[HISTORY: Adopted by the Planning Board of the Town of Andover 1-11-2011. (This legislation
also superseded former Art. XIII, Subdivision Rules and Regulations,
adopted 12-9-1986, as amended.) Amendments noted where applicable.]
GENERAL REFERENCES
Construction permit fees — See Art. VII.
Zoning — See Art. VIII.
Plumbing — See Art. IX.
Fire prevention — See Art. X.
Wetlands and watercourses — See Art. XIV.
Stormwater management and erosion control — See
Art. XVI.
[Amended 1-8-2002]
A.Â
Authority.
Under the authority vested in the Planning Board of the Town of Andover
by Section 81Q of Chapter 41 of the General Laws, said Board hereby
adopts these Rules and Regulations Governing the Subdivision of Land
in the Town of Andover.
B.Â
Purpose.
1.Â
The
powers of the Board shall be exercised in accordance with the General
Laws of Massachusetts to regulate the laying out and construction
of ways in subdivisions to insure the safety, convenience and welfare
of the present and future inhabitants of Andover. The Board shall
exercise its authority with due regard for provision of adequate access
to all of the lots in the subdivision by ways that will be safe and
convenient for travel; for lessening congestion in such ways and in
the adjacent public ways; for reducing danger to life and limb in
the operation of motor vehicles; for securing safety in the case of
fire, flood, panic and other emergencies; for insuring compliance
with applicable provisions of the Andover Zoning By-Law;[1] for securing adequate provision for water, sewerage, drainage,
underground utility service, police and fire protection and other
similar equipment, and street lighting and other requirements where
necessary in a subdivision; for coordinating the ways in a subdivision
with each other and with the public ways in neighboring subdivisions.
Such powers shall also be exercised with due regard for the policy
of the commonwealth to encourage the use of solar energy and protect
the access to direct sunlight of solar energy systems.
[1]
Editor's Note: See Art. VIII, Zoning.
2.Â
In
considering a proposed subdivision, the Planning Board shall solicit
the opinions of other Town boards, committees, commissions and officials
as they pertain to the subdivision. The Board may also solicit the
opinion of technical experts employed by the Board for the purposes
of providing specialized technical review to the Board.
In construing these regulations, the definitions in Section
81-L of Chapter 41 of the General Laws shall apply. In addition, the
following other terms and words are defined:
The owner of record of all of the land shown on any plan
submitted for approval to the Planning Board in accordance with the
Subdivision Control Law and these Rules and Regulations. The applicant
shall submit the title reference or references from the Essex County
Registry of Deeds indicating that the applicant is the owner of record.
[Amended 3-10-1998; 1-11-2011]
That person or persons of the Planning Board staff to whom
the Planning Board has delegated authority: (1) to receive from applicants,
on behalf of the Board, plans and documents and instruments submitted
or filed with the Board under the Subdivision Control Law and under
these Rules and Regulations and to place thereon the Board's stamp
showing date of submission or filing, as the case may be; (2) to file
on behalf of the Board in the Town Clerk's office, and record in the
Essex North Registry of Deeds, plans and documents the subject of
proceedings before it; (3) to give and publish notice on the Board's
behalf all, in each such case, as may from time to time be required
by the Subdivision Control Law and by the Rules and Regulations Governing
the Subdivision of Land in Andover; (4) to issue stop-work orders;
and (5) to conduct inspections and review proposed projects in accordance
with these regulations.
[Amended 1-8-2002]
The level of flooding having a one-percent chance of being
equaled or exceeded in any given year, as designated on Federal Insurance
Administration (FIA) maps cited at § III, Subsection E,
of the Zoning By-Law, or, in the absence of such designation, as determined
by the Planning Board based upon the best available information regarding
flood hazards, including any available Environmental Science Services
Administration (ESSA) and United States Army Corps of Engineers studies.
The Town of Andover Planning Board. A quorum for a meeting
or hearing is three members.
[Amended 1-8-2002]
When referring to a plan, the date when the plan is delivered
at a meeting of the Board or when sent by registered mail to the Board.
If mailed, the date of mailing shall be deemed the date of submission
of the plan. For the purposes of the Subdivision Control Law and of
these Rules and Regulations, a plan delivered to the staff at its
then principal office shall be deemed delivered at a meeting of the
Board.
The Town of Andover Department of Public Works.
Any person or persons acting on behalf of the applicant for
purposes of preparing and submitting plans and documents to the Planning
Board, and may include engineers, surveyors, contractors or attorneys,
and may also include any person or persons having an equitable interest
in the land under an agreement or option to purchase the land. The
applicant shall certify, in writing, the identity of each developer
who is authorized to submit plans and/or documents and act on behalf
of the applicant. Without such certification the developer shall not
act on behalf of the applicant.
[Amended 1-11-2011]
The control of surface water within the tract of land to
be subdivided.
A right in land acquired by public authority or other person
to use or control property for a utility or other designated purpose.
[Added 1-8-2002]
A person registered by the Commonwealth of Massachusetts
to perform professional engineering services in accordance with all
applicable laws and requirements of such registration.
[Added 1-8-2002]
Environmental Science Services Administration; the federal
agency formerly entitled "United States Coastal and Geodetic Survey."
An application for endorsement of a plan believed not to
require Planning Board approval. See Form in appendix.[1]
An application under SCL Section 81S for the filing of a
preliminary plan. See Form in appendix.[2]
An application, other than a Form A application, for endorsement
of a definitive plan believed to be a subdivision requiring Planning
Board approval under SCL Section 81T. See Form in appendix.[3]
A person registered by the Commonwealth of Massachusetts
to perform professional land surveying services in accordance with
all applicable laws and requirements of such registration.
[Added 1-8-2002]
An uninterrupted area of land in one ownership with definitive
boundaries, the use of which is subject to the provisions of the Zoning
By-law.
[Added 1-11-2011]
The method by which the Planning Board shall require that
the applicant secure the construction of ways and installation of
municipal services, before endorsement of its approval of a plan.
Recorded in the Essex North Registry of Deeds; if registered
land is affected, filed with the recorder of the Land Court of the
Commonwealth of Massachusetts.
[Added 1-8-2002]
The register of deeds of the county or district in which
the land in question, or the Town or town in question, is situated,
and, when appropriate, shall include the recorder of the Land Court.
[Added 1-8-2002]
These Rules and Regulations Governing the Subdivision of
Land in Andover, Massachusetts, as adopted by the Andover Planning
Board and as amended from time to time.
Subdivision Control Law, Chapter 41, Sections 81K through
81GG, inclusive, of the Massachusetts General Laws, as from time to
time amended.
Those measures necessary to secure soils surfaces in an erosion-free
condition by establishing coverings which will eliminate or reduce
the possibility of wind and water erosion either temporarily or permanently.
(Stabilization.)
Those persons from time to time employed by the Town of Andover
whose primary job responsibility is the enforcement of the Subdivision
Control Law and these Rules and Regulations, and the review, on behalf
of the Planning Board, of plans and documents and instruments submitted
to or filed with the Board under the Subdivision Control Law and under
these Rules and Regulations.
An order to an applicant issued by the Board or its authorized
agent, upon a violation of the Subdivision Control Law or these Rules
and Regulations or the conditions of approval of a plan, directing
that all work or certain specified work at a site the subject of Board
approval be stopped and not begun again until resumption is approved,
in writing, by the Board or its authorized agent. The "stop-work order"
may be given orally in the first instance, but shall be promptly followed
by written notice to the applicant.
An accepted Town way, or a way established by or maintained
under county, state, or federal authority, or a way established by
a subdivision plan approved in accordance with the Subdivision Control
Law, or a way determined by the Planning Board to have sufficient
width, suitable grades, and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed use of the
land, and for the installation of municipal services to serve such
land and the buildings erected or to be erected thereon.
[Added 1-11-2011]
Any combination by man of matter composed of parts or materials
assembled and joined or mixed together in some definite manner or
pattern at a certain location for whatever purpose or use, whether
or not affixed to the land. "Structure" shall include, but not be
limited to, swimming pools, tennis courts, sports courts and courts
for athletic and recreational activity and the equipment and paraphernalia
associated with any such court; but shall not include fences, garden
walls, earth retaining or embankment walls, and paved areas used solely
for vehicular or pedestrian access, or both.
[Added 1-8-2002]
The division of a tract of land into two or more lots, including
resubdivision, provided that such division shall not be deemed to
constitute a subdivision under the Subdivision Control Law (MGL c.
41, § K-GG) if, at the time it is made, every lot within
the tract so divided has frontage on:
[Added 1-8-2002]
A public way certified by the Town Clerk as being maintained
and used as a public way;
A way shown on a plan theretofore approved and endorsed in accordance
with the Subdivision Control Law; or
A way in existence prior to the date on which the Subdivision Control Law was adopted by the Town, and meeting the standards of the Board as set forth in § III, Subsection B, Paragraph 1.e.
An area within the layout or right-of-way at the end of a
street wherein a motor vehicle can reverse direction of movement.
[Added 9-28-1999]
Electric service lines; all lines for carrying voice, video,
digital or numerical reproduction from one source to another, including
telephone lines and cable telephone lines and cable television lines;
water service lines; municipal conduits; and housings and terminals
appurtenant to any of the foregoing.
[Amended 11-2-1987]
Includes public ways, ways accepted as such by the Town,
ways which the Town Clerk certifies are maintained and used as public
ways and ways approved by the Planning Board.
[Added 1-11-2011]
Those areas subject to protection under the Massachusetts
Wetlands Protection Act (MGL c. 131, § 40) and the Andover
Wetlands Protection By-Law and Regulations.[4]
[Added 1-8-2002]
[1]
Editor's Note: Form A is included at the end of this chapter.
[2]
Editor's Note: Form B is included at the end of this chapter.
[3]
Editor's Note: Form C is included at the end of this chapter.
[4]
Editor's Note: See Art. XIV, Wetlands and Watercourses.
A.Â
General.
Persons submitting plans accompanied by either Form A or Form B or
Form C applications shall do so by delivery to the Board at a meeting
of the Board or by mailing it registered mail to the Board, care of
the Town Clerk. Plans may also be submitted, accompanied by the appropriate
application, by delivery to the Board at the principal office of its
staff, in which case plans and applications thus submitted shall be
endorsed by a designated staff person with a stamp of the Board showing
the date of submission.
1.Â
Notice requirements: Persons submitting plans as in § III, Subsection A, above shall themselves be responsible for all notice requirements from time to time imposed upon them by the SCL, as amended; for example, but not limited to, the giving of notice to the Town Clerk by delivery or by registered mail that applicant has submitted such plan. See SCL Sections 81T; 81P; and 81S.
2.Â
Completeness of application: No application to the Board under the SCL shall be considered complete and no hearings shall be advertised or notice of hearing given until all information required by the SCL and by these Rules and Regulations, as amended, required of the particular type of plan (§ III, Subsection B, below) filed has been delivered to the Board and until the list of abutters, if required, has been certified to the Board by the Town Assessors. If in the Board's determination an application is incomplete or contains incorrect information and has not been properly submitted pursuant to these Rules and Regulations, the Board may use, as a basis for denial, lack of completeness of an application.
[Amended 1-8-2002]
3.Â
Consent
of property owner required for all applications. When the applicant
does not own the property shown on a plan filed with an application
pursuant to these Rules and Regulations, the applicant shall state
the nature of his or her interest in the property and shall submit
the written consent of the property owner by having the property owner
appropriately endorse the application for plan approval. An application
made by someone other than the property owner shall not be considered
a proper submittal unless the consent of the property owner has been
submitted. Where the owner is a partnership, trust or corporation,
documents must be submitted indicating who has signing authority to
enter into agreement on behalf of the partnership, trust or corporation.
If the property owner subsequently withdraws consent to the application
after the application is filed, the Board may deny the application
for this lack of consent of the owner.
[Added 1-8-2002]
B.Â
Plan
types: This section contains a description of the three types of subdivision
plans defined by the SCL.
1.Â
Form
A plans: Those plans submitted pursuant to Section 81-P of the SCL
which do not require formal Board approval. These plans generally
fall within the following categories:
a.Â
Division of land into lots, each of which has the lot area and frontage
required by the Zoning By-Law for the zoning district in which the
land is located and such frontage is located on: (a) a public way
or a way which the Town Clerk certifies is maintained and used as
a public way; or (b) a way shown on a plan previously approved and
endorsed in accordance with the SCL; or (c) a way in existence when
the SCL became effective in Andover, having, in the opinion of the
Board, sufficient width, suitable grades and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
use of the land and for the installation of municipal services to
serve such land.
b.Â
Perimeter plan drawn and certified by a registered land surveyor
showing the boundary lines of a lot which meets the area and frontage
requirements stated in the Andover Zoning By-Law for the zoning district
in which the lot is located.
c.Â
Easement plan drawn and certified by a registered professional engineer
or a registered land surveyor.
d.Â
A plan showing land to be conveyed from one lot to an adjacent lot, so long as the conveyance does not leave any lot so affected without the frontage and area set forth in § III, Subsection B, Paragraph la, above.
e.Â
In determining whether an existing private way is adequate to qualify
a plan for an endorsement as Approval Under the Subdivision Control
Law Not Required, the Planning Board shall consider all of the following:
[Added 3-10-1998]
i.Â
The right-of-way is at least 40 feet in width and must exist in fact
on the ground.
ii.Â
There is an adequate turnaround area within the layout if the way
is a dead-end street.
iii.Â
The traveled way does not exceed a grade of 8% vertically and
is of such horizontal alignment so as to provide safe visibility.
iv.Â
The traveled way is at least 18 feet in width, with at least eight
inches of compacted gravel if serving not more than two residential
dwellings, and/or paved with at least two inches of bituminous pavement
if serving more than two residential dwellings.
v.Â
That there are adequate provisions for drainage.
vi.Â
That there are adequate provisions for public utilities to service
all proposed lots without cost to the Town.
2.Â
Form
B plans: Preliminary plans submitted pursuant to Section 81-S of the
SCL. These plans follow the same basic procedures as definitive plans
but are normally less formal in nature. They show enough general information
for review as a concept, and receive a nonbinding decision by the
Board. Residential Form B plans are not required but are highly recommended,
especially for larger, complicated proposals. For nonresidential subdivisions
a Form B plan is mandatory. They help to resolve planning and design
issues prior to engineering the definitive plan.
