Authority. As authorized by § 9.3.4 of the Zoning Bylaw
and under the authority delegated to the Town of Lexington by Article
89 of the Amendments to the Constitution of the Commonwealth of Massachusetts,
known as the "Home Rule Amendment," the Planning Board of the Town
of Lexington (Board) adopts these Regulations governing those matters
in its jurisdiction under the Zoning Bylaw.
Title. These Regulations are known and may be cited as the "Planning
Board Zoning Regulations" or as the "Zoning Regulations" or, in this
document, as "these Regulations." These Regulations are gender neutral.
No person may proceed with the improvement or sale of lots, units,
or the construction of a street, an internal common driveway, or the
installation of municipal services within them or undertake preliminary
steps, such as the clearing of land, excavation, site preparation
or other preparatory steps, leading to development of land for which
requirements or standards are in these Regulations, unless all required
approvals have been granted by the Planning Board and recorded in
the Registry of Deeds or the Land Court, if applicable, and only then
according to the conditions of approval and the procedures set out
in these Regulations.
Issuance of Building Permits. The Building Commissioner may not issue
any permit for the erection of a building or the development of land
until first satisfied that there has been compliance with these Regulations
and the Zoning Bylaw and that all other applicable requirements have
been met.
Purpose. The powers of the Town of Lexington and of the Board under
MGL c. 40A and the Home Rule Amendment of the Massachusetts Constitution
are exercised to promote the general welfare and convenience, and
to protect the health and safety of the residents of Lexington and
of adjoining communities by:
Ensuring that future growth and development are of a type and design
compatible with surrounding land uses and traffic and public services
are not adversely impacted.
Facilitating a detailed review by Town officials and by the public
of proposed developments to determine the adequacy of the facilities
proposed to be provided and their effect on public facilities and
services and on adjoining land; and
Creating a sequence of review that progresses from the general to
the detailed to avoid unnecessary delay or expense to both the Town
and the applicant.
Consistency with State Law. In the case of conflict between MGL c.
40A (the Zoning Act) as it may be amended, and these Regulations,
or for matters not covered by these Regulations, state law controls.
Separability. The provisions of these Regulations are separable.
If any provision of these Regulations, or any decision or determination
in the administration of them, is adjudged by a court of competent
jurisdiction to be unconstitutional, invalid, or void, the court's
decision does not affect any other provision of these Regulations
or the administration of them.
Invalidation by Changes to State Law. Any part of these Regulations
invalidated by a new state law, by amendment of existing law, or by
a change to the Zoning Bylaw, must automatically conform to the new
or amended law or bylaw and will be considered effective immediately,
without recourse to the required procedures for amendment and repeal
of these Regulations.
Effective Date. These Regulations and any amendments become effective
on the date they are adopted. A copy of these Regulations must be
filed with the Town Clerk within seven days of the date of adoption
and made available for inspection on request.
Forms needed to administer development, and their contents,
may be created, deleted, or revised by administrative action of the
Planning Director. Forms are not part of these regulations.