drainage ... or other disturbance of water level or water table. Dumping, discharging or ... water quality. Placing of fill, or removal ...
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  164. § 252-7 Enforcement; violations and penalties.
    Show Less
    For violations of any of the requirements of these regulations, the Board of Health may temporarily ... permit after the Board of Health has provided the ... on the matter. The Board of Health shall notify the ... providing the date and time of the hearing. In addition to ...
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  165. § 261-10 Violations and penalties; enforcement.
    Show Less
    ... penalties: A written notice of penalties levied for future violations. A fine of $50 for the second offense. A fine of $100 for the third offense ... or other person(s) in charge of a public place or workplace ... fails to comply with these regulations shall be subject to: A ...
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  166. § 112-7 Procedures.
    Show Less
    ... defined and included as part of any rules and regulations issued under § 112-5 of the chapter. No land owner or ... operator shall receive any of the grading, or other land ... and meeting the requirements of this chapter and associated regulations. The stormwater management ...
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  167. § 270-70 Severability.
    Show Less
    The invalidity of any of the foregoing rules, regulations and requirements shall not affect the validity of the remainder.
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  168. § 290-12 Ephemeral pools.
    Show Less
    ... pools are, by definition, of seasonal duration; accordingly, the degree of wetness necessary for the establishment of a typical wetland plant ... Since the temporary nature of ephemeral pools precludes the presence of fish species, these areas are ... support viable populations of several amphibian and ...
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  169. § 265-5 Access.
    Show Less
    ... those licensed by the Board of Health under MGL c. 111, § ... permit. Upon presentation of a valid motor vehicle registration and payment of a fee as required, a permit ... be issued through the Board of Selectmen's office, the DPW ... valid from March 1 (or time of purchase) through February ...
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  170. § 83-8 Enforcement; violations and penaties.
    Show Less
    ... be punishable by a fine of $300. In the alternative, it ... disposition process of MGL c. 40, § 21D. For the purpose of noncriminal enforcement, the ... shall be any police officer of the Town of Belchertown. If enforced pursuant to ... offense: $300. The Town of ...
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  171. 15-2{9} SHELTER
    The public Animal Control facility for the Town of Belchertown.
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  172. § 145-43 Special permit granting authority; waivers.
    Show Less
    The Belchertown Planning Board shall be the ... and shall adopt rules and regulations with respect to the administration of applications or special ... with the provisions of § 145-69 of this chapter and MGL c. 40A, ... 9 and 11, as amended. Waiver of compliance. The ...
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  173. § 145-61 Special permit granting authority; waivers.
    Show Less
    The Belchertown Planning Board shall be the ... and shall adopt rules and regulations with respect to the administration of applications or special ... with the provisions of § 145-62 of this article and MGL c. 40A, ... 9 and 11, as amended. Waiver of compliance. The ...
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  174. § 112-2 Purpose.
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    The purpose of this chapter is to protect ... control the adverse impacts of stormwater runoff from new ... The objectives of the chapter are to: Establish regulations for land development ... that preserve the health of water resources by reducing ... hydrologic characteristics of the land in order to reduce ...
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  175. § 270-21 Submission procedure.
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    ... shall submit 10 copies of the definitive subdivision ... A is included at the end of this chapter. to the ... required in these rules and regulations. In accordance with MGL c. ... shall file two copies of the plan directly with the Board of Health, along with other ...
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  176. § 252-8 Severability.
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    ... portion, sentence or word of these regulations is declared invalid for any reason whatsoever by a court of competent jurisdiction, that ... not affect any other portion of these regulations, which shall remain in full ... To that end, these regulations are hereby declared severable ...
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  177. § 285-16 Severability.
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    If any specific portion of these regulations shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of these regulations, which shall remain in full force and effect, and to this end the provisions of these regulations are hereby declared severable.
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  178. § 294-1 Findings.
