Town of Andover, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Planning Board of the Town of Andover 1-11-2011. (This legislation also superseded former Art. XIII, Subdivision Rules and Regulations, adopted 12-9-1986, as amended.) Amendments noted where applicable.]
GENERAL REFERENCES
Construction permit fees — See Art. VII.
Zoning — See Art. VIII.
Plumbing — See Art. IX.
Fire prevention — See Art. X.
Wetlands and watercourses — See Art. XIV.
Stormwater management and erosion control — See Art. XVI.
XIIIa Appendixes

§ 1 Authority; purpose.

[Amended 1-8-2002]
A. 
Authority. Under the authority vested in the Planning Board of the Town of Andover by Section 81Q of Chapter 41 of the General Laws, said Board hereby adopts these Rules and Regulations Governing the Subdivision of Land in the Town of Andover.
B. 
Purpose.
1. 
The powers of the Board shall be exercised in accordance with the General Laws of Massachusetts to regulate the laying out and construction of ways in subdivisions to insure the safety, convenience and welfare of the present and future inhabitants of Andover. The Board shall exercise its authority with due regard for provision of adequate access to all of the lots in the subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with applicable provisions of the Andover Zoning By-Law;[1] for securing adequate provision for water, sewerage, drainage, underground utility service, police and fire protection and other similar equipment, and street lighting and other requirements where necessary in a subdivision; for coordinating the ways in a subdivision with each other and with the public ways in neighboring subdivisions. Such powers shall also be exercised with due regard for the policy of the commonwealth to encourage the use of solar energy and protect the access to direct sunlight of solar energy systems.
[1]
Editor's Note: See Art. VIII, Zoning.
2. 
In considering a proposed subdivision, the Planning Board shall solicit the opinions of other Town boards, committees, commissions and officials as they pertain to the subdivision. The Board may also solicit the opinion of technical experts employed by the Board for the purposes of providing specialized technical review to the Board.

§ 2 Definitions.

In construing these regulations, the definitions in Section 81-L of Chapter 41 of the General Laws shall apply. In addition, the following other terms and words are defined:
APPLICANT
The owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Subdivision Control Law and these Rules and Regulations. The applicant shall submit the title reference or references from the Essex County Registry of Deeds indicating that the applicant is the owner of record.
[Amended 3-10-1998; 1-11-2011]
AUTHORIZED AGENT/BOARD'S DESIGNEE
That person or persons of the Planning Board staff to whom the Planning Board has delegated authority: (1) to receive from applicants, on behalf of the Board, plans and documents and instruments submitted or filed with the Board under the Subdivision Control Law and under these Rules and Regulations and to place thereon the Board's stamp showing date of submission or filing, as the case may be; (2) to file on behalf of the Board in the Town Clerk's office, and record in the Essex North Registry of Deeds, plans and documents the subject of proceedings before it; (3) to give and publish notice on the Board's behalf all, in each such case, as may from time to time be required by the Subdivision Control Law and by the Rules and Regulations Governing the Subdivision of Land in Andover; (4) to issue stop-work orders; and (5) to conduct inspections and review proposed projects in accordance with these regulations.
[Amended 1-8-2002]
BASE FLOOD ELEVATION
The level of flooding having a one-percent chance of being equaled or exceeded in any given year, as designated on Federal Insurance Administration (FIA) maps cited at § III, Subsection E, of the Zoning By-Law, or, in the absence of such designation, as determined by the Planning Board based upon the best available information regarding flood hazards, including any available Environmental Science Services Administration (ESSA) and United States Army Corps of Engineers studies.
BOARD
The Town of Andover Planning Board. A quorum for a meeting or hearing is three members.
[Amended 1-8-2002]
DATE OF SUBMISSION
When referring to a plan, the date when the plan is delivered at a meeting of the Board or when sent by registered mail to the Board. If mailed, the date of mailing shall be deemed the date of submission of the plan. For the purposes of the Subdivision Control Law and of these Rules and Regulations, a plan delivered to the staff at its then principal office shall be deemed delivered at a meeting of the Board.
