For the purposes of these regulations, the following
terms shall have the meaning hereinunder assigned to them:
The person who applies for the approval of a proposed subdivision
or construction of a way. An "applicant" must be the owner of record
of all the land included in the proposed subdivision. An agent or
his assigns may act for an owner provided that written evidence of
such fact is submitted. A list of the stockholders and officers and
a certified copy of the corporate resolution conferring authority
to execute and deliver documents binding upon the corporation shall
be submitted by every corporate applicant.
The Planning Board of the Town of Falmouth.
The first major break in slope above the one-hundred-year-storm
event contour on elevated land forms which have a slope greater than
15°.
A final plan of a subdivision or division of land, drawn
in ink on tracing cloth or polyester film, suitable and intended to
be recorded, and prints thereof.
An area of land in one ownership, with definite boundaries,
used or available for use as the site of one or more buildings.
Any business, industrial, marine or public use zoning district in Chapter 240, Zoning.
A preliminary plan of a proposed subdivision or resubdivision
of land drawn on tracing paper, or prints thereof, not intended to
be recorded.
A complete and accurate representation of the finished vertical
profile of a road or roads to be constructed within a subdivision,
drawn on plan/profile tracing paper and prints thereof; on the plan
portion, there shall be a plan of the road, with center line stationing
corresponding to the stationing on the "profile."
A plan/profile with sections, drawn on tracing paper with
prints thereof, showing the actual location and elevation of all improvements
installed on the site.
Recorded in the Barnstable County Registry of Deeds, except
that, as affecting registered land, it shall mean filed with the recorder
of the Land Court.
Any agricultural or residential zoning district in Chapter 240, Zoning.
A street which, in the opinion of the Board, is being used
or will be used as a thoroughfare within the Town of Falmouth or which
will otherwise carry a volume of traffic over 1,500 vehicles per day.
A street which, in the opinion of the Board, is being used
or will be used primarily to provide access to abutting lots and which
will not be used for through traffic.
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NOTE: For the purposes of determining street
type, the Board shall calculate 10 trips per day for a single- or
two-family dwelling and six trips per day for each unit in a multifamily
structure.
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A.Â
Any person wishing to record in the Registry of Deeds or to file with the Land Court a plan of land which does not require Board approval under the Subdivision Control Law shall submit, as provided in § 305-6 of these regulations, a recordable plan drawn by a registered land surveyor, in ink, in accordance with the requirements of § 305-12, including Subsections E(1) through E(12)(a), where applicable, together with three prints thereof and a copy of Application Form A (example enclosed)[1] and shall submit such evidence, as may be required by
the Board, to show that such plan does not require Board approval.
[1]
Editor's Note: Form A is included as an attachment to this chapter.
B.Â
To validate such submission, any such person shall
send to the Town Clerk an additional Application Form A.
C.Â
If the Board shall determine that such a plan does
require subdivision review and approval, it shall, within 21 days
of the date of submission, so inform the applicant and the Town Clerk
in writing, as provided by Section 81P of the Subdivision Control
Law, and return the plan to the applicant.
D.Â
If the Board determines that the plan does not require such approval, it shall, without a public hearing, endorse thereon the words "Approval under the Subdivision Control Law not Required" and have the plan signed. Such endorsement shall not be deemed to constitute any determination of compliance with the requirements of Chapter 240, Zoning, of the Code of the Town of Falmouth.
E.Â
If the Board fails to act upon a plan submitted under
this section, or fails to notify the Town Clerk and the applicant
of its action within 21 days after the date of submission, it shall
be deemed to have been determined that approval under the Subdivision
Control Law is not required, and the Town Clerk shall issue a certificate
to that effect.
A.Â
No person shall make a subdivision within the meaning
of the Subdivision Control Law 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, unless
and until a definitive plan of such subdivision has been approved
by the Board and such approval endorsed on the plan.
A.Â
A plan shall be submitted under this section when
delivered at a meeting of the Planning Board or when sent by registered
mail to the Planning Board, care of the Town Clerk. The date of submission
of the plan shall be deemed to be the date the application is delivered
to the Planning Board, or if mailed, the postmark date of mailing
shall be the date of submission.
B.Â
If a plan is delivered at a meeting of the Planning
Board, a copy of the application shall also be delivered or sent by
registered mail to the Town Clerk to serve as notice that such plan
has been submitted to the Planning Board.
C.Â
To be complete and properly submitted, each application
must have all the required documentation and the required filing fee.
D.Â
Plans which have been properly submitted will be reviewed
by the Planning Board on the first and third Tuesdays of each month,
at which time the owner or the owner's agent shall be present. If
review is scheduled for another meeting, the applicant will be notified.
[Amended 3-22-2005]
The fee schedule shall be as follows:
|
Type
|
Fee
|
|---|---|
|
Approval-not-required plan
|
$100.00 + $25.00 p/l over 3 lots
|
|
Preliminary plan
|
$200.00
|
|
Definitive plan
|
$200.00 + $25.00 p/l over 3 lots
|
|
Definitive plan w/o preliminary
|
$400.00 + $50.00 p/l over 3 lots
|
|
Releases
|
$100.00
|
|
Road Inspection
|
$1.00 / lf
|
|
Re-inspection
|
$100.00 / event
|
