Wayland City Zoning Code
ARTICLE 20
Southeast Wayland-Cochituate Planning District
[Amended 6-16-1987 STM by Art. 3; 6-16-1987 STM by Art. 4]
§ 198-2001 Statutory authority; objectives.
2001.1.
In accordance with the provisions of MGL c. 40A, MGL c. 41, § 81I, the Home Rule Amendment (Article 89) to the Constitution of the Commonwealth of Massachusetts and every other power that the Town of Wayland may exercise, the Planning Board may grant special permits exempting developments that satisfy the terms and conditions that may properly be imposed pursuant to this article from certain regulations and restrictions contained in this Zoning Bylaw for the purposes set forth in Chapter 808 of the Acts of 1975, Sections 2A and 6, and to achieve the following objectives:
2001.1.1.
Development that conserves environmental features, woodlands, wetlands and areas of scenic beauty and preserves sites and structures of historical importance.
2001.1.2.
Development that encourages the construction and location of attached single-family dwellings, or multifamily condominium dwellings, in certain sites, to preserve the residential characteristics of Wayland for all its inhabitants.
2001.1.3.
Development that provides for a variety of housing in Wayland.
2001.1.4.
Development that will permit the Town to continue to provide the same quality of municipal services without imposing an increased financial burden on its citizens.
2001.1.5.
Development that will provide at least 10% of the dwellings constructed to be made available for sale at affordable prices.
2001.1.6.
Development that will protect the environment and preserve open spaces by granting conservation and recreation restrictions to the Conservation Commission for certain buffer areas and wet areas.
§ 198-2002 Definitions.
2002.1.
As used in this article, the following terms shall have the meanings indicated:
AFFORDABLE PRICES
Those prices set by the Massachusetts Housing Finance Agency and the Massachusetts Housing Partnership within the Massachusetts Department of Housing and Community Development for the sale of housing units to low- and moderate-income persons, as defined in the applicable Massachusetts Housing Finance Agency statute and regulations.
APPLICANT
The person or persons, including a corporation or other legal entity, who apply for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed development site or have authority from the owner(s) to act for him or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site within a period of 60 days from the time that the applicant shall notify the owner(s).
ATTACHED SINGLE-FAMILY DWELLING
A dwelling unit for one family that has at least one exterior wall in common with another dwelling unit.
BEDROOM
A separate room intended for, or that customarily could be used for, sleeping.
BUFFER
An area within a Southeast Wayland-Cochituate Planning District development site adjacent to its boundaries, roads, streams and ponds that may not be developed except as provided herein.
DEVELOPMENT SCHEDULE
A program showing the order of construction, and the sequence of improvements, to be built or furnished in the development site, defined by stages where applicable.
DWELLING UNIT
A residence. Each residence shall contain at least a kitchen-living area, a bathroom and one or more bedrooms.
LAND
Land, including areas covered by water.
MULTIFAMILY CONDOMINIUM DWELLING
A building containing more than one dwelling unit that is subject to the provisions of MGL c. 183A.
STAGE OF DEVELOPMENT
The work to be done, and the number of structures to be built, within any of the time limits defined by the development schedule.
WET AREAS
Water areas and other land in any of the following categories:
All land subject to the provisions of MGL c. 131, §§ 40 and 40A or land designated as being subject to the one-hundred-year flood (an A Zone) pursuant to the Federal Flood Disaster Protection Act, 42 U.S.C. § 4001 et seq., or subject to any regulation by the Town with regard to floodplain or aquifer protection. | |
All lands within the Watershed Protection District originally established by vote of the Town under Article 17 of the 1967 Annual Town Meeting, as the same may be amended from time to time. | |
Land that is ordinarily submerged during any portion of the year. |
§ 198-2003 Permitted uses.
2003.1.
In a Southeast Wayland-Cochituate Planning District, no building or premises shall be used, nor shall any building or structure be constructed, reconstructed, repaired or used, except as follows:
2003.1.1.