[Amended 11-2-1987]
3.Â
Form
C plans: Definitive plans other than Form A plans submitted pursuant
to Section 81-T of the SCL. These plans are the final plans for a
subdivision which, if approved by the Board, are recorded at the Registry
of Deeds and become the basis for the construction and acceptance
of streets or ways and the creation of lots.
C.Â
Form
A plans: submission requirements and procedures:
1.Â
Form A plans shall be submitted as provided in § III, Subsection A, accompanied by the following:
a.Â
Two completed copies of Form A Approval Not Required application
form which shall include the name and signature of the owner of record
of all of the property shown on the plan which the applicant intends
to be included in the application.
[Amended 3-10-1998]
b.Â
An original drawing not larger than 24 inches by 36 inches on linen
or polyester film, single matte, 0.004 mils thick in conformance with
the requirements of the Registry of Deeds.
c.Â
At least four paper copies of the plan.
2.Â
Following
a determination by the Board or its authorized agent that the plan
meets the requirements of Section 81-P of the SCL and does not require
approval of the Board, a member of the Board or its authorized agent
shall, without a public hearing, endorse upon the plan the words "approval
under the Subdivision Control Law not required" with appropriate name(s)
signed thereto. Such endorsement shall not be withheld unless such
plan shows a subdivision which requires Planning Board approval.
3.Â
If
the Board or its authorized agent determines that the plan requires
Board approval, it shall, within 21 days of the submission of the
Form A application, give written notice of its determination to the
Town Clerk and the applicant. The applicant may then either: (1) submit
the plan for approval as a Form B (Preliminary) or Form C (Definitive)
plan; or (2) appeal the determination of the Board in the manner provided
in Section 81-BB of the SCL.
[Amended 11-2-1987]
4.Â
If the Board or its authorized agent fails to act upon a properly submitted Form A plan or fails to notify the Town Clerk and the applicant of its action within 21 days after its submission, the plan shall be considered constructively approved. The Board or its authorized agent shall forthwith endorse the plan in the manner described in § III, Subsection C, Paragraph 2, above. Upon the Board's failure to do so, the Town Clerk shall issue a certificate to the same effect. Either the plan so endorsed or the unendorsed plan so certified shall be delivered to the applicant.
[Amended 11-2-1987]
5.Â
Responsibility
for recording the endorsed or certified plan at the Registry of Deeds
rests with the applicant.
D.Â
Form
B (Preliminary) plans: submission requirements and procedures:
1.Â
Form B plans shall be submitted to the Board as provided in § III, Subsection A, above and to the Board of Health in the same manner. Form B applications shall be accompanied by the following:
a.Â
Two completed copies of the Form B preliminary plan application form
which shall include the signature of the owner of record of the property
proposed to be subdivided.
[Amended 1-14-1997]
b.Â
Names and addresses of all abutters as determined from the most recent
tax list.
c.Â
At least 12 paper copies of the plan.
d.Â
Any supporting data which may be helpful to the Board in evaluating
the plan.
2.Â
The
preliminary plan shall show:
a.Â
Subdivision name, boundaries, North point, locus plan, date (month/day/year),
scale, legend and title "Preliminary Plan."
b.Â
Names of the record owner and the applicant and the name and address
of the designer, engineer or surveyor.
c.Â
Existing and proposed lines of streets, ways, easements and any public
areas within the subdivision in a general manner.
d.Â
Proposed system of drainage, including adjacent existing natural
waterways, in a general manner.
e.Â
Approximate boundary lines of proposed lots, with approximate areas
and dimensions.
f.Â
Names, approximate location and widths of adjacent streets.
g.Â
The topography of the land in a general manner. "Topography" shall
be defined as the physical features of the site such as contours of
the land, vegetation, rock outcroppings, wetlands, streams, drainage
channels, stone walls and man-made structures.
3.Â
The
applicant shall give written notice to the Town Clerk by delivery
or by certified mail, postage prepaid, that he has submitted a Form
B plan.
4.Â
Following
receipt of a Form B application, the Board's staff shall distribute
copies of the plan to the Board of Health, the Conservation Commission,
the Department of Public Works, the Building Department, the Police
Department and the Fire Department and shall schedule an interdepartmental
review where the applicant shall review the proposal with the staffs
of those Town agencies and departments.
5.Â
The
Board shall review the Form B plan proposal at a public meeting, notice
of which shall be given to the applicant. At the discretion of the
Board, notice may be given to owners of land abutting the land shown
on the preliminary plan.
6.Â
Within
45 days after submission of the Form B plan, the Board shall notify,
by certified mail, the applicant and the Town Clerk either that the
plan has been approved or that the plan has been approved with modifications
suggested by the Board or that the plan has been disapproved. In the
case of disapproval, the Board shall state in detail its reasons for
disapproval.
[Amended 11-2-1987]
7.Â
The
Board's approval of a Form B plan is nonbinding and is intended to
give the applicant conceptual guidance for designing a Form C plan.
8.Â
A
Form B plan shall not be recorded at the Registry of Deeds.
E.Â
Form
C (Definitive) plans: submission requirements and procedures:
1.Â
Preapplication
consultations between an applicant and the professional staff of the
Town are recommended. The following rules apply for preapplication
consultations:
[Amended 1-8-2002]
a.Â
The Town staff will review applications in an attempt to avoid unnecessary
technical deficiencies in the application and promote efficiency in
the formal review and hearing process. Staff may also be requested
to review an application for its thoroughness and completeness; however,
staff will not be responsible for assuring the accuracy, completeness
or thoroughness of any application submitted for review. It is the
responsibility of the applicant to assure that the application to
be submitted to the Board for its review is thorough, complete and
accurate.
3.Â
The
Form C plan shall be accompanied by the following materials:
[Amended 1-11-2011]
a.Â
Two completed copies of the Form C definitive plan application form
which shall include the signature of the owner of record of the property
proposed to be subdivided.
[Amended 1-14-1997]
b.Â
A list of the names and addresses of all abutters as determined from
the most recent tax list. If the development contains land in or abuts
land of a neighboring municipality the applicant shall include a certified
abutters list from the abutting municipality as part of their Form
C application.
c.Â
Twelve complete sets of blue-line or black-line prints of the plan.
d.Â
Twelve copies of reports containing support data as may be required
by the Board under these Rules and Regulations.
4.Â
Plan
C format.
a.Â
The Form C plan shall be drawn in black ink on Mylar sheets not to
exceed 24 inches by 36 inches.
b.Â
The plan shall be sealed by a registered professional engineer in
the field of civil engineering and a registered land surveyor. The
engineer shall certify by notation on the plan that the preparation
and design of the plan and all work shown on the plan is in accordance
with good engineering practices. In addition, the engineer shall certify
that the subdivision complies with all the rules and regulations of
the Andover Planning Board, except as noted.
[Amended 3-26-2001; 1-8-2002]
c.Â
The plan shall be drawn at a scale of one inch equals 40 feet.
d.Â
If multiple sheets are used they shall be accompanied by an index
drawing showing all match lines.
e.Â
A separate drawing of the entire subdivision at a scale of one inch
equals 100 feet shall be provided which shows lot lines, lot numbers,
street lines, street names and easements.
5.Â
Plan C contents.
a.Â
Identification information.
i.Â
A cover sheet shall contain at least the following information:
(a)Â
Subdivision name;
(b)Â
Name and address of record owner;
(c)Â
Name and address of applicant if different than the record owner;
(d)Â
Name and address of the engineer and surveyor;
(e)Â
Total area of the land being subdivided, total area of proposed
lots, total number of proposed lots, total area of proposed streets,
names of proposed streets, total area of wetlands, total area of uplands,
total area of proposed open space (if applicable);
(f)Â
Locus plan drawn at a scale and in detail sufficient for the
Board to locate the proposed subdivision with regard to adjoining
streets and properties;
(g)Â
Notation of one of the following:
1.Â
That all deeds from the owner of the subdivision shall reserve the
fee in all streets or ways shown on the subdivision plan, such fee
to be retained by the developer until conveyed to the Town.
2.Â
That streets shown on the plan are intended to remain as private
ways, with street or lot owners responsible for maintenance costs
and street improvements to Town standards if the street is proposed
for acceptance.
(h)Â
Notation of the registry of deeds recording references (book
and page) for all real property, existing easements, and rights-of-way,
contained within the boundaries of the subdivision, or any of the
same which might be appurtenant but located outside the boundaries
of the subdivision. A copy of the document indicating the applicant's
interest in all of the land, without financial information, contained
within or associated with the subdivision shall be provided. A copy
of the latest deed(s) for all land and property within or associated
with the subdivision shall be provided.
[Added 3-26-2001]
(i)Â
All revised plans shall contain a notation listing and describing
all revisions, additions, and deletions made to the originally submitted
plans.
[Added 3-26-2001]
(j)Â
No land contained within an approved subdivision may be included
within a different subdivision which is submitted to the Board for
approval, until such time as a modification of the approved subdivision
is granted by the Board.
[Added 3-26-2001]
ii.Â
Each subsequent sheet of the plan shall contain the following identification
information:
(a)Â
Subdivision name;
(b)Â
Name and address of applicant;
(c)Â
Name and address of engineer and surveyor;
(d)Â
Date that sheet was drawn, including all revision dates;
(e)Â
North arrow;
(f)Â
Scale;
(g)Â
A signature block to record the action of the Planning Board
(See Appendix D[4] for the required layout);
[4]
Editor's Note: The Typical Title Block is included at the end of this chapter.
(h)Â
A statement as follows:
|
"NO NOTICE OF APPEAL WAS RECEIVED DURING THE 20 DAYS NEXT AFTER
RECEIPT AND RECORDING OF NOTICE FROM THE PLANNING BOARD OF THE APPROVAL
OF THE PLAN.
| |
|
"
| |
|
TOWN CLERK
|
b.Â
Site conditions. The following site conditions shall be shown on
the plan:
i.Â
A separate plan showing proposed lot and street lines and existing
topography at two-foot contour intervals shown as a dashed line with
elevations noted. Areas of existing topography containing slopes in
excess of 25% and areas containing slopes in excess of 35% shall be
shown encompassed within a heavy dashed line and identified as to
the degree of slope identified and the area, in square feet, enclosed.
(See example in Section X.)
[Amended 3-10-1998]
ii.Â
A separate plan showing proposed buildings, driveways, retaining
walls and proposed topography reflecting grading changes at two-foot
contour intervals shown as a solid line with elevations noted.
[Amended 3-10-1998]
iii.Â
Existing topography 50 feet beyond the perimeter of the subdivision
as it appears on the most current Town of Andover topographic mapping.
The Board may require additional and/or updated detail as deemed necessary
to properly evaluate the plan.
[Amended 3-36-2001; 1-11-2011]
iv.Â
Existing structures within the subdivision, and existing topography
at two-foot contour intervals and any structures outside the subdivision
located within 50 feet of the subdivision's perimeter.
[Amended 3-26-2001]
v.Â
Location, name and present width of existing streets and intersections
located within 150 feet of the subdivision.
vi.Â
Existing and proposed location of the base flood elevation if encountered
within the subdivision or if located within 100 feet of the subdivision.
viii.Â
Ponds delineated by perimeter and standing water elevation.
ix.Â
Existing drainage structures on the site or those structures off-site
to which stormwater will be channeled.
x.Â
All natural watercourses, brooks, streams and drainage channels with
direction of flow indicated.
xi.Â
Stone walls, rock ridges, ledge outcroppings and significant eskers.
xii.Â
The general outline of wooded areas, significant mature trees
or tree clusters.
xiii.Â
The extent of vegetation removal shall be shown on the plans.
[Added 3-26-2001]
xiv.Â
The applicant must provide information relating to dwelling
size, type, location and population for the purposes of the Board's
analysis of drainage, stormwater, sanitary and sewer systems and the
water system.
[Added 3-26-2001]
c.Â
Test data. The following test data shall be submitted:
i.Â
The plan shall show, with a reference key, the location of deep hole
and percolation tests on each lot. Deep hole and percolation tests
shall be required on all lots where on-site sewage disposal systems
are proposed and may be required on other lots if conditions warrant.
ii.Â
Results of all deep hole and percolation tests (whether passed or failed) shall be presented as an accompanying document, using the reference key referred to in Subsection E, Paragraph 4c(i), above.
iii.Â
Soil borings or test pits shall be made at locations and to
depths determined by the Department of Public Works or the Board along
all proposed roadways. The Department of Public Works shall view the
open pits. Samples and boring logs shall be submitted to the Department
of Public Works showing the character of all materials found and the
water table measurements. A reference key shall be provided on the
plan showing boring and test sites and shall be used for the sample
and boring logs.
d.Â
Proposed layout. The following information describing the proposed
subdivision's layout shall be provided:
i.Â
Existing and proposed lines of streets, ways, lots, easements and
indication of purpose of easements and public or common areas within
the subdivision. Minimum yard depth requirements as required by the
Andover Zoning By-Law[6] shall be shown on each proposed lot as a fine dashed line
and marked "setback line."
[6]
Editor's Note: See Art. VIII, Zoning.
ii.Â
Proposed structures on lots, the configuration of such structures
and all proposed grading associated with such structures.
iii.Â
Sufficient data, consisting of bearings and distances, to determine
the location, direction and length of every street and way line, lot
line and boundary line, and to establish these lines on the ground.
Bearings shall be shown to seconds and distances to hundredths of
a foot.
iv.Â
Location of all permanent monuments, existing or proposed, properly
identified as to type. Existing bounds are to be identified by solid
square, proposed bounds by hollow square. Lot corners shall be shown
and described as to type of monument to be placed.
v.Â
Proposed layout of storm drainage, water supply and sewage disposal
systems. The storm drainage and sewage disposal systems in the street
are to be shown on the profiles with invert grades marked at changes
in grade.
vi.Â
Profiles for all off-street drainage systems (piped or above ground)
and off-street sewer lines shall be shown with all elevations at inverts
and changes in grade.
vii.Â
Design proof (stormwater runoff
and drainage calculations) shall be submitted showing at least the
following:
(1)Â
Predevelopment and post-development runoff and drainage flows
for the entire site.
(2)Â
Drainage flows and patterns for the drainage basin in which
the development is located.
(3)Â
Capacities for all affected existing natural drainageways and
man-made drainage structures.
