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  • Acts
  • 2011
  • Chapter 163 AN ACT PROVIDING A SIMPLIFIED PROCEDURE FOR MUNICIPAL ACCEPTANCE OF SUBDIVISION ROADS IN THE CITY KNOWN AS THE TOWN OF FRANKLIN.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Notwithstanding chapters 79 and 82 of the General Laws or any other general or special law to the contrary, the city known as the town of Franklin may employ the procedure hereinafter set out for municipal acceptance of roads constructed within a subdivision in accordance with a planning board-approved definitive plan. The planning board, upon request of the town council or a developer, or on its own initiative, shall prepare a written certification that a subdivision road has been laid out and constructed in accordance with the board's rules and regulations and the approved definitive plan. The board shall submit its certification, together with original mylars of an acceptance plan, in required form for recording at the registry of deeds, and an "as-built" plan, to the Franklin town council. The town council shall hold a public hearing, after first giving written notice by first-class mail, postage prepaid, to the owner of record of each property abutting the road, as appears from the municipal records, and giving notice by publication in a newspaper of local circulation at least 7 days prior to the hearing. The sole purpose of the public hearing shall be to determine whether it is in the public interest to accept the road as a public way. If, after the public hearing, the town council determines that it is in the public interest to accept the road, they shall so vote on the acceptance of the road as a public way. If the town council by a two-thirds majority votes such acceptance, it shall cause to be prepared for recording at the Norfolk county registry of deeds an order of acceptance containing the vote. The order of acceptance, together with the original acceptance plan, shall be recorded within 30 days following the vote and, upon recordation, shall operate to vest ownership in fee to the road, together with ownership of all utility, drainage access and other easements shown, as well as all pipes, structures and other improvements located therein, in the town of Franklin with no additional notice or other action required. No owner or interest holder of land abutting a road so accepted or subject to an easement shown on the acceptance plan shall have any claim for compensation against the town on account of such acceptance.

SECTION 2. This act shall take effect upon its passage.

Approved, November 8, 2011.