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    Whereas; The Belchertown Board of Heath does hereby find that: ... to the health and welfare of persons living in proximity of these devices as well as the ... by affecting the quality of both indoor and outdoor ... The relative composition of large quantities ...
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  179. 256-1A{3} BOARD OF SELECTMEN
    The duly elected Board of Selectmen of the Town of Belchertown or its authorized deputy, agent or representative.
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  180. 290-6{2} BUFFER ZONE
    That area of land extending 100 feet horizontally outward from the boundary of any resource area described in § 290-4 of these regulations.
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  181. § 111-11 Enforcement; violations and penalties.
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    The Director of the Department of Public Works or an authorized agent of the Department of Public Works shall enforce this bylaw, and the regulations promulgated thereunder, as ... as the terms and conditions of all permits, notices, and ... Orders. The Director of the Department ...
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  182. § 145-35 Commercial developments.
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    Commercial developments shall be permitted in accord with § 145-11 , Schedule of Use Regulations, Article VI , General Regulations, § 145-27 , Site Plan Approval, and with the additional requirements specified herein.
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  183. Ch 114 Attachment 1 - Typical Driveway Construction Details
    STREETS AND SIDEWALKS 114 Attachment 1 Town of Belchertown Typical Driveway Construction Details 114 Attachment 1:1 10 - 15 - 2007
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  184. § 261-1 Findings; purpose; authority.
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    The Belchertown Board of Health does hereby find that: ... (Respiratory Health Effects of Passive Smoking: Lung Cancer ... are no known safe levels of exposure. Conclusive evidence ... to the eyes, nose and throat of both the smoker and nonsmoker ... and arsenic. Forty-three of these compounds are known ...
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  185. § 270-54 Sewer mains and appurtenances.
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    Installation of sewer mains and appurtenances, including connections, shall conform with the specifications of the Belchertown Department of Public Works.
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  186. § 139-4 Request for determination; application for permit.
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    ... and plans specified by the regulations of the Commission. The rendering of determinations may be deferred, at the discretion of the Commission, during periods of snow cover. The Commission, ... request for determination of applicability filed under the ...
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  187. Ch 270 270b Appendix B
    SUBDIVISION OF LAND 279 Attachment 2 ... Review/revision of typical intersection design ... 05 - 20 - 2001 SUBDIVISION OF LAND Town of Belchertown 279 Attachment 2:3 05 - 20 - 2001 SUBDIVISION OF LAND Town of Belchertown 279 Attachment 2:5 05 - 20 - ...
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  188. § 261-3 Smoking prohibited in public places.
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    Smoking, as defined by these regulations, including the use of electronic smoking devices, ... places within the Town of Belchertown, and include certain outdoor locations listed in these regulations, including but not limited to ... wards and private rooms of health-care facilities, ...
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  189. § 121-7 Farmers' markets.
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    The operation of a farmers' market shall be in accord with the rules and regulations promulgated by the Massachusetts Federation of Farmers' Markets, as amended.
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  190. § 235-12 Forms.
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    Any forms adopted pursuant to the provisions of these rules and regulations shall be submitted under the pains and penalties of perjury.
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  191. § 290-10 Enforcement; violations and penalties.
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    ... an activity is in violation of the bylaw or a permit issued ... an activity subject to regulation under the bylaw (§ 290-4 ). ... MGL c. 131, § 40 in lieu of, or in addition to, an ... order under these regulations. An enforcement order issued ... be signed by a majority of the Commission. In a ...
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  192. § 112-1 Background.
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    ... alter the function of local watersheds, resulting ... through the application of stormwater best management ... environmental quality of life that gives the ... we live in a sense of place. The goal of LID is to integrate human ... in a way that is mindful of natural ecosystems and does ...
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  193. § 294-3 Applicability.
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    These regulations shall apply to each OWB/F installed on or after October 1, 2007. In addition, any existing OWB/F installed and/or in use prior to the effective date of these regulations have until January 1, 2008, to come into compliance with these regulations.