(4)Â
Anticipated peak flows for affected existing natural and man-made
drainageways or structures.
viii.Â
Existing center-line profile is to be shown for all proposed
streets as a fine full line. Existing center-line profile for existing
intersecting streets is to be shown for at least 100 feet each side
of the intersection of street center lines. Existing right side line
shall be shown as a dashed black line, left side line as black dots.
Elevations shall be based on Environmental Science Services Administration
bench marks if such exist within 1,000 feet of the subdivision. Finished,
designed center-line profile is to be shown as a heavy full line,
with elevations shown every 50 feet (25 feet on vertical curves).
Scale is to be one inch equals 40 feet horizontal, one inch equals
four feet vertical, or other scales if previously approved by the
Board.
ix.Â
Gutter lines shall be shown for all intersections and turnarounds.
x.Â
Cross sections of the street and adjacent land shall be provided
at locations, if any, where unusual topographic conditions or relation
of street to topography make understanding of visibility and drainage
difficult. Such locations shall be designated by the Department of
Public Works in its review of the Form C plan.
xi.Â
Where connection to the Andover sewer system is not proposed, certification
must be furnished by the Board of Health that all submittals required
by that body have been made.
xii.Â
Where connection to the Andover sewer system is proposed, the conditions set forth in § VII, Subsection G, of these regulations shall apply.
xiii.Â
The roadway center line shall be conspicuously marked upon the
ground by stakes or flagging sufficient in number to orient the Board
or its staff while making an on-site inspection. These markings shall
be clearly indicated on the plan as to location and type.
xiv.Â
A planting or landscaping schedule shall be required where deemed
necessary by the Board for buffering or for adding to the amenity
of the subdivision.
e.Â
Soil erosion and sedimentation control plan. A soil erosion and sedimentation
control plan shall be provided at the time of definitive plan submission.
The plan shall be prepared and signed by a person or firm qualified
by training and experience to have expert knowledge of erosion and
sedimentation control methods.
i.Â
The plan shall consist
of three parts:
(a)Â
A narrative intended to summarize for the plan reviewer the
project aspects important for erosion control. At a minimum, the narrative
shall contain:
(i)Â
A brief description of the proposed land-disturbing activities, existing
site conditions and adjacent areas (such as streams, wetlands and
buildings) that might be affected by the land disturbance;
(ii)Â
A description of critical areas on the site (areas that have potential
for serious erosion problems);
(iii)Â
The expected length of time of destabilization;
(iv)Â
A brief description of the measures that will be used to control
erosion and sediment on the site, including both temporary and permanent
measures. The plan should specify contingency actions to winterize
the site if construction should fall behind schedule;
(v)Â
A maintenance program, with provisions for frequency of inspection,
reseeding of vegetated areas, repair or reconstruction of damaged
structures, cleanout method and frequency, disposal of waste materials
and disposition of control measures after they have served their purpose.
(b)Â
A separate map at the same scale as the Form C plan, and using
the standard symbols contained in the appendix of these rules and
regulations. This map shall show:
(i)Â
Existing site contours at an interval sufficient for distinguishing
runoff patterns before and after disturbance;
(ii)Â
Limits of clearing and grading;
(iii)Â
Proposed final contours;
(iv)Â
Location of the project relative to highways, municipalities, major
streams or other identifiable landmarks (locus map);
(v)Â
Existing vegetation (grassy areas, major groups of trees and unique
species);
(vi)Â
Surface extent of each soil type and relative erodibility as determined
by the United States Department of Agriculture, Soils Conservation
Service Soil Survey;
(vii)Â
Critical areas within or near the project area, such as streams,
lakes, wetlands or major drainageways;
(viii)Â
Location and types of both temporary and permanent control measures;
(ix)Â
Dimensional details of facilities.
(c)Â
Details including:
ii.Â
The following documents may be used or referred to in the preparation
of the soil erosion and sedimentation control plan:
(a)Â
Guidelines for Soil and Water Conservation by the United States
Department of Agriculture Soil Conservation Service.
(b)Â
Manual of Standards for Erosion and Sediment Control Measures,
by the Association of Bay Area Governments.
(c)Â
Soil Survey of Essex County, Massachusetts, by United States
Department of Agriculture Soil Conservation Service.
(d)Â
Urban Hydrology for Small Watersheds, Technical Report 55, by
United States Department of Agriculture Soil Conservation Service.
F.Â
Processing
the Form C (Definitive) plan.
1.Â
Interdepartmental
review (IDR). Following a complete submission of a Form C plan, the
Board's staff will distribute copies to those Town departments or
agencies deemed to have an interest in the proposal and shall schedule
an interdepartmental review of the plan of which the applicant will
be notified as to time and place.
2.Â
Board
of Health review.
a.Â
Within 45 days of the plan's submission, the Board of Health or its
officer shall file a report to the Board, in writing, stating approval
or disapproval of said plan.
b.Â
In the event of disapproval, the Board of Health shall make specific
findings as to which, if any, areas shown on such plan cannot be used
for building sites without injury to public health, and shall include
such specific findings and reasons therefor in the report. Where possible,
the Board of Health shall make recommendations for the adjustments
thereof.
c.Â
A copy of the Board of Health report shall also be submitted to the
applicant.
d.Â
Failure of the Board of Health to report shall be deemed constructive
approval by the Board of Health.
e.Â
When the Form C plan shows that no public or community sewer is to
be installed to serve any lot thereon, approval by the Board of Health
or its officer shall neither be deemed as an application for a permit
nor deemed as approval of a permit for the construction and/or use
of an individual sewage system on any lot within the subdivision.
3.Â
Conservation
Commission review. The Board strongly recommends that applicants seeking
Form C plan approval for land subject to the authority of Massachusetts
General Laws Chapter 131, Sections 40 and 40A (Massachusetts Wetlands
Protection Act), schedule their filing of a request for determination
or notice of intent so that the Conservation Commission's decision
will be available to the Board prior to the Board's vote on the subdivision
plan.
4.Â
Impact
studies. The Board may in its discretion require that studies be made
which will assist it in analyzing the impact of the proposed subdivision
on the surrounding area and on the town in general. The scope of such
studies shall be defined by the Board. These studies shall be at the
expense of the applicant and shall include, but not be limited to,
traffic safety, drainage, soils, geotechnical and hydrogeological.
5.Â
Planning
Board public hearing.
a.Â
A public hearing shall be scheduled by the Board in accordance with
SCL, Section 81-T.
b.Â
Notice of the time and place of the public hearing and of the subject
matter, sufficient for identification, shall be given by the Board
at the expense of the applicant by advertisement in a newspaper of
local general circulation once in each of two successive weeks, the
first publication being not less than 14 days before the date of the
public hearing. Notice of the public hearing shall also be mailed
to the applicant and to all owners of land abutting upon the land
included in such plan as appearing on the most recent tax list.
6.Â
Approval,
extension, withdrawal or disapproval of the Form C plan.
a.Â
The following review periods shall be observed by the Board for final
action: Where a residential Form B plan has not been submitted, action
shall be taken within 135 days of submission of a Form C plan; where
a residential Form B plan has been submitted, action shall be taken
within 90 days of submission of a Form C plan; for a nonresidential
Form C plan, action shall be taken within 90 days of submission. The
action of the Board shall be based upon its review of the Form C plan
submitted to it pursuant to § III.A of these rules and regulations,
and such action shall be one of the following:
[Amended 11-2-1987; 3-10-1998]
i.Â
Approval: The Board shall vote to approve the Form C plan if it finds
the plan in conformance with the SCL, the rules and regulations of
the Board and the recommendations of the Board of Health or its officer.
ii.Â
Approval with conditions: The Board may vote to approve the Form
C plan subject to conditions based upon the recommendations of the
Board of Health or its officer or other reasonable conditions imposed
by the Board. (See § V of these Rules and Regulations.)
iii.Â
Extension: The Board may vote, upon the applicant's written
request, to extend the sixty-day deadline for final action. Such extensions
shall normally be granted for a thirty-day period when additional
support data is deemed necessary. Notice of such extension of time
shall be filed by the Board with the Town Clerk.
iv.Â
Withdrawal without prejudice: The Board may vote, upon the applicant's
written request, to allow the plan to be withdrawn without prejudice
when, in the opinion of the Board, significant design revisions are
proposed by the applicant, or are needed, or major amounts of additional
data are required. The per-lot filing fee may be waived by the Board
if the plan is resubmitted within the next 60 days following withdrawal,
or any additional time approved by the Board for good reason.
v.Â
Disapproval: The Board shall vote to disapprove the Form C plan if
such plan does not comply with the SCL or the rules or regulations
of the Board or the recommendations of the Board of Health or its
officer. In the event of disapproval, the Board shall state, in detail,
wherein the plan does not conform to the rules and regulations of
the Board or the recommendations of the Board of Health or its officer.
b.Â
If the report of the Board of Health or its officer shall so require,
the approval by the Board shall be on condition that no building or
structure shall be built or placed upon the areas designated without
consent by such Board of Health or officer. In the event that approval
by the Board of Health or its officer is by failure to make a report
(i.e., constructive approval), the Board shall make a notation on
the plan that Health approval is by failure to report.
c.Â
The Board shall file a certificate of its action with the Town Clerk
and shall send notice of such action by registered mail, postage prepaid,
to the applicant at his address stated on the application.
d.Â
Failure of the Board either to take final action or to file with the Town Clerk a certificate of such action regarding a plan submitted by an applicant within the times prescribed in § III, Subsection F, Paragraph 6a, of these regulations, or such further time as may be agreed upon at the written request of the applicant, shall be deemed constructive approval thereof.
[Amended 11-2-1987]
G.Â
Recording
the Form C plan. While such recording shall be the responsibility
solely of the applicant, the Board reserves the right to record all
approved Form C plans and legal instruments pertaining thereto, with
the exception of Land Court plans. Checks for Registry fees shall
be forwarded to the Board's office upon request.
H.Â
Modification,
amendment or rescission.
1.Â
Power
to modify, amend or rescind.
a.Â
The Board, on its own motion or on the petition of any persons interested,
shall have the power to modify, amend or rescind its approval of a
Form C plan, or to require a change in a Form C plan as a condition
of its retaining the status of an approved plan.
b.Â
All of the provisions of the SCL and these rules and regulations
relating to the submission and approval of a Form C plan shall, so
far as apt, be applicable to the approval of the modification, amendment
or rescission of such approval and to a plan which has been changed
under this section.
2.Â
Consent
of owner.
a.Â
If individual lots within the subdivision which have been sold or
mortgaged in good faith subsequent to the approval of the Form C plan
shall be affected by the modification, amendment or rescission of
the approval of the plan or by changes in the plan, then the owner
and mortgage holder (if any) of each affected lot must consent to
the modification, amendment, rescission or action to change voted
upon by the Board.
b.Â
Consent of the owner shall not be required in cases where there has
been a sale to a single grantee of either the entire parcel of land
shown on the subdivision plan or of all the lots not previously released
by the Planning Board.
I.Â
Unapproved
subdivision prohibited. No subdivision of any land, or sale of lots
in a subdivision, or construction of streets or installation of municipal
utilities therein shall be permitted unless and until a definitive
plan of such subdivision has been submitted to and approved by the
Board under the provisions of these regulations.
[Added 1-8-2002]
A.Â
Requirement
for posting. Pursuant to SCL Section 81-U, before endorsement of the
Board's approval of a Form C plan, the applicant shall secure the
construction of ways and installation of municipal services in an
amount sufficient to cover the cost of all or any agreed upon portion
of such construction and installation and of the subdivision improvements
specified in § VII of these regulations or as may be shown
on the Form C plan.
1.Â
The
amount of the performance guaranty shall be established by the Board
in a sum sufficient to cover the cost of construction of the required
subdivision improvements and the cost of legal and engineering work
necessary for street acceptance. The amount shall be adjusted to include
a reasonable inflation factor as shown in the latest Engineering News-Record
Construction Cost Index with a minimum 10% for a two-year guaranty.
2.Â
The performance guaranty shall be in the form of a passbook account established in the name of the applicant, or the developer, and the Town of Andover, titled "Trust Account," from which withdrawals shall not be allowed without the approval of the Board. The passbook, together with a signed withdrawal slip, shall be delivered to the Board within 30 days of approval of the amount by the Board. (See § IV, Subsection B, Paragraph 2.)
[Amended 3-10-1998]
3.Â
Guaranties
for terms longer than two years shall not be established except under
extenuating circumstances which shall be demonstrated to the Board
by the applicant.
4.Â
The
Board may approve a plan without establishment of a passbook account
guaranty, if, but only if, the applicant records and provides the
Board with a certified copy of such recording, a covenant by the owner
of record of the land, running with the land, whereby such ways and
services and improvements shall be provided to serve any lot before
such lot may be built upon or conveyed, other than by mortgage deed.
B.Â
Performance
guaranty procedure. The applicant shall request, in writing to the
Board, the establishment of a performance guaranty amount for any
or all of the required subdivision improvements, including ways and
municipal services, shown on the Form C plan. The applicant shall
specify the time period in which he intends to have completed all
such subdivision improvements. Completion shall include all physical
construction of such subdivision improvements and those legal and
engineering documents needed for acceptance of streets, utilities
and any open spaces by the Town. (See § VIII, Street acceptance
procedures, below.)
1.Â
The Department of Public Works shall compute the amount he estimates to be required to complete such subdivision improvements shown on the plan. This amount shall be adjusted to include a reasonable inflation factor under § IV, Subsection A, Paragraph 1, above and such fees deemed by the Board to be sufficient to cover legal fees and engineering fees necessary to have streets accepted by the Town. In no case shall these legal and engineering fees be less than $200 per lot in the subdivision.
2.Â
The
Board shall consider approval of the figure submitted by the Department
of Public Works at a public meeting. If approved by majority vote,
the Board shall notify the developer of the term of the performance
guaranty (not to exceed two years) and the amount, which shall be
a valid figure for a period of 30 days.
C.Â
Release
of performance guaranties. From time to time the applicant may make
a written request to the Board for release from the performance guaranty
such funds as may have been expended for construction of the required
subdivision improvements.
1.Â
Such
request shall be given to the Department of Public Works. The Department
of Public Works shall investigate and shall provide the Board with
a written report describing work satisfactorily completed and recommending
the amount eligible for such release, based on the dollar value of
the satisfactorily completed construction.
2.Â
Requests
for release of a portion of the guaranty amount may be granted following
the Board's determination that remaining funds are sufficient to cover
completion of the remaining required subdivision improvement work
at labor and material costs prevalent at the time of the request and
an inflation factor.
