Any person who wishes to submit a definitive plan of land to
the Planning Board for its approval shall complete the following steps:
A.
Form C filing with Town Clerk. The applicant shall file a definitive
subdivision application, using a Form C,[1] with the Town Clerk by hand delivery or by registered
mail, postage prepaid. Three copies of the Form C shall be stamped
by the Town Clerk. One copy shall be kept in the Clerk's files, with
the other two to be kept in the Planning Board office.
[1]
Editor's Note: Form C is included as an attachment to this chapter.
B.
Notice to Board of Health, with plans. The applicant shall give written
notice to the Board of Health, together with a copy of Form C and
one copy of the definitive plan.
C.
Notice to Board, with sets of plans. Written notice shall be given
to the Planning Board, together with two copies of the application
forms (Form C, one original and one copy), nine contact prints of
the plans and a reproducible Mylar.
D.
Filing fees.[2]
(1)
Base filing fee. Please refer to the current Schedule of Planning
Board Filing Fees.
(2)
Modification filing fee. Please refer to the current Schedule
of Planning Board Filing Fees.
(3)
Project review fee. Please refer to the current Schedule of
Planning Board Filing Fees.
[2]
Editor's Note: The Planning Board Filing Fees are on file
in the Town offices.
E.
Site evaluation statement. Submit an environmental and community impact analysis, if required. (See § 255-5.4.)
F.
Certified copy of deed/proof of ownership. A certified copy of the
recorded deed for the parcel for verification of ownership and form
to allow authorization to do so if applicant is other than owner.
G.
List of names of abutters. A list of the names and mailing addresses
of all abutting property owners as they appear in the most recent
tax list(s). This list shall not be more than six months old. The
list must include property owners on the opposite side of any street
abutting the subdivision and abutters to abutting property owners
within 300 feet of the property under development consideration. The
list of owners and their mailing addresses shall be certified by the
Assessor's office. Two sets of the addressed and stamped envelopes
containing the names of the abutters must be provided to facilitate
notice to the abutters.
H.
List of waivers. If applicable, a list of any waivers of the regulations being requested, and the reasons for requesting such waivers. Please refer to § 255-2.7 regarding general procedures for waivers.
I.
Construction schedule. The approximate scheduled time within which
the ways in the subdivision will be completed and the public utilities
and other improvements required by the Board will be installed therein.
If the approved time is exceeded, the bond or conditional approval
may be exercised or the approval may be rescinded.
J.
Type of performance guarantee. A statement of the type of performance
guarantee which the applicant plans to submit in the event of approval
of the definitive plan.
K.
Quitclaim deed to streets subject to acceptance; and to open space
areas subject to Town purchase. Upon approval of a subdivision, a
sample quitclaim deed, including the descriptions of all streets and
ways to be dedicated, shall be placed with the Planning Board of the
Town of North Andover.
L.
Modification of definitive subdivision. No modification, amendment,
or rescission of the approval of a plan of a subdivision or changes
in such plan shall affect the lots in such subdivision which have
been sold or mortgaged in good faith and for a valuable consideration
subsequent to the approval of the plan, or any rights appurtenant
thereto, without the consent of the owner of such lots, and of the
holder of the mortgage or mortgages, if any, thereon; provided, however,
that nothing herein shall be deemed to prohibit such modification,
amendment or rescission when 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 Board.
A.
Sheets required.
(1)
The definitive plan shall be prepared by a professional engineer
or by a professional land surveyor registered in the Commonwealth
of Massachusetts. A set of definitive subdivision plans shall contain
the following sheets, unless otherwise approved by the Board:
B.
Plans to be prepared per Registry of Deeds rules and regulations;
Land Court Manual of Instructions. All plan sheets shall be prepared
in accordance with the rules and regulations of the Register of Deeds
or the Land Court Manual of Instructions. Plan sheets shall be 24
inches by 36 inches with a minimum of 3/4-inch borders.
C.
Signature blocks; space for revision dates. Each sheet shall be provided
with a signature block for the endorsement by the Board and certification
by the Town Clerk, with spaces for annotating dates of approval and
conditions of endorsement. Each sheet shall also be provided with
a space for listing and dating revisions to the plan; a sample is
placed in the appendices.[1]
[1]
Editor's Note: The sample is on file in the Town offices.
D.
Title block, owner/developer information. Each sheet, other than
the cover sheet, shall contain a title block in the lower right corner,
identifying the name of the subdivision, the title of the sheet, the
name and address of the record owner and applicant, date and scale
of the plan, and the name and address of the firm or individual preparing
the plan; a sample is placed in the appendices.[2]
[2]
Editor's Note: The sample is on file in the Town offices.
E.
Seal/Signature of RPE/RLS. The original Mylar and Form C shall bear
the original seal and signature of the professional(s) responsible
for the preparation of the plan.
F.
Plan contents. The plans shall include the following information:
(1)
Cover sheet.
(a)
Subdivision name, name and address of record owner, name and
address of the applicant, a locus plan at a scale not smaller than
one inch equals 1,400 feet, identification of the zoning district(s),
and index to all the plan sheets, a legend, project benchmark data,
reference and identification of the starting benchmark, date of submission,
and the names and addresses of the professional(s) engaged in the
preparation of the plans and a description of the area of responsibility
of each professional.
(b)
Notation 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)
Lot layout plan. The plan shall be prepared at a scale of one
inch equals 40 feet, unless otherwise required by the Board, and show
the following information:
(a)
Bearings, distances and curve data to readily determine the
location, direction, and length of every existing and proposed lot
line, street line, way, easement and boundary line in and abutting
the subdivision;
(b)
Location and names of all abutters as they appear on the most
recent tax list, including owners of the property on the opposite
side of all streets abutting the subdivision;
(c)
Location of all permanent monuments, identified as to whether
existing or proposed. Ties, with bearings and distances, shall be
shown to a minimum of two existing permanent monuments in or adjacent
to the subdivision;
(d)
All benchmarks and elevations shown on the subdivision plans
shall be based on the National Geodetic Vertical Datum of 1929 (NGVD),
and the starting NGVD benchmark shall be referenced on the plans;
(e)
The area of each lot and any easements, in square feet and in
acres. The units of acres shall be rounded to a minimum of three decimal
places;
(g)
Any lot(s) not meeting the minimum frontage, lot width, or lot
area in accordance with the requirements for the zoning district in
which it is situated. Such lots shall be designated as "not a building
lot";
(h)
Lot numbers enclosed in a circle and house numbers as assigned
by the DPW;
(i)
Location, names, status, and widths of pavement and right-of-way
of all existing streets bounding, approaching or within a reasonable
distance of the subdivision and a notation if any of the streets is
designated as a "scenic road";
(j)
All existing structures in the subdivision and within 50 feet
of the perimeter of the subdivision;
(k)
Proposed structures on lots, the configuration of such structures
and all proposed grading associated with such structures;
(l)
All stone walls, fences, cart paths, water bodies or watercourses
bounding or crossing the subdivision;
(m)
Zoning district(s) classification(s) of the land in the subdivision
and the precise location of the boundaries of these district(s);
(n)
Reference(s) to any existing or proposed covenants and/or restrictions,
including any variances or special permits either granted or required
by the North Andover Planning Board, the Zoning Board of Appeals or
the North Andover Board of Selectmen. Recorded copies of said covenants,
restrictions and/or zoning relief shall be provided to the Board;
(o)
References to all deeds and plans of record used to establish the property lines of the subdivided parcel and of all the streets, ways and easements, including deed references to the abutting lots (See § 255-5.1G.);
(p)
A clearly marked North arrow, which shall be identified as to
whether it is magnetic or true north or shall be referenced to a record
plan and so stated.