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  194. § 270-16 Submission procedure.
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    ... lines on white background, of the plan and an application ... A is included at the end of this chapter. to the ... required in these rules and regulations. The applicant shall submit two copies of the plan directly to the Board of Health, along with any ... prepaid, addressed to the Belchertown Planning Board, and in any ...
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  195. § 51-8 Applicability to town.
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    The Town of Belchertown shall be subject to the provisions of this chapter, notwithstanding any town bylaw to the contrary.
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  196. 5-14-2018 ATM, Art. 23
    ... Section 145- 11, Schedule of Use Regulations, relative to Marijuana ... 1 Attachment 1 - Schedule of Use Regulations. NON- MEDICAL 1. Purpose The purpose of this is to: a. Allow state ... to locate in the Town of Belchertown in accordance with applicable ...
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  197. § 97-7 Driveway design standards.
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    ... shall be consistent with the regulations for curb cuts contained in the Belchertown Bylaw Chapter 114 , Streets ... exist the maximum amount of stone wall to be removed shall be the width of the driveway or new road at the location of the stone wall plus three ...
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  198. § 51-3 Establishment; boundaries.
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    ... district to be known as the "Belchertown Center Historic District," which ... as shown on the map entitled "Belchertown Center Historic District, 1989" attached and made part of this chapter. The district ... same as those established by the Belchertown National Register Historic District ...
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  199. § 256-1 Definitions and word usage.
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    Unless specifically indicated in these rules and regulations, the meaning of terms used shall be as follows: "Shall" is mandatory; "may" is permissive.
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  200. § 270-5 Amendments.
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    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.
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  201. § 270-69 Amendments.
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    These rules and regulations may be amended from time to time in accordance with MGL c. 41, § 81Q, of the Subdivision Control Law.
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  202. § 51-11 When effective.
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    ... by the Attorney General of the commonwealth. Filing of a map of the boundaries of the Historic District with the Belchertown Town Clerk, the Belchertown Building Inspector and the Registry of Deeds for Hampshire County.
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  203. § 129-6 Design standards.
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    Parking spaces for the physically handicapped shall be designed in accordance with the Rules and Regulations of the Architectural Access Board of the Commonwealth of Massachusetts Department of Public Safety (521 CMR), as such standards may be amended.
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  204. § 294-7 Appeals.
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    An owner may appeal an order to correct a violation of these regulations provided that a written request for a hearing is filed with the Board of Health within seven days of receipt of the violation notice.
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  205. § 265-3 Operation and maintenance.
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    Operation and maintenance of the Solid Waste Transfer ... comply with the Department of Environmental Protection Regulation 310 CMR 19.000 and any other regulation or order that the Board of Health from time to time ...
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  206. § 294-8 Severability.
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    ... provision or section of this regulation is determined by any court to ... not affect the legality of the remaining part(s), ... provision(s) or section(s) of this regulation which shall continue in full ...
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  207. § 111-3 Applicability.
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    This bylaw shall apply to all flows entering the storm drainage system owned and/or operated by the Town of Belchertown.
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  208. § 270-53 Water mains and appurtenances.
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    Water mains and appurtenances, including service connections, shall be installed in accordance with the specifications of the Belchertown Water District.
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  209. 256-1A{44} TOXIC POLLUTANT
    Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Clean Water Act (CWA) Section 301(a) or other acts.
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  210. § 261-11 Severability.
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    Each provision of this regulation is construed as separate to the extent that if any section, item, sentence, clause or phrase is determined to be invalid for any reason, the remainder of this regulation shall continue in full force and effect.
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  211. § 265-9 Enforcement; violations and penalties.
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    ... disposition. The Director of Public Works or any police ... as agents for the Board of Selectmen, for enforcing this bylaw and the rules and regulations adopted hereunder. Any person who violates any provision of this bylaw or the rules and regulations promulgated hereunder shall ...
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  212. § 112-6 Applicability.