Any use permitted as of right by Article 4 of this Zoning Bylaw shall be permitted therein as of right. Prior to the issuance of a special permit by the Planning Board under this article, a parcel of land included within a Southeast Wayland-Cochituate Planning District shall retain the residential zone classification and dimensional controls applicable to it prior to such designation by Town Meeting as a Southeast Wayland-Cochituate Planning District.
2003.1.2.
Any use permitted if a special permit is obtained from the ZBA in accordance with the provisions of § 198-203 shall be permitted therein, subject to the same proviso.
2003.1.3.
Provided that a special permit is obtained from the Planning Board in accordance with the provisions of this article, attached single-family dwellings or multifamily condominium dwellings shall be the only permitted uses therein. In the event that a special permit is abandoned, as provided in § 198-2009 herein, or the time for application for a special permit has lapsed, as provided in § 198-2006.7 herein, the uses set forth in § 198-2003.1.1 and 2003.1.2 above shall be the permitted uses in a Southeast Wayland-Cochituate Planning District.
2003.2.
In the event that access roads and underground utility services (other than septic disposal facilities) are necessary for a development site, land abutting, but not included in, a Southeast Wayland-Cochituate Planning District may be used for such purposes, provided that such use shall have been approved by the Planning Board pursuant to its issuance of a special permit under this article, and further provided that:
2003.2.1.
The Planning Board shall find that such roads and services meet the objectives set forth in § 198-2001 above.
2003.2.2.
The Planning Board shall find that such roads and services meet the standards set forth in § 198-2004 below.
2003.2.3.
Any such roads and services so permitted shall be subject to all applicable provisions of this article and the rules and regulations prescribed by the Planning Board pursuant to § 198-2010 below.
§ 198-2004 Standards.
2004.1.
Qualifying area.
2004.1.1.
To qualify as a development site, an area of land in a Southeast Wayland-Cochituate Planning District shall contain at least 25 contiguous acres of land not divided by an existing street or aqueduct. At least 30% of the land area must be wet areas for any parcel of land to qualify as a Southeast Wayland-Cochituate Planning District development site.
2004.2.
Principles.
2004.2.1.
No application for a special permit shall be approved unless the Planning Board shall find:
2004.2.1.1.
That the proposed development plan is financially sound.
2004.2.1.2.
That the applicant's associates, professional advisers and contractors are qualified by training and/or experience to develop real estate and to construct multiresidence dwellings comparable to those proposed in accordance with the development schedule set forth in his application.
2004.3.
Affordability.
2004.3.1.
The development plan shall provide that at least 10% of the dwelling units to be constructed will be made available at affordable prices to home buyers and that the deed of these dwelling units will contain a mechanism or mechanisms to ensure future sales at reduced prices for a period of not less than 99 years. The development plan shall also provide that the Town of Wayland shall have a right of first refusal to purchase the dwelling units made available at affordable prices at the expiration of the aforementioned ninety-nine-year period. Dwelling units to be sold at affordable prices shall be integrated into the overall development in a manner acceptable to the Planning Board to prevent physical segregation of such units.
2004.4.
Development schedule.
2004.4.1.
A development schedule shall be required that considers the capacity of the applicant to develop, as well as the ability of the Town to provide, public services in accordance with the provisions of § 198-2001.1.4 above.
2004.5.
Preservation of natural and historical features.
2004.5.1.
Natural and historical features of special interest, including hilltops, cliffs and bluffs, ravines, attractive groves of trees, biological habitats of special interest and views of unusual charm, shall be preserved.
2004.6.
Ground coverage limitations.
2004.6.1.
No more than 35% of the total area of a Southeast Wayland-Cochituate Planning District development site shall be occupied by structures, parking areas, roadways and driveways, patios, storage spaces or enclosed areas.
2004.7.
Density of dwelling units.
2004.7.1.
