A. 
These regulations are adopted by the Planning Board of the Town of Wayland as authorized by MGL c. 40A and by the Zoning Bylaws of the Town of Wayland (Zoning Bylaws), Article 6, Site Plan Approval, both as amended.
B. 
These regulations shall be known as and may be cited as the "Site Plan Review and Approval Regulations of the Planning Board of the Town of Wayland" or as the "Site Plan Review and Approval Regulations" or simply as "these regulations."
C. 
All citations in these regulations, whether direct or indirect, shall be to the most recent editions or versions of the reference, unless specified otherwise.
The purpose of these regulations, as set forth in the Zoning Bylaws, Article 6, is to establish uniform standards and procedures for the review and approval of site plan applications, whether the Planning Board administers site plan review and approval or reviews site plan approvals that are administered by the Zoning Board of Appeals. (Section 302-6 of these regulations specifies when each Board administers site plan review and approval.)
A. 
Unless expressly stated otherwise, in construing these regulations the words used in these regulations shall have the definitions listed in the most recent editions of:
(1) 
First, MGL c. 40A;
(2) 
Second, these regulations;
(3) 
Third, the Zoning Bylaws;
(4) 
Fourth, Article 2 of 780 Code of Massachusetts Regulations, the Massachusetts State Building Code; and
(5) 
Fifth, Webster's Unabridged Dictionary.
B. 
Technical terms or words or phrases and such others as may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning.
C. 
All references to the town, to officials, boards, commissions, committees, departments, etc., refer to Wayland unless otherwise specified.
D. 
Words in these definitions, and in these regulations, are assumed to apply in both the singular and plural and in both the feminine and masculine, unless the context clearly indicates otherwise or unless specified otherwise.
E. 
As used in these regulations, the following terms shall have the meanings indicated:
AGENT
The department head or other staff engaged by a board, commission or other Town of Wayland body or any other person designated in writing by said body to act legally in its stead.
APPLICANT
The person who files either a complete Applicant's Determination that Site Plan Review and Approval Are/Are Not Applicable or a complete Application for Site Plan Review and Approval. The applicant must be the owner of all land included in the plan. A representative (including lessee) or assigns may act for an owner, provided that written evidence of such fact is submitted. When an owner and/or his representative is other than an individual, evidence in the form of a certified list of the officers and authority designated to sign legal documents shall be required.
APPLICATION or REQUEST
All plans, data, narrative and other material required by these regulations or the Zoning Bylaws as part of a submittal to the Planning Board.
ARCHITECT
A person registered and/or legally permitted to practice as a professional architect in the Commonwealth of Massachusetts.
BOARD
The Planning Board of the Town of Wayland.
CALCULATION OF GROSS FLOOR AREA
A figure determined by the Planning Board for a change of use based on the aggregate of all such changes authorized since the original site plan approval or, if there is no site plan approval, since construction of the original structure.
CERTIFIED or ENDORSED
As applied to a plan or other instrument required or authorized by the Zoning Bylaws or these regulations to be recorded, bears a certification or endorsement by the appropriate majority of the acting board or by its chairman or clerk or any other person authorized by it to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and Recorder of the Land Court, which statement must be signed by the appropriate majority of said board.
DAY
A calendar day unless specified otherwise.
DEVELOPMENT PLAN OR PLAN
All drawings or sketches required by these regulations or the Zoning Bylaws as part of a submittal.
DRAIN
A channel or pipe that carries drainage water.
DRAINAGE
The control of surface and subsurface water.
EASEMENT
A right acquired by a public authority or other person for use or control of property for utility or any other designated purpose.
ENGINEER
A person registered and/or legally permitted to practice professional engineering in the Commonwealth of Massachusetts.
FINAL ACTION
The filing of the Planning Board's or the Zoning Board of Appeals' site plan decision at the Town Clerk's office.
HORIZONTAL CURVE
The portion of the right-of-way line along which a change in alignment occurs in the horizontal plane.
IMPROVEMENT
Any man-made immovable item, facility or service, together with its associated site or right-of-way, that becomes part of, placed upon or affixed to real estate or the land.
MAJOR REVISIONS OR AMENDMENTS
Changes proposed to approved site plans that are not minor revisions, as defined herein.
MASSACHUSETTS GENERAL LAWS ANNOTATED OR MGL
The General Laws of the Commonwealth of Massachusetts, Ter. Ed., with all additions and amendments thereto. In the case of a rearrangement of the General Laws, any citation of particular chapters/sections herein set forth shall be applicable to the corresponding chapters/sections in the new codification.
MINOR REVISIONS OR AMENDMENTS
Changes that are internal to existing structures (see the Zoning Bylaws, § 198-608.2).
PERMANENT BENCHMARK
A permanent reference point with the elevation accurately established by stone or concrete bounds and referenced to the United States Coast and Geodetic Survey (USCGS) datum.
