No subdivision of any land, improvement or sale of lots in a subdivision, or construction of streets or installation of municipal utilities therein shall be permitted unless and until a definitive plan of such subdivision has been submitted to and approved by the Board under the provisions of these regulations.

No more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town, without the consent of the Board unless otherwise provided for in the Protective Zoning By-Law. Such consent may be conditioned upon the providing of adequate ways furnishing access to each site for each such building, in the same manner as otherwise required for lots within a subdivision.

2.3.1 Where the street system within a subdivision does not connect with or have, in the opinion of the Board, adequate access from a Town, County or State (public) way, the Board may require, as a condition of approval of a plan, that such adequate access be provided by the Applicant, and/or that the Applicant make physical improvements to and within such a way of access, from the boundary of the subdivision to the nearest public way capable of providing a safe flow of traffic to the subdivision. If determined necessary by the Board, the required improvements may include speed reduction measures that encourage motorists to travel within the posted speed limits of the public way(s). [Amended 2-18-99]

2.3.2 Where the physical condition or width of a public way from which a subdivision has its access is considered by the Board to be inadequate to carry the traffic expected to be generated by such subdivision, the Board may require the Applicant to dedicate a strip of land for the purpose of widening the abutting public way to a width at least commensurate with that required within the subdivision, and to make physical improvements to and within such public way to the same standards required within the subdivision. Any such dedication of land for the purpose of widening the way and any such work performed within such public way shall be made only with permission of the governmental agency having jurisdiction over such way, and all costs of any such widening or construction shall be borne by the Applicant. [Amended 2-18-99]

The recording of a plan of subdivision within the Town at the Registry of Deeds or the Land Court prior to the effective date of the Subdivision control Law in the Town of Ipswich (February 18, 1954) shall not exempt the land within such subdivision from the application and operation of these Rules and Regulations except as specifically exempted in M.G.L. c.41, Section 81.

2.5.1 Failure to Comply:

Failure substantially to comply with the provisions of these Rules and Regulations Governing the Subdivision of Land in Ipswich, Massachusetts, shall be reason for denial of a subdivision filed thereunder.

2.5.2 Waivers:n

The Board may waive strict compliance with any of these regulations if it deems such waiver to be in the public interest and if written record is kept of each such waiver and the reasons for it. In approving waivers, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standard(s) or requirement(s) waived.

2.6.1 The provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

2.6.2 These regulations are not intended to interfere with, abrogate or annul any other by-law regulation, statute, or other provision of law. If any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other regulation, by-law or other provision of law, whichever provision is more restrictive or imposes a higher standard shall apply.

2.6.3 If any part or provision of these regulations, or if application of any part or provision of these regulations to any particular circumstances, is adjudged to be invalid by any court of competent jurisdiction, such judgement shall not affect or impair the validity of the remainder of these regulations or the application of the remainder of these regulations as a whole to other circumstances.

Upon adoption of these regulations, the Rules and Regulations Governing the Subdivision of Land in Ipswich, Massachusetts adopted on May 8, 1979, as amended, are hereby repealed (except to such section(s) expressly described in M.G.L. c.41, Section 81.)

The Board may from time to time amend these regulations. Public hearings on all proposed amendments shall be held by the Board in the manner described in M.G.L. c. 41, Section 81-Q.

2.9.1 Preliminary Plans: The plan shall comply with Section IV of these regulations, except that the filing fee shall be 50% of the fee described in section 4.2.3.

2.9.2 Definitive Plans

The plan shall comply with section V of these regulations, with the following exceptions:

(a) The filing fee shall be 50% of the fee described in section 5.1.4. (b) Subsections 5.4 of Section V shall not apply. [Amended 2-18-99]