(3)
Grading, drainage and utilities plan. The plan shall be prepared
at a scale of one inch equals 40 feet with a two-foot contour interval,
unless otherwise required by the Board, and show the following information:
(a)
Existing and proposed boundaries of all lots, streets, ways
and easements within and adjacent to the subdivision;
(b)
Existing contours in the subdivision and extending 50 feet beyond
the perimeter of the subdivision. Spot elevations shall also be shown
in areas where the existing grades are 1% or less;
(c)
Proposed contours indicating the finished grades of all proposed
construction in the subdivision. Spot elevations shall also be shown
in areas where the finished grades are less than 1%;
(d)
The extent of all existing and proposed streets, drives, walks,
handicap ramps, parking areas and the like;
(e)
Center line with stations of all proposed streets;
(f)
All stone walls, fences, and cart paths within, bounding or
crossing the subdivision;
(g)
All existing structures in the subdivision and within 50 feet
of the perimeter of the subdivision;
(h)
All existing wells and septic systems, that can be observed
and/or are on file with the Town of North Andover Board of Health,
in the subdivision and within 100 feet of the perimeter of the subdivision;
(i)
Location of all proposed structures, wells, and septic systems
in the subdivision, including all required setback dimensions to lot
lines, wells, septic systems and presumed wetland resource areas boundaries;
(j)
Location and identification of all groundwater observation and
percolation test pits and/or borings in or adjacent to the subdivision.
Logs of observed data of these tests shall be shown on the definitive
subdivision plans (use an additional sheet, if necessary);
(k)
Existing and proposed watercourses, drainage ditches, streams,
brooks, water bodies, retention swales and/or detention basins, including
annual and one-hundred-year high water elevations;
(l)
Where feasible, indicate location and identification of all
wetland resource area boundaries in and within 100 feet of any proposed
construction, land regrading and/or wetland resource area alteration
within the subdivision. Wetland resource area boundaries shall be
delineated in the field with numbered flags by a qualified wetland
resource areas specialist, surveyed and shown on the plan(s) with
the reference to flag numbers. The resource areas shall be identified
in accordance with the Massachusetts Wetland Protection Act (MGL c.
131, § 40) and the Town of North Andover Wetlands Protection
Bylaw;[4]
(m)
The location of the one-hundred-year flood boundary, as shown
on the Flood Insurance Rate Map (FIRM), in and within 100 feet of
the subdivision;
(n)
The location and type of all existing and proposed above- and
below-ground utilities;
(o)
The location and identification of all permanent project benchmarks
in the subdivision. A minimum of two benchmarks are required for each
street;
(p)
The location, size and type of all proposed street trees. Street tree species shall be in accordance with the accepted species and installation practices as referred to in § 255-6.18 of these regulations;
(q)
The location and methods of all proposed erosion/sedimentation
control within the subdivision;
(r)
The location of proposed stocking area(s) for "earth" materials;
(s)
Existing and legally allowed stump dump(s);
(t)
The location of proposed area(s) for disposal of surplus "earth"
materials. The finished grades of these areas shall be indicated by
contours and/or spot elevations with the volume of "fill" indicated;
(u)
The location of area(s) to be utilized for borrow materials.
The finished grades of these areas shall be indicated by contours
and/or spot elevations with the volume of material indicated;
(v)
That if excess "earth" materials are proposed to be disposed
of off site, then a notation stating the volume of "earth" to be removed,
as defined in the Town of North Andover Zoning Bylaw[5] and/or the requirements of the Town Earth Removal Board
regarding sand, gravel, or loam, shall be provided on the plan(s).
Permits for such earth removal shall be obtained from the special
permit granting authority prior to filing a definitive subdivision
plan. This volume shall include all amounts of "earth" proposed to
be removed for the construction of streets, sidewalks, driveways,
structures, and all other improvements related to the subdivision.
If no "earth" is to be removed, a statement to such effect shall be
included on the plan(s);
(w)
A notation stating the volume of "fill" material proposed to
be obtained off site, including borrow, gravel, and other materials
necessary for the construction of the streets, sidewalks, driveways,
structures, and all other improvements related to the subdivision;
(x)
A note which says "No building or structure shall be built or
placed on any lot without a permit from the Board of Health, if such
a permit is required."
(4)
Street plan and profile.
(a)
This sheet shall show the plan of the proposed streets drawn
to a scale of one inch equals 40 feet with the existing and proposed
profiles, drawn directly below the plan at a horizontal scale of one
inch equals 40 feet and a vertical scale of one inch equals four feet,
unless otherwise required by the Board.
(b)
The street plan shall show the following information:
[1]
Bearings and distances of all tangents along the center line
and the right-of-way;
[2]
Radii, arc length and central angle of all curves along the
center line and right-of-way;
[3]
Points of intersection of all tangents (pi's), with tangent
lengths, of all center-line curves;
[4]
Stations shall be clearly marked at fifty-inch intervals along
the street center line and at points of curvature and tangency (pc's
and pt's) of all curves. Where the center line intersects itself or
other proposed streets, the point of intersection shall be clearly
marked with a station equation;
[5]
Existing and proposed lot lines intersecting the right-of-way,
with the frontage and lot numbers shown;
[6]
Bearings and distances of all lines of existing and proposed
easements;
[7]
Existing and proposed pavements, including dimensions of all
streets, sidewalks, handicapped ramps, driveways and parking areas;
[8]
Existing and proposed curbs and berms and identification of
the materials;
[9]
Existing and proposed drainage facilities with pipe sizes and
materials, including catch basins, manholes, culverts, headwalls,
detention and/or retention basins, and outlet pipes/structures with
rim and invert elevations, as applicable;
[10]
Existing and proposed water mains with sizes and
materials, including hydrants, gates and appurtenances;
[11]
Existing and proposed sewer mains with sizes and
materials, including manholes with rim and invert elevations;
[12]
Existing and proposed gas mains;
[13]
All other existing and proposed, above- and below-ground,
utilities including electric, telephone, cable TV, poles, conduits,
transformers and appurtenances; existing and proposed street trees;
[14]
Two permanent benchmarks shall be shown on the
plan for each street. Benchmarks shall be identified with sufficient
data to readily determine their location and elevation in the field.