DEPARTMENT OF PUBLIC WORKS
The Town of Andover Department of Public Works.
DEVELOPER
Any person or persons acting on behalf of the applicant for purposes of preparing and submitting plans and documents to the Planning Board, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The applicant shall certify, in writing, the identity of each developer who is authorized to submit plans and/or documents and act on behalf of the applicant. Without such certification the developer shall not act on behalf of the applicant.
[Amended 1-11-2011]
DRAINAGE
The control of surface water within the tract of land to be subdivided.
EASEMENT
A right in land acquired by public authority or other person to use or control property for a utility or other designated purpose.
[Added 1-8-2002]
ENGINEER
A person registered by the Commonwealth of Massachusetts to perform professional engineering services in accordance with all applicable laws and requirements of such registration.
[Added 1-8-2002]
ESSA
Environmental Science Services Administration; the federal agency formerly entitled "United States Coastal and Geodetic Survey."
FORM A
An application for endorsement of a plan believed not to require Planning Board approval. See Form in appendix.[1]
FORM B
An application under SCL Section 81S for the filing of a preliminary plan. See Form in appendix.[2]
FORM C
An application, other than a Form A application, for endorsement of a definitive plan believed to be a subdivision requiring Planning Board approval under SCL Section 81T. See Form in appendix.[3]
LAND SURVEYOR
A person registered by the Commonwealth of Massachusetts to perform professional land surveying services in accordance with all applicable laws and requirements of such registration.
[Added 1-8-2002]
LOT
An uninterrupted area of land in one ownership with definitive boundaries, the use of which is subject to the provisions of the Zoning By-law.
[Added 1-11-2011]
PERFORMANCE GUARANTY
The method by which the Planning Board shall require that the applicant secure the construction of ways and installation of municipal services, before endorsement of its approval of a plan.
RECORDED
Recorded in the Essex North Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of the Commonwealth of Massachusetts.
[Added 1-8-2002]
REGISTER OF DEEDS
The register of deeds of the county or district in which the land in question, or the Town or town in question, is situated, and, when appropriate, shall include the recorder of the Land Court.
[Added 1-8-2002]
RULES AND REGULATIONS
These Rules and Regulations Governing the Subdivision of Land in Andover, Massachusetts, as adopted by the Andover Planning Board and as amended from time to time.
SCL
Subdivision Control Law, Chapter 41, Sections 81K through 81GG, inclusive, of the Massachusetts General Laws, as from time to time amended.
STABILIZE
Those measures necessary to secure soils surfaces in an erosion-free condition by establishing coverings which will eliminate or reduce the possibility of wind and water erosion either temporarily or permanently. (Stabilization.)
STAFF
Those persons from time to time employed by the Town of Andover whose primary job responsibility is the enforcement of the Subdivision Control Law and these Rules and Regulations, and the review, on behalf of the Planning Board, of plans and documents and instruments submitted to or filed with the Board under the Subdivision Control Law and under these Rules and Regulations.
STOP-WORK ORDER
An order to an applicant issued by the Board or its authorized agent, upon a violation of the Subdivision Control Law or these Rules and Regulations or the conditions of approval of a plan, directing that all work or certain specified work at a site the subject of Board approval be stopped and not begun again until resumption is approved, in writing, by the Board or its authorized agent. The "stop-work order" may be given orally in the first instance, but shall be promptly followed by written notice to the applicant.
STREET
An accepted Town way, or a way established by or maintained under county, state, or federal authority, or a way established by a subdivision plan approved in accordance with the Subdivision Control Law, or a way determined by the Planning Board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
[Added 1-11-2011]
STRUCTURE
Any combination by man of matter composed of parts or materials assembled and joined or mixed together in some definite manner or pattern at a certain location for whatever purpose or use, whether or not affixed to the land. "Structure" shall include, but not be limited to, swimming pools, tennis courts, sports courts and courts for athletic and recreational activity and the equipment and paraphernalia associated with any such court; but shall not include fences, garden walls, earth retaining or embankment walls, and paved areas used solely for vehicular or pedestrian access, or both.