The maximum number of dwelling units that may be allowed in a development site shall be determined by the Planning Board in accordance with the following formula:
D = K (A-W) | |
|---|---|
Where: | |
D = The maximum number of dwelling units. | |
K = The density factor, with a value recommended by the Planning Board within the range of 2.75 to 3.25. | |
A = The total number of acres in a Southeast Wayland-Cochituate Planning District development site. | |
W = The number of acres of wet areas. |
2004.8.
Number of bedrooms.
2004.8.1.
The number of bedrooms in any Southeast Wayland-Cochituate Planning District development shall not exceed two times the number of dwelling units permitted by the special permit.
2004.9.
Maximum number of dwelling units per building.
2004.9.1.
No multifamily condominium dwelling or attached single-family dwelling grouping in a Southeast Wayland-Cochituate Planning District development shall contain more than six dwelling units.
2004.10.
Buffers.
2004.10.1.
A structure may not be erected, nor may any land be paved, within 100 feet of the perimeter of a Southeast Wayland-Cochituate Planning District development site unless such construction shall have been approved by the Planning Board acting in accordance with its rules and regulations.
2004.11.
Separation of buildings.
2004.11.1.
The developer shall separate neighboring buildings to prevent overmassing and to assure privacy and a view to outlying open areas. Every effort shall be made to design and locate buildings to retain and reflect the character of the community in which they are located.
2004.12.
Height.
2004.12.1.
No building or structure shall be more than three stories in height or exceed 35 feet in height from finished grade at any point.
2004.13.
Parking.
2004.13.1.
A minimum of two parking spaces shall be provided for each dwelling unit. The term "parking spaces" shall be defined to include both private indoor parking garages and private driveways accessing such indoor garages. No lot providing for residential parking shall contain more than 10 parking spaces. Each parking lot shall be screened from ways by a landscaped border that shall be at least 25 feet wide.
2004.14.
Utilities.
2004.14.1.
All electric, gas, telephone and water distribution lines shall be placed underground in accordance with the regulations of the Planning Board, unless the Planning Board shall grant an exception to this requirement.
2004.15.
Roads.
2004.15.1.
All roads shall be designed, located and constructed, in a manner satisfactory to the Planning Board, as private ways to be maintained by an association of unit owners.
2004.16.
Paths.
2004.16.1.
Paths for the use of residents shall be attractively designed with proper regard to convenience; separation of vehicular, bicycle and pedestrian traffic; adequate connectivity; and completeness of access to the various amenities and facilities on the development site.
2004.17.
Surface drainage.
2004.17.1.
The surface drainage system shall be designed in accordance with the rules and regulations of the Planning Board and the Board of Health and in accordance with the requirements of the Conservation Commission with respect to retaining and protecting groundwater. Drainage of adjoining parcels shall not be materially adversely affected by the development.
2004.18.
Septic disposal.
2004.18.1.
All wastewater treatment and/or sewage disposal facilities shall be designed and constructed in accordance with the most recent provisions of the Sanitary Code promulgated by the Massachusetts Department of Public Health, the regulations of the Board of Health and all other laws pertaining thereto.
2004.19.
Conservation and recreation restriction.
2004.19.1.
Conservation and recreation restrictions on the development site shall be granted to the Town of Wayland Conservation Commission, in accordance with MGL c. 184, §§ 31 through 33, over certain buffer areas and over wet areas. The Planning Board shall determine the exact areas to be subject to the conservation and recreation restrictions and the exact terms and provisions of such restrictions, after considering the need to protect the environment and preserve open spaces and the comments, if any, of the Conservation Commission.
§ 198-2005 Special permit application.
2005.1.
An application for a special permit for construction of attached single-family dwellings and/or multifamily condominium dwellings in a Southeast Wayland-Cochituate Planning District shall be submitted to the Planning Board on forms furnished by the Planning Board. Written notice containing a copy of said plan shall be given by the applicant to the Town Clerk, the Conservation Commission, the Finance Committee, the Fire Chief, the Board of Health, the Building Commissioner, the Park and Recreation Commissioners, the School Committee, the School Building Planning Committee, the Selectmen, the Commissioners of the Water Department and the Zoning Board of Appeals. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of MGL c. 41, §§ 81O and 81T, as the same may be amended from time to time, a filing fee determined in accordance with § 198-2012 below and a development plan containing the following information and data:
2005.1.1.
