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:
APPLICANT
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]
AUTHORIZED AGENT/BOARD'S DESIGNEE
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]
BASE FLOOD ELEVATION
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.
BOARD
The Town of Andover Planning Board. A quorum for a meeting
or hearing is three members.
[Amended 1-8-2002]
DATE OF SUBMISSION
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.
DEVELOPER
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]
DRAINAGE
The control of surface water within the tract of land to
be subdivided.
EASEMENT
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]
ENGINEER
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]
ESSA
Environmental Science Services Administration; the federal
agency formerly entitled "United States Coastal and Geodetic Survey."
FORM A
An application for endorsement of a plan believed not to
require Planning Board approval. See Form in appendix.
FORM B
An application under SCL Section 81S for the filing of a
preliminary plan. See Form in appendix.
FORM C
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.
LAND SURVEYOR
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]
LOT
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]
PERFORMANCE GUARANTY
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
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]
REGISTER OF DEEDS
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]
RULES AND REGULATIONS
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.
SCL
Subdivision Control Law, Chapter 41, Sections 81K through
81GG, inclusive, of the Massachusetts General Laws, as from time to
time amended.
STABILIZE
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.)
STAFF
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.
STOP-WORK ORDER
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.
STREET
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]
STRUCTURE
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]
SUBDIVISION
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.
A public way certified by the Town Clerk as being maintained
and used as a public way;
B.
A way shown on a plan theretofore approved and endorsed in accordance
with the Subdivision Control Law; or
C.
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.
TURNAROUND (CUL-DE-SAC)
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]
UTILITIES
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]
WAY
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]
WETLAND RESOURCE AREA
Those areas subject to protection under the Massachusetts Wetlands Protection Act (MGL c. 131, §
40) and the Andover Wetlands Protection By-Law and Regulations.
[Added 1-8-2002]
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. Procedure
sequence.
1. 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. 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. 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. 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. 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. 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. Street
acceptance documentation. The applicant shall submit the following
documents and materials to the Board:
1. 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. 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. 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. 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]
5. Certificate
of compliance with conditions imposed on the development by the Conservation
Commission under the Wetlands Protection Act in a form acceptable to the Conservation Commission.
6. 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. 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. 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. 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. Special
requirements.
1. 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. 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. 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.