3.Â
Within
45 days of a request for release of the whole balance of a performance
guaranty, and following a report by the Department of Public Works
that all required subdivision improvements have been completed satisfactorily,
the Board may release a performance guaranty except for 10% of the
full amount of the original guaranty, which shall be held until the
streets have been accepted by the Town. If the Department of Public
Works reports that not all required subdivision improvements have
been completed satisfactorily, the Board shall, prior to the expiration
of said 45 days, send notification of outstanding defects by registered
mail to the developer with a copy to the Town Clerk.
4.Â
Owners
of record of all lots within a subdivision for which release of all
performance guaranty moneys is requested shall be given timely notice
prior to the meeting at which the Board shall vote on such release.
D.Â
Termination
of performance guaranty. During the final month of the term of a performance
guaranty, the applicant shall give notice, in writing, to the Board
that the required subdivision improvements have been completed or
have not been completed, and, if not completed, shall state why the
performance guaranty should not be taken in default; or, alternatively,
the applicant shall request an extension of the term.
1.Â
If
an extension of the term of the performance guaranty is requested,
the Board shall ask the Department of Public Works to report as to
the sufficiency or insufficiency of the remaining moneys to cover
the projected cost to complete the required subdivision improvements.
If found to be insufficient, the Department of Public Works shall
state the amount required to cover the completion of the required
subdivision improvements. Upon the Board's approval of that amount
or such other amount as the Board may establish, the applicant shall
deposit with his performance guaranty, within 30 days of the Board's
approval, the amount so determined, which shall be subject to all
the obligations of a performance guaranty hereunder.
2.Â
In
the event the Board declares an applicant in default of the conditions
of his performance guaranty, the Board, following proper notice and
a public hearing, shall use the balance of the funds remaining in
such performance guaranty to complete the work necessary to have the
required subdivision improvements installed and accepted by the Town.
Such balance shall be placed in an interest-bearing account in the
name of the Town of Andover.
a.Â
The Department of Public Works shall be responsible for the completion
of the improvements by the use of current bid prices for materials,
materials installed, labor and equipment rental, negotiation for professional
services and securing of new bids.
b.Â
Such work shall be paid for from the defaulted balance deposited
as aforesaid following presentation to the Board and its approval
of invoices, receipts and reports from the Department of Public Works
regarding the work.
c.Â
The cost of completing the engineering and legal documents required
for the Town's acceptance of the subdivision improvements and open
space shall also be paid for from these funds.
d.Â
Funds remaining following acceptance of the streets by the Town shall
be returned to the applicant along with any interest accrued thereon,
for which the applicant shall provide a written receipt.
A.Â
General.
This section describes how conditions may be attached to the Board's
approval of a Form C plan and the types and terms of releases of those
conditions.
B.Â
Establishment
of conditions.
1.Â
In
the interest of orderly development of the Town of Andover and of
preserving the health, safety and welfare of its inhabitants, the
Board may attach or impose reasonable conditions to its approval of
a Form C plan.
2.Â
These
conditions of approval will normally address but need not be limited
to such matters as: plan recording, subdivision improvements, performance
guaranties, construction scheduling, grading, earth movement, wetlands,
construction standards, erosion and sedimentation control, stabilization
of slopes and soil surfaces, drainage, location of stump dumps, protection
of open space, street acceptance procedures, and compliance with the
SCL and with particular federal or state statutes and local bylaws
deemed relevant by the Board.
3.Â
Conditions,
if any, imposed by the Board shall accompany the Board's approval
endorsement upon a Form C plan, either upon the plan itself or by
separate schedule attached, the existence of which schedule of conditions
shall be noted on the face of the plan and be deemed an integral part
of the plan as approved.
4.Â
Where
streets or ways are not otherwise deemed adequate, the Board may impose
conditions limiting the lots upon which buildings may be erected,
and the number of buildings that may be erected on particular lots
and the length of time for which particular buildings may be maintained
without further consent by the Board to the access provided.
[Added 11-2-1987]
5.Â
The following conditions will apply
to and be imposed on all definitive subdivision plans:
[Added 3-26-2001]
a.Â
The "subdivision" shall be defined as all features depicted on the
plans submitted to and approved by the Board; the "developer" or "subdivider"
shall be defined as the applicant and its assigns or successors in
title to the subdivision, and all contractors and subcontractors under
control of or in service to the developer or subdivider; the site
shall be defined as all property within the boundaries of the subdivision
plan, and any features or work outside and appurtenant to the subdivision
plan.
b.Â
Except as otherwise provided for in the conditions imposed by the
Board, the construction of the subdivision and all activities associated
therewith shall be in conformance and compliance with the information,
details, notations, grading and features shown on the plans submitted
to and approved by the Board. (The plans will be listed and described
by sheet number, title and date.)
c.Â
All final grading shown on the plans shall be subject to the provisions
of the Board's Rules and Regulations Governing the Subdivision of
Land.
d.Â
Prior to any construction activities associated with the roadways,
utility easements, and detention areas, the Limit of Work as shown
on the plans shall be established on the ground in the form of silt
fence, staked haybales, or other approved method, and the installation
thereof shall be certified to the Board by the developer's engineer.
e.Â
The lot and street layout sheets of the plan which shall be submitted
to the Planning Division within 30 days after the twenty-day appeal
period, and an instrument containing the conditions imposed by the
Board, shall be recorded at the North Essex Registry of Deeds pursuant
to the requirements of the Board's rules and regulations.
[Amended 1-11-2011]
f.Â
The developer shall, pursuant to statute, have 20 days following
the approval action of the Andover Planning Board to file an appeal
of said action and, in the absence of an appeal, shall be deemed to
have accepted said action and all conditions imposed on the plan by
the Board.
g.Â
Within five days of the transfer of ownership of the subdivision,
in whole or in part, the developer shall notify the Planning Department
of the name and address of the new owner(s). The developer shall provide
the new owner(s) with a copy of the conditions imposed by the Board.
h.Â
No permits for building may be issued by the Inspector of Buildings for any lot within the subdivision unless and until the provisions of § V, Subsection E (Clearance certificates), of the Rules and Regulations of the Board have been satisfied. Once a building permit has been issued for any particular lot, this condition will be deemed to have been complied with and considered released for that lot.
i.Â
Prior to construction activity of any kind within the subdivision,
the developer shall submit to the Planning Department a proposed construction
sequence schedule in a form provided by the Department, said schedule
to be used as a guide to activities within the development, including
construction of roadways, utilities, drainage systems, stabilization,
earth movement and stockpiling. This schedule, once established, shall
not be deviated from, but may, for good and demonstrated reason, be
modified by agreement between the developer and the Board through
the Planning Department.
j.Â
Prior to introduction of construction equipment onto the site, a
meeting shall be conducted between the developer, the developer's
contractors, and the Planning Department, as well as the Conservation
Department, and Department of Public Works for the purpose of reviewing
these conditions and the construction sequence schedule.
k.Â
Construction equipment or materials shall not be parked, stored,
or placed within 25 feet of any drainage channel or wetland area,
nor in any cul-de-sac island. Repairs and maintenance to equipment
shall be conducted in areas where no spills or leakage of fuels or
other fluids could pose a pollution hazard.
l.Â
Earth disturbed by construction activities associated with the subdivision
roadway or easements, such as tree cutting, stump grubbing, cutting,
filling and regrading, shall be appropriately stabilized by methods
determined by the Board through the Planning Department within 60
days of such disturbance unless otherwise approved by the Board.
m.Â
No building lot shall remain in an open condition longer than 60
days. "Open" shall be defined as that period of time between initial
preparation of the lot for building (clearing of trees, stripping
of topsoil), and the time that the foundation has been installed,
backfilled, and the rough grading has been established and stabilized
by use of temporary seeding, mulching, or netting. This restriction
shall remain in force until the lot has been properly stabilized and
shall survive changes in ownership of the lot.
n.Â
Stockpiles of earth materials shall not be permitted in any area
that necessitates removal of trees for such purpose, nor within 50
feet of any wetland boundary, drainage channel, or watercourse. Stockpile
areas shall be designated on a plan, which shall be submitted to the
Planning Department, said areas to be determined by the developer
and approved by the Planning Department. Stockpiles shall be prohibited
in areas which have not been approved by the Planning Department.
o.Â
Long-term (more than 60 days) stockpiles of earth materials shall
be shaped and secured by butted haybales around the perimeter and
shall be promptly stabilized by temporary seeding or netting.
p.Â
Burial or burning of vegetation, stumps, or construction debris is
strictly where within the subdivision. Such materials shall be removed
and properly disposed of off the site.
q.Â
Construction activities associated with the subdivision, including
equipment startups, site preparation, excavation, demolition, movement
of earth materials (grading, excavation, hauling and filling), paving,
installation of utilities and drainage facilities, but exclusive of
actual erection of structures, shall be conducted between the hours
of 7:00 a.m. and 6:00 p.m., Monday through Friday. The Planning Board,
upon written request from the developer, may consider allowing the
foregoing construction activities on Saturday. Such request shall
be considered at a public meeting, of which the developer and the
abutters shall be given notice, and, if allowed, may be subject to
such conditions as the Board may deem appropriate and reasonable to
ensure peace and quiet in the adjacent neighborhood.
r.Â
Side underdrains shall be installed on both sides of the street(s),
except in fill sections, and shall be connected in an approved manner
to the surface drainage system.
s.Â
As field conditions warrant, berms of type and design specified by
the Department of Public Works shall be installed in locations determined
by the written decision of the Director of Public Works.
t.Â
Once paved, the street(s) shall be kept clear and passable at all
times. No equipment shall be parked in such a manner as to render
a street impassable, and no refuse containers, trailers, or construction
materials of any kind shall be placed or stored on the surface of
a street nor within any cul-de-sac island.
u.Â
Construction activities within and associated with the subdivision
shall be conducted in a workmanlike manner at all times. The term
"workmanlike" is defined as being characteristic of or befitting a
skilled workman or craftsman. Windblown dust or debris shall be controlled
by the developer through stabilization, wetting down, and proper storage
and disposal methods. This condition shall be applied and enforced
against individual lots within the subdivision as well as the subdivision
in its entirety.
v.Â
Prior to the conveyance of individual lots within the subdivision,
the developer shall provide the Planning Department with a surveyor's
certification that temporary lot corners have been established on
the ground for the lot to be conveyed. Once established, maintenance
of these temporary corners shall be the responsibility of the lot
owner. Upon completion of the street and prior to the Selectmen's
layout, the developer shall provide the Planning Department with a
surveyor's certification that all bounds and corners have been set
in accordance with the rules and regulations of the Board.
w.Â
Immediately following the installation of water lines, the developer
shall prepare a plan pursuant to the Rules and Regulations of the
Board showing the location of all service connections to the building
lots. No clearance certificate for any lot may be issued until said
plan has been submitted to the Department of Public Works and notification
of receipt of the plan transmitted to the Planning Department.
x.Â
Yard sprinklers or other privately owned underground devices shall
not be installed within any street right-of-way, nor shall private
recreational features such as basketball hoops or skate ramps or platforms
be allowed within any street right-of-way or any cul-de-sac. Except
as applicable under these rules and regulations to cul-de-sac islands,
landscaping within the street right-of-way in the form of grass, flowers,
and small shrubbery is permitted at the risk of the lot owner, provided
that such landscaping does not interfere with the use or safety of
the street.
y.Â
Except as may be waived, the subdivision shall be constructed in
accordance with and subject to all applicable provisions of the Rules
and Regulations of the Board. The approval and these conditions shall
be enforced under the provisions of said Rules and Regulations.
z.Â
The developer shall be responsible for proper maintenance and operation
of the drainage systems and detention areas shown on the plan until
such time as the streets have been accepted by the Town or the last
lot in the subdivision has been sold, whichever is the earlier; whereupon
the detention areas, inlets and outlets shall be maintained by a homeowners'
association (HOA) established by the developer to which each lot in
the subdivision is subject and whereby all lot owners will be responsible
to pay for the maintenance, repair and replacement of said drainage
features. The Town shall be provided with an easement to maintain
and repair said features if necessary, but all costs associated with
such maintenance or repairs shall be the responsibility of the HOA
and all lot owners by virtue of their interest in said HOA. No clearance
certificate shall be issued for any lot in the subdivision until such
time as all documents for the HOA have been approved by the Planning
Board and recorded, and the account referred to in Subsection aa below
has been established in the manner prescribed by the Town.
aa.Â
Prior to any construction activities in or associated with the subdivision,
all documents pertaining to the maintenance of the detention areas
shall be submitted to the Planning Department and shall be reviewed
by Town Counsel and the Department of Public Works before being submitted
to the Planning Board for approval prior to recording at the Registry
of Deeds. These documents or covenants shall provide for private maintenance
and upkeep of the stormwater drainage facility; shall provide the
establishment of an account in which a sum of money determined by
the Department of Public Works to be sufficient for such purpose shall
be deposited and kept for the maintenance, repair and/or restoration
of the detention areas and appurtenances. The documents shall provide
for the terms and method of assessments; shall provide for the method
of drawing on such funds; shall restrict any alteration of or encroachment
into the detention areas; shall indemnify the Town from any responsibility
or liability for maintenance and operation of those areas and facilities;
and shall further provide that the Town will be reimbursed for any
expenses incurred in the event the Town is required to perform any
work in or on any detention area in order to ensure its proper operation
and functioning; and in the latter event the Town shall have the right
to employ and enforce any procedure allowed to it under law in order
to secure such reimbursement.
bb.Â
All deeds to building lots shown on the plan shall reserve the fee
and/or interest in the streets and/or easements, said fee and/or interest
(except as may be provided for under Subsections z and aa above) to
be conveyed to the Town at the time of street acceptance.
cc.Â
Any blasting operations or activities associated with the subdivision
shall require proper permits and shall be undertaken in accordance
with all applicable local and state regulations. Blasting may not
be undertaken on any weekend or holiday.
dd.Â
Hauling of earth materials and heavy equipment associated with the
subdivision is restricted to the time period between the last morning
pick-up of school children and the first afternoon drop-off, as determined
by the School Transportation Coordinator. It shall be the developer's
responsibility to inform all contractors, subcontractors, vendors,
and workmen of this restriction, which shall be enforced pursuant
to the Board's Rules and Regulations.
ee.Â
Earth materials associated with the construction of a subdivision
may not be transported to or removed from the site without the applicant
having first secured approval for such activities from the Board.