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    ... in an increased amount of stormwater runoff and/or ... flowing from a parcel of land, or any activity that ... the drainage characteristics of a parcel of land, unless exempt pursuant to this section of this chapter. All actions under the jurisdiction of this chapter shall be ...
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  213. § 270-40 Stormwater detention basins.
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    ... is required by an order of conditions issued by the Belchertown Conservation Commission, in ... the flood-control value of undisturbed land and provide compensatory storage of stormwater runoff, the Town of Belchertown shall allow the construction of stormwater detention basins, ...
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  214. § 121-8 Assistance from town departments.
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    If, in the judgment of said Board of Selectmen, the presence of Belchertown police officers is necessary ... shall pay the costs of police protection to the Town of Belchertown. If electrical power is necessary for the operation of the display or event, the ...
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  215. § 129-11 Enforcement.
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    In addition to other methods of enforcement available, this article may be enforced by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D by officers of the Belchertown Police Department.
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  216. 261-2{7} EMPLOYER
    An individual, partnership, association, corporation, trust or other organized group of individuals, including the Town of Belchertown or any agency thereof, which regularly uses the services of one or more employees.
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  217. § 78-6 Evictions; summary process.
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    The Board may regulate evictions of tenants at mobile home parks and may issue orders which shall be a defense to an action of summary process for possession.
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  218. § 111-4 Authority.
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    This bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
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  219. § 139-13 Authority; relation to Wetlands Protection Act.
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    This chapter is adopted under the home rule amendment of the Massachusetts Constitution and the home rule statutes, independent of the Wetlands Protection Act, MGL c. 131, § 40, and the regulations thereunder.
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  220. 256-1A{15} INDIRECT DISCHARGE or DISCHARGE
    The discharge or the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act (including holding waste discharged into the system).
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  221. § 235-10 Evictions.
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    Pursuant to the provisions of MGL c. 140, § 32J, as ... action to recover possession of a mobile home park ... is in substantial violation of an enforceable rule of the mobile home park; The tenant is in violation of a law or ordinance which ... the health or safety of other mobile home park ...
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  222. § 256-48 Violations and penalties.
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    ... be violating any provision of this regulation or any provision of a discharge permit shall be liable for a civil penalty of up to $5,000 for each ... fees and other expenses of litigation by appropriate ... violated these rules and regulations or the orders, rules, ...
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  223. § 235-6 Rent adjustment proceedings.
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    Individual adjustment of maximum rent. The Board shall consider an adjustment of rent for an individual mobile ... accommodation upon receipt of a petition for adjustment ... by the landlord or tenant of such mobile home park ... was filed by the landlord, of the receipt ...
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  224. § 265-2 Adoption and posting.
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    The Board of Selectmen, as operators of the Solid Waste Transfer ... order to be posted rules and regulations governing the use of the Transfer Station and ... Center. The Director of Public Works or any police ... charged with enforcing these regulations. The maximum fine shall be ...
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  225. § 219-7 Violations and penalties; citations; appeals.
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    ... be violating any provision of these regulations shall be liable to a fine of not more than $100 for each offense. Each day or portion of a day that the offense ... be violating the provisions of these regulations shall, upon notification by the Director of Inspection Services ...
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  226. § 256-28 Federal Categorical Pretreatment Standards.
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    The Board of Selectmen shall limit any ... in the best interests of the town in properly ... POTW. Upon the promulgation of the Federal Categorical ... under these rules and regulations for sources in that ... under these rules and regulations. National Categorical ...
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  227. § 20-1 Authority.
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    ... 15, which permits municipal regulation of motorboats on the waters of the commonwealth by a bylaw, subject to the approval of said bylaw by the Director of the Office of Law Enforcement of the Executive Office of Energy and Environmental Affa ...
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  228. 270-9{17} IMPROVEMENT
    ... to the existing conditions of a subdivision site for the purpose of complying with these regulations or rendering the site ... habitation. As used in these regulations, improvements include, but ... and installation of roadways, paved streets, ...