PLAN
See "development plan."
RECORD, RECORDED OR RECORDING
Record, recorded or recording in the Registry of Deeds of the county or district in which the land in question is situated, except that instruments for registered land refer to those filed with the Recorder of the Land Court.
REGISTERED MAIL
Registered or certified mail. Return receipt mail is referred to specifically as such.
REGISTER OR REGISTRY OF DEEDS
The Register or Registry of Deeds of the county or district in which the land in question, or the town in question, is situated and, when appropriate, shall include the Land Court or Recorder thereof, namely, in the Town of Wayland, Middlesex County.
REGULATIONS
Site Plan Review and Approval Regulations of the Planning Board of the Town of Wayland as adopted and amended from time to time by the Planning Board pursuant to the Zoning Bylaws.
RIGHT-OF-WAY
The full strip of land designated for vehicular and sometimes pedestrian traffic, consisting of the pavement or traveled way and any planting strips and sidewalks. A right-of-way so designated shall be available only for such uses as are customary for rights-of-way in the Town of Wayland and shall not be available for any private construction, such as buildings, fuel tanks, septic systems, fences, walls or paved parking areas.
RIGHT-OF-WAY ALIGNMENT
(1) 
The ground plan of the right-of-way.
(2) 
The sequence of straight lines and curves that define the location of the right-of-way.
SIDEWALK or WALK
A way designed primarily for pedestrian use.
SIGHT DISTANCE
The length of road, roadway or street visible to the driver of an automobile.
SPRA
Site plan review and approval.
STORM DRAIN or STORM SEWER
A drain system that carries stormwater, surface water and the discharge from subsurface drains but does not carry wastewater.
STORMWATER
Precipitation that flows over or under the surface of the ground; "runoff" is that portion of precipitation that flows over the surface of the ground.
SUBDIVISION REGULATIONS
The Subdivision Regulations adopted by the Wayland Planning Board, as revised.[1]
SURFACE WATER
Stormwater runoff and all other water on the surface of the land, whether temporary or permanent.
SURVEYOR
A person registered or legally permitted to practice land surveying in the Commonwealth of Massachusetts.
TOWN
The Town of Wayland.
TRIBUTARY AREA
The area from which stormwater runoff contributes to the flow at a particular location.
UTILITIES
Sewers, water drains and other private or public utilities, including but not limited to water pipes, gas pipes, electric lines, telephone lines, fire alarm lines, cable television lines and their appurtenances.
VERTICAL CURVE
The portion of the right-of-way line along which change in alignment occurs in the vertical plane.
[1]
Editor's Note: See Ch. 303, Subdivision of Land.
A. 
No person shall undertake any improvement or alteration, and no building permits shall be issued therefor, until site plan review and approval as described herein has been issued, unless the proposed activity is exempt from site plan review and approval as described in these regulations, § 302-5, or until the completed Planning Board Confirmation that Site Plan Review and Approval Are Not Applicable, endorsed by the Planning Board, has been received by the Building Commissioner.
B. 
Any applicant applying for site plan review and approval under the Zoning Bylaws shall comply with these regulations. Site plan review and approval shall apply to any improvement, alteration or change of use to, on or with respect to:
(1) 
Any vacant lot, or vacant contiguous lots under the same ownership, where such improvement, alteration or change of use requires or results in the erection or placement of any structure or parking area on said lot or lots.
(2) 
Any existing structure or group of structures under the same ownership on the same or contiguous lots where such improvement, alteration or change of use requires or results in a substantial alteration to any area of parking, loading or vehicular access as set forth in the Zoning Bylaws, § 198-601.2.4, that is, any proposal where:
(a) 
All or part of such existing or proposed areas is located off the site of the primary use or structure;
(b) 
Any resurfacing of such areas results in any change in the design of the septic or drainage systems on or for the site;
(c) 
Any curb cut is relocated, added or otherwise changed;
(d) 
The Zoning Bylaws require more parking than was required for the previous use; or
(e) 
An increase in the area of such parking areas is required as follows:
If the total square footage currently required for such areas is:
Then "substantial alteration" shall mean any increase greater than:
Less than 15,000 square feet
33.3% of such areas or 1,499 square feet, whichever is smaller
15,000 square feet to less than 30,000 square feet
10% of such area
30,000 square feet or more
3,000 square feet
(3) 
Any existing structure or group of structures under the same ownership on the same or contiguous lots where such improvement, alteration or change of use requires or results in an increase of the gross floor area as set forth in the Zoning Bylaws, § 198-601.2.3, repeated herein as follows:
If the gross floor area of original structure or SPRA- authorized structure is:
(square feet)
Then SPRA shall be required for any increase greater than:
Less than 3,333
30% of existing gross floor area
3,333 to less than 5,000
1,000 square feet
5,000 to less than 7,500
20% of existing gross floor area
7,500 to less than 15,000
1,500 square feet
15,000 to less than 25,000
10% of existing gross floor area
25,000 to less than 50,000
2,500 square feet
50,000 to less than 80,000
5% of existing gross floor area
80,000 to less than 100,000
4,000 square feet
100,000 to less than 125,000
4% of existing gross floor area
125,000 or more
5,000 square feet
C. 
