These regulations are promulgated by the Wayland
Planning Board pursuant to laws which include but are not limited
to the following:
The purpose of these regulations is to implement the provisions of Article 16 of the Zoning Bylaw and to guide the planning, design and construction of developments in accordance with Article 16 of the Zoning Bylaw, namely to:
A.
Preserve and maintain the existing and potential groundwater
supplies, aquifers and recharge areas of the town and to protect them
from development or land use practices which would adversely affect
their quality or quantity;
B.
Preserve and protect present and potential sources
of drinking water for the public health and safety; and
C.
Conserve the town's water resources.
The effective date of these regulations is the
date of adoption by the Wayland Planning Board: November 7, 1990.
Copies of these regulations will be available at the office of the
Planning Board and the office of the Town Clerk and will be furnished
to the public at a reasonable cost to cover preparation, reproduction
and handling.
As used in this chapter, the following terms
shall have the meanings indicated:
A duly submitted and completed request for a special permit under Article 16 of the Zoning Bylaw, filed with the development plan and all required forms, fees and information in accordance with the Zoning Bylaws and these regulations.
Article 16 of the Zoning Bylaw
Alteration of a site by addition or removal of buildings,
other structures, paved areas, parking areas, playgrounds, roads,
drives or utilities; by changing existing grades; by using the site
for waste disposal or storage of any materials or things; or by changing
existing land use patterns (e.g., forested to farming).
The Rules and Regulations for the Conduct of Planning Board
Functions, Meetings and Hearings, as amended.
The Zoning Bylaws of the Town of Wayland, as amended.[1]
All forms required for the purposes of these
regulations are available from the Planning Board or its agent.
A.
If a filing fee is required by any law or regulation other than Article 16 of the Zoning Bylaw, no additional filing fee shall be required hereunder. If no such other filing fee is required, the filing fee hereunder shall be $1 per linear foot of street or portion thereof shown on the development plan, but not less than $500.
The Zoning Bylaws shall apply to the development,
insofar as they are applicable, and shall control if there is any
inconsistency between the Zoning Bylaws and these regulations.
Other regulations of the Planning Board shall
apply to the development unless inconsistent with these regulations,
in which case these regulations shall control.
A.
Strict compliance with the requirements of these regulations may be waived only when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the intent and purpose of Article 16 of the Zoning Bylaw and these regulations.
B.
Any request from an applicant for a waiver of these
regulations must be submitted in writing to the Planning Board at
the time of, or prior to, submission of the application and must clearly
identify the provision or provisions of these regulations from which
relief is sought. Such request must be accompanied by a written statement
explaining why, in the applicant's opinion, the granting of such a
waiver would be in the public interest and would not be inconsistent
with the intent and purpose of the Zoning Bylaws and these regulations.
C.
In waiving strict compliance, the Planning Board may
require such alternative conditions as will serve substantially the
same objective as the standards or regulations waived. Waivers shall
be in writing and signed by the Planning Board.
If any section, paragraph, sentence, clause
or provision of these regulations shall be adjudged not valid, the
adjudication shall apply only to the material so adjudged, and the
remainder of these regulations shall be deemed valid and effective.
These regulations or any portion thereof may
be amended, supplemented or repealed from time to time by the concurring
vote of at least three members of the Planning Board.
The Planning Board may from time to time require
additional information which it believes is necessary for evaluation
of a proposal or plan or in connection with construction. The applicant
shall be notified in writing of any such requirement. If the need
is not evident to the Board prior to the public hearing and/or the
information cannot be furnished prior to the public hearing, the Planning
Board may continue the hearing until the information is provided.