[Added 1-8-2002]
SUBDIVISION
The division of a tract of land into two or more lots, including resubdivision, provided that such division shall not be deemed to constitute a subdivision under the Subdivision Control Law (MGL c. 41, § K-GG) if, at the time it is made, every lot within the tract so divided has frontage on:
[Added 1-8-2002]
A. 
A public way certified by the Town Clerk as being maintained and used as a public way;
B. 
A way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law; or
C. 
A way in existence prior to the date on which the Subdivision Control Law was adopted by the Town, and meeting the standards of the Board as set forth in § III, Subsection B, Paragraph 1.e.
TURNAROUND (CUL-DE-SAC)
An area within the layout or right-of-way at the end of a street wherein a motor vehicle can reverse direction of movement.
[Added 9-28-1999]
UTILITIES
Electric service lines; all lines for carrying voice, video, digital or numerical reproduction from one source to another, including telephone lines and cable telephone lines and cable television lines; water service lines; municipal conduits; and housings and terminals appurtenant to any of the foregoing.
[Amended 11-2-1987]
WAY
Includes public ways, ways accepted as such by the Town, ways which the Town Clerk certifies are maintained and used as public ways and ways approved by the Planning Board.
[Added 1-11-2011]
WETLAND RESOURCE AREA
Those areas subject to protection under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and the Andover Wetlands Protection By-Law and Regulations.[4]
[Added 1-8-2002]
[1]
Editor's Note: Form A is included at the end of this chapter.
[2]
Editor's Note: Form B is included at the end of this chapter.
[3]
Editor's Note: Form C is included at the end of this chapter.
[4]
Editor's Note: See Art. XIV, Wetlands and Watercourses.

§ 3 Procedures for submission of plans and plan requirements.

A. 
General. Persons submitting plans accompanied by either Form A or Form B or Form C applications shall do so by delivery to the Board at a meeting of the Board or by mailing it registered mail to the Board, care of the Town Clerk. Plans may also be submitted, accompanied by the appropriate application, by delivery to the Board at the principal office of its staff, in which case plans and applications thus submitted shall be endorsed by a designated staff person with a stamp of the Board showing the date of submission.
1. 
Notice requirements: Persons submitting plans as in § III, Subsection A, above shall themselves be responsible for all notice requirements from time to time imposed upon them by the SCL, as amended; for example, but not limited to, the giving of notice to the Town Clerk by delivery or by registered mail that applicant has submitted such plan. See SCL Sections 81T; 81P; and 81S.
2. 
Completeness of application: No application to the Board under the SCL shall be considered complete and no hearings shall be advertised or notice of hearing given until all information required by the SCL and by these Rules and Regulations, as amended, required of the particular type of plan (§ III, Subsection B, below) filed has been delivered to the Board and until the list of abutters, if required, has been certified to the Board by the Town Assessors. If in the Board's determination an application is incomplete or contains incorrect information and has not been properly submitted pursuant to these Rules and Regulations, the Board may use, as a basis for denial, lack of completeness of an application.
[Amended 1-8-2002]
3. 
Consent of property owner required for all applications. When the applicant does not own the property shown on a plan filed with an application pursuant to these Rules and Regulations, the applicant shall state the nature of his or her interest in the property and shall submit the written consent of the property owner by having the property owner appropriately endorse the application for plan approval. An application made by someone other than the property owner shall not be considered a proper submittal unless the consent of the property owner has been submitted. 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.
[Added 1-8-2002]
4. 
List of waivers: A list of any waivers of the regulations being requested, and the reasons for requesting such waivers, shall be submitted. Refer to § IX, Subsection A, regarding general procedures for waivers.