The name(s) and address(es) of the applicant and all legal and beneficial owners of the site; copies of all instruments, options, contracts or encumbrances affecting ownership of the development site, together with the opinion of an attorney concerning the state of the title; and an instrument executed by all persons owning property within the site agreeing that the development, as applied for, is desired.
2005.1.2.
A plan, suitable for recording, of the development site showing all structures and improvements on the site, all ways and utilities serving the same and all lot lines, easements and rights-of-way of record.
2005.1.3.
All information required by the Planning Board regarding the training and experience of the applicant, his associates, professional advisers and contractors in the development and management of real estate and the construction of housing, as well as their respective financial positions. Such information may include a list of all persons and organizations with whom or with which he has been associated in the development of real estate during the past 10 years, including their addresses and the names of their principal officers, as well as all sources of credit upon which he relies to acquire, develop and manage the development site. The applicant shall furnish copies of such transcripts, records, letters of intent and contracts, as well as all other documentation that the Planning Board may require to determine whether the applicant is qualified to undertake and complete the proposed development and whether his plan for financing the same is sound.
2005.1.4.
A proposed development schedule showing the beginning of construction; the rate of construction and development, including stages, if applicable; and the estimated date of completion.
2005.1.5.
Information, including but not limited to reports, letters or studies prepared by qualified professionals, showing the effect, from time to time, of the development on the Town's capacity to furnish services, including but not limited to schooling, roads, water and sanitation.
2005.1.6.
A map, to the scale required by the Planning Board, of the development site and the community surrounding the same to a distance of 1/2 mile and showing all proposed points of interconnection, including roads, utilities and schools.
2005.1.7.
A plan or plans, to the scale required by the Planning Board, showing the topography of the site at a minimum of two-foot intervals, as well as vegetation and special features, including all woodlands, wetlands, groups of trees or individual trees worthy of preservation, rock outcroppings, significant slopes, trails and paths, flowing streams and drainageways, ponds, productive agricultural lands, open vistas, structures of historical importance, biological or wildlife habitats and proposed conservation and recreation restriction areas.
2005.1.8.
Plans for the preservation of the vegetation and special features shown on the topographic plan.
2005.1.9.
All information that the Planning Board may require to determine limitations on ground coverage and density.
2005.1.10.
Information, including proposed interior plans, regarding the number and kind of proposed dwelling units, including their location, the number of bedrooms planned, the anticipated sale prices and population projections pertaining thereto.
2005.1.11.
A plan or plans, to the scale required by the Planning Board, showing existing and proposed contours, roads, lighting, utility and sewerage systems, the areas to be set aside for building structures, parking areas and conservation and recreation restrictions.
2005.1.12.
A model or models illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be required.
2005.1.13.
A report showing the manner of construction of structures and describing structural and paving materials, all in accordance with the minimum standards prescribed in the most recent provisions of the Building Code and all other laws and regulations pertaining thereto.
2005.1.14.
Information showing the proposed street name and numbering system and any supplementary methods proposed for identifying places and residences in the site.
2005.1.15.
Any organization that the applicant proposes to form if the development is to be a condominium development, including forms and plans to be used to organize and manage the same.
2005.1.16.
Copies of all proposed covenants, easements and other restrictions that the applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply.
2005.1.17.
Proposals for the disposition of sanitary waste and stormwater.
2005.1.18.
Copies of all proposed deed restrictions to assure resale at affordable prices, and the right of first refusal in favor of the Town, for dwelling units to be sold at affordable prices in accordance with § 198-2004.3 herein.
2005.1.19.
Any and all other information that the Planning Board may reasonably require, in a form acceptable to it, to assist in determining whether the applicant's proposed development plan meets the objectives of § 198-2001 and satisfies the standards of § 198-2004 above.