Such transport shall be in accordance with a schedule, in a form provided
by the Board, which shall include the volume of material, number of
truckloads, anticipated hours and dates of hauling activities and
hauling routes to and from the subdivision. The developer shall be
responsible for ensuring that the public ways are kept free and clear
of dirt and debris associated with hauling activities.
ff.Â
Prior to issuance of any clearance certificates for any lots within
the subdivision, the developer shall have established a segregated
account which shall be used to secure proper stabilization and removal
of all erosion controls prior to completion of the subdivision. Said
account shall be established in an amount recommended by the Town
Engineer, approved by the Planning Board, and secured in manner and
form approved by the Board. This account, once established, will be
used to ensure that all unnecessary erosion controls are promptly
removed upon receipt of certificate of compliance from the Conservation
Commission. The Planning Department and the Conservation Commission
will coordinate times and dates in which the erosion controls can
be removed. Upon removal of all erosion controls, the account may
be released in full.
gg.Â
All work in Town ways associated with the subdivision shall be conducted
in accordance with all required approvals and permits from the Town.
The developer shall be responsible for all police details associated
with said work.
hh.Â
The drainage areas, inlets, outlets and all associated piping shown
on the plans shall be fully constructed, stabilized and operational
prior to pavement of the streets and development of any house lot.
ii.Â
The subdivision is limited to the number of building lots shown on
the plan approved by the Board. Any further division of lots or property
in the subdivision for building purposes is prohibited unless and
until a modification of this approval has been granted by the Planning
Board pursuant to MGL c. 41, § 81W.
jj.Â
Prior to the recording of the definitive plan at the Registry of
Deeds, the developer shall provide the Planning Department with a
municipal lien certificate indicating that all taxes, assessments
and charges have been paid in full as required by MGL, c. 60, § 23.
C.Â
Recording
the conditions. Following expiration of the twenty-day appeal period
following approval of the plan, the Board, at its discretion, cause
the plan and the schedule containing the conditions of approval to
be recorded at the Registry of Deeds. Thereupon the conditions shall
be known and referred to as "restrictions."
D.Â
Partial
release of conditions. Upon the delivery of the performance guaranty
required under § IV to the Board, the Board may provide
an instrument allowing for the conveyance, sale or transfer of lots
shown on the plan. Thereafter, the Board may provide instruments for
partial releases of restrictions, meaning those restrictions which
have been complied with or are not applicable to any given lot, for
which a fee of $25 shall be charged.
[Amended 6-28-1994]
E.Â
Clearance
certificates. Prior to the issuance of any building permits by the
Inspector of Buildings for any lot created under these Rules and Regulations,
the following conditions shall have been met:
[Added 11-2-1987]
1.Â
The
Andover Board of Health or its agent shall have approved either connection
to the municipal sanitary sewer or the installation of an on-site
sewage disposal system.
2.Â
The
Andover Department of Public Works shall certify that properly installed
water service appurtenant to the lots and adequate under standards
generally applied in Andover has been installed and approved.
3.Â
The
construction of roads or ways shown on the subdivision plan shall
be completed at least through binder pavement course and in compliance
with these rules and regulations.
4.Â
A
clearance certificate shall have been filled out by the applicant
for such building permit and shall have been approved by the agent
of the Board and the agent of the Andover Conservation Commission.
5.Â
Street
signs shall be installed prior to the issuance of any clearance certificate
for any lot within the subdivision.
[Added 3-10-1998]
6.Â
No
clearance certificate may be issued for any lot within the subdivision
until a report has been received from the Department of Public Works
indicating that all requirements described under § VII,
Subsection W, have been satisfied.
[Added 3-26-2001]
7.Â
No
clearance certificate may be issued for any lot within the subdivision
until a performance guarantee has been secured pursuant to the Board's
rules and regulations.
[Added 3-26-2001]
F.Â
Minor
amendments to conditions. Minor amendments or changes to conditions
of approval or restrictions may be made but only upon the following
circumstances:
1.Â
Field
conditions may warrant minor changes which may be allowed by the Board
when in its staff's opinion such change will not substantially detract
from the intent of the condition or restriction. Such a change shall
be reviewed and approved by the Board at the next regularly scheduled
meeting.
G.Â
Substantial
modification or amendment of an approved subdivision plan or its conditions.
Any modification or amendment of an approved subdivision plan or its
conditions which is not minor shall be made only pursuant to MGL c.
41, § 81-W, and shall be subject to the submission, notice,
hearing, and approval requirements of Chapter 41 and the rules and
regulations of the Board.
[Amended 1-8-2002]
H.Â
Failure
to comply with conditions. Failure on the part of the applicant, his
agent or contractor to comply with any condition or restriction established
by the Board in regard to a Form C plan shall be dealt with in the
following manner:
1.Â
The
Board, through its staff, shall have the authority to enforce the
conditions of the Board's approval of the plan.
2.Â
Infractions
deemed by the Board or its staff minor in nature shall result in the
applicant being notified of such infraction and directed to take corrective
action.
3.Â
Repeated
infractions or infractions deemed by the Board or its staff to be
major or having a direct impact on health, safety and welfare or upon
the integrity of the rules and regulations of the Board shall result
in an immediate stop-work order being issued at the project site by
the authorized staff or agent and notification by certified mail of
such action to the applicant.
4.Â
A
stop-work order with certified notice of action shall require the
applicant and the agent who issued said order to appear before the
Board at a public meeting for a determination of facts and subsequent
action by the Board to secure health, safety and welfare and compliance
with these rules and regulations.
I.Â
Final
release of conditions. Upon acceptance of the subdivision streets
by the Town, the Board may release all restrictions not previously
released by execution of a formal document, in recordable form, except
such as are on their face intended to survive acceptance of subdivision
streets.
A.Â
General.
1.Â
The
standards contained in these rules and regulations shall be applied
by the Planning Board in evaluating proposed subdivisions and shall
be considered minimum standards. The Planning Board may, where deemed
necessary, require more stringent standards through conditions of
approval.
2.Â
New
subdivisions shall in all cases be designed so that, in the opinion
of the Board, compatibility with existing neighborhoods is achieved
and the maximum amenities within the new development are created.
3.Â
Natural
features such as mature vegetation, watercourses, eskers, scenic points,
historic spots and similar community assets shall in all cases be
protected and preserved when, in the opinion of the Board, such protection
and preservation would be in the interest of the community.
4.Â
New
subdivisions shall in all cases be designed so as to achieve the least
amount of earth disturbance (cutting, filling, regrading).
C.Â
Streets.
1.Â
Classifications.
The Planning Board will, in all cases, determine the classification
to be applied to all streets shown on a subdivision plan. In general,
classifications will be assigned on the following basis:
a.Â
Collector street: designed to serve a residential area of over 75
lots or dwellings.
b.Â
Major street: designed to serve a residential area of over 20 lots
or dwellings.
c.Â
Minor street: designed to serve no more than 20 lots or dwellings.
Minor streets shall be considered internal subdivision streets.
d.Â
Local street: designed to provide access and legal frontage to no
more than three lots or dwellings and shall remain as a private way
and shall not be accepted as a public way.
[Added 1-11-2011]
e.Â
Industrial street: designed to serve subdivisions to be developed
as industrial or office parks.
2.Â
Location
and alignment.
a.Â
All streets in a proposed subdivision shall be designed so that,
in the opinion of the Board, they will provide safe vehicular travel.
To that end, the Board may require certain traffic studies to be performed
to support the developer's proposed layout.
b.Â
The Board shall consider the configuration of the street layout and
the arrangement of lots abutting thereon in order to achieve the appropriate
usage of the land with regard to situation of homes, privacy, light
and space, and access to the street.
c.Â
Proposed streets shall conform to any master road plan adopted in
whole or in part by the Board.
d.Â
The Board may require satisfactory provision for projection of streets
to adjoining properties not yet developed.
e.Â
Reserve strips prohibiting access to streets or adjoining property
shall not be permitted, except where, in the opinion of the Board,
such strips may be in the public interest.
f.Â
Streets shall be laid out so as to intersect as nearly as possible
at right angles; nonetheless, no street shall intersect any other
street at an angle less than 60°.
g.Â
Property lines at street intersections shall be rounded or cut back
to provide for a radii of not less than 20 feet.
h.Â
The layout of the streets in a proposed subdivision shall not be
located in such a manner as to render an existing building nonconforming;
provided, however, that a plan can be approved if an existing building,
to be razed or reconfigured to meet the requirements of the Andover
Zoning By-Law[2] dimensional and setback requirements, is razed or modified
prior to the actual construction of the street and/or roadway improvements.
[Amended 1-11-2011]
[2]
Editor's Note: See Art. VIII, Zoning.
i.Â
The distance between the center lines of streets opening onto the
same or opposite sides of an existing or proposed street shall be
no less than 150 feet.
j.Â
There shall be a tangent of at least 100 feet between reverse curves
on all proposed major streets and a tangent of at least 50 feet between
reverse curves on all proposed minor streets.
k.Â
In order to control traffic safety,
and in order to coordinate development of necessary improvements to
public ways, the Board will consider the adequacy of public ways adjacent
to or providing access to a proposed development. It is the Board's
intent that a proposed development not overly strain the capacity
of existing or planned public ways so as to result in traffic congestion
or safety problems.
(1)Â
Where deemed necessary by the Board, a traffic study shall be performed,
at the developer's expense, by a person or firm experienced and competent
in the field of traffic engineering. Such person or firm shall be
selected by the Board. The developer shall provide the fee for such
study to the Board prior to commencement of the study.
(2)Â
When, in the opinion of the Board, and based upon the findings and
recommendations of a traffic study, or the recommendations of the
Department of Public Works, a subdivision is deemed to have a detrimental
impact on existing or proposed streets or traffic conditions, the
Board may approve such subdivision on conditions limiting the number
of lots upon which buildings may be erected.
l.Â
There shall be provided and maintained at all intersections clear
sight triangles of 75 feet, measured along the center lines from the
point of intersection. No obstructions or plantings higher than 30
inches or tree limbs lower than eight feet shall be permitted within
this area.
m.Â
Proposed streets shall be located so as to provide adequate sight
distance with respect to both horizontal and vertical alignment, as
well as at intersections. Sight distance shall be measured along the
center line, three feet nine inches above finished grade.
n.Â
At the connection of any proposed street to an existing street, a
leveling area shall be provided having a grade of not more than 4%
for a distance of 25 feet from the nearest pavement line of the existing
street.
o.Â
When the algebraic difference of grades is 2% or less, a point of
vertical grade change (PVGC) shall be used instead of a sag vertical
curve.
[Added 3-26-2001]
p.Â
Retaining walls, revetments, armored slopes and similar type structures
are prohibited within the street right-of-way. Retaining walls and/or
similar type structures located outside the right-of-way shall be
designed to Massachusetts state standards. Retaining walls and/or
similar type structures shall be prohibited as right-of-way support
structures.
[Added 3-26-2001]
q.Â
Cuts or fills in excess of either eight feet or roadway locations
resulting in lots being more than eight feet above or below the grade
of the roadway shall be substantiated by the submission of cross-sections
showing the proposed grading within 200 feet of the roadway on both
sides at fifty-foot intervals and at critical areas such as stream
crossings, intersecting roads, and driveways and such other areas
as required by the Planning Board.
[Added 1-8-2002]
r.Â
Driveway center lines shall not be placed less than 75 feet from
the center line of the connecting roadway at any intersection.
[Added 1-8-2002]
3.Â
Right-of-way
and street standards.
[Amended 3-26-2001; 1-11-2011]
a.Â
All new roadways and streets, including private ways, shall be constructed
in accordance with the following standards:
|
Street Classification
|
Local
|
Minor
|
Major
|
Collector
|
Industrial
| |
|---|---|---|---|---|---|---|
|
Minimum right-of-way width (feet)
|
40
|
40
|
50
|
66
|
50
| |
|
Minimum pavement width (feet)
|
18
|
26
|
28
|
34
|
30
| |
|
Minimum radius of curves at center
|
100
|
150
|
250
|
*
|
250
| |
|
Minimum road crown (inches per feet)
|
3/8
|
3/8
|
3/8
|
3/8
|
3/8
| |
|
Minimum sight distance (feet)
|
200
|
200
|
200
|
*
|
200
| |
|
Minimum percent grade
|
1
|
1
|
1
|
1
|
1
| |
|
Maximum percent grade
|
8
|
8
|
6
|
6
|
6
| |
|
Maximum length (feet)
|
300
|
|
*
|
Changes in grade or vertical curves of collector streets shall
be in accordance with the recommendations of the American Association
of State Highway Officials based on a design speed established by
the Andover Police Department.
|
4.Â
Local
streets.
[Added 1-11-2011]
a.Â
Shall service no more three lots or dwellings.
b.Â
The minimum length of local streets shall not be less than the minimum
lot frontage distance in the zoning district in which proposed.
c.Â
The maximum length of local streets shall be 300 feet; the length
shall be measured along a line defined as the distance from Point
A to Point B when:
|
Point A is the point where the shortest proposed sideline of
the Local Street right-of-way, as extended, intersects with the nearest
sideline of the right-of-way on the adjacent street.
| |
|
Point B is the nearest point on the first curve of the outside
radius of the turnaround of the Local Street.
| |
|
Line AB is measured along the shortest right-of-way line of
the proposed Local Street between Points A and B. (See example in
§ X.)
|
d.Â
Local Streets shall be provided at the closed end with a circular
right-of-way having at least a one-hundred-twenty-foot diameter at
the property line.
e.Â
The maximum number of driveways to be accessed off the Local Street
shall be three driveways. The first two driveways must occur within
the first 150 feet along the center line of the Local Street right-of-way.
(See example in § X.)
f.Â
No Local Street may be extended past its terminus or through its
turnaround or cul-de-sac. No proposed Local Street may be connected
to an existing street anywhere along its length if, in the opinion
of the Board, such new street would create an adverse impact on the
safety of the existing street and the character of the neighborhood.
5.Â
Minor
streets (dead-end streets/cul-de-sacs).
a.Â
Cul-de-sac streets shall not exceed 1,000 feet in length nor serve
more than 20 lots or dwelling units, whichever is the lesser.
b.Â
The minimum length of dead-end streets shall not be less than the
minimum lot frontage distance in the zoning district in which proposed,
but in no case less than 150 feet. The required length shall be measured
from the nearest right-of-way line of the intersecting street to the
nearest point of the first curve of the outside radius of the turnaround
as measured along the shortest right-of-way line of the proposed dead-end
street exclusive of intersection radii. (See example in § X.)