[Added 1-8-2002]
B. 
Plan types: This section contains a description of the three types of subdivision plans defined by the SCL.
1. 
Form A plans: Those plans submitted pursuant to Section 81-P of the SCL which do not require formal Board approval. These plans generally fall within the following categories:
a. 
Division of land into lots, each of which has the lot area and frontage required by the Zoning By-Law for the zoning district in which the land is located and such frontage is located on: (a) a public way or a way which the Town Clerk certifies is maintained and used as a public way; or (b) a way shown on a plan previously approved and endorsed in accordance with the SCL; or (c) a way in existence when the SCL became effective in Andover, having, in the opinion of the Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land and for the installation of municipal services to serve such land.
b. 
Perimeter plan drawn and certified by a registered land surveyor showing the boundary lines of a lot which meets the area and frontage requirements stated in the Andover Zoning By-Law for the zoning district in which the lot is located.
c. 
Easement plan drawn and certified by a registered professional engineer or a registered land surveyor.
d. 
A plan showing land to be conveyed from one lot to an adjacent lot, so long as the conveyance does not leave any lot so affected without the frontage and area set forth in § III, Subsection B, Paragraph la, above.
e. 
In determining whether an existing private way is adequate to qualify a plan for an endorsement as Approval Under the Subdivision Control Law Not Required, the Planning Board shall consider all of the following:
[Added 3-10-1998]
i. 
The right-of-way is at least 40 feet in width and must exist in fact on the ground.
ii. 
There is an adequate turnaround area within the layout if the way is a dead-end street.
iii. 
The traveled way does not exceed a grade of 8% vertically and is of such horizontal alignment so as to provide safe visibility.
iv. 
The traveled way is at least 18 feet in width, with at least eight inches of compacted gravel if serving not more than two residential dwellings, and/or paved with at least two inches of bituminous pavement if serving more than two residential dwellings.
v. 
That there are adequate provisions for drainage.
vi. 
That there are adequate provisions for public utilities to service all proposed lots without cost to the Town.
2. 
Form B plans: Preliminary plans submitted pursuant to Section 81-S of the SCL. These plans follow the same basic procedures as definitive plans but are normally less formal in nature. They show enough general information for review as a concept, and receive a nonbinding decision by the Board. Residential Form B plans are not required but are highly recommended, especially for larger, complicated proposals. For nonresidential subdivisions a Form B plan is mandatory. They help to resolve planning and design issues prior to engineering the definitive plan.
[Amended 11-2-1987]
3. 
Form C plans: Definitive plans other than Form A plans submitted pursuant to Section 81-T of the SCL. These plans are the final plans for a subdivision which, if approved by the Board, are recorded at the Registry of Deeds and become the basis for the construction and acceptance of streets or ways and the creation of lots.
C. 
Form A plans: submission requirements and procedures:
1. 
Form A plans shall be submitted as provided in § III, Subsection A, accompanied by the following:
a. 
Two completed copies of Form A Approval Not Required application form which shall include the name and signature of the owner of record of all of the property shown on the plan which the applicant intends to be included in the application.
[Amended 3-10-1998]
b. 
An original drawing not larger than 24 inches by 36 inches on linen or polyester film, single matte, 0.004 mils thick in conformance with the requirements of the Registry of Deeds.
c. 
At least four paper copies of the plan.
d. 
Filing fees: See appendix.[1]
[Amended 2-27-1996; 1-11-2011]
[1]
Editor's Note: The filing fees are included at the end of this chapter.
2. 
Following a determination by the Board or its authorized agent that the plan meets the requirements of Section 81-P of the SCL and does not require approval of the Board, a member of the Board or its authorized agent shall, without a public hearing, endorse upon the plan the words "approval under the Subdivision Control Law not required" with appropriate name(s) signed thereto. Such endorsement shall not be withheld unless such plan shows a subdivision which requires Planning Board approval.