Site plan review and approval shall be a prerequisite to the issuance of any special permit, permit and/or variance required by the Zoning Bylaws unless exempted from site plan review and approval by these regulations, § 302-5.
Site plan review and approval shall not apply to the construction, reconstruction, alteration, enlargement or use of the following:
A. 
Single- or two-family residential structures or owner-occupied multifamily structures or structures or uses accessory thereto; or
B. 
Any proposal subject to Article 18 (Conservation Cluster Development) or Article 19 (Planned Development District) or Article 20 (Southeast Wayland-Cochituate Planning District) of the Zoning Bylaws.
A. 
The Planning Board shall administer site plan review and approval:
(1) 
When the Zoning Bylaws do not also require a special permit, permit and/or variance from the Zoning Board of Appeals; or
(2) 
When the Zoning Bylaws also require a special permit from the Planning Board.
B. 
The Zoning Board of Appeals shall administer site plan approval when the Zoning Bylaws also require a special permit, permit and/or variance from the Zoning Board of Appeals. In all such cases the applicant shall submit the complete application or request as required herein, and the Planning Board shall review and submit a written advisory report with recommendations thereon to the Zoning Board of Appeals as required herein.
A. 
The Planning Board may waive strict compliance with the provisions of these regulations, including the holding of a public hearing, when, in the written judgment of the Planning Board, the waiver is in the public interest or if the information required by these regulations is irrelevant to the project and the result of said waiver granted is consistent with the intent and purpose of the Zoning Bylaws and these regulations.
B. 
Any request for a waiver from these regulations shall be submitted, in writing, to the Planning Board. Said requests shall include a statement that clearly identifies the provision or provisions of these regulations from which relief is sought and a statement setting forth the reason or reasons why, in the applicant's opinion, the granting of such waiver would be in the public interest or why the required information is irrelevant to the project and why a waiver would be consistent with the intent and purpose of the Zoning Bylaws and these regulations.
C. 
The Planning Board shall vote on any request for a waiver within 21 days of the date of submittal of the complete application or request. If no vote is taken within said 21 days, said waiver request shall be deemed to be approved.
D. 
In waiving strict compliance with these regulations, the Planning Board may require such alternative conditions as will serve substantially the same objective as the standards or regulations waived. All granted waivers shall be written as part of the special permit.
The Planning Board may require the provision of reasonable security to the town, or it may recommend such security to the Zoning Board of Appeals, in such form and in such amount as may be determined by the Planning Board or its agent to ensure the satisfactory completion of all improvements required by site plan approval, exclusive of improvements made and related exclusively to structures and parking areas.
The Planning Board shall, without the need for a public hearing, establish and may periodically amend a schedule of fees for applications or requests made under these regulations. No such application or request shall be considered complete unless accompanied by the required fees.
A. 
These regulations may be amended by a majority vote of the Planning Board at any regularly scheduled meeting thereof after a public hearing has been held, the advertisement for which shall appear in a newspaper of general local circulation in two different weeks, the first advertisement to appear no less than seven days prior to the date of said hearing.
B. 
These regulations and amendments thereto shall become effective on the date such regulations are adopted and filed at the Town Clerk's office.
C. 
These regulations and any amendments thereto shall be filed at the Town Clerk's office within seven days of adoption.
D. 
Copies of these regulations and any amendments thereto shall be made available at the Planning Board office and at the Building Commissioner's office to all persons upon request at a reasonable cost to be established by the Board.
A. 
To ensure interoffice communication and uniformity of advice on all submittals, the applicant is advised to inform the Planning Board or its agent, in advance, of all appointments made with other town personnel and to copy the Planning Board or its agent in on all correspondence and communication with town personnel.
B. 
Any advice, opinion or information given to the applicant by a board member or by any agency, official, employee or personnel of the town shall be considered advisory only and not binding.
The Planning Board may from time to time require additional information that it believes is necessary for evaluation of the development or plan or in connection with construction of said development. Notification of any such requirement shall be in writing. If the need for such information is not evident prior to the public hearing and/or the information cannot be furnished prior to said hearing, the Planning Board may continue said hearing until such information is provided and reviewed.
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.
Written notice of any violation of the Zoning Bylaws, Article 6, or these regulations or of any site plan approval issued thereunder shall be provided by the Building Commissioner to the owner of the premises, specifying the nature of each violation and a reasonable schedule of compliance. In no event shall more than 30 days be allowed for either compliance or completion of a plan for longer-term compliance.