It is the purpose and intent of this article to describe how this chapter will be originally adopted and subsequently amended, as well as to describe the effects of a decision holding a part of this chapter invalid and the effective date of this chapter.
This chapter will be originally adopted and from time to time changed by amendment, addition or repeal in the manner hereinafter provided.
The adoption or change of this chapter may be initiated by the submission of the proposed zoning bylaw or change to the Board of Selectmen by the Board of Selectmen, Zoning Board of Appeals, by an individual owning land to be affected by the change or adoption, by 10 registered voters in the Town, by the Planning Board or by the Regional Planning Agency. The Board of Selectmen shall, within 14 days of receipt of such zoning bylaw or change, submit it to the Planning Board for review.
No zoning bylaw or amendment thereto shall be adopted until after the Planning Board has held a public hearing thereon at which interested persons shall be given an opportunity to be heard. Said public hearing shall be held within 65 days after the proposed zoning bylaw or change is submitted to the Planning Board by the Board of Selectmen. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing (not counting the day of the hearing), and by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of said hearing.
Notice of said hearing shall also be sent by mail, postage prepaid, to the Massachusetts Department of Community Affairs, the Regional Planning Agency and to the Planning Boards of all abutting cities and Towns.
No vote to adopt any such proposed bylaw or amendment shall be taken until a report with recommendations by the Planning Board has been submitted to the Town Meeting or 21 days after said hearing have elapsed without submission of such report, after which the Town Meeting may adopt, reject or amend any such proposed bylaw. If the Town Meeting fails to vote to adopt any proposed bylaw or amendment within six months after such hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as above provided.
No zoning bylaw shall be adopted or changed except by a two-thirds (2/3) vote of the Town Meeting.
No proposed zoning bylaw or amendment which has been unfavorably acted upon by the Town Meeting shall be again considered by the Town Meeting within two years after the date of such unfavorable action unless the adoption of such proposed bylaw or amendment is recommended in the final report of the Planning Board.
The effective date of the adoption or amendment of this chapter shall be the date on which such adoption or amendment was voted upon by the Town Meeting. The adoption or amendment shall be published in a Town bulletin or pamphlet and posted or shall be published in a newspaper pursuant to MGL c. 40, § 32. After the adoption of the zoning bylaw or amendment and approval of the Attorney General, the Town Clerk shall send a copy of the zoning bylaw, as amended, to the Department of Community Affairs forthwith.
No claim of invalidity of this chapter arising out of any possible defect in the procedure of adoption or amendment shall be made in any legal proceeding, and no state, regional, county or municipal officer shall refuse, deny or revoke any permit, approval or certificate because of any such claim of invalidity unless within 120 days after adoption of this chapter or amendment legal action is commenced and notice specifying the court, parties, invalidity claimed and date of filing is filed, together with a copy of the petition, with the Town Clerk within seven days after commencement of the actions.
All procedures not stated herein but stated in MGL c. 40A (the Zoning Act) shall be governed by the Zoning Act as may be amended from time to time.
In case any section or provisions of this chapter shall be held invalid in any court, the same shall not affect any other section or provision of this chapter, except so far as the section or portion so declared invalid shall be inseparable from the remainder of any portion thereof.
The effective date of this bylaw shall be the date of adoption by the Wakefield Town Meeting.