3. 
If the Board or its authorized agent determines that the plan requires Board approval, it shall, within 21 days of the submission of the Form A application, give written notice of its determination to the Town Clerk and the applicant. The applicant may then either: (1) submit the plan for approval as a Form B (Preliminary) or Form C (Definitive) plan; or (2) appeal the determination of the Board in the manner provided in Section 81-BB of the SCL.
[Amended 11-2-1987]
4. 
If the Board or its authorized agent fails to act upon a properly submitted Form A plan or fails to notify the Town Clerk and the applicant of its action within 21 days after its submission, the plan shall be considered constructively approved. The Board or its authorized agent shall forthwith endorse the plan in the manner described in § III, Subsection C, Paragraph 2, above. Upon the Board's failure to do so, the Town Clerk shall issue a certificate to the same effect. Either the plan so endorsed or the unendorsed plan so certified shall be delivered to the applicant.
[Amended 11-2-1987]
5. 
Responsibility for recording the endorsed or certified plan at the Registry of Deeds rests with the applicant.
D. 
Form B (Preliminary) plans: submission requirements and procedures:
1. 
Form B plans shall be submitted to the Board as provided in § III, Subsection A, above and to the Board of Health in the same manner. Form B applications shall be accompanied by the following:
a. 
Two completed copies of the Form B preliminary plan application form which shall include the signature of the owner of record of the property proposed to be subdivided.
[Amended 1-14-1997]
b. 
Names and addresses of all abutters as determined from the most recent tax list.
c. 
At least 12 paper copies of the plan.
d. 
Any supporting data which may be helpful to the Board in evaluating the plan.
e. 
Filing fee: See appendix.[2]
[Amended 1-11-2011]
[2]
Editor's Note: The filing fees are included at the end of this chapter.
2. 
The preliminary plan shall show:
a. 
Subdivision name, boundaries, North point, locus plan, date (month/day/year), scale, legend and title "Preliminary Plan."
b. 
Names of the record owner and the applicant and the name and address of the designer, engineer or surveyor.
c. 
Existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner.
d. 
Proposed system of drainage, including adjacent existing natural waterways, in a general manner.
e. 
Approximate boundary lines of proposed lots, with approximate areas and dimensions.
f. 
Names, approximate location and widths of adjacent streets.
g. 
The topography of the land in a general manner. "Topography" shall be defined as the physical features of the site such as contours of the land, vegetation, rock outcroppings, wetlands, streams, drainage channels, stone walls and man-made structures.
3. 
The applicant shall give written notice to the Town Clerk by delivery or by certified mail, postage prepaid, that he has submitted a Form B plan.
4. 
Following receipt of a Form B application, the Board's staff shall distribute copies of the plan to the Board of Health, the Conservation Commission, the Department of Public Works, the Building Department, the Police Department and the Fire Department and shall schedule an interdepartmental review where the applicant shall review the proposal with the staffs of those Town agencies and departments.
5. 
The Board shall review the Form B plan proposal at a public meeting, notice of which shall be given to the applicant. At the discretion of the Board, notice may be given to owners of land abutting the land shown on the preliminary plan.
6. 
Within 45 days after submission of the Form B plan, the Board shall notify, by certified mail, the applicant and the Town Clerk either that the plan has been approved or that the plan has been approved with modifications suggested by the Board or that the plan has been disapproved. In the case of disapproval, the Board shall state in detail its reasons for disapproval.
[Amended 11-2-1987]
7. 
The Board's approval of a Form B plan is nonbinding and is intended to give the applicant conceptual guidance for designing a Form C plan.
8. 
A Form B plan shall not be recorded at the Registry of Deeds.
E. 
Form C (Definitive) plans: submission requirements and procedures:
1. 
Preapplication consultations between an applicant and the professional staff of the Town are recommended. The following rules apply for preapplication consultations:
[Amended 1-8-2002]
a. 