(c)
The street profile shall show the following information:
[1]
Existing center-line profile drawn with a fine dashed line and
the existing elevations labeled at fifty-foot intervals;
[2]
Existing left and right, right-of-way profiles drawn in fine
lines, dot-dash for left and dot-dot-dash for right, with limits of
normal crown and superelevated sections and the percent of superelevation
shown;
[3]
Proposed center-line profile drawn in solid line with proposed
stations and elevations labeled at fifty-foot intervals and at points
of vertical curvature, gradient intersection, and tangency (pvc, pvi,
and pvt). Where the center line intersects itself or other proposed
streets, the point of intersection shall be clearly marked with the
existing and proposed elevation and station equation;
[4]
Gradient lines shall be labeled, with the rate of grade expressed
as a percent;
[5]
Lengths of all vertical curves shall be labeled, including applicable sight distances and other information required in the design standards for streets, § 255-6.8;
[6]
Existing and proposed drainage facilities, including drainage
lines, catch basins, manholes, culverts, headwalls, outlet pipes/structures
shall be drawn in solid lines showing pipe sizes, pipe slopes, rim
and invert elevations. Stations and offsets shall be indicated for
all catch basins, manholes, culverts, headwalls and outlet pipes/structures;
[7]
Existing and proposed water pipes shall be drawn in solid lines
showing pipe sizes, depths of cover, laterals to hydrants and station
and offset(s) to hydrants;
[8]
Existing and proposed sewer pipes and manholes shall be drawn
in solid lines showing pipe sizes, pipe slopes, rim and invert elevations,
and station and offsets to manholes;
[9]
Vertical clearances shall be labeled between all crossing utilities;
[10]
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;
[11]
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.
(5)
Typical sections, details and notes.
(a)
Typical cross-section of each street (if more than one type)
showing width of the right-of-way, width of pavement, curbs, cross
slope, sidewalk(s), grass strips, utility locations and depths of
cover, thickness and types of pavements for the street and sidewalk,
thickness of street and sidewalk base courses, thickness of loam,
location of guardrail, existing and proposed grades, and the maximum
grade of return to existing grade. One side of the section shall indicate
a typical "fill" and the other a typical "cut";
(b)
Typical cross-section(s) and details of all proposed retention
and/or detention basins showing existing and proposed grades, details
of inlet pipes with inverts and full flow capacity, outlet control
structures and pipes with inverts and full flow capacity, ten- and
one-hundred-year stormwater elevations, details and elevations of
emergency spillway structure(s), embankment construction and slope
treatment, top of dam elevation, and volume of storage capacity;
(c)
Profiles of all cross-country drain pipes, swales or ditches,
with typical cross sections of each;
(d)
Details of drainage structures, including catch basins, manholes,
headwalls, flared-end sections, outlet and velocity control structures,
rip-rap slopes and channels;
(e)
Details of sewer manholes and drop inlet structures;
(f)
Details of hydrants, blow-off valves and thrust blocks;
(g)
Detail(s) of curb installation(s);
(h)
Detail of handicap ramp;
(i)
Detail of guardrail(s);
(j)
Detail(s) of erosion/sedimentation control devices;
(k)
Plans, details, sections, and profiles of any other utility,
structure or facility proposed in the subdivision;
(l)
All plans and profiles shall be drawn at a horizontal scale
of not less than one inch equals 40 feet and a vertical exaggeration
not greater than one inch equals four feet; details and sections shall
be drawn at a scale of not less than one inch equals four feet or
approximately 1/4 scale if drawn "not to scale," unless otherwise
approved by the Board;
(m)
Specific and general notes identifying the standards for materials
and construction methods of all the elements in the subdivision. Accepted
standards and specifications include the following:
[1]
American Society for Testing and Materials (ASTM);
[2]
American Water Works Association (AWWA);
[3]
Commonwealth of Massachusetts Department of Transportation Standard
Specifications for Highways and Bridges;
[4]
State Environmental Code - Title 5;
[5]
Specifications by the Town of North Andover as set forth Appendices
I through IX, inclusive, of these rules and regulations.[6]
[6]
Editor's Note: Appendices I through VI are included as attachments to this chapter; the remaining appendices are on file in the Town offices.
(6)
Test data. The following test data shall be submitted:
(a)
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.
(b)
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 F(6)(a) above.
(c)
Soil borings or test pits shall be made along all proposed roadways
at locations and to depths determined by the Director of Public Health.
The Director of Public Health shall view the open pits. Samples and
boring logs shall be submitted to the Director of Public Health 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. Where the
roadway will be "cut" with side slopes 10 feet or greater in height,
the soil exploration shall include borings or test pits to obtain
soil type and groundwater elevation information sufficient to determine
if permanent slope erosion protection devices are required.
(d)
The plan shall include a calculations package prepared by the
professional land surveyor which indicates the perimeter, lot, and
right-of-way closure calculations.
A separate stormwater management report shall be submitted together with the definitive subdivision plans. The report shall be prepared in accordance with the applicable provisions of § 255-6.14 and Appendix V of these Regulations.[1]
[1]
Editor's Note: Appendix V is included as an attachment to this chapter. See also the Stormwater Management Bylaw in Ch. 190 and its accompanying regulations in Ch. 250.
A.
Applicability.
(1)
Any subdivision of any residential subdivision which creates
frontage for six or more dwelling units, and all nonresidential subdivisions,
shall be accompanied by eight copies of an environmental and community
impact analysis. The Board may require portions of this analysis to
be carried out for shorter roads if, in its opinion, the sensitivity
of the land, neighborhood or infrastructure warrants the investigation.
The environmental and community impact analysis shall clearly and
methodically assess the relationship of the proposed development to
the natural and man-made environment of North Andover. This report
shall be prepared by professionals qualified, experienced, and, as
applicable, licensed in their fields. Such professionals may include
registered professional (civil) engineers, traffic engineers, architects,
landscape architects, land-use planners, hydrologists, biologists
and other environmental professionals. The applicant shall bear the
cost of this analysis.
(2)
Any further subdivision of land, over a period three years (the term beginning at the recording date of the prior plan), which in total creates six lots, shall be required to meet the requirements of Subsection A(1) above. The Planning Board may waive such requirement as it applies to this item.
B.