§ 198-2006 Review and action by the Planning Board.
2006.1.
Within 65 days of receiving an application for a special permit for a development plan, as the same may have been modified from time to time since it was first submitted, the Planning Board shall request a report from the Board of Health pursuant to MGL c. 41, §§ 81U and 81V, and hold a public hearing on such plan, giving notice of the time and place thereof and of the subject matter in accordance with the provisions of MGL c. 40A, § 11, as the same may be amended from time to time.
2006.2.
In the event that the Planning Board shall decide, after the conclusion of such hearing, not to grant such a special permit, it shall notify all parties in interest of its decision, as provided in MGL c. 40A, § 15, as the same may be amended from time to time.
2006.3.
If, on the other hand, the Planning Board shall be inclined to grant such a special permit, it shall, within 60 days after the date of the conclusion of the public hearing, send to the applicant a proposed special permit containing the approved development plan, as well as such conditions and safeguards it deems appropriate to assure the approved site shall be developed in complete harmony with the general purpose and intent of MGL c. 40A, § 9, and this Zoning Bylaw. Without limiting this general purpose and intent, such conditions and safeguards shall include:
2006.3.1.
A requirement that the applicant shall submit to the Planning Board:
2006.3.1.1.
A plan, suitable for recording, showing the land in the development site, including a designation of land to be included as conservation and recreation restrictions;
2006.3.1.2.
A copy of the deeds for the dwelling units to be sold at affordable prices;
2006.3.1.3.
If the special permit provides for construction of multifamily condominium dwelling units, a master deed, duly executed and recorded by the applicant, submitting the land to the provisions of MGL c. 183A, as well as a copy of the bylaws to be adopted by the organization of unit owners; and
2006.3.1.4.
A document, suitable for recording, granting the Town of Wayland a conservation and recreation restriction over certain buffer areas and over wet areas.
2006.3.2.
A development schedule, bearing the signature of the applicant, showing dates for:
2006.3.2.1.
Commencement of development within one year after recording of the special permit applied for;
2006.3.2.2.
Completion of each stage of the proposed development, if applicable; and
2006.3.2.3.
Completion of the development.
2006.3.3.
Negotiable instruments, deposits of money and/or a performance bond of a surety company qualified to do business in Massachusetts and satisfactory to the Planning Board shall be furnished and maintained by the applicant, and a covenant, running with the land, shall be executed and recorded by the applicant, which covenant shall be sufficient, in the opinion of the Planning Board, to secure adherence by the applicant to the approved development plan and performance of such plan in accordance with the development schedule set forth therein. All such covenants shall provide that the applicant shall pay $50 to the Town, as liquidated damages, for each day that shall pass after the expiration of 90 days from the time that any work shall not have been completed as required by the development schedule, unless said work shall have stopped for a period of 30 days under a court order or if it shall be stopped or delayed through no act or fault of the applicant or of any of the contractors that the applicant has engaged to develop the site.
2006.3.4.
A requirement that the professionals and principals named in the development plan shall continue to participate in the development in the capacities specified in the approved plan, unless the Planning Board shall have modified the permit as hereinafter provided.
2006.3.5.
Regulations to minimize inconveniences to residents in the general area, whether of noise, vibration, dust, blocking of Town roads or otherwise.
2006.3.6.
A requirement that as-built drawings shall be filed with the Building Commissioner upon completion of each stage of the development.
2006.4.
The applicant shall, within 15 days after he receives a copy of the proposed special permit from the Planning Board, notify said Board of his acceptance of, or his refusal to accept, all the conditions and safeguards set forth therein. In the event that the applicant shall notify the Planning Board that he accepts all such conditions, he shall file with his notice copies of the plan and the instruments that he proposes to submit pursuant to § 198-2006.5 below to satisfy the requirements of § 198-2006.3.1 through 2006.3.3 above. In the event that the applicant shall not, within said period, notify the Planning Board that he accepts all of said conditions and safeguards or if he shall fail to submit copies of the aforesaid plan and instruments, the Planning Board shall be deemed to have denied approval of the development plan and his application for a special permit. The Planning Board and the applicant may, nevertheless, agree, in writing, to a change in any such conditions, and the Planning Board may, at the request of the applicant, extend the time during which the applicant shall notify the Planning Board, in writing, of his acceptance, or refusal to accept, the proposed conditions and safeguards.
