A.
No landowner or land operator shall initiate regulated land disturbance activities without first meeting the requirements of the Stormwater Management and Erosion Control Bylaw and these regulations and obtaining a land disturbance permit (LDP) from the Planning Board prior to commencing the proposed activity. The bylaw § 165-5 describes administration of the LDP review and approval procedures, including Planning Board actions, timeline for final action, and appeals process.
The owner and applicant shall provide documentation, proof of ownership, and certification of the identity of each applicant who is authorized to submit plans and/or documents and act on behalf of the owner, as described in § 165-2 of the bylaw. Regardless of whether the applicant is the owner of the property or an authorized representative, all applications for a land disturbance permit shall include original signatures of all owners. Where the owner is a partnership, trust or corporation, documents must be submitted indicating who has signing authority to enter into agreement on behalf of the partnership, trust or corporation. If the property owner subsequently withdraws consent to the application after the application is filed, the Board may deny the application for this lack of consent of the owner.
Applications for a land disturbance permit shall include the materials as specified in this section and must meet the stormwater management criteria as specified in § 250-23. The applicant shall file with the Planning Board, or its designated agent, two paper copies plus one digital copy of a completed application package for a land disturbance permit (LDP). Additional copies may be requested by the Planning Board or its designated agent as needed. The land disturbance permit application package shall include:
A.
A completed application form with original signatures of all owners.
Application forms are available in the Town offices.
B.
If a public hearing is required, a list of abutters, certified by
the Assessor's office (abutters at their mailing addresses shown
on the most recent applicable tax list of the Assessors, including
owners of land directly opposite on any public or private street or
way, and abutters to the abutters within 300 feet of the property
line of the applicant, including any in another municipality or across
a body of water).
C.
Payment of applicable application and review fees in accordance with
the current Schedule of Planning Board Filing Fees.
A.
The Planning Board shall make a determination as to the completeness of the application and adequacy of the materials submitted. Applications shall be reviewed for form and contents in accordance with § 250-22 of these regulations. The Planning Board staff shall notify the applicant of any deficiencies in the application package within 14 days of receipt.
B.
No further action shall be taken on an application until it is deemed
complete.
C.
The Planning Board or its designated agent may request additional
information as is necessary to enable the Planning Board to determine
whether the proposed land disturbance activity will comply with the
provisions of the bylaw.
D.
The Planning Board or its designated agent has the authority to waive
any application requirements if it finds that such information is
not needed for a thorough review of an application.
Once an application is deemed complete, Planning Board staff
shall file one copy of the application packet with the Town Clerk,
and distribute additional copies to Public Works, Conservation, Building/Zoning
and other departments as appropriate.
The Planning Board or its agent shall have the authority, with
prior approval from the property owner, or pursuant to court process,
to enter upon privately owned land for the purpose of performing its
duties under these regulations and the bylaw and may make or cause
to be made such inspections, surveys or sampling as the Planning Board
deems reasonably necessary to determine compliance with the permit.
Each application must be accompanied by the appropriate application
and review fees in accordance with the current Schedule of Planning
Board Filing Fees. The Planning Board is authorized to retain a registered
professional engineer (PE) or other professional consultant to advise
the Planning Board on any or all aspects of the LDP application. Fees
shall be payable to the Town of North Andover in the form of a money
order, bank or certified check. An applicant's failure to pay
any additional review or inspection fee within five business days
of receipt of the notice that further fees are required may be grounds
for disapproval of the application.
A.
Application fees. An application fee may be established by the Planning
Board to cover expenses connected with the review of the land disturbance
permit. The amount of such fees will be listed in the Schedule of
Planning Board Filing Fees.
B.
Independent consultant reviews and fees.
(1)
Purpose. As provided by MGL c. 44, § 53G, and the Stormwater
Management and Erosion Control Bylaw, the Planning Board may impose
reasonable fees for the employment of outside consultants, engaged
by the Planning Board, for specific expert services to assist the
Planning Board in its review of applications for land disturbance
permits and oversight of permit compliance.
(2)
Special account. Funds received pursuant to these rules 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 direction of the Planning Board without further appropriation
as provided in MGL c. 44, § 53G. Expenditures from this
account shall be made only in connection with a specific project or
projects for which a consultant fee has been collected from the applicant.
Expenditures of accrued interest may also be made for these purposes.
(3)
Consultant services. Specific consultant services may include but
are not limited to technical or legal review of the permit application
and associated information, on-site monitoring during construction,
or other services related to the project deemed necessary by the Planning
Board. The consultant shall be chosen by, and report only to, the
Planning Board or its staff. In order to minimize costs to the applicant,
the Planning Board will accept the findings of any previous outside
environmental review of the project conducted for another Town board
or committee, provided that it meets the Board's needs in ensuring
proper review of an application and assessing compliance with the
bylaw and regulations.