Purpose. This analysis shall be a guide to the Planning Board in
its deliberations and will build into the Board's decision-making
process consideration of the environmental and community impacts of
the proposed development.
C.
Concerns to be addressed. For each of the components of the environmental and community impact analysis listed under Subsection D below, each of the following concerns must be separately addressed:
(1)
The environmental and community impacts of the proposed development.
The primary and secondary environmental and community impacts, both
beneficial and adverse, anticipated as a result of the proposed development;
this section shall include all impacts resulting from the construction
phase as well as those resulting from the project's completion;
(2)
Adverse impacts which cannot be avoided should the proposed
development be implemented. The report shall describe the kinds and
magnitudes of adverse impacts which cannot be reduced in severity
or which can be reduced in severity but not eliminated;
(4)
Measures to be used to minimize adverse environmental and community
impacts. Corrective and protective measures which will be taken, as
part of the project, to minimize adverse impacts shall be described
in detail.
D.
Topics to be evaluated and level of detail required. The applicant, as part of a preliminary subdivision plan submitted in accordance with the requirements of Article IV, shall provide a draft environmental and community impact analysis. The draft shall address all pertinent aspects of § 255-5.4. The Planning Board, upon review of the draft environmental and community impact analysis, shall specify which of the following topics shall be evaluated in detail, within the definitive plan submittal. If no preliminary subdivision plan is submitted, the environmental and community impact analysis shall evaluate all of the following topics:
(1)
Natural environment.
(a)
Air and noise pollution. The impact of local air quality and
noise from the proposed development (including traffic generated from
the development), both during and after construction, shall be evaluated;
for larger developments (over 30 dwelling units), the Planning Board
may require detailed technical reports of such impacts;
(b)
Water pollution. The impact of stormwater run-off on adjacent
and downstream surface water bodies and subsurface groundwater shall
be evaluated; dangers of flooding as a result of increased downstream
runoff, especially peak runoff; and the impact of the proposed project
on water table levels shall also be analyzed;
(c)
Land. Compatibility of the proposed development with existing
soils; the impact of any soils or other such materials to be removed
from or added to the site; and the potential dangers and impacts of
erosion and sedimentation caused by the proposed development;
(d)
Plants and wildlife. The impact that the proposed project may
have on wildlife habitat and on any rare or endangered plant or animal
species known to exist in the area;
(e)
Water supply. The average and peak daily demand and the impact
of such demands on the groundwater; and
(f)
Sewage disposal. The average and peak daily disposal and the
impact of each disposal on the groundwater.
(2)
Man-made environment.
(a)
Existing neighborhood land use. Compatibility with adjacent
or nearby existing land uses, or approved private development plans,
if known, for adjacent or nearby land use changes to occur during
the life of the proposed development; if not compatible, reasons therefor
shall be detailed; and
(3)
Public services.
(a)
Schools. The expected impact on the school system, both elementary
and secondary levels, and the number of students;
(b)
Police. The expected impact on police services, time and manpower
needed to protect the proposed development and service improvements
necessitated by the proposed development;
(c)
Fire. Expected fire protection needs; on-site fire-fighting
capabilities; on-site alarm or other warning devices; fire-flow water
needs, source and delivery system and other needs shall be presented;
Fire Department service improvements necessitated as a result of the
proposed project shall also be discussed;
(d)
Recreation. On-site recreation provisions shall be detailed
and off-site recreation demands shall be estimated; provision for
public open space, either dedicated to the Town or available to its
residents or employees, shall also be described;
(e)
Solid waste disposal. Analysis of the projected volume and type
of solid waste to be generated by the proposed development and methods
of removal;
(f)
Traffic. The expected impact of traffic generated by the proposed
development on area roadways; discussion shall include existing average
and peak traffic volumes and composition, projected average and peak
traffic generation and composition, intersection impacts and analysis
of area roadway and intersection capacities; methodologies used to
make projection shall be included; and
(g)
Highway. Projected needs, responsibility and costs to the Town
of roadway maintenance shall be analyzed; impacts of construction
equipment on area roadways shall also be discussed and the impacts
of road work to be defined during construction.
(4)
Aesthetics.
(a)
Lighting. The type, design, location, function and intensity
of all exterior lighting facilities shall be described; attention
given to safety, privacy, security, and daytime and nighttime appearance
shall be detailed;
(b)
Landscaping. Provisions for landscaping shall be described,
including type, location and function of all plantings and materials;
and
(c)
Visual. Attention given to views into the site and from the
site shall be described; included shall be long-distance views as
well as views to and from adjacent properties.
(5)
Planning. Analyze the compatibility of the proposed development
and its alternatives with the goals and objectives of the most recent
Master Plan and the most recent Open Space and Recreation Plan.
(6)
Traffic impacts. The applicant shall provide an analysis of
development impact which, at a minimum, includes the following:
(a)
The existing level of service (LOS; see definition below) of
relevant road systems, including quantitative and qualitative measurements
of operational factors, including speed, travel delay, freedom to
maneuver and safety;
(b)
Expected change in the condition of relevant road systems as
a result of the proposed development;
(c)
The comparison on a per-acre basis of the total vehicular traffic
generation from the proposed development with:
(d)
In determining the impact of vehicular traffic generation from
a development, the following standards and definitions shall be used
(unless the applicant demonstrates to the Planning Board that, given
the nature of the proposed project or applicable road systems, other
standards are appropriate:
[1]
Trip generation rates for land uses as listed in the most recent
update of Trip Generation, Institute of Transportation Engineers,
Washington, D.C.; and
[2]
Levels of service. "Level of service (LOS) is a term which traffic
engineers use to define the various operating conditions that occur
on a roadway or intersection when accommodating various traffic volumes;
although LOS is a qualitative measure of traffic flow, it is an acceptable
measurement for determining overall impact of development on roadway
networks:
[a]
LOS "A" is associated with relatively free-flow and average
overall traffic speed in excess of 30 miles per hour;
[b]
LOS "B" represents stable flow with minor delays and speeds
of 25 miles per hour or greater;
[c]
LOS "C" corresponds to the design capacity of a road system
and indicates stable flow with delays, and speeds of 20 miles per
hour or more;
[d]
LOS "D," "E," and "F" correspond to decreasing abilities to
travel greater than 15 miles per hour and correspond to the over-capacity
of the road system.
(7)
Cost/Benefit analysis. The applicant shall provide a cost/benefit
analysis of the development at full build-out; this municipal cost/benefit
analysis should follow standard and usual procedures for measuring
both the benefits to be derived and costs to be incurred by the Town
of North Andover as a result of the proposed development; this also
should estimate net benefits or costs of nonquantifiable environmental
impacts.