2006.5.
Within 10 days after the applicant has notified the Planning Board of his acceptance, the applicant shall deliver to said Board all of the documents described in § 198-2006.3.1 through 2006.3.3 above, except the instrument and master deed required by § 198-2006.3.1.3 above, together with any and all other instruments and fees that may have been imposed as a condition or safeguard upon exercise of the special permit applied for.
2006.6.
Upon receipt of all such material, the Planning Board may grant such special permit to the applicant in accordance with the procedure set forth in MGL c. 40A, §§ 9 and 11, subject, however, to such conditions and safeguards as it may impose pursuant to MGL c. 40A, § 9.
2006.7.
The Planning Board shall have no power to issue a special permit under this article after the expiration of 36 months from the date on which the Attorney General shall have approved the bylaw amendment designating a Southeast Wayland-Cochituate Planning District for which the special permit is sought, unless, after the expiration of such thirty-six-month period, the consent of all but one of the members of the Planning Board shall be given to the issuance of a special permit in the manner provided by MGL c. 40A, § 16. Such consent by all but one of the members of the Planning Board shall be effective for 12 months from its date and may be extended for additional twelve-month periods by similar vote of the Planning Board.
§ 198-2007 Permits for use and construction.
2007.1.
No permit for the construction or alteration of any structure, or for any new use of a structure, on the land in the development site shall be granted by the Building Commissioner or permitted by the Zoning Enforcement Officer until the Planning Board shall have reviewed a copy of each application for a building permit and/or a use permit submitted to it by the applicant and notified said officials, in writing, that:
2007.1.1.
Less than one year has expired since the grant of the special permit or that a building or use permit has previously been granted for said site;
2007.1.2.
The applicant has obtained binding commitments for the financing required to complete the stage of development proposed or in progress or that he has irrevocably committed personal funds sufficient for this purpose; and
2007.1.3.
The proposed construction and/or use is in substantial compliance with the definitive plan of the subdivision, where applicable, the development plan and this Zoning Bylaw. In the event that 20 days shall have elapsed after the Planning Board has received a copy of such application without submitting the aforesaid notification, the permit may issue as if the Planning Board had so notified the Building Commissioner and Zoning Enforcement Officer.
2007.2.
In the event that the Planning Board shall determine that the applicant has not satisfied the conditions and safeguards set forth in § 198-2007.1 above or that any schedule, construction or use applied for will vary any of the following criteria by 10% or more from the approved development plan, it shall recommend that the Building Commissioner and/or Zoning Enforcement Officer withhold a permit therefor pursuant to the provisions of MGL c. 40A, § 7, as the same may be amended from time to time:
2007.2.1.
The amount and location of ground coverage, including buffers.
2007.2.2.
Adherence to the development schedule.
2007.2.3.
The density and types of dwelling units.
2007.2.4.
The size and number of parking spaces required.
2007.2.5.
The location of utility facilities.
2007.2.6.
The location of paths, ways and traffic.
2007.3.
In such event, the applicant may either appeal such decisions of the Zoning Enforcement Officer pursuant to the provisions of MGL c. 40A, §§ 8 and 15, or apply for modification of his special permit as provided hereinbelow.
§ 198-2008 Amendments.
2008.1.
In addition to the powers conferred upon it by MGL c. 41, § 81W, the Planning Board shall have the power, on its own motion or on the petition of any person interested, to modify or amend its approval of the development plan annexed to its special permit, provided that no such proposed modifications or amendments may be granted until the Planning Board shall have satisfied the requirements of § 198-2006 above.
2008.2.
