As set forth in § 195-19.16, in the course of reviewing a Development Project during Development Project Plan Review, the PAA shall have discretion in the application of the General Design Guidelines of Part 6 to the Development Project and may waive strict adherence to any of these Design Guidelines, in finding that the Development Project is consistent with the purpose and intent of this Article 19.
An application for Development Project Plan Review shall be reviewed for consistency with the purpose and intent of the Article 19, and such plan review and shall be construed as an as-of-right review and approval process for by-right uses and shall be construed by special permit approval process for uses allow by special permit.
A. 
Upon completion of Development Project Plan Review, the PAA shall either 1) approve, 2) approve with conditions, or 3) deny a Development Project Plan submitted for review.
(1) 
The Planning Board shall approve a Development Project Plan when the following conditions are met:
(a) 
The Development Project Plan is consistent with the purpose and intent of this Article 19; and
(b) 
The Applicant has submitted the required fees and information as set forth in the Rules and Regulation; and
(c) 
The Development Project Plan has been submitted in accordance with the procedures as outlined in this Article 19 and the Planning Board Rules and Regulations; and
(d) 
The Development Project and Development Project Plan meet the requirements and standards set forth in this Article 19, or a waiver has been granted therefrom.
(2) 
The Planning Board shall conditionally approve a Development Project Plan when the following conditions are met:
(a) 
The application needs to go to any Town board, department or commission for approvals, or requires approvals by any state, and/or federal agency; and
(b) 
The Development Project Plan generally complies with this Article 19, but requires minor changes in order to be completely in compliance with this Article 19.
(3) 
The PAA may deny approval of a Development Project Plan for the following reasons:
(a) 
The Development Project Plan does not include all the materials or information required in this Article 19, or has failed to adhere to the procedures for Development Project Plan Review as outlined in this Article 19; or
(b) 
The Applicant has not submitted the required fees and information as set forth in the PAA Rules and Regulations; or
(c) 
The Development Project Plan as presented is not in compliance with applicable Town bylaws, and a waiver has not been granted therefrom; or
(d) 
The Development Project Plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review; or
(e) 
The Applicant has failed to incorporate and adhere to any condition(s) for approval granted by any Town board, department or commission, or requirements called for by any state or federal agency which has proper authority upon which to place conditions on a matter before the PAA.
B. 
The PAA shall render a decision within 90 days of the close of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of MGL c. 40A.
C. 
The PAA shall issue to the Applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application or notice. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the Grantor Index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the Applicant.
D. 
The Applicant shall be responsible for filing a copy of the decision at the Registry of Deeds for the county and district in which the land is located and indexed in the Grantor Index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the Applicant. Prior to the issuance of a building permit, the Applicant shall present evidence of such recording to the Building Commissioner and Planning Department.
E. 
For the purpose of securing the performance of all proposed work, including Landscaping and off-site improvements, the PAA may require security submitted in the form of a check made out to the Town of North Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part to stabilize or secure the site. The check will then be placed in an interest-bearing account and will be released upon the completion of the Development Project. The PAA, at its discretion, may release partial amounts of the security at certain stages of construction.
A Development Project Plan Approval shall remain valid and shall run with the land indefinitely provided that construction has commenced within two years after the decision issues, which time shall be extended by the time required to adjudicate any appeal attributable to the Development Project. Said time shall also be automatically extended if the Applicant is actively pursuing other required permits for the Development Project or if the PAA finds there is good cause for the failure to commence construction, or as may be provided in an approval for a multi-phase Development Project.