(4)
Notice. The Planning Board shall give written notice to the applicant
of the selection of an outside consultant. Such notice shall state
the identity of the consultant, the amount of the fee to be charged
to the applicant, and a request for payment of said fee in its entirety.
Such notice shall be deemed to have been given on the date it is mailed
or delivered. No such costs or expenses shall be incurred by the applicant
if the application or request is withdrawn within five days of the
date notice is given.
(5)
Payment of fee. The fee must be received prior to the initiation
of consulting services. The Planning Board may request additional
consultant fees if necessary review requires a larger expenditure
than originally anticipated or new information requires additional
consultant services. Failure by the applicant to pay the consultant
fee specified by the Board within 10 business days of the request
for payment, or refusal of payment, shall be cause for the Planning
Board to deny the application based on lack of sufficient information
to evaluate whether the project meets applicable performance standards.
An appeal stops the clock on the above deadline; the countdown resumes
on the first business day after the appeal is either denied or upheld.
(6)
Appeals. The applicant may appeal the selection of the outside consultant
to the Board of Selectmen, who may only disqualify the outside consultant
selected on the grounds that the consultant has a conflict of interest
or does not possess the minimum required qualifications. The minimum
qualifications shall consist of either an educational degree or three
or more years of practice in the field at issue or a related field.
Such an appeal must be in writing and received by the Board of Selectmen
and a copy received by the Planning Board, so as to be received within
10 days of the date consultant fees were requested by the Planning
Board. The required time limits for action upon the application shall
be extended by the duration of the administrative appeal.
(7)
Return of unspent fees. When the Planning Board's review of
a permit application and oversight of the permitted project is complete,
any balance in the special account attributable to that project shall
be returned within 30 days. The excess amount, including interest,
shall be repaid to the applicant or the applicant's successor
in interest. For the purpose of this regulation, any person or entity
claiming to be an applicant's successor in interest shall provide
the Planning Board with appropriate documentation. A final report
of said account shall be made available to the applicant or applicant's
successor in interest.
C.
Revision of fee schedules and regulations governing fees.
(1)
The Planning Board may review and revise its fee schedules periodically
as it sees fit, with concurrence from the Select Board.
(2)
The Planning Board or its designated agent may waive or discount
its fees applicable under the bylaw and these regulations at its discretion,
particularly for minor projects that do not warrant significant additional
review.
A.
Except when issuance of the land disturbance permit has been delegated to the Town Planner, or when the project has already been reviewed by the Conservation or Planning Department for stormwater effects, the Planning Board will hold a public hearing according to the bylaw § 165-5 where comments and questions from the public regarding the application will be addressed. A notice in the local newspaper of a hearing on the land disturbance application and that the Planning Board is accepting comments on the land disturbance application shall be published at the applicant's expense, at least five business days before the hearing date. Copies of the notice shall be mailed, postage prepaid, to the applicant, property owner (if different) and abutters (as listed on the certified abutters list) at least seven business days in advance of the hearing.
B.
In addition, the land disturbance application shall be available
for inspection by the public during normal business hours at the Town
offices. Comments may be submitted to the Planning Board during business
hours at the Town offices.
A.
Should a land-disturbing activity associated with an approved plan
not begin within 12 months following permit issuance, the Planning
Board may reevaluate the approved stormwater management plan to determine
whether the plan still satisfies local program requirements and design
factors. If the Board finds the previously filed plan to be inadequate,
a modified plan shall be submitted and approved prior to the commencement
of land-disturbing activities.
B.
All activity, exclusive of maintenance required in perpetuity, permitted
by the land disturbance permit must be completed within two years
of permit issuance. Extensions of time can be granted by the Planning
Board upon formal written request by the applicant, made at least
30 days prior to expiration of the permit.
The applicant/permittee, or the applicant's agent, must
notify the Planning Board or its designated agent in writing of any
change or alteration of a land-disturbing activity authorized in a
land disturbance permit before such change or alteration occurs. Modifications
resulting in grade changes of less than one foot may be considered
minor and may be granted by the Planning Board's designated agent.
If the Planning Board or its designated agent determines that the
change or alteration is significant, based on the design criteria
in these regulations and accepted construction practices, the Planning
Board may require that an amended application or a new application
(including applicable fees unless waived by the Planning Board) be
filed and a public hearing held. If any change or alteration from
the land disturbance permit occurs during land-disturbing activities,
including significant changes in schedule, the Planning Board or its
designated agent may require the installation of interim erosion and
sedimentation control measures before considering the change or alteration.
The Planning Board will issue a certificate of completion upon receipt and approval of final reports and documentation as outlined in Article XII of these regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with these regulations and the bylaw. The certificate of completion shall be recorded at the Essex North District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the applicant's expense, and proof of recording shall be provided to the Planning Board.