The Town staff will review applications in an attempt to avoid unnecessary technical deficiencies in the application and promote efficiency in the formal review and hearing process. Staff may also be requested to review an application for its thoroughness and completeness; however, staff will not be responsible for assuring the accuracy, completeness or thoroughness of any application submitted for review. It is the responsibility of the applicant to assure that the application to be submitted to the Board for its review is thorough, complete and accurate.
2. 
A Form C plan shall be submitted to the Board as provided in § III, Subsection A, above.
3. 
The Form C plan shall be accompanied by the following materials:
[Amended 1-11-2011]
a. 
Two completed copies of the Form C definitive plan application form which shall include the signature of the owner of record of the property proposed to be subdivided.
[Amended 1-14-1997]
b. 
A list of the names and addresses of all abutters as determined from the most recent tax list. If the development contains land in or abuts land of a neighboring municipality the applicant shall include a certified abutters list from the abutting municipality as part of their Form C application.
c. 
Twelve complete sets of blue-line or black-line prints of the plan.
d. 
Twelve copies of reports containing support data as may be required by the Board under these Rules and Regulations.
e. 
Plan filing fees: See appendix.[3]
[3]
Editor's Note: The filing fees are included at the end of this chapter.
4. 
Plan C format.
a. 
The Form C plan shall be drawn in black ink on Mylar sheets not to exceed 24 inches by 36 inches.
b. 
The plan shall be sealed by a registered professional engineer in the field of civil engineering and a registered land surveyor. The engineer shall certify by notation on the plan that the preparation and design of the plan and all work shown on the plan is in accordance with good engineering practices. In addition, the engineer shall certify that the subdivision complies with all the rules and regulations of the Andover Planning Board, except as noted.
[Amended 3-26-2001; 1-8-2002]
c. 
The plan shall be drawn at a scale of one inch equals 40 feet.
d. 
If multiple sheets are used they shall be accompanied by an index drawing showing all match lines.
e. 
A separate drawing of the entire subdivision at a scale of one inch equals 100 feet shall be provided which shows lot lines, lot numbers, street lines, street names and easements.
5. 
Plan C contents.
a. 
Identification information.
i. 
A cover sheet shall contain at least the following information:
(a) 
Subdivision name;
(b) 
Name and address of record owner;
(c) 
Name and address of applicant if different than the record owner;
(d) 
Name and address of the engineer and surveyor;
(e) 
Total area of the land being subdivided, total area of proposed lots, total number of proposed lots, total area of proposed streets, names of proposed streets, total area of wetlands, total area of uplands, total area of proposed open space (if applicable);
(f) 
Locus plan drawn at a scale and in detail sufficient for the Board to locate the proposed subdivision with regard to adjoining streets and properties;
(g) 
Notation of one of the following:
1. 
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. 
That streets shown on the plan are intended to remain as private ways, with street or lot owners responsible for maintenance costs and street improvements to Town standards if the street is proposed for acceptance.
(h) 
Notation of the registry of deeds recording references (book and page) for all real property, existing easements, and rights-of-way, contained within the boundaries of the subdivision, or any of the same which might be appurtenant but located outside the boundaries of the subdivision. A copy of the document indicating the applicant's interest in all of the land, without financial information, contained within or associated with the subdivision shall be provided. A copy of the latest deed(s) for all land and property within or associated with the subdivision shall be provided.
[Added 3-26-2001]
(i) 
All revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans.
[Added 3-26-2001]
(j) 
No land contained within an approved subdivision may be included within a different subdivision which is submitted to the Board for approval, until such time as a modification of the approved subdivision is granted by the Board.
[Added 3-26-2001]
ii. 
Each subsequent sheet of the plan shall contain the following identification information:
(a) 
Subdivision name;
(b) 
Name and address of applicant;
(c) 
Name and address of engineer and surveyor;
(d) 
Date that sheet was drawn, including all revision dates;
(e) 
North arrow;
(f) 
Scale;
(g) 
A signature block to record the action of the Planning Board (See Appendix D[4] for the required layout);
[4]
Editor's Note: The Typical Title Block is included at the end of this chapter.
