Section 26-1. Purposes

This ordinance is enacted for the purposes as outlined in this Section and with the goal of:

1. Insuring proper and appropriate development of the remaining land in Methuen;
2. To provide guidance as to inappropriate conduct in the development of land;
3. To determine those who might violate basic land development requirements;
4. To inform the public of those individuals who are violators of regulations of land use, and;
5. To affirm the support of the municipality for proper land use and development.

This ordinance recognizes that not every alleged violation related to land development may or should result in the imposition of the procedures outlined herein. This ordinance is enacted to deal with substantive derogations from the requirements imposed on subdivision, special permit, variance, site plan permits or approvals, orders of condition or determinations of applicability.

Section 26-2. Violations

The following conduct in the development of land is considered inconsistent with the policy of Methuen and shall subject the violator to public notice and action:

1. Violation of statute, ordinance, permit or conditions in the development of land requirements imposed under subdivision, special permit, variance and site plan permits or approvals, orders of condition or determinations of applicability;

2. Improper disturbing or destruction of environmentally sensitive areas such as wetlands;

3. Failure to comply with cease and desist orders issued as to the development;

4. Abandoning a development and failing to complete all board or commission requirements of said development.

Section 26-3. Policy

It shall be the policy of the City of Methuen to entertain an application by any Board or Commission of the community, any state or federal officials and any ten (10) or more "parties in interest" to determine whether an individual or entity in developing land has violated any provision of Section 2.

The term "parties in interest" shall mean;

1) ten or more lot owners in the affected subdivision where the subdivision has more than 15 lots,
2) a majority of the lot owners in the affected subdivision where the subdivision has 15 or less lots.
3) ten or more "parties in interest" as the term is defined in GL Chapter 40A Section 11.

Section 26-4. Procedure

The individuals or entities listed in section 3 above may file an application with the Department of Economic and Community Development to determine if a person in developing land in Methuen has violated this ordinance. Said application shall include the name or position of the person making the application, together with their address, the name of the person and/or corporation or other business entity, together with the address, allegedly committing the violation, and the date of the violation as may be applicable. In the instance where an application is filed, the applicant shall specify in detail the nature of the violation and the appropriate remedy, if known.

Section 26-5. Action Upon Receipt of Application

In the instance where an application is filed, the Director of Economic and Community Development shall forthwith notify the person or entity charged with the violation of the filing of the application and shall provide them ten (10) days to respond by remedying the violation, identifying why there is not a violation, or specifying an acceptable time line for the correction of the violation.

If the Director of Economic and Community Development is not satisfied with the response of the alleged violator, he or she shall establish a public hearing within thirty (30) days of the filing of the application with newspaper notice no less than seven days before the hearing as well as notice to the applicant and the alleged violator. The public hearing shall be conducted by a five member Review Board which shall consist of one member each from the; Conservation Commission, Zoning Board of Appeals, Community Development, Historic District Commission and Board of Health. The designee from these Boards shall be chosen by their Chairman. In the instance where a Board has filed the application, no person voting on the application may sit on this Review Board. Where a board is disqualified under this ordinance from sitting the replacement shall be chosen by the Mayor to sit for that hearing on the Review Board. The board shall be convened upon the call of the Economic and Community Development Director and shall as its first order of business be to choose a Chairman and establish its rules of proceedings.

At the public hearing, the Review Board shall entertain the application, together with the testimony of any member of the public or officer or employee of the City or a state or federal agency, and shall further entertain any testimony or information offered by the alleged violator or his representatives. Following the closing of the public hearing, the Review Board shall within ten (10) days determine whether or not there has been a violation, as identified in Section 2 hereof, committed by the person or entity and, if so, forward such determination to the Mayor for review. Unless the Mayor shall within seven (7) days of receipt of this determination overturn such decision, it shall become final and binding. In the instance of a determination of violation, the Director of Economic and Community Development shall forthwith publish the findings of said Review Board, identifying the violator, the nature of the violation and the fact that said person/corporation is formally placed upon a Development Watch List. Said notification shall further; 1) be forwarded to all Boards charged with issuing permits, approvals or authorizations in the land development area, including, but not limited to, Conservation Commission, Zoning Board of Appeals, Historic District Commission and the Board of Health, 2) posted in the Building Commissioners office and 3) posted on the City's website. Additionally, a book of proceedings, including the application, the findings and all evidence from the hearing of the Review Board shall be submitted to the City Clerk. Said City Clerk shall post a notice of finding of violation and notify members of the public that they may review the book of proceedings in his or her office.

Section 26-6. Watch List Requirements

1. In the instance where a person is placed upon a Watch List, said individual may not obtain a subdivision approval, variance for subdividing land, site plan approval, special permit, order of conditions (municipal) or determination of applicability (municipal) without the posting of an adequate performance bond and unless otherwise provided in law, said bond shall be a cash bond.

2. In the instance when any person or entity is placed upon a Developer Watch List, each and every time said individual or entity files for such subdivision approval, variance for subdividing land, site plan approval, special permit, order of conditions (municipal) or determination of applicability (municipal) all land use permitting boards shall be notified and provided with a copy of the application. Additionally, the original applicants for the violation determination together with any other requesting parties shall receive a notice and copy of the application.

3. As to any person or entity on a watch list no bond release or reduction shall be granted or allowed prior to the holding of a public hearing. Such public hearing shall provide the opportunity to any interested party to comment publicly on the request to reduce the bond.

4. No approvals of completion of work, including Certificates of Compliance, Approvals of Subdivisions, or any historic authorizations may occur unless and until a notice is given to each Board involved in land development in Methuen, together with notice to the original applicant for the violation and any other party requesting notice. Said notice shall advise those individuals or entities of the day, date and place on which such acceptance, release or reduction may occur and advising the parties of their right to appear and object to such action.

Section 26-7. Parties Responsible

This Ordinance recognizes that as a common business practice a developer will create a corporation or other like entity that solely exists for a particular development. Said practice is commonly developed to shield an individual or individuals from liability or responsibility occurring from improper development. This Ordinance is specifically enacted to hold the business entities and the individuals responsible. Therefore, if the principal violator of this Ordinance was a corporation, then the provisions of this Ordinance shall nevertheless apply to any person designated at the time of the violation by the corporation as its President, Vice President, Treasurer, Clerk, or Board of Director. This shall also apply to any stockholder of more than ten per cent of the stock and/or the designated or principal agent of the corporation or other entity unless such person can offer evidence at the hearing that said person did not have control of the corporate entity or the ability to require the entity to comply with the provisions of this Ordinance and specifically, with the conditions established in law for the development.

Section 26-8. Term

Any individual or entity placed upon a Watch List shall remain on said Watch List and be subject to the provisions of this ordinance for a period of five (5) years unless, after a duly called public hearing with notice to the original applicant for the violation, said Review Board shall reduce the term for good cause shown and the Mayor shall approve such reduction in term.

Section 26-9. Applicability

This ordinance shall apply to all future development and to all existing approvals, permits, orders or endorsements if the same have not been completed and the applicable acceptance or compliance certification has not issued.

Section 26-10. Definitions

As used herein the term "abandon" or "abandoning" shall mean the act of leaving incomplete a development willfully and without an intent to return.

(Ord. #736, eff. May 16, 2002)