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  229. 38-2{1} FARM
    The word shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of "agriculture" and "agritourism," as defined in the Belchertown Code, § 145-2 , Definitions.
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  230. § 109-1 Program established.
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    There is hereby established a program for the mandatory separation of certain recyclable material from garbage or rubbish by all those who are permitted to use the Town of Belchertown transfer station/landfill facility.
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  231. § 270-48 Bridges.
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    Bridges shall be designed in accordance with the standards of the Massachusetts Highway Department by a professional engineer registered in Massachusetts, and subject to any order of conditions issued by the Belchertown Conservation Commission.
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  232. § 290-3 Values protected by the bylaw.
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    ... are the values under the Belchertown Wetlands Bylaw: Protection of public and private water supply. Protection of groundwater and groundwater quality. Protection of surface water and surface ... prevention. Prevention of pollution. Protection of fisheries. Protection ...
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  233. § 285-1 Purpose.
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    These regulations are intended to protect the public health and general welfare by ensuring that private wells are constructed in a manner which will protect the quality and quantity of the groundwater derived from private wells.
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  234. 285-3{2} AGENT
    Any person designated and authorized by the Board to execute these regulations. The agent shall have all the authority of the appointing Board and shall be directly responsible to the Board and under its direction and control.
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  235. § A301-1 Province laws.
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    ... a committee on the petition of Joseph Write and others relative to a grant of land (in a place named Cold ... 1739-40 ORDER for a meeting of the inhabitants of Cold Spring. Chapter 147, ... empowering the inhabitants of Cold Spring to levy a tax of one penny per acre on all ...
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  236. Ch 145 Art III Use Regulations
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    Use Regulations
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  237. Ch 145 Art VI General Regulations
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    General Regulations
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  238. Ch 145 Art VIII Industrial Regulations
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    Industrial Regulations
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  239. Ch 145 Art IX Business Regulations
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    Business Regulations
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  240. 145-53{1} CHAPTER 270, SUBDIVISION OF LAND
    The rules and regulations adopted by the Planning Board under MGL c. 41, § 81Q as of May 20, 2001, or as may have been amended or adopted as of the date of the submission of the application for OSCD definitive subdivision approval.
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  241. 256-1A{18} INTERFERENCE
    ... and which is a cause of a violation of any requirement of the POTW's NPDES permit ... in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal ... statutory provisions and regulations or permits issued thereunder ...
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  242. 112-3{33} RESOURCE AREA
    Any area protected under, including without limitation, the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act, or Town of Belchertown Wetlands Protection Bylaw. Editor's Note: See Ch. 139 , Wetlands Protection.
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  243. § 235-11 Severability.
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    If any provision of this regulation or the application of such provision to any person or circumstance shall be held invalid, the validity of other provisions or the application of such provision to other persons or circumstances shall not be thereby affected.
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  244. § 270-22 Contents.
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    ... plan shall have the seal of a Massachusetts registered ... shall be at a maximum scale of one inch equals 40 feet, ... by the Planning Board, and of a sheet size not to exceed 24 ... be the same as the name of the primary street in the ... too closely in the judgement of the Planning Board; North ...
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  245. § 145-60 Definitions; intent.
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    ... Refer to § 145-2 of this chapter. Intent. This ... as mandated by Section 704 of the Federal Telecommunications Act of 1996, while protecting the ... and aesthetic integrity of the Town of Belchertown.
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  246. § 270-39 Compliance with zoning.
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    No plan of a subdivision shall be approved unless all of the building lots shown on ... with Chapter 145 , Zoning, of the Code of the Town of Belchertown. All subdivisions shall ...
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  247. § 51-2 Purpose.
    Show Less
    The purpose of this chapter is to promote ... economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the Town of Belchertown and the Commonwealth ...
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  248. § 235-8 Petitions for review; enforcement.