(h) 
A statement as follows:
"NO NOTICE OF APPEAL WAS RECEIVED DURING THE 20 DAYS NEXT AFTER RECEIPT AND RECORDING OF NOTICE FROM THE PLANNING BOARD OF THE APPROVAL OF THE PLAN.
"
TOWN CLERK
b. 
Site conditions. The following site conditions shall be shown on the plan:
i. 
A separate plan showing proposed lot and street lines and existing topography at two-foot contour intervals shown as a dashed line with elevations noted. Areas of existing topography containing slopes in excess of 25% and areas containing slopes in excess of 35% shall be shown encompassed within a heavy dashed line and identified as to the degree of slope identified and the area, in square feet, enclosed. (See example in Section X.)
[Amended 3-10-1998]
ii. 
A separate plan showing proposed buildings, driveways, retaining walls and proposed topography reflecting grading changes at two-foot contour intervals shown as a solid line with elevations noted.
[Amended 3-10-1998]
iii. 
Existing topography 50 feet beyond the perimeter of the subdivision as it appears on the most current Town of Andover topographic mapping. The Board may require additional and/or updated detail as deemed necessary to properly evaluate the plan.
[Amended 3-36-2001; 1-11-2011]
iv. 
Existing structures within the subdivision, and existing topography at two-foot contour intervals and any structures outside the subdivision located within 50 feet of the subdivision's perimeter.
[Amended 3-26-2001]
v. 
Location, name and present width of existing streets and intersections located within 150 feet of the subdivision.
vi. 
Existing and proposed location of the base flood elevation if encountered within the subdivision or if located within 100 feet of the subdivision.
vii. 
Areas subject to the Wetlands Protection Act,[5] as amended, as shown on maps entitled "Wetlands Areas of Andover, MA" and subsequent revisions as approved by the Andover Conservation Commission.
[5]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
viii. 
Ponds delineated by perimeter and standing water elevation.
ix. 
Existing drainage structures on the site or those structures off-site to which stormwater will be channeled.
x. 
All natural watercourses, brooks, streams and drainage channels with direction of flow indicated.
xi. 
Stone walls, rock ridges, ledge outcroppings and significant eskers.
xii. 
The general outline of wooded areas, significant mature trees or tree clusters.
xiii. 
The extent of vegetation removal shall be shown on the plans.
[Added 3-26-2001]
xiv. 
The applicant must provide information relating to dwelling size, type, location and population for the purposes of the Board's analysis of drainage, stormwater, sanitary and sewer systems and the water system.
[Added 3-26-2001]
c. 
Test data. The following test data shall be submitted:
i. 
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.
ii. 
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 E, Paragraph 4c(i), above.
iii. 
Soil borings or test pits shall be made at locations and to depths determined by the Department of Public Works or the Board along all proposed roadways. The Department of Public Works shall view the open pits. Samples and boring logs shall be submitted to the Department of Public Works 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.
d. 
Proposed layout. The following information describing the proposed subdivision's layout shall be provided:
i. 
Existing and proposed lines of streets, ways, lots, easements and indication of purpose of easements and public or common areas within the subdivision. Minimum yard depth requirements as required by the Andover Zoning By-Law[6] shall be shown on each proposed lot as a fine dashed line and marked "setback line."
[6]
Editor's Note: See Art. VIII, Zoning.
ii. 
Proposed structures on lots, the configuration of such structures and all proposed grading associated with such structures.
iii. 
Sufficient data, consisting of bearings and distances, to determine the location, direction and length of every street and way line, lot line and boundary line, and to establish these lines on the ground. Bearings shall be shown to seconds and distances to hundredths of a foot.
iv. 
Location of all permanent monuments, existing or proposed, properly identified as to type. Existing bounds are to be identified by solid square, proposed bounds by hollow square. Lot corners shall be shown and described as to type of monument to be placed.
v. 
Proposed layout of storm drainage, water supply and sewage disposal systems. The storm drainage and sewage disposal systems in the street are to be shown on the profiles with invert grades marked at changes in grade.
vi. 
Profiles for all off-street drainage systems (piped or above ground) and off-street sewer lines shall be shown with all elevations at inverts and changes in grade.
vii. 
Design proof (stormwater runoff and drainage calculations) shall be submitted showing at least the following:
(1) 
Predevelopment and post-development runoff and drainage flows for the entire site.
(2) 
Drainage flows and patterns for the drainage basin in which the development is located.
(3) 
Capacities for all affected existing natural drainageways and man-made drainage structures.
(4) 
Anticipated peak flows for affected existing natural and man-made drainageways or structures.
viii. 
Existing center-line profile is to be shown for all proposed streets as a fine full line. Existing center-line profile for existing intersecting streets is to be shown for at least 100 feet each side of the intersection of street center lines. Existing right side line shall be shown as a dashed black line, left side line as black dots. Elevations shall be based on Environmental Science Services Administration bench marks if such exist within 1,000 feet of the subdivision. Finished, designed center-line profile is to be shown as a heavy full line, with elevations shown every 50 feet (25 feet on vertical curves). Scale is to be one inch equals 40 feet horizontal, one inch equals four feet vertical, or other scales if previously approved by the Board.
ix. 
Gutter lines shall be shown for all intersections and turnarounds.
x. 
Cross sections of the street and adjacent land shall be provided at locations, if any, where unusual topographic conditions or relation of street to topography make understanding of visibility and drainage difficult. Such locations shall be designated by the Department of Public Works in its review of the Form C plan.
xi. 
Where connection to the Andover sewer system is not proposed, certification must be furnished by the Board of Health that all submittals required by that body have been made.
xii. 
Where connection to the Andover sewer system is proposed, the conditions set forth in § VII, Subsection G, of these regulations shall apply.
xiii. 
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.
xiv. 
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.
e. 
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.
i. 
The plan shall consist of three parts:
(a) 
A narrative intended to summarize for the plan reviewer the project aspects important for erosion control. At a minimum, the narrative shall contain:
(i) 
A brief description of the proposed land-disturbing activities, existing site conditions and adjacent areas (such as streams, wetlands and buildings) that might be affected by the land disturbance;
(ii) 
A description of critical areas on the site (areas that have potential for serious erosion problems);
(iii) 
The expected length of time of destabilization;
(iv) 
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;
(v) 
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.
(b) 
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:
(i) 
Existing site contours at an interval sufficient for distinguishing runoff patterns before and after disturbance;
(ii) 
Limits of clearing and grading;
(iii) 
Proposed final contours;
(iv) 
Location of the project relative to highways, municipalities, major streams or other identifiable landmarks (locus map);
(v) 
Existing vegetation (grassy areas, major groups of trees and unique species);
(vi) 
Surface extent of each soil type and relative erodibility as determined by the United States Department of Agriculture, Soils Conservation Service Soil Survey;
(vii) 
Critical areas within or near the project area, such as streams, lakes, wetlands or major drainageways;
(viii) 
Location and types of both temporary and permanent control measures;
(ix) 
Dimensional details of facilities.
(c) 
Details including:
(i) 
Detailed drawings of erosion and sediment control structures, showing key dimensions and other important details;
(ii) 
Design assumptions and calculations for structural measures such as sediment basins, channels and outlet protection;
(iii) 
Seeding specifications;
(iv) 
Maintenance notes.
ii. 
The following documents may be used or referred to in the preparation of the soil erosion and sedimentation control plan:
(a) 
Guidelines for Soil and Water Conservation by the United States Department of Agriculture Soil Conservation Service.
(b) 