[Amended 3-10-1998]
c.Â
For design purposes, dead-end streets shall be considered minor streets.
d.Â
Dead-end streets shall be provided at the closed end, with a circular
turnaround having at least a one-hundred-twenty-foot diameter at the
property line and at least a one-hundred-foot diameter for the paved
roadway.
e.Â
Water mains in dead-end streets shall be connected to water lines
in adjacent streets or developments in order to provide continuous
water movement in the main, improve fire flows, provide redundancy
to reduce flow interruptions and provide greater facility to make
repairs.
[Amended 3-26-2001]
f.Â
In certain instances the Board
may waive its circular turnaround requirements to allow a cul-de-sac
island where such waiver may be deemed to increase the amenity of
the development without causing undue hardship with regard to street
maintenance or vehicular movement.
(1)Â
Cul-de-sacs with a center island shall be at least 120 feet in diameter
at the property line and at least 100 feet in diameter for the paved
roadway.
(2)Â
Where existing natural features such as mature trees are not being
preserved, center islands shall be at grade with the street, or depressed
with a gravel or stone infiltration sump at the center.
(3)Â
Where natural features are to be retained, the island shall be graded
so that the edge of the island meets the pavement at no greater than
four to one slope.
(4)Â
Center islands, if approved by the Board, shall be designed as low
maintenance features, and the Town will assume no responsibility for
upkeep or improvements.
(5)Â
Center islands shall not be used for storage of construction materials
nor parking of equipment of any kind at any time.
(6)Â
Any landscaped cul-de-sac island or islands approved by the Board
as a part of the plan shall be maintained by a homeowners' association
created for such purpose, the documents for which shall be submitted
to the Planning Board for review and approval prior to any construction
activities associated with the subdivision. Such homeowners' association
documents shall provide for the right of the Town to make emergency
repairs, the costs of which shall be assessed to the homeowners' association,
and shall indemnify and defend and hold harmless the Town for any
such repairs. Prior to commencing any landscaping within a cul-de-sac
island, the developer or his successor or assigns shall submit a landscaping
plan to the Forestry Superintendent for review and approval.
[Added 3-26-2001]
g.Â
No existing street may be extended past its terminus or through its
turnaround or cul-de-sac. No proposed street may be connected to an
existing street anywhere along its length if, in the opinion of the
Board, such new street would create an adverse impact on the safety
of the existing street and the character of the neighborhood.
[Added 3-10-1998; amended 9-28-1999]
6.Â
Adequate
access from a public way.
[Added 3-26-2001]
a.Â
Where the street system within a subdivision does not connect with
or have, in the opinion of the Board, adequate access from a Town,
county or state (public) way, the Board may require, as a condition
of approval of a plan, that such adequate access be provided by the
subdivider and/or that the subdivider make physical improvements to
and within such a way of access, from the boundary of the subdivision
to a Town, county or state way.
b.Â
Where the physical condition or width of a public way from which
a subdivision has its access is considered by the Board to be inadequate
to carry the traffic expected to be generated by such subdivision,
the Board may require the subdivider to dedicate a strip of land for
the purpose of widening the abutting public way to a width at least
commensurate with that required within the subdivision and to make
physical improvements to and within such public way to the same standards
required within the subdivision. Any such dedication of land for the
purpose of way and any such work performed within such public way
shall be made only with permission of the governmental agency having
jurisdiction over such way, and all costs of any such widening or
construction shall be borne by the subdivider.
c.Â
All subdivision plans shall be designed to insure the safety, convenience
and welfare of the present and future inhabitants of Andover. The
Board shall exercise its authority with due regard for provision of
adequate access to all of the lots in the subdivision by ways that
will be safe and convenient for travel; for lessening congestion in
such ways and in the adjacent public ways; for reducing danger to
life and limb in the operation of motor vehicles; for securing safety
in the case of fire, flood, panic and other emergencies; for insuring
compliance with applicable provisions of the Andover Zoning By-Law;[3] for securing adequate provision for water, sewerage, drainage,
underground utility service, police and fire protection and other
similar equipment, and street lighting and other requirements where
necessary in a subdivision; for coordinating the ways in a subdivision
with each other and with the public ways in neighboring subdivisions.
Such powers shall also be exercised with due regard for the policy
of the commonwealth to encourage the use of solar energy and protect
the access to direct sunlight of solar energy systems.
[Added 1-8-2002]
[3]
Editor's Note: See Art. VIII, Zoning.
d.Â
The definitive subdivision plan shall set forth the location, names
and widths of streets adjacent to or within proximity of the subdivision.
The applicant shall demonstrate that roads and ways to and within
the subdivision are adequate to provide emergency medical, fire and
police protection as well as safe travel for the volume of traffic
projected.
[Added 1-8-2002]
e.Â
The Board may require appropriate and reasonable improvements in
adjacent streets and ways to minimize congestion, to insure safe and
adequate access to the proposed subdivision, and to insure safe and
adequate vehicular and pedestrian travel in a coordinated system of
streets and ways.
[Added 1-8-2002]
f.Â
If improvements to a way are part of the definitive plan, or are
required by the Board, and if the applicant enters upon the property
of an abutter to the way in order to do such improvements, then the
applicant shall provide to the Board an easement or other document
from such abutters to the way, granting the applicant the right or
permission 1) to go onto the abutters' property and 2) to do such
improvements, and work related thereto, on the abutters' property.
No easement or other document shall be required if the applicant does
not enter upon the property of an abutter to the way in order to do
such improvements to the way.
[Added 5-12-2009]
D.Â
Sidewalks.
1.Â
Sidewalks
shall be designed in accordance with the specifications and standards
contained in § VII, and the Appendix drawing shown in § X.
2.Â
Except
for on Local Streets, sidewalks shall be constructed in accordance
with the standards in § VII, Subsection Q, on at least one
side of streets proposed in the SRA, SRB, and SRC Zoning Districts.
The Planning Board shall determine the side of the street upon which
the sidewalk is to be constructed.
[Amended 3-26-2001; 1-11-2011]
3.Â
Sidewalks
shall be extended off-site to connect to an existing sidewalk or cross
street in the vicinity, when, in the opinion of the Board, such sidewalks
will facilitate pedestrian safety and movement.
[Amended 1-11-2011]
4.Â
Walks
or pedestrian ways may be required in a cluster subdivision when,
in the opinion of the Board, they would better facilitate safe movement
to and from designated open spaces within the development. The design
and location of these walks or pedestrian ways shall be determined
by the Board.
5.Â
The
Planning Board may grant a waiver of sidewalk construction at the
applicant's request. Should the Board grant a waiver for sidewalk
installation, an amount equal to the construction cost of the sidewalk
shall be deposited into an account of the Town of Andover. The amount
to be deposited will be determined by the Planning Board.
[Added 1-11-2011]
E.Â
Easements.
1.Â
All
easements shown on all plans shall be identified as to type and use.
All existing easements on all plans shall be accompanied by a notation
identifying the registry book and page wherein the easement is recorded.
[Amended 3-26-2001]
2.Â
Utility
easements for water, sewer, electric, telephone and CATV (cable television)
lines and drainage piping or channels shall be provided at locations
determined by the Board and the Department of Public Works for the
provision or extension of utilities within the development or to adjacent
properties. Utility easements for water shall be no less than 20 feet
in width, and utility easements for sewer shall not be less than 30
feet in width. Where multiple utilities are to be contained within
the same easement, an additional 10 feet in width shall be provided
for each additional utility.
[Amended 3-26-2001]
a.Â
Within the lots of the subdivision, no part of any water, sewer,
electric, telephone, CATV or pedestrian easement shall be in the same
area as any detention pond, retention basin, pond or similar structures.
b.Â
Within the lots of the subdivision, no part of any drainage easement
shall be in the same area as a water, sewer, electric, telephone or
CATV easement.
3.Â
Utility
easements into or crossing any open space or protected area shall
be prohibited unless approved by the Board upon the recommendation
of the Department of Public Works.
4.Â
Overlying
easements or easements within easements shall be prohibited unless
specifically approved by the Board.
5.Â
Where
easements have been approved entering into or crossing open spaces
or protected areas they shall be restored to reflect as nearly as
possible the conditions existing prior to the easement. Vegetative
visual buffering required by the Planning Board in such easements
shall be the responsibility of the developer and shall be reflected
in the subdivision performance guaranty.
6.Â
Easements
on lots other than those required for public utilities, drainage systems
or conservation purposes shall be prohibited.
7.Â
Easements
for access to parks and conservation lands abutting a proposed subdivision
may be required by the Board. These easements shall be at a width
determined by the Board to be sufficient for their purpose but will
not normally exceed 30 feet in width.
8.Â
The
developer shall be required to obtain off-site drainage easements
when, in the Board's opinion, the subdivision will cause an increase
or change in surface water volumes or velocities, either through open
channels or through culverts into or onto any abutting properties.
[Amended 3-10-1998]
F.Â
Drainage
and grading. Drainage is directly affected by grading and earth movement
within the subdivision. Grading on building lots directly or indirectly
impacts the street drainage systems within the subdivision as well
as on adjacent Town ways. This section contains the design requirements
for drainage and for grading as it relates to drainage. These requirements
are intended to further the purposes of the SCL, Section 81-M. All
drainage within or associated with a subdivision shall be designed
in accordance with the Stormwater Policy Handbook, as prepared by
the Massachusetts Department of Environmental Protection, dated March
1997, and as amended from time to time.
[Amended 3-26-2001]
1.Â
All
lots within the subdivision shall be graded to provide positive drainage
away from existing or proposed structures, adjacent private or public
properties, and from the surface areas of existing or proposed on-site
sewage disposal systems.
[Amended 3-26-2001]
2.Â
The
Board will not approve grading which would cause drainage flows to
exceed the capacity of natural wetlands, watercourses, drainage channels
and any man-made drainage facilities on and in existing or proposed
streets.
3.Â
Grading
for slope requirements for on-site sewage disposal systems shall be
totally contained within the lot upon which such system is proposed.
No slope easements onto any adjacent lot or property shall be permitted.
4.Â
Where
any stream or other natural watercourse or drainageway is proposed
to be enclosed or piped underground, the Board shall require the grading
plan to provide for an alternate aboveground path suitable for passage
of water in the event that the enclosed or piped section becomes blocked.
5.Â
Natural drainageways, channels or streams shall not be disturbed, but shall be protected by easements as required by § VI, Subsection E, of these regulations, unless alternative provisions for maintaining flows and carrying capacities for such features have been reviewed and approved by the Board.
6.Â
The final grading shown on any approved Form C plan shall not be amended or changed without prior review and approval of the Board except as may be deemed minor by the Board's staff as defined in § VI, Subsection E, Paragraph 5. In reviewing proposed amendments or changes the Board shall consider the impact of such amendments or changes upon the subdivision as:
7.Â
Minor
changes in the grading plan of a subdivision or a lot within a subdivision
may be approved by the technical staff of the Board if and when it
can be determined that no adverse impacts might result from such change
and no other section of these rules and regulations is violated. Minor
changes in the grading plan shall be defined as:
8.Â
Drainage
systems shall be designed to accommodate the ten-year, twenty-four-hour
storm. Cross culverts and major drainageways shall be designed to
accommodate at least a twenty-five-year, twenty-four-hour storm. The
preferred methodology for calculation of drainage shall be the United
States Department of Agriculture — Soil Conservation Service,
Technical Report 55 (TR-55) as amended. Other methodologies deemed
appropriate may be used only after prior approval of the Board and
upon recommendation of the Department of Public Works.
[Amended 11-2-1987; 1-8-2002; 1-11-2011]
9.Â
With
the exception of Local Streets, drainage facilities in the form of
detention or retention basins or ponds may not be located within any
street right-of-way, nor on any proposed building lot, nor within
any open space area intended to be conveyed to the Town. Such facilities,
if required as part of a subdivision, shall be located on separate
parcels which are to be retained by the applicant or developer, or
conveyed to an association of lot owners within the subdivision. The
Planning Board shall have the authority to review and approve any
documents related to an association of lot owners and may require
a performance guarantee to be established to ensure the continued
operation and maintenance of a drainage facility. The town shall have
no responsibility for the maintenance of such basin or pond. Each
detention basin, retention basin, pond, channel or similar structure
must be designed to accommodate a two-, ten-, twenty-five-, and one-hundred-year
storm; and a report, prepared and certified by a registered professional
engineer, shall be submitted to show such calculations for each such
storm event for each such basin, pond, channel or structure.
[Added 3-10-1998; amended 3-26-2001; 1-11-2011]
10.Â
Local Street stormwater management systems.
[Added 1-11-2011]
a.Â
Shall be designed so that the post-development discharge rates do
not exceed predevelopment peak discharge rates.
b.Â
Shall be designed so that loss of annual recharge to groundwater
shall be eliminated or minimized through the use of infiltration measures,
including environmentally sensitive site design, low impact development
techniques, stormwater best management practices and good operation
and maintenance.
c.Â
Shall be designed to remove 80% of the average annual post-construction
load of Total Suspended Solids (TSS).
d.Â
Shall develop and implement a long-term operation and maintenance
plan ensure that stormwater management systems function as designed.
11.Â
The post-development drainage peak flow rate of runoff shall not
exceed the predevelopment drainage peak flow rate of runoff.
[Added 3-26-2001]
12.Â
The concentration and direction of post-development stormwater runoff
onto adjacent property shall not be permitted unless proper drainage
easements are obtained from all affected property owner(s). All such
fully executed easements shall be provided at the time of submission
of the plan.
[Added 3-26-2001]
13.Â
Flooding or erosion onto land abutting the subdivision is prohibited.
The proposed stormwater system must provide adequate protection against
damage to property within and without the subdivision.
[Added 3-26-2001]
14.Â
The proposed subdivision may not have an adverse impact upon water
quality within or outside the subdivision. The drainage from surface
water runoff may not pollute adjoining land.
[Added 3-26-2001]
15.Â
Test pits shall be done in each drainage control basin and subsurface
drainage structure by a licensed soil evaluator, and all results,
analyses and conclusions of such tests, certified by a professional
engineer, shall be provided to the Board.