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    The District Court of Hampshire County shall have ... Superior Court, Department of the Trial Court, Hampshire Division, of all petitions for review ... to enforce the provisions of Chapter 238 of the Acts of 1983 and Chapter 78 , Mobile ... Article I , Rent Control, of the Code ...
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  249. § 1-2 Noncriminal disposition.
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    ... STM by Art. 19] Any bylaw of the Town of Belchertown, or rule or regulation of its officers, boards or departments, the violation of which is subject to a ... may, in the discretion of the Town official who is the ... mean any police officer of the Town ...
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  250. § 6-3 False alarm defined.
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    For the purposes of this article, a "false alarm" ... be defined as the activation of a monitored alarm system ... results in the response of the Police Department to the ... endorsed by a police officer of the Belchertown Police Department.
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  251. § 38-6 Severability.
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    If any part of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this article. The Town of Belchertown hereby declares the provisions of this article to be severable.
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  252. § 83-1 Purpose.
    Show Less
    In accordance with the Town of Belchertown Home Rule Authority, and to protect the health, safety, and welfare of the inhabitants of the Town, this chapter shall permit ... or contributing to the consumption of alcoholic beverages by underage ...
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  253. 111-2{13} PERSON
    Any individual, partnership, group of individuals, association, ... department or political subdivision of the commonwealth or the federal government, the Town of Belchertown, or any other legal entity to the ... any officer, employee, or agent of such person or entity.
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  254. 145-2{68} STREET
    A public or private way either shown on a plan approved in accordance with Chapter 270 , Subdivision of Land, of the Code of the Town of Belchertown, as amended, or otherwise qualifying a lot for access and frontage under MGL c. 41, § 81L.
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  255. 145-2{76} ZONING PERMIT
    ... structure or lot or use of the structure or lot, as ... with the requirements of the Belchertown bylaws or meets conditions of a variance or special permit at the time of application for said permit.
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  256. § 219-5 Trash and litter receptacle.
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    ... receptacles for the placement of any trash and litter that may ... be expected to result from the sale of their wares. Said trash/litter must be properly disposed of by the vendor; it cannot be transferred to public (Town of Belchertown) trash containers.
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  257. § 38-4 Awareness and notification.
    Show Less
    ... decisions prior to a sale of property and to promote ... new neighbors, the Town of Belchertown requests selling landowners ... follows: "It is the desire of the Town of Belchertown to conserve, protect and ... maintenance and improvement of agricultural land for the ...
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  258. § 256-12 Connection procedures.
    Show Less
    The connection of the building sewer into the ... conform to the requirements of the Building and Plumbing ... other applicable rules and regulations of the town or the procedures ... appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such ...
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  259. § 270-41 Site and earthwork.
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    ... accommodate the full amount of proposed development. ... to mitigate the effects of development on steep slopes. ... shall conform to Section 100 of the Standard Specifications. ... the attractiveness and value of the subdivision. Setting ... the Planning Board, Director of Public Works and the Town ...
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  260. 145-2{56} OPEN SPACE
    Any undeveloped area of land. OPEN SPACE (OSCD) Any restricted area of land or combination of land and water within a ... use or enjoyment of the residents of that development tract and/or ... controlled thereby, the Town of Belchertown or a nonprofit conservation ...
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  261. 270-9{13} DIRECTOR OF PUBLIC WORKS
    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.
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  262. § 270-10 Submission to Planning Board for determination.
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    Any person who wishes to record in the Registry of Deeds, or to file with the Land Court, a plan of land in the Town of Belchertown, who believes that such plan does not require ...
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  263. § 112-5 Administration.
    Show Less
    ... Planning Board, Department of Public Works, or Board of Health, as its authorized agent for the purposes of reviewing stormwater ... the Stormwater Authority of its recommendations on ... Authority, with the approval of the Board of Selectmen, shall establish a ...
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  264. § 145-10 Permitted uses; accessory uses and buildings.
