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.
A.
The adoption or change of this chapter may be initiated
by the submission of the proposed zoning bylaw or change to the Town
Council by the Town Council, 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 Town Council shall, within 14 days of receipt of such
zoning bylaw or change, submit it to the Planning Board for review.
[Amended 11-5-2018 RTM
by Art. 17]
B.
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 Town
Council. 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.
[Amended 11-5-2018 RTM
by Art. 17]
C.
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.
D.
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.
E.
No zoning bylaw shall be adopted or changed except
by a two-thirds (2/3) vote of the Town Meeting.
F.
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.
G.
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.
H.
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.
I.
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.