(8)
Cost estimate. The applicant shall provide a complete cost estimate
for the proposed subdivision street utilities, stormwater management
and erosion protection facilities and other portions of the proposed
infrastructure required for the subdivision development. The cost
estimate will be used to determine the amounts required for performance
bonds, or other types of guarantee, and for estimates of inspection
costs. The estimate shall include quantities of all materials and
work, and the unit prices used by the applicant to produce the cost
estimate.
(9)
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.
(a)
The plan shall consist of three parts:
[1]
A narrative intended to summarize for the plan reviewer the
project aspects important for erosion control. At a minimum, the narrative
shall contain:
[a]
A brief description of the proposed land-disturbing
activities, existing site conditions and adjacent areas (such as streams,
protected wetland resource areas as defined by the North Andover Wetlands
Protection Bylaw[3]) that might be affected by the land disturbance;
[b]
A description of critical areas on the site (areas
that have potential for serious erosion problems);
[c]
The expected length of time of destabilization;
[d]
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.
[e]
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.
[2]
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:
[a]
Existing site contours at an interval sufficient
for distinguishing runoff patterns before and after disturbance.
[b]
Limits of clearing and grading;
[c]
Proposed final contours;
[d]
Location of the project relative to highways, municipalities,
major streams or other identifiable landmarks (locus map);
[e]
Existing vegetation (grassy areas, major groups
of trees and unique species);
[f]
Surface extent of each soil type and relative erodibility
as determined by the United States Department of Agriculture, Natural
Resources Conservation Service Soil Survey;
[g]
Critical areas within or near the project area, such as streams, lakes, protected wetland resource areas as defined by MGL c. 131, § 40 and Chapter 190 of the Code of North Andover, or major drainageways;
[h]
Location and types of both temporary and permanent
control measures;
[i]
Dimensional details of facilities.
[3]
Details including:
(b)
The following documents may be used or referred to in the preparation
of the soil erosion and sedimentation control plan:
[1]
Guidelines for Soil and Water Conservation by the United States
Department of Agriculture Natural Resources Conservation Service.
[2]
Manual of Standards for Erosion and Sediment Control Measures,
by the Association of Bay Area Governments.
[3]
Soil Survey of Essex County, MA, by the United States Department
of Agriculture Natural Resources Conservation Service.
[4]
Urban Hydrology for Small Watersheds, Technical Report 55, by
the United States Department of Agriculture Natural Resources Conservation
Service.
A.
Application review.
(1)
Within 14 days after the filing of the definitive plan application
(Form C[1]) with the Board, the Board's designee shall notify the
Board of any missing or incomplete information in the application.
Upon such notification, the Board shall notify the applicant in writing
of said missing or incomplete information in the application. At that
time, the applicant may withdraw an incomplete application by notifying
the Board and the Town Clerk, in writing, of the decision to withdraw
the application from consideration. If the applicant withdraws the
application, the filing fee shall be forfeited.
[1]
Editor's Note: Form C is included as an attachment to this chapter.
(2)
If the applicant does not withdraw an incomplete application
within seven days of notification of incompleteness, the Board shall
proceed to advertise and hold a public hearing on the application
as submitted. No additional information or materials shall be accepted
for review after the receipt of application is acknowledged by the
Board without its express written consent. If the Board approves the
acceptance of additional submission materials, the applicant is required
to formally amend the application, with amendment materials being
provided to the Town Clerk, the Board of Health and the Board.
B.
Public hearing.
(1)
Upon determination by the Board that the application for approval
of the definitive plan is complete, or that it is incomplete and the
applicant has failed to withdraw or seek to formally amend the application,
the Board shall set a date for the public hearing and so notify the
applicant.
(2)
Notice of the hearing shall be typed by the Board or the Board's
designee. Then, at the applicant's expense, the applicant will advertise
the notice in a newspaper of general circulation in North Andover
in each of two successive weeks, the first publication being not less
than 14 days before the day of such hearing; and by mailing, return
receipt requested, not less than 10 days before the date of the hearing,
a copy of the advertisement to all owners of land abutting upon the
land included in the plan as appearing on the most recent tax list.
Proof of receipt of the advertisement being placed must be provided
to the Planning Department 10 days prior to the public hearing.
C.
Report of the Board of Health.
(1)
The Board of Health shall submit a written report to the Board
within 45 days after the plan is filed. Said report shall indicate
approval or disapproval of said plan and, in the event of disapproval,
shall make specific findings in the report, and, where possible, shall
make recommendations for adjustment. Failure to report within 45 days
after filing shall be deemed approved by the Board of Health. If the
proposed subdivision is to be serviced by the North Andover sewage
system, failure to report within 45 days after filing shall also be
deemed approval by the Board of Health.
(2)
Extreme care shall be practiced in the layout of a subdivision
in unsewered areas. The extent of soil evaluation shall be determined
by the North Andover Health Agent based on the Town of North Andover
Soils Maps and whatever other soil information is available. The tests
which may be required include deep hole test holes, percolation tests
and test borings, and the number of tests required shall be determined
by the North Andover Health Agent.
D.
Plan review by other Town officials.
(1)
Prior to approval of any definitive plan, the Board shall give
due regard to the reports of the Office of Planning, Conservation
Commission, Police Department, Fire Department, Health Department
and the Building Department and any technical expert hired by the
Board.
(2)
Where any deviations from the design requirements specified
by these rules and regulations or the Town of North Andover's design
standards and construction specifications are indicated on the plan,
the Board's designee shall so notify the Board and shall provide a
written statement approving or disapproving said deviation.
(3)
The Board's designee shall also provide a recommendation of the proper amount of security as required in § 255-5.7. This recommendation shall be based on information provided by the applicant on the cost of performing the various items of work described in the plans. Due to the fact that the Board is using the security as assurance of project completion, the Board may, at its reasonable discretion, factor in administrative costs, applicable prevailing wage schedules, engineering and inspection services and a contingency for the project.
A.
Action on plan; findings.
(1)
After the public hearing, the Board will approve, modify and
approve or disapprove the plan as submitted. Findings for action by
the Board shall be the following:
(a)
Completeness and technical adequacy of the plans and supporting
material;
(b)
Due regard for the provision of adequate access to all of the
lots in a subdivision by ways that will be safe and convenient for
travel.
(c)
For lessening congestion in such ways and in the adjacent public
ways.
(d)
For reducing danger to life and limb in the operation of motor
vehicles.
(e)
For securing safety in the case of fire, flood, panic and other
emergencies.
(f)
For ensuring compliance with the applicable zoning bylaws or
bylaws.
(g)
For securing adequate provisions for water, sewerage, drainage,
underground utility services, fire, police, and other similar municipal
equipment, and streetlighting and other requirements where necessary
in a subdivision.
(h)
For coordinating the ways in neighboring subdivisions.
