The Development Project Plan Review process for an application for approval of a Development Project Plan under this article shall be governed by the following review procedures:
A.
Pre-application conference.
(1)
Prior to the submission of a Development Project Plan, the Applicant, at its option, may confer with the Planning Board and Town planning staff to obtain information and guidance before beginning the formal application process.
B.
Submission and Approval of a Development Project Plan. The Applicant shall file a Development Project Plan accompanied by an application for Development Project Plan Review and application for special permit(s), if applicable, to the PAA for issuance of a Development Project Plan Approval prior to an application for a building permit. Review of a Development Project Plan shall follow the procedures of Subsection F and the PAA Rules and Regulations that the Planning Board may adopt to govern Development Project Plan Review. An application for Development Project Plan Review shall include the following components unless waived by the Planning Board:
(1)
An Applicant for Development Project Plan Review shall file with the Planning Department an application form, fee, the Development Project Plan, an application for special permit(s), if applicable, and any additional information as may be required as described herein or as provided in PAA Rules and Regulations and/or instructions of the Planning Board. Once the application is deemed complete, the Planning Department will forward one copy of the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw will not start until the application has been deemed complete and submitted to the Town Clerk.
(2)
Drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Town Planner. Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each.
(3)
The application for Development Project Plan Review shall be accompanied by such plans and documents as may be required and set forth in the PAA Rules and Regulations. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All Building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a professional engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts.
(4)
The following information must be submitted along with the application:
(a)
North arrow/location map. A North arrow and a location map showing surrounding Roadways and land uses adjacent to the site at a scale of one inch equals 1,500 feet. The location map should show at least one intersection of two existing Town Roadways.
(b)
Survey of lot/parcel. A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted.
(c)
Name/description of Development Project. The name of the development and the names, addresses and telephone numbers of the project listing tenants (if known), land uses, development phases, or other pertinent information necessary to evaluate the Development Project Plan.
(d)
A narrative describing how the proposed Building(s), anticipated land uses, site design, parking, circulation, Landscaping and other features conform to and the purpose of this article.
(e)
Easements/legal conditions within the Development Project lot(s) and abutting thereon. Identification of existing and proposed easement(s) or legal encumbrances that are related to the site's physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency with the authority to place conditions on the site's development.
(f)
Development Project lot number(s), dimensions of Development Project lot(s) in feet, size of Development Project lot(s) in square feet, and width of abutting streets and ways.
(g)
Topography. The present and proposed topography of the site, utilizing two-foot contour intervals. Existing topography 50 feet beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic mapping shall also be shown.
(h)
Zoning information. All applicable Overlay District zoning information shall be provided regarding the Development Project. This information shall be placed in a table and list all parking, setbacks, percent of Lot Coverage, Floor Area Ratio, number of Dwelling Units (if any), units/acre, total amount of square feet, size of signs and any other applicable zoning information relative to the Development Project Plan and Overlay District necessary for the proper review of the Development Project Plan by the Town Planner and PAA.
(i)
Drainage area map. A drainage area map showing pre- and post-construction watersheds, subwatersheds and stormwater flow paths, including municipal drainage system flows.
(j)
Stormwater management plan. All applications for Development Project Plan Review shall include the submittal of a stormwater management plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw).
(k)
Building location. Identification of all existing and proposed structures located on the Development Project site. The number of stories, overall height in feet and gross floor area in square feet of all structures shall be indicated.
(l)
Building elevation. A drawing of the exterior of the Building(s), as viewed from the front (street view), must be submitted. The PAA may request side and rear views if relevant to the PAA's review. This drawing must be at least eight inches by 11 inches in size.
(m)
Average finished grade of each proposed Building.
(n)
The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed Building.
(o)
Height of all proposed Buildings, above average finished grade.
(p)
Height of all proposed Buildings, above average finished grade of abutting streets.