[Added 3-26-2001]
16.Â
For every drainage control basin or subsurface drainage structure,
the applicant shall provide data taken from the test pits describing
the distance from the surface of the ground to the highest observed
groundwater levels or highest observed evidence of a water table such
data to be taken at three-month intervals during the year.
[Added 3-26-2001]
17.Â
Plans shall show all proposed subdrains with details. Plans shall
show all proposed erosion control measures.
[Added 3-26-2001]
G.Â
Open
space. Before approval of a plan the Board may, in proper cases, require
the plan to show a park or parks suitably located for playground or
recreation purposes or for providing light and air. The park or parks
shall not be unreasonable in area in relation to the land being subdivided
and to the prospective uses of such land. The Board may, by appropriate
endorsement on the plan, require that no building be erected upon
such park or parks for a period of not more than three years without
its approval.
|
If open space or other real property is to be conveyed to the
Town, whether or not by special permit, then prior to the issuance
of the first clearance certificate for construction of a building,
the applicant must provide to the Planning Board a certification to
the Town of Andover from an attorney licensed to practice in the Commonwealth
of Massachusetts that the title to the subject open space or other
real property is a good, clear, marketable title, and that the property
is being conveyed free of all liens, mortgages and encumbrances.
[Added 3-26-2001] |
H.Â
Design
standards for cluster subdivisions.
1.Â
Subdivision
design and construction standards contained in §§ VI
and VII of these Rules and Regulations shall apply to cluster subdivisions
insofar as these regulations are not in conflict with the Andover
Zoning By-Law,[4] in which case the requirements of the Zoning By-Law shall
apply.
[4]
Editor's Note: See Art. VIII, Zoning.
2.Â
In
its consideration of a plan being proposed as a cluster subdivision,
the Board shall give particular attention to, and may use as a basis
for its decision, the following criteria:
a.Â
The arrangement of lots, streets and buildings as they may promote
the harmonious integration of the proposed development with existing
surrounding properties;
b.Â
Originality in the overall layout and design to achieve the best
possible relationship between the proposed development and the land;
c.Â
Usability of open spaces for active or passive recreation, determined
by size, shape, topography and location;
d.Â
Inclusion within open spaces of irreplaceable natural features such
as streams, mature trees or clusters of trees, rock outcrops, eskers,
bluffs, slopes and historic or archaeological features;
e.Â
Accessibility of open spaces to the handicapped, elderly and children;
f.Â
Suitability of open spaces for scenic values and improvement or preservation
of views.
3.Â
Proposed
open space areas deemed by the Board to be inappropriate for the uses
of recreation, protection of significant natural features or buffering
due to size, shape or location of such space or area shall be prohibited.
4.Â
The
Board may require the provision or reservation of pedestrian accessways
of suitable width and in locations suitable for pedestrian movement
of different types connecting open space areas within the cluster
subdivision or to other adjacent open spaces.
5.Â
The
applicant shall demonstrate to the Board by a written statement accompanied
by a sketch plan of a noncluster layout at a scale of one inch equals
40 feet or one inch equals 100 feet, the reason or reasons why the
Board should give favorable attention to an application for a special
permit to cluster.
I.Â
Flood
hazard avoidance. Any subdivision located in any part within the Flood
Hazard District established under the Zoning By-Law shall comply with
the following:
1.Â
Subdivision
design shall be consistent with the need to minimize flood damage
within the flood-prone area, through use of clustering, open space
reservation, street profile design and drainage.
2.Â
All
public utilities and facilities, such as sewer, gas, electrical and
water systems, shall be located and constructed to minimize or eliminate
flood damage.
3.Â
Drainage
systems shall be designed in consideration of possible flooding to
the base flood elevation.
A.Â
General.
1.Â
This
section contains certain specific construction standards, specifications
and procedures for the installation of streets and services. Certain
terms used in this section are considered common parlance in the field
of such construction; however, such terms as may not be understood
may be referred to the Department of Public Works for definition.
2.Â
All
road materials and construction methods shall meet the current Commonwealth
of Massachusetts Department of Public Works Standard Specifications
for Highways and Bridges, 1988, as amended from time to time, and
the Town of Andover Department of Public Works Construction Specifications,
January 1986, as amended.
[Amended 3-26-2001]
3.Â
All
road materials shall be approved by the Board prior to incorporation
in the work.
B.Â
Inspections.
1.Â
The
applicant shall keep the Board and the Department of Public Works
fully informed as to the status and progress of all construction.
The applicant shall notify the Department of Public Works at least
48 hours prior to commencement of any construction and before resuming
work after a stoppage in construction, that such construction has
progressed to a stage that inspection by the appropriate Town agency
is required.
2.Â
All
fees and expenses for testing and inspection shall be paid to the
Town by the applicant.
3.Â
Failure
of the applicant to notify the Board and Department of Public Works
in timely fashion, as required herein, shall result in the Board requiring
any work not inspected as a result of such failure to be exposed in
order that the proper inspection may be made.
C.Â
Grubbing.
1.Â
All
trees, brush, stumps, roots, boulders and all loam or other yielding
material shall be removed from the full length and width of the roadway
(pavement and shoulder).
2.Â
The burial of materials mentioned in Subsection C, Paragraph 1, above shall not be permitted in the Town of Andover's former landfill or in any roadway, easement or open space area within the subdivision.
3.Â
When
the grubbing and removal work has been completed, the Department of
Public Works shall inspect the road following notification by the
applicant.
D.Â
Subgrade.
1.Â
The
entire length and width of the roadway shall be brought to subgrade
with grade stakes set every 50 feet. A permanent bench mark shall
be established and set to Environmental Science Services Administration
datum.
2.Â
The materials used for the subgrade shall meet the specifications for ordinary borrow in the Massachusetts Standards referred to in § VII, Subsection A, Paragraph I, above.
3.Â
When
the above work has been completed the applicant shall request the
Department of Public Works to inspect the road.
E.Â
Street
opening permit. Any person proposing any excavation in any public
way (pavement and shoulder) shall obtain a street opening permit from
the Department of Public Works prior to undertaking such excavation.
F.Â
Utilities.
1.Â
All
utilities, including services to the street line or property line,
shall be installed upon completion of the subgrade and prior to placement
of gravel.
2.Â
When
utilities are installed in an existing way, services shall be installed
to the property line for all present and future lots.
3.Â
Location
ties shall be recorded by the developer for all bends, tees, plugs,
valves, corporations, curb stops, wyes and sewer services at the property
line prior to testing of the utilities. These location ties shall
include type of fixture, depth, location with regard to a permanent
surface feature and location with regard to any other subsurface utility
feature, and shall be recorded and submitted in form acceptable to
the Department of Public Works.
G.Â
Sanitary
sewer.
1.Â
All
connections to the Andover sewer system shall be in accordance with
the "Town of Andover, Massachusetts Wastewater Facilities Plan, December,
1979," Camp, Dresser and McKee, Inc., and as this plan may be amended
from time to time. No proposed subdivision for which connection to
the Andover sewer system is contemplated, which lies outside the area
designated for sewage collection in the above-mentioned Camp, Dresser
and McKee plan or which requires the pumping of sewage to get into
the system, shall be approved by the Board without prior written authorization
by the Board of Health and the Board of Sewer Commissioners (Selectmen).
If the proposed subdivision lies within the area designated and can
be sewered, in accordance with the above plan, by means of the extension
or replacement of sewer lines in streets existing at the time the
subdivision is made, the Board may require, as a condition of approval,
that the applicant construct such an extension at his own expense.
2.Â
Sewer
mains, eight-inch minimum, and service laterals, five-inch minimum,
shall consist of extra strength vitrified clay.
3.Â
Minimum
cover from the top of the pipe to the finished grade shall be three
feet of earth.
4.Â
Maximum
distance between manholes shall be 300 feet.
5.Â
For
pipes, fifteen-inch diameter and larger, a minimum of Class IV concrete
pipe shall be required.
6.Â
Precast
concrete manholes shall be required.
7.Â
Asphalt
coating on all manholes shall be required.
8.Â
No
underground, surface or roof drainage shall be allowed to enter the
sanitary sewer system.
H.Â
Water.
1.Â
When,
in the opinion of the Board or upon recommendation of the Department
of Public Works, a proposed subdivision necessitates extension or
replacement of water lines in streets existing at the time the subdivision
is made, the Board may require, as a condition of its approval, that
the water lines, if found to be inadequate, be extended or replaced
at the expense of the applicant, in accordance with the Town of Andover,
Massachusetts, report, "Improvements to the Water Distribution System,"
Camp, Dresser and McKee, Inc., dated December 1972, and also according
to the "Map of Existing Distribution System Showing Recommended Initial
Improvements and Recommended Future Improvements," Camp, Dresser and
McKee, Inc., dated December 1973, or as this report may be revised
from time to time by the Department of Public Works.
2.Â
Water
service, installed to the property line, shall serve each lot within
the subdivision.
3.Â
The
water system shall be designed and constructed in conformity with
the specifications of the Department of Public Works.
4.Â
Hydrants
shall be provided at intervals of not more than 500 feet apart along
each street and located at lot boundary lines, or in such other locations
as may be recommended by the Department of Public Works or the Andover
Fire Department.
5.Â
Corporation
stops shall be installed at the high points in the lines and within
50 feet of the ends of the lines, for testing purposes, if no hydrants
are to be installed at those points.
6.Â
Prior
notice of at least 48 hours shall be given by the applicant, to the
Department of Public Works, before any water main is shut off, and
in no case shall a gate or hydrant be opened or shut without proper
authorization.
7.Â
The
pipes and fittings shall be thoroughly cleaned before being laid and
shall be kept clean until accepted in the finished work. The ends
of all uncompleted lines shall be closed with temporary watertight
plugs at all times when the pipe laying is not in progress, and no
trench water or debris shall be permitted to enter the pipe.
8.Â
Gates
shall be installed at hydrants and intersections every 1,000 feet
along a waterline, at the ends of each cross country line or as required
by the Department of Public Works.
9.Â
Hydrants
shall be painted to the specifications of the Department of Public
Works.
10.Â
New water mains shall be looped to an existing main in order to provide
adequate water services for domestic use and fire protection.
[Amended 3-26-2001; 1-11-2011]
I.Â
Fire
protection.
[Added 11-2-1987]
1.Â
Proposed
nonmunicipal water systems for residential subdivisions shall at a
minimum be capable of providing and maintaining a fire flow of 500
gallons per minute, at a residual pressure of 20 pounds per square
inch for a duration of two hours, at each lot. One- and two-family
dwelling units that are two stories or less shall meet the following:
[Amended 5-2-2009]
|
Distance Between Dwellings
(feet)
|
Fire Flow Required
(gallons per minute)
| |
|---|---|---|
|
More than 100
|
500
| |
|
31 to 100
|
750
| |
|
11 to 30
|
1,000
| |
|
10 or less
|
1,500
|
|
Where the dwellings have fire sprinkler systems meeting the
approval of the Fire Department, the fire flow requirements may be
reduced as recommended by the Fire Department.
|
2.Â
The
Andover Fire Department shall review proposed nonmunicipal water systems
in new subdivisions and shall make a report to the Board of its findings
and recommendations regarding the adequacy of those systems to provide
fire protection.
J.Â
Drainage.
1.Â
When,
in the opinion of the Board or upon recommendation of the Department
of Public Works, a proposed subdivision necessitates the extension
or replacement of drain lines for the adequate disposal of surface
and subsurface drainage, the Board may require, as a condition of
its approval, that the drain lines be extended or replaced if found
to be inadequate, and to secure drainage easements as are deemed necessary
off the site of the subdivision, at the expense of the applicant,
in accordance with the "Town of Andover Master Plan for Storm Drainage,"
by Camp, Dresser and McKee, Inc., dated February 1963, and as amended
from time to time.
2.Â
The
drainage system shall be constructed so as to permit unimpeded flow
in all natural watercourses, to ensure drainage at all low points,
to control erosion, to intercept stormwater runoff along streets and
to intercept drainage from crossing any street intersection.
3.Â
Side
underdrains shall be installed as field conditions warrant and shall
be installed in locations determined by the written decision of the
Director of Public Works.
[Amended 1-11-2011]
4.Â
Catch
basins shall be constructed on both sides of the roadway at intervals
of not more than 400 feet, at all low points in the roadway and at
all intersections.
5.Â
Drainage
pipes shall be a minimum of Class III twelve-inch-diameter reinforced
concrete, and when installed shall have a minimum cover of three feet
of earth from the top of the pipe to the finished grade.
L.Â
Fire
alarm. Fire alarm systems, with cable and conduit, fire alarm boxes
and pedestals, and other necessary fittings, shall be constructed
and installed in conformity with the specifications of the Fire Department
to provide all lots ready access to the system.
M.Â
Testing
— water and sewer.
1.Â
Prior
to the testing of water- and sewer lines, all roadways shall be completed
to subgrade with grade stakes every 50 feet, and easements shall be
completed to finish grade.
2.Â
The
Department of Public Works shall be notified 48 hours prior to testing.
3.Â
Sanitary
sewers shall be subjected to a low-pressure air test in accordance
with the American Society for Testing Materials, C 828-80, and as
revised.
N.Â
Gravel
base course.
1.Â
Offset
grade stakes shall be installed at fifty-foot intervals.
2.Â
Prior
to the placement of the gravel on the roadway, the installation of
all utilities, including services, and all required testing shall
be completed.
3.Â
Gravel
shall conform to the Massachusetts State Specifications for Gravel
Borrow, Section M1.03.0 Type B (maximum three-inch stone).
4.Â
Gravel
shall be placed to a minimum of 12 inches, compacted thickness, and
to a width extending one foot beyond each edge of pavement.
5.Â
Testing
fees for soils, compaction, proctor and sieve analysis of the gravel
shall be paid by the applicant.
6.Â
Upon
completion of the work outlined above, an inspection of the roadway
shall be made by the Department of Public Works.
O.Â
Pavement.
1.Â
Offset
grade stakes shall be installed at fifty-foot intervals.
2.Â
A
binder course of Class I bituminous concrete pavement, with a rolled
depth of 2Â 1/2 inches, shall be installed.
3.Â
Prior
to the placement of the wearing surface, the applicant shall set all
utility structures to grade, sweep the binder, and shim and patch
the binder as necessary.
4.Â
When the work outlined in Subsection N, Paragraphs 1, 2 and 3, above has been completed, the Department of Public Works shall inspect the roadway.