(i)
Conformity with the design and construction standards described
in these rules and regulations and in attached appendices;
(j)
Conformity with all applicable zoning requirements.
(2)
Following such action, and within 90 days of receipt of the
definitive plan, the Board shall file a certificate of its action
with the Town Clerk and send notices of its action by certified mail
to the applicant. In the event a preliminary plan has not been filed,
or in the event that a preliminary plan previously had been filed
and disapproved by the Board, the Board shall file a certificate of
vote within 135 days of receipt of the definitive plan.
B.
Time extensions. Further time, as may be agreed upon by the Board
and the applicant, may be allowed for the Board's decision. Such time
extensions shall be at the written request of the applicant and such
notice(s) of time extension shall be filed forthwith by the Board
with the Town Clerk.
A.
Requirement for posting. Pursuant to MGL c. 41, § 81U, 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 Article VI of these regulations or as may be shown on the Form C plan.
(1)
The amount of the performance guarantee 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 guarantee.
(2)
The performance guarantee shall be in the form of a passbook account, established in the name of the applicant, 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 Subsection B(2)].
(3)
Guarantees 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)
The Board may approve a plan without establishment of a passbook
account guarantee 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 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.
(6)
If an applicant is to deposit a performance guarantee in the
form a surety,
B.
Performance guarantee procedure. The applicant shall request, in
writing to the Board, the establishment of a performance guarantee
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/she 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.
(1)
The Board's designee shall compute the amount estimated to be required to complete such subdivision improvements shown on the plan. This amount shall be adjusted to include a reasonable inflation factor under Subsection A(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)
The Board shall consider approval of the figure submitted by
the Board's designee at a public meeting. If approved by majority
vote, the Board shall notify the developer of the term of the performance
guarantee (not to exceed two years) and the amount, which shall be
a valid figure for a period of 30 days.
C.
Performance guarantee; fees for project review and inspectional services.
(1)
When conducting inspections in relation to a preliminary subdivision,
a definitive subdivision, or a special permit under the provisions
of the North Andover Zoning Bylaws,[2] the Planning Board may determine that the assistance of
outside consultants is warranted due to the size, scale or complexity
of a proposed project, because of a project's potential impacts, or
because the Town lacks the necessary expertise to perform the work
related to a preliminary subdivision, a definitive subdivision, or
a special permit under the provisions of the North Andover Zoning
Bylaws. The Planning Board may require that applicants pay a "project
review fee" consisting of the reasonable costs incurred by the Planning
Board for the employment of outside consultants.
(2)
In hiring outside consultants, the Planning Board may engage
engineers, planners, lawyers, urban designers or other appropriate
professionals who can assist the Planning Board in analyzing a project
to ensure compliance with all relevant laws, ordinances/bylaws, and
regulations. Such assistance may include, but not be limited to, monitoring
or inspecting a project or site for compliance with the Planning Board's
decision or regulations, or inspecting a project during construction
or implementation.
(3)
Prior to any expense being incurred, which would be chargeable
to the developer, the Planning Board shall provide the developer with
an estimate of the expected costs. The developer shall deposit with
the Town a cash amount equal to the total estimated cost of review
and inspection of the proposal.
(4)
Funds received by the Planning Board pursuant to this subsection
shall be deposited with the Municipal Treasurer, who shall establish
a special account for this purpose. Expenditures from this special
account may be made at the discretion of the Planning Board without
further appropriation. Expenditures from this special account shall
be made only for services rendered in connection with a specific project
or projects for which a project review fee has been or will be collected
from the applicant. Accrued interest may also be spent for this purpose.
These funds will be disbursed by the Planning Board to the reviewing/inspecting
party until expended.
(5)
Upon completion of all review and inspection services, the Planning
Board shall examine all records to ensure that all payments have been
made. In the case of an estimate being too low, the developer shall
make a final deposit to the Town in the amount of the shortfall. In
the case of an estimate being too high, the Planning Board shall refund
to the developer any unused funds, including accrued interest. The
failure of the developer to provide funds for all outstanding costs
shall be cause for a stop-work order of the proposal. A final report
of said account shall be made available to the applicant or the applicant's
successor in interest. For the purpose of the regulation, any person
or entity claiming to be an applicant's successor in interest shall
provide the Planning Board with documentation establishing such succession
in interest.
(6)
Any applicant may make an administrative appeal from the selection
of the outside consultant to the Board of Selectmen. Such appeal must
be made in writing and must be made within 20 days after the Planning
Board has mailed or hand-delivered notice to the applicant of the
selection. The grounds for such an appeal shall be limited to claims
that the consultant selected has a conflict of interest or does not
possess the minimum, required qualifications. The minimum qualifications
shall consist either of an educational degree in, or related to, the
field at issue or three or more years of practice in the field at
issue or a related field. The required time limit for action upon
an application by the Planning Board shall be extended by the duration
of the administrative appeal. In the event that no decision is made
by the Board of Selectmen within 30 days following the filing of the
appeal, the selection made by the Planning Board shall stand.
A.
Written request. Upon completion of improvements required by these
regulations, the applicant may request either partial or full release
of the bond, deposit or covenant by filing a statement of completion
and a request for release to the Town Clerk and the Board.
(1)
The
statement shall include:
(a)
Written evidence from the Board's designee that the streets
and drainage conform to the Board's requirements in accordance with
the approved definitive subdivision;
(b)
Written evidence from the Board's designee that the underground
wiring, water mains, sanitary sewers, storm sewers, hydrants and/or
other site improvements conform to the specifications and the Board's
requirements in accordance with the approved definitive plan;
(c)
Written evidence from both the Board's designee and the Director
of Engineering of the Department of Public Works that as-built and
road layout plans have been submitted and reviewed;
(d)
Written evidence from the Board's designee that the improvements
have been exposed to one complete winter environment (December 1 to
April 30) without damage, or that damage, if incurred, has been repaired
to the satisfaction of the Subdivision Inspector and the Department
of Public Works; and
(2)
Owners of record of all lots within a subdivision for which
release of all performance guarantee monies is requested shall be
given timely notice prior to the meeting at which the Board shall
vote on such release.
B.
Partial release. Prior to final release of security, the Board may,
at its discretion, grant up to three partial releases from the required
security for partial completion of improvements, provided that:
(1)
No reduction shall reduce the bond, deposit or covenant to a
value below the estimated cost of completing the unfinished portions
of the improvements;
(2)
No lot shall be released from the covenant unless and until
construction of ways and installation of municipal services up to
and including the base course of asphalt to serve said lot both have
been completed to the Board's satisfaction;
(3)
No partial release of security shall be granted until the Board
has received written verification from the Board's designee that substantially
more than 50% of the required improvements have been completed satisfactorily;
(4)
No partial release shall reduce the security by more than 50%
of the amount being held at the time the release is requested; and
(5)
No partial release of security shall be granted until the Board
has received stamped record plans documenting construction completed
to date.