(q)
Location of parking/walkways. Identification of the location of all existing and proposed parking and walkway areas, including curb cuts that will be used to access the site from adjacent Roadways, or access points.
(r)
Location of wetlands; notice of intent. All resource areas as defined in MGL c. 131, § 40, and/or the Town of North Andover Wetland Protection Bylaw (Chapter 190), shall be shown on the site plan. If applicable, the Applicant shall file a notice of intent with North Andover Conservation Commission concurrently with the application to the Planning Board for Development Project Plan Review.
(s)
Location of walls/signs. Identification of the location, height and materials to be used for all retaining walls and signs located on the site.
(t)
Location of roadways/drive lanes. Identification of all rights-of-way and Driveways, including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest Roadways and/or curb cuts shall be shown for both sides of any street which is adjacent to the site.
(u)
Outdoor storage/display areas. Identification of the location and type of outdoor storage and display areas on the site.
(v)
Landscaping plan. The general outline of existing vegetation, wooded areas, significant trees, unique species and/or tree clusters and the extent of all vegetation, wooded areas, significant mature trees (greater than 12 inches DBH), unique species and/or tree clusters to be removed and identification of the location and landscape schedule of all perimeter and interior Landscaping, including but not limited to proposed paving materials for walkways, fences, stone walls and all planting materials to be placed on the site. Any Landscaping required by the Town bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided.
(w)
Refuse areas. Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed.
(x)
Lighting facilities. Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used.
(y)
Traffic impact study. Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. For projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board.
(z)
Commonwealth review. Any information required and submitted to any agency of the commonwealth shall be filed with the Planning Board upon the initial submission of the project for Board review.
(aa)
Utilities. All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems.
(bb)
Environmental strategies. A narrative describing the environmental strategies being pursued for the Development Project to improve sustainability and to enhance protection of the adjacent natural resources relative to the proposed Building(s), anticipated land use(s), and site design. These strategies shall specifically include measures to limit emissions from both stationary sources (e.g., building design measures) and mobile sources (e.g., pedestrian and bicycle accommodations to promote alternate methods of transit).
(cc)
Fiscal impact. Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values.
(dd)
Community impact. Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency and compatibility with existing local and regional plans.
C.
Phasing. In the course of the phased development of an approved Development Project Plan, the Applicant may divide the proposed development reflected in the Development Project Plan into separate project components which may be reviewed either through a single combined Development Project Plan Review, or through a series of separate Development Project Plan Reviews that address the applicable proposed area(s) of work within the Overlay District. In no event shall a Development Project proceed with a nonresidential development prior to completing an allowable residential development (townhouse residential use and/or multifamily residential use).
D.
Peer review. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of any required elements of the Development Project Plan Review application as may be required by the PAA. Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, Town Counsel, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant.
E.
Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, School Department, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 30 days of its receipt of a copy of the Development Project Plan Review application.
F.
Procedures.
(1)
Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 90 days of the close of the public hearing. The required time limits for such action may be extended by written agreement between the Applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. If the PAA does not take action within 90 days or extended time, if applicable, the project proponent shall provide written notice to the PAA requesting final action within 14 days, if no decision is issued, the failure shall be deemed to be an approval of the application and Development Project Plan and shall constitute the Development Project Plan Approval.
(2)
The approved Development Project Plan (Development Project Plan Approval) becomes the official development plan for a Development Project for which Development Project Plan Review application is filed. Town permits shall be issued or withheld based upon compliance with the approved Development Project Plan. The Development Project Plan Approval is legally binding and can only be changed or adjusted in compliance with the provisions contained in § 195-19.42, Revisions to approved Development Project Plan.
(3)
Appeal. Where a Development Project Plan Approval is issued or denied relative to a Development Project for which a building permit will be required, there shall be no appeal under MGL c. 40A § 17; rather, the only appeal shall be an appeal of the building permit issued or denied. The appeal of a special permit granted or denied hereunder shall be made in accordance with the provisions of MGL c. 40A § 17.