    Show Less
    ... used, erected or the use of buildings or land altered, ... in the following Schedule of Use Regulations or as specifically regulated or provided otherwise under ... use listed in the Schedule of Use Regulations, the more specific ...
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  265. § 261-6 Implementation.
    Show Less
    ... or other person(s) in charge of a place covered by these regulations shall prevent smoking in ... or prohibited by these regulations. Nonsmoking areas are to be ... near the fresh air intake of the ventilation system of the facility. The heating, ... reasonable to enforce these regulations.
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  266. § 85-11 Eligibility.
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    ... popular vote in the service of the Town of Belchertown shall be an eligible employee for purposes of receiving group insurance ... MGL c. 32B unless the duties of such person require no less ... regularly, in the service of the Town of Belchertown during the regular workweek ...
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  267. 5-14-2018 ATM, Art. 13
    ... from the Hampshire Council of Governments, the effective date of said withdrawal to be July 1, ... to the Administrative Code of the Legislative, Charter & Code Committee of the Hampshire Council of Governments, that all obligations of the Town of ...
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  268. 256-1A{7} CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
    Any regulation containing pollutant discharge limits promulgated ... (EPA), in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317), which apply to a specific category of users and which appear in 40 CFR Chapter I, ...
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  269. § 270-73 Effective date.
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    These rules and regulations were effective on and after March 28, 2001, the date a separate copy certified by the Town Clerk as adopted by the Planning Board was transmitted by the Planning Board to the Hampshire Register of Deeds and the Recorder of the Land Court.
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  270. § 294-9 Variances.
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    The Board of Health may vary any provision of these regulations with respect to any ... proved that the same degree of protection can be achieved without strict application of the particular provision. All ... at a hearing by the Board of Health.
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  271. § 145-1 Authority; purpose.
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    ... to and under the authority of MGL c. 40A, as amended, for the purpose of: Promoting the health, ... and general welfare of the inhabitants of the Town of Belchertown; Promoting sound and orderly growth; Providing a variety of housing types to meet the ...
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  272. Ch 145 Art VII Special Use Regulations
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    Special Use Regulations
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  273. § 285-5 Water supply certificate.
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    The issuance of a water supply certificate by ... prior to the issuance of an occupancy permit for new construction and before use of the well water for domestic ... are on file in the Board of Health office. The following ... be submitted to the Board of Health to obtain a water ...
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  274. § 145-28 Commercial solar photovoltaic installations.
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    ... is to encourage the use of solar energy systems and ... air quality. This promotion of commercial solar photovoltaic ... modification and removal of such installations that ... the eventual decommissioning of such installations. ... after the effective date of this section. This section ...
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  275. 112-3{21} MASSACHUSETTS STORMWATER MANAGEMENT POLICY
    ... issued by the Department of Environmental Protection, and ... prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands ... through implementation of performance standards to ... and control the quantity of runoff from a site.
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  276. 145-2{72} WETLAND RESOURCE AREA
    ... areas and other land in any of the following categories: ... and Chapter 290 , Wetlands, of the Code of the Town of Belchertown. Lands within the Wetlands ... as described in § 145-12 of this chapter.
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  277. Ch 1 Art I Acceptance of Bylaws
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    ... and approve the codification of the bylaws of the Town of Belchertown in the format presented by ... and repositioning of the present bylaws, to be known as the "Code of the Town of Belchertown." Consult Town Meeting ... for a complete description of the action taken under ...
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  278. 112-3{37} STORMWATER AUTHORITY
    The Town of Belchertown Conservation Commission. The Stormwater Authority is responsible for ... departments participate in the review process as defined in § 112-5 of this chapter. [Amended 5-11-2009 ATM by Art. 23]
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  279. § 145-3 Establishment.
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    The Town of Belchertown is hereby divided into the following classes of zoning districts: AG-A Primary Agricultural VR Village Residential AG-B ...
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  280. § 270-51 Fire ponds.
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    Fire ponds may be installed in a subdivision at the discretion of the Fire Chief a