C.
Final release of security.
(1)
If the Board determines that the required improvements have
been completed in accordance with these rules and regulations, it
may release the interest of the Town in any bond or deposit and return
the bond or deposit to the applicant, or release the covenant by appropriate
instrument.
(2)
However, the Board shall retain security in an amount equal
to at least 10% of the total cost of landscaping and street improvements
to ensure construction adequacy against latent defects. Such security
shall not be released until the fee in the road and any related instruments
have been conveyed to the Town and said road has been accepted at
Town Meeting.
Failure of an applicant to record the definitive plan within
six months of its endorsement by the Board at the Essex North District
Registry of Deeds or at the Land Court; or to comply with the construction
schedule incorporated into the performance agreement; or to initiate
construction of improvements in a subdivision within two years of
the approval of the definitive plan; or to comply with all applicable
Town of North Andover Zoning Bylaw[1] requirements; or to comply with the approved plans and
any conditions of approval; shall constitute grounds for rescission
of approval in accordance with the requirements and procedures set
forth in MGL c. 41, § 81W.
Any such bond may be enforced and any such deposit may be applied
by the Board for the benefit of the Town of North Andover, as provided
in MGL c. 41, § 81Y, upon failure of the performance for
which any such bond or deposit was given to the extent of the reasonable
cost to the Town of completing the construction and installing the
improvements.
A.
Acceptance. Approval by the Board of a definitive subdivision plan
shall not constitute acceptance by the Town of North Andover of any
street, sidewalk or other municipal service within the subdivision.
B.
Ownership.
(1)
The applicant shall retain title to the fee of each street,
path or easement in, or appurtenant to, the subdivision until conveyed
to the Town and shall maintain and repair the streets and improvements
in a manner satisfactory to the Town, acting by and through its Board,
during this period. A notation shall be made on the plans which indicates
the applicant's ownership of said street(s) pending acceptance by
the Town.
(2)
If the Town must maintain a portion of or enter the subdivision
for the purpose of public safety, emergency purposes, or otherwise,
the Town reserves the right to charge the applicant for services rendered.
(3)
Prior to final release of security, the applicant shall submit
to the Board and the Town Counsel all the necessary documentation
for street acceptance, including, but not limited to, plans in a form
acceptable to the Registry of Deeds or the Land Court, a street layout
plan, legal descriptions, easements, a list of owners and mortgagees
of lots having rights in the street(s), and all other necessary grants,
or deeds or instruments affecting a locus.
C.
Maintenance by applicant. The applicant shall be responsible for maintaining in good repair all streets in the subdivision after release of the security, as required in §§ 255-5.7 and 255-5.9 or until the streets are accepted by the Town Meeting. To assure such responsibility, the applicant shall guarantee the maintenance of the streets in the subdivision in a condition which meets all the requirements of these rules and regulations to the satisfaction of the Board, by posting with the Town a maintenance security, in an amount sufficient in the determination of the Board, to secure the aforesaid maintenance. The applicant shall be responsible for maintenance of all improvements within the street, from edge to edge of the right-of-way, as shown in Figure 1.[1]
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
The Board may impose as a condition of approval on a definitive
plan that construction of all ways and all installation of municipal
services shown on the plan be completed within two years of the date
of approval. For purposes of clarification, "completed" shall be defined
as the utilities being installed and the streets or ways constructed
to binder coat two years from the date of definitive plan approval.
If the construction and installation is not completed within a two-year
period, the approval shall automatically lapse and no way shall be
laid out, constructed or opened for public use unless and until a
new definitive plan application has been filed in accordance with
the rules and regulations then in effect and the new plan has been
approved by the Board.
The Board, its officers and agents may, as far as they deem
necessary in carrying out the Subdivision Control Law, enter upon
any lands and there make examinations and surveys or place and maintain
monuments and marks.
A.
An accurate "as-built" plan and profile of the roadway(s) and associated
site improvements, prepared by a registered professional engineer
and registered professional land surveyor, shall be submitted to the
Board after completion of the construction and prior to any partial
release. Said plan shall indicate the record location of all municipal
services as actually installed. Sufficient ties, including depths
shown as profiles, for the proper and accurate identification and
location, shall be provided. Additional information to be provided
includes, but is not limited to, the location and size of sewer pump/lift
stations, location and total storage provided of detention ponds,
and other similar facilities.
B.
Prior to a final bond release, a final as-built plan and profile,
prepared at the same scale as the approved subdivision plan drawn
to the requirements of the Registry of Deeds, shall be submitted to
the Planning Board for approval. The as-built plan and profile shall
bear the certification of both a registered professional civil engineer
and land surveyor that all utilities shown thereon are as-built as
to location and grade, that all stone-bound monuments have been properly
and accurately set in accordance with professional land surveying
standards and that the roadway is within the right-of-way lines as
shown, and that the subdivision is entirely, as constructed, in accord
with the proposed grading plan and that the drainage patterns conform
to the drainage analysis as submitted and approved by the Planning
Board. Final as-built plans and profiles shall include, as a minimum,
the following information:
(1)
Rims, size, type and inverts of all drainage and sewer pipes.
(2)
Location, type and elevation of all water mains, including gates,
tees, services and hydrants.
(3)
Location and type of all underground electrical, telephone,
fire alarm and cable lines, including services to lots, transformers,
utilities and junction boxes.
(4)
Water service shut-off boxes to each lot, with linear ties to
a permanent structure or monument.
(5)
Location of all gas lines, including lot services and shut-offs.
(6)
Curbing, including sizes and type.
(7)
Sidewalks and grass plots, including type and width and handicap
ramps.
(8)
Driveway curb cut from edge of pavement to right-of-way lines.
(9)
Center line stationing, with monument stationing.
(10)
Top and bottom of fill and cut slopes adjacent to the roadway.
(11)
Center line profile elevations at every fifty-foot station and
at high and low points.
(12)
Width of roadway pavement.
(13)
Utility and light poles with guys.
(14)
Street signs.
(15)
Permanent benchmarks on each sheet.
(16)
Landscaping and tree plantings.
(17)
All off-roadway drainage facilities, including easements, swales,
appurtenances and final landscaping. If a detention/retention basin
is part of the subdivision, provide enough spot elevations on the
bottom and top of side slopes to indicate that the basin will have
proper staging as approved.
(18)
Notation of any changes that deviate from the endorsed and recorded
plans and the authority that allowed such change to be made;
(19)
A Mylar of the endorsed and recorded plans in the same scale
required of the as-built final plans with a clear film so an overlay
can be made to quickly distinguish any changes which may deviate from
the endorsed and recorded plans.
