Town of Plainville, MA Article I General

§ 540-1 Authority.

These "Rules and Regulations Governing the Subdivision of Land in the Town of Plainville, Massachusetts," have been adopted by the Plainville Planning Board on April 5, 1971, and last amended September 16, 1992,[1] after duly advertised public hearings, under the authority of MGL c. 41, § 81Q, and other relevant sections thereof.

[1] Editor's Note: This codified Ch. 540 was based on an as-amended copy of the Subdivision Regulations as reprinted 9-1-2006. Amendments subsequent to 12-3-1998 are noted in brackets as close as possible to the revised material.

§ 540-2 Purposes.

These rules and regulations have been enacted for the purpose of protecting the safety, convenience and welfare of the current and future inhabitants of the Town of Plainville, as provided in MGL c. 41, §§ 81M, 81Q, and other relevant sections thereof.

§ 540-3 Applicability.

No person shall make a subdivision within the meaning of the Subdivision Control Law[1] of any land within the Town or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, or offer said lots for sale, or apply for the issuance of building permits, or proceed with the erection of buildings thereon, unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board, endorsed and recorded, as hereinafter provided. "Improvement" shall include excavation and grading for the purposes of construction.

[1] Editor's Note: See MGL c. 41, § 81K et seq.

§ 540-4 Compliance with zoning.

No plans shall be approved or endorsed by the Planning Board unless the land and the location of building shown thereon comply with all applicable provisions of Chapter 500, Zoning, of the Code of the Town of Plainville.

§ 540-5 Subdivisions predating statutory requirements.

The recording of a plan before the Subdivision Control Law[1] became effective in the Town of Plainville, or the recording of a plan in violation of § 540-3 hereof, shall not exempt such land from the operation of said Law and of these rules and regulations, except with respect to lots which had been sold and were held in bona fide separate ownership when said Law went into effect in Plainville and to rights-of-way and other easements appurtenant to said lots, except that subdivisions of land registered in the Land Court shall have the same validity as if approved by the Planning Board.

[1] Editor's Note: See MGL c. 41, § 81K et seq.

§ 540-6 Intensity of use; one building per lot.

No building shall be erected or used, or premises used, except in conformity with the Intensity of Use Schedule,[1] and no more than one building shall be erected or used on any one lot.

[1] Editor's Note: The Intensity of Use Schedule is included at the end of Ch. 500, Zoning.

§ 540-7 Responsibilities of applicant.

The Planning Board assumes all information presented to it to be true and correct, unless evidence is presented to the contrary. The provision of full, true and correct information and the securing of all necessary rights, releases, licenses and permits from others are responsibilities of the applicant, and the failure to do so shall be deemed to be a reason to disapprove or rescind the approval of a subdivision plan and for other remedial action.

§ 540-8 Waivers.

The Planning Board may waive strict compliance with specific provisions of these rules and regulations, when such action is in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law.[1] Specifically, the Board may waive or modify construction requirements for ways upon a condition limiting the lots on which buildings may be erected and the length of time for which the particular buildings may be maintained. Such waivers shall be endorsed on the plan to which they apply or contained in a separate document referred to on such plan.

[1] Editor's Note: See MGL c. 41, § 81K et seq.

§ 540-9 Board of Appeals.

[Amended 3-14-2012]

The Board of Appeals established under § 500-6 of Chapter 500, Zoning, of the Code of the Town of Plainville shall serve as the Board of Appeals as provided for under MGL c. 41, § 81Z.

§ 540-10 Applicability of Subdivision Control Law.

For matters not covered by these rules and regulations reference is made to MGL c. 41, §§ 81K to 81GG, inclusive.

§ 540-11 Other applicable statutes.

These rules and regulations do not supersede other applicable laws, bylaws, and regulations. Specifically, but without limitation, MGL c. 140, § 30, regarding alterations of wetlands, and § 500-34 of Chapter 500, Zoning, of the Code of the Town of Plainville, regarding earth materials removal, apply in all subdivisions and elsewhere.

§ 540-12 Access to land.

Members of the Planning Board and its agents may enter upon any lands and thereon make examinations and surveys, but any person injured by such entry or other acts without his consent may recover damages under MGL c. 79.

§ 540-13 Application, review and inspection fees.

The Planning Board fees shall consist of 1) application fees, 2) review fees, and 3) inspection fees set forth in Appendix N.[1]

[1] Editor's Note: Said appendix is included at the end of this chapter.

§ 540-14 Severability.

If any provision of these rules and regulations or the administration thereof shall be held unconstitutional, invalid, or void, it shall not affect any other provision of these rules and regulations or the administration thereof.