No modification of the provisions of said development plan, or part thereof, contained in the special permit shall nevertheless be made, nor shall it be impaired by the Town, except with the written consent of the applicant.
§ 198-2009 Abandonment.
2009.1.
In the event that the applicant shall abandon the work described in the approved development plan, or any portion or stage thereof, for a period of 120 days or if he shall fail to commence said work within the time prescribed in § 198-2006.3.2.1 above, the Planning Board may, after a hearing duly called and conducted in accordance with MGL c. 40A, §§ 11 and 15, cause notice of abandonment to be recorded in the Middlesex South District Registry of Deeds.
2009.2.
No such notice shall be recorded, however, in the event that the holder of any security interest in the development site who has exercised his right to take possession of the mortgaged property and to proceed to completion of the work that he has contracted to finance shall have delivered an instrument to the Planning Board, assented to by the applicant, accepting all the conditions and safeguards set forth in the special permit, as the same may have been modified from time to time, and such holder or holders shall thereupon be deemed the applicant hereunder.
2009.3.
Notwithstanding anything herein to the contrary, a special permit granted hereunder shall lapse if construction thereunder is not begun within two years from the date of such grant, except for good cause. Upon the recording of a notice of abandonment, no further development shall take place in the development site unless the applicant shall have complied with the zoning and subdivision control regulations that would otherwise be applicable thereto.
§ 198-2010 Rules and regulations.
2010.1.
The Planning Board may prescribe rules and regulations from time to time to supplement the standards and conditions set forth in this article, provided that:
2010.2.
Said rules and regulations are not inconsistent with said standards and conditions;
2010.3.
A copy of said rules and regulations is filed in the office of the Town Clerk; and
2010.4.
Any amendment or change of said rules and regulations shall not apply to any application that shall have been submitted prior to such filing.
§ 198-2011 Enforcement; stop orders.
2011.1.
General principles.
2011.1.1.
In accordance with the provisions of MGL c. 40, § 31, MGL c. 40A, § 7, MGL c. 41, § 81U, Chapter 1, General Provisions, Article II, Violations and Penalties, of the Code of the Town of Wayland and every other authority and power that may have been, or may hereafter be, conferred upon it, the Town may enforce the conditions and safeguards imposed on the exercise of special permits under this article in equity or at law and recover from the applicant, his successor or approved assignee(s) all moneys that may be required to complete the approved development plan.
2011.1.2.
The penalty provisions of this Zoning Bylaw may be imposed upon the applicant, his general agent, tenants, architects, contractors or any and all persons having an interest in the development site, including a mechanic's lien, mortgage or attachments.
2011.1.3.
The Town of Wayland shall be the beneficiary of all fines imposed on account of the violation of this Zoning Bylaw to defray the expenses of enforcing the same.
2011.1.4.
All provisions of the approved development plan shall run in favor of the residents thereof, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to that extent said provisions, whether recorded by plan, covenant, easement or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through their organization.
2011.2.
Stop order.
2011.2.1.
In the event of a violation of law, an unauthorized sale or lease of the approved development site, development that deviates from the approved development plan or any use of the property that is not permitted in the development site or if the applicant shall otherwise fail or neglect to comply with the conditions and safeguards imposed on the exercise of his special permit, the Zoning Enforcement Officer or the Building Commissioner may deliver a stop order to the applicant or his agent by certified mail, return receipt requested, and by posting the same in a conspicuous location in said site. The order shall describe the nature of the violation and the date on which said order shall expire, which date shall not be six days later than the date of the order.
2011.2.2.
Any person who shall violate the provisions of a stop order shall be deemed in violation of this Zoning Bylaw.
2011.2.3.
Failure of the Town to deliver a stop order for any reason shall not prevent the Town from pursuing any other legal remedy permitted under law.
§ 198-2012 Fees.
2012.1.
To reimburse the Town for the expense of processing the various applications provided for hereinabove, the Planning Board may from time to time adopt and promulgate in its regulations a schedule of fees payable by the applicant, a copy of which shall be kept on file and available in the office of the Town Clerk.