C.
The applicant shall submit an interim as-built drawing, with completed
municipal services, for review and acceptance by the Board, before
the placement of any pavement.
D.
A statement shall be provided on the "as-built" plans that the information
provided conforms to these regulations, to the design intent of the
design engineer and that any exceptions, exclusive of granted waivers,
shall be noted on said plan. The "as-built" plan shall be recorded
in the Registry of Deeds upon the release of all lots and completion
of all ways and utilities.
A.
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.
Establishment of conditions.
(1)
In the interest of orderly development of the Town of North
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)
These conditions of approval will normally address but need
not be limited to such matters as: plan recording, subdivision improvements,
performance guarantees, construction scheduling, grading, earth movement,
wetland resource areas, 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 MGL and with particular federal or state statutes
and local bylaws deemed relevant by the Board.
(3)
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)
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 the 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.
C.
Recording the conditions. Following expiration of the twenty-day
appeal period following approval of the plan, the applicant may record
the plan and the decision containing the conditions of approval, to
be recorded at the Registry of Deeds. Thereupon the conditions shall
be known and referred to as "restrictions." A copy of the recorded
decision and the recorded plan shall be made available to the Planning
Office.
D.
Partial release of conditions. Upon the delivery to the Board of the performance guarantee required by § 255-5.7, 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.
E.
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:
(1)
The North 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)
The North Andover Department of Public Works shall certify that
properly installed water service appurtenant to the lots and adequate
under standards generally applied in North Andover has been installed
and approved;
(3)
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)
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.
F.
Minor amendments to conditions. Minor amendments or changes to conditions
of approval or restrictions may be made but only upon the following
circumstances: 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.
Substantial modification or amendment of a Form C approval or of its conditions. Any modification or amendment of a Form C plan or its conditions which is not minor shall be made only pursuant to MGL c. 41, § 81W and shall be subject to the submission, notice, hearing, and approval requirements of the MGL and these rules and regulations. (See § 255-2.7E.)
H.
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)
The Board, through its staff, shall have the authority to enforce
the conditions of the Board's approval of the plan.
(2)
Infractions deemed by the Board or its staff to be minor in
nature shall result in the applicant being notified of such infraction
and directed to take corrective actions.
(3)
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)
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.
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.
General provisions.
(1)
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.
(2)
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.
(3)
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.
(4)
Street acceptances within a subdivision are the financial and
legal responsibility of the applicant.
B.
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)
The applicant shall contact the Town Clerk's office to find
out the deadline for submitting the actual warrant article to ensure
its place on the Town Meeting warrant. A copy of the as-built and
layout plans shall be placed on file with the Town Clerk at the time
of submission of the warrant article.
(3)
The applicant should meet with the Town Planner at least four
months prior to the Town Meeting date to review any outstanding issues
or missing forms within the subdivision and/or file itself.
(a)
The applicant shall submit all required documents and materials to the Planning Department (See Subsection C, Street acceptance documentation) and other applicable departments listed below at least three months prior to the Town Meeting. The applicant shall send any legal documentation required (all deeds, easements, conveyance of open space land to the Town, certificate signed by the applicant's attorney certifying that all necessary parties have signed all easement instruments, street deeds and open space deeds, etc.) to Town Counsel for review of this documentation, accompanied by a letter explaining on which subdivision street acceptance is being requested and for Town Counsel to review the enclosed documentation. The applicant must also send a copy to the Staff Engineer at the Public Works Department so he/she can verify that the deeds and easements match up to those depicted on the as-built plans.
(b)
A copy of these requests must be submitted to the Planning Department
for its records.
(4)
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.
(5)
At least 45 days prior to Town Meeting, in the case of documents
to be corrected, the applicant shall submit the corrected documents
to Town Counsel and/or the Town Engineer for final review. A copy
of the resubmitted documentation shall be provided to the Planning
Department.
(6)
The applicant will be scheduled for a public hearing (prior
to Town Meeting) in front of the Board of Selectmen so that it may
also make a recommendation to Town Meeting. The applicant can contact
the Selectmen's Office to find out when it will be scheduled for its
public hearing.
(7)
If the applicant has received favorable recommendations from
DPW, Town Counsel and the Planning Department, the applicant will
be placed on the next available Planning Board meeting (prior to Town
Meeting) so that it can receive a recommendation from the Planning
Board to be made to Town Meeting.
(8)
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.
(9)
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.
C.
Street acceptance documentation. The applicant shall submit the following
documents and materials to the Planning Department:
(1)
Certificate of completion request to the Planning Department
relative to the subdivision. A copy of this request shall also be
made simultaneously to the Department of Public Works and/or the inspecting
agent.
(2)
The applicant shall also send a memorandum to the DPW requesting
a final punch list of outstanding items to be completed within the
subdivision.
(3)
The applicant shall submit a copy of the stone bound certification.
(4)
The applicant shall submit to the Planning Department and the
Department of Public Works (if it has not previously submitted) a
Mylar of as-built plans and layout plans showing the street or streets
to be accepted. The layout plans (not to be confused with the as-built
plans) shall show the streets and all appurtenant easements by courses
and distances. The plans shall be labeled individually, one being
titled "Street As-Built Plan" and the other being titled "Street Layout
Plan." The Selectmen will endorse the layout plan; therefore, a signature
block must be provided for them to endorse the plans.
(5)
Certificate of compliance with conditions imposed on the development
by the Conservation Commission under the Wetlands Protection Act.
(6)
Instruments suitable for recording running to the "Inhabitants
of the Town of North 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 rights or interest in such
easements.
(7)
Deed for the street itself, running to the "Inhabitants of the
Town of North 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.
(8)
Deed of gift in trust for "open space" parcels (if applicable)
running to the "Inhabitants of the Town of North Andover" in a form
acceptable to the Planning Department.
(9)
Certificate(s) signed by the applicant's attorney certifying
that all necessary parties have signed all easement instruments, street
deeds, and open space deeds.
(10)
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 MGL c. 82, § 22.
(11)
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 MGL c. 82, § 22,
with a return to the Board of Selectmen not less than seven days before
the public hearing. Said notice shall be in the following form:
|
"Notice is hereby given that the Board of Selectmen of the Town
of North Andover will hold a public hearing on _____ in the __________
in the matter of the layout of __________ as a public way."
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D.
Special requirements.
(1)
For streets and ways within a subdivision of land, title to which or any portion of which has been registered under MGL 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 North 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. __________, 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 for the open space lot(s),
if any, must be paid before the Town will recommend the street for
acceptance. Proof of this payment must be provided by the applicant
to the Planning Department by virtue of a receipt from the Treasurer's
office.
E.
Work to be completed after acceptance at Town Meeting. Following
street acceptance by Town Meeting:
