§ 302-3. Word usage and definitions.  


Latest version.
  • 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.
    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.
    Editor's Note: See Ch. 303, Subdivision of Land.