5.Â
A
wearing surface of Class I bituminous concrete pavement, with a rolled
depth of two inches, shall be installed. It is the established policy
of the Board and the Department of Public Works to inform applicants
to refrain from installation of the wearing surface until all major
construction on house lots served by the streets has been completed
or substantially completed in order to avoid damage to the road.
6.Â
Following
the installation of the wearing surface, no excavations shall be permitted
in the road surface for a period of five years except in emergency
cases, and then only after written authorization has been obtained
from the Director of the Department of Public Works.
P.Â
Curbing.
1.Â
Vertical
granite curbing (Type VB) shall be installed along all sidewalks.
[Amended 3-26-2001]
2.Â
In
the Single Residence A Zone, granite curb inlets shall be installed
at each catch basin and curved granite curbing shall be installed
at each intersection.
[Amended 3-26-2001]
3.Â
Bituminous
concrete berm curbs (machine formed) shall be constructed along roadways
where the grade is greater than 4%.
[Amended 3-26-2001]
4.Â
Bituminous
concrete berm curbs (machine formed) shall be constructed at any other
location when deemed necessary by the Department of Public Works.
[Amended 3-26-2001]
5.Â
Concrete
berms shall be constructed at any other location when deemed necessary
by the Department of Public Works.
6.Â
On
local streets, berms or curbs shall be installed in locations the
Planning Board deems necessary.
Q.Â
Sidewalks.
[Amended 3-26-2001; 1-11-2011]
1.Â
Sidewalks
shall be at least five feet in width and shall be constructed starting
at the street line towards the pavement edge and shall consist of
eight inches of compacted bank gravel (or equivalent) with a wearing
surface of two inches of Type I bituminous concrete. The area between
the sidewalk and the street pavement or curb shall be at least six
inches of loam with appropriate seeding.
S.Â
Trees.
[Amended 3-26-2001]
1.Â
Street
trees shall be planted three feet outside of the right-of-way at intervals
of 35 feet along the perimeter of the roadway.
2.Â
Tree
species shall be approved by the Forestry Superintendent with a minimum
three-inch caliper measured four feet above the top of the root ball.
3.Â
The
developer shall be required to submit a landscaping plan for each
cul-de-sac obstructions or plantings higher than 30 inches or tree
limbs lower than eight feet shall be permitted within this area.
4.Â
Center
islands, if approved by the Planning Board, shall be designed as low-maintenance
features, and the Town will assume no responsibility for upkeep or
improvements.
5.Â
Prior
to street acceptance, all street trees planted within the right-of-way
shall be approved by the Forestry Superintendent.
6.Â
Street
trees shall not be required on Local Streets.
[Added 1-11-2011]
T.Â
Guardrails.
Guardrails at the specifications of the Department of Public Works
shall be constructed when, in the opinion of the Board, such guardrails
are deemed necessary for safety.
U.Â
Monuments.
1.Â
Monuments
shall be installed at all street intersections and at all points of
change in direction or curvature of streets and at other points, where,
in the opinion of the Board, monuments are necessary.
2.Â
Monuments
shall be a surveyor's granite marker three feet in length and six
inches square and shall have a drill hole in the center. Monuments
shall be set flush with finish grade.
3.Â
Iron
pipe markers, three feet in length, drill holes or other semipermanent
markers shall be installed at all lot boundaries, including lots for
open space provided for under the SCL and under these Rules and Regulations
or Town by-laws, and at changes in course.
4.Â
No
monuments or semipermanent markers shall be installed until all construction,
which would destroy or otherwise disturb such monuments or markers,
has been completed.
5.Â
Monuments
and permanent markers shall be set and their locations certified by
a registered land surveyor.
V.Â
Street
signs.
1.Â
At
the intersection of a street in a subdivision, reflective street signs
shall be installed eight feet above ground, on a galvanized post,
in accordance with the standards established by the Department of
Public Works. In general, the location shall be one foot inside of
the exterior street line.
2.Â
All
proposed street names shall be reviewed and approved by the Police,
Fire and Public Works Departments prior to approval of the plan.
[Added 3-26-2001]
W.Â
Record
plans of utilities.
[Amended 3-26-2001]
1.Â
Initial
as-built plan. All utilities associated with the project shall be
located by a registered land surveyor before each utility is backfilled
and shall be shown on an initial as-built plan with the following
certification: "I certify that the utilities as shown are as actually
located in the field and have not been shown as a reproduction of
contractor records."
a.Â
The clearance certificate for any lot within the subdivision shall
not be issued until all utilities associated with the subdivision
have been installed, including the final grading and stabilization
of drainage improvements and the roadway cut and fill embankments,
and the as-built plan is approved by the Department of Public Works.
2.Â
The
initial certified as-built plan shall then be submitted and must be
approved by the Department of Public Works before the placement of
the roadway gravel.
3.Â
The
initial as-built plan shall show the following record information
for utilities installed within the roadway layout:
a.Â
Drainage system: show plan and profile, including manhole stationing
and invert elevations. Show the as-built grading for all off-road
drainage improvements and roadway side slopes.
b.Â
Sewer system: show plan and profile, including stationing of manholes
and wyes. Service stubs shall be shown with invert elevations and
a minimum of three location ties.
c.Â
Water system: show plan view with a minimum of three location ties
to all water valves, tees, bends, plugs, stubs, corporations and curb
stops.
d.Â
Gas system: plan view with location ties to the gas main and services
stubs.
e.Â
Underground cables: plan view, including conduit size with location
ties to the electric, communications, CATV and fire alarm conduit
roadway crossings.
4.Â
Final
Mylar as-built plan: same as above but shall also include the final
roadway center-line profile, profiles of off-road sewer and drainage
lines along with the associated finish ground surface profile, rim
elevations and the location and type of all installed monuments. This
set of plans shall be submitted after the finish course of pavement
is placed and all final grading is completed.
This section contains the guidelines and procedures to be followed
by those applicants wishing to submit subdivision streets to the Town
for acceptance at Town Meeting.
It is imperative that applicants, attorneys and engineers review,
understand and follow these procedures, especially as to documents
required and deadlines, in order to eliminate confusion and delay
to all parties.
Final approval of the Form C plan does not constitute the laying
out or acceptance by the Town of streets within a subdivision, nor
entitle the streets to such acceptance.
Street acceptances within a subdivision are the financial and
legal responsibility of the applicant.
A.Â
Procedure
sequence.
1.Â
After
all subdivision improvements have been installed and inspected by
the Department of Public Works, the applicant shall compile the engineering
and legal documents required for street acceptance and shall submit,
according to the form and schedule prescribed by the Town Clerk, an
Article for the Town Meeting warrant seeking acceptance of the street
by Town Meeting voters.
2.Â
At least 90 days prior to Town Meeting, the applicant shall submit all required documents (See § VIII, Subsection B, below.) to the Board. The Board shall forward the documents to Town Counsel and the Town Engineer for review and approval.
3.Â
At
least 60 days prior to Town Meeting, Town Counsel and the Town Engineer
shall complete their review of the documents and shall notify the
Board, in writing, of approval or disapproval of these documents.
Those documents found defective shall be returned to the applicant
for correction.
4.Â
At
least 45 days prior to Town Meeting, in the case of documents to be
corrected, the applicant shall submit the corrected documents to the
Board, which shall be delivered to Town Counsel and/or the Town Engineer
for final review.
5.Â
At
least 30 days prior to Town Meeting, when corrected documents have
been required, Town Counsel and the Town Engineer shall complete their
final review and file a written report stating approval or disapproval
of the documents.
6.Â
The
applicant or his representative shall make a motion on the floor of
Town Meeting that a vote be taken to accept the subdivision street(s),
as provided in the warrant Article.
B.Â
Street
acceptance documentation. The applicant shall submit the following
documents and materials to the Board:
1.Â
Mylar
plan showing the street or streets to be accepted. This plan shall
be entitled "Street Acceptance Plan" and shall show the streets and
all appurtenant easements by bounds, courses and distances. (Note:
This plan is not to be confused with the as-built plan normally required
by the Department of Public Works.)
2.Â
Instruments
suitable for recording running to the "Inhabitants of the Town of
Andover" for all easements which are not a part of the street or streets
(drainage, sewer, water). These instruments must be signed by all
parties having any interest or rights in such easements.
3.Â
Deed
for the street itself, running to the "Inhabitants of the Town of
Andover." This deed shall contain a legal description of the street
named in the petition and shall be signed by all parties having any
rights or interests in such street.
4.Â
A
quitclaim deed for open space parcels (if applicable) running to the
"Inhabitants of the Town of Andover" in a form acceptable to the Andover
Conservation Commission.
[Amended 3-26-2001]
6.Â
Certificate(s)
signed by the applicant's attorney certifying that all necessary parties
have signed all easement instruments, street deeds and open space
deeds.
7.Â
Names
and addresses of each property owner and mortgagee having rights or
interests in the streets, easements and open space and the names and
addresses of each abutter thereto, along with a request for a public
hearing by the Board of Selectmen for street acceptance pursuant to
Massachusetts General Laws, Chapter 82, Section 22.
8.Â
Certificate
of notice signed by the applicant's attorney that all property owners,
mortgagees and abutters have been notified of a public hearing pursuant
to the provisions of Massachusetts General Laws, Chapter 82, Section
22, with a return to the Board not less than seven days before the
public hearing. Said notice to be in the following form:
|
"Notice is hereby given that the Board of Selectmen of the Town
of Andover will hold a Public Hearing on _____ in the _____ in the
matter of the layout of _____ as a Public Way."
|
9.Â
Check
made payable to the North Essex Registry of Deeds for the recording
of instruments and deeds in an amount to be determined by the Town
Clerk.
C.Â
Special
requirements.
1.Â
For
streets and ways within a subdivision of land, title to which or any
portion of which has been registered under Massachusetts General Laws,
Chapter 185, by the Land Court, the applicant shall submit to the
Board an easement reading as follows: "an easement running to the
inhabitants of the Town of Andover for all purposes of a public way
or street including the right to install, repair, maintain, alter,
and operate sanitary sewerage, drainage, water lines and other appurtenant
utilities in, into, upon, over, or across said land as shown on Land
Court Plan No. _____ (sheets) _____) filed in the Essex County North
District Land Registration Office in Land Court, Book No. _____, Page
_____. All of said boundaries are determined by the Court to be located
as shown on Subdivision Plan No. _____, drawn by _____, dated _____,
as modified and approved by the Court, filed in the Essex County North
District Land Registration Office, a copy of which is filed with Certificate
of Title No. _____."
2.Â
All
property taxes owed to the Town of the open space lot(s), if any,
must be paid before the Town will recommend the street for acceptance.
3.Â
Within
30 days of Town Meeting acceptance of streets, easements and open
space, the Town Clerk will file the appropriate instruments and deeds
at the Registry of Deeds.
A.Â
Waivers.
The provisions of these rules and regulations are considered the minimum
standards for the protection of the public welfare.
|
If any mandatory provision of these regulations is won by the
applicant, to the satisfaction of a majority of the Board present
at a scheduled public meeting, to be unreasonable and to cause unique
and undue hardship as it applies to his proposed subdivision, the
Board may, in the interest of justice, grant a waiver to such applicant
from such mandatory provision; provided, however, that the Board also
finds that such waiver or waivers is (1) in the public interest and
(2) not inconsistent with the intent and purpose of the SCL.
| |
|
In granting waivers, the Board may impose such conditions as
will, in its judgment, encourage a design which will secure as nearly
as reasonable on the facts, the objectives of the standards or requirements
so waived.
| |
|
Waiver of specific rules and regulations.
[Added 1-8-2002] |
1.Â
Pursuant
to MGL c. 41, § 81-R, the Board may waive strict compliance
with these Rules and Regulations in any particular case where such
action is in the public interest and not inconsistent with the intent
and purpose of the Subdivision Control Law. A waiver shall be approved
only by a motion which gives reasons why the waiver is appropriate,
and which motion shall be supported by a majority of the members of
the Board. The Board may make its approval of a waiver conditional
upon certain requirements for the proposed subdivision.
2.Â
If
the applicant wants certain requirements waived for a plan submitted
pursuant to these Rules and Regulations, the request for waiver shall
be submitted together with the application. The request for waiver
shall state the particular rule and regulation for which a waiver
is requested and give the justification for the waiver.
3.Â
If
the Board fails to make the findings to grant a waiver, the waiver
request shall be considered denied.
4.Â
If
no waiver request is submitted, the noncompliance with these Rules
and Regulations may provide the basis for determining that the application
is not a proper submittal or that it should be denied.
|
Failure to comply.
[Added 1-8-2002] | ||
|
Failure to comply with the provisions of these Rules and Regulations
Governing the Subdivision of Land in Andover, Massachusetts, shall
be reason for denial of a subdivision filed thereunder.
| ||
|
Modification after approval of subdivision.
[Added 1-8-2002] | ||
|
Waivers may not be granted after the approval of a subdivision
without a subdivision modification. Any and all deviations from the
approved, endorsed and recorded subdivision plans shall require a
modification to a subdivision plan to be filed in accordance with
MGL c. 41, § 81W.
| ||
B.Â
Records.
The Board shall maintain an accurate record of all the plans upon
which it takes action and of its findings, decisions and recommendations
in relation thereto.
C.Â
Amendment.
1.Â
The
Board may from time to time amend these Rules and Regulations by appropriate
action taken at a public hearing, as required by SCL, Section 81Q.
2.Â
All
plans submitted under the SCL and all plans evolved therefrom shall
be governed by the rules and regulations in effect at the time of
submission of the plan, provided that a Form C plan is duly submitted
within seven months from the date on which its Form B plan, if any,
was submitted.
D.Â
Partial
invalidity. If any provision or provisions of these Rules and Regulations
are finally adjudged invalid by a court of competent jurisdiction,
such action shall not affect the validity of any other provision nor
of the rules and regulations as a whole.
A.Â
These
appendixes contain forms, application forms, pictorial representations,
charts, graphs and other such materials developed and used by the
Board in the orderly and reasonable administration of its duties under
the SCL. They are included here as a convenience to the applicant
and to assist the Board in administering the SCL.
B.Â
These
appendixes may from time to time be added to or diminished in number
by the Board without a public hearing; and any item now or hereafter
a part of the appendixes may be modified, amended or changed, also
without public hearing.
[1]
Editor's Note: The Appendixes are included at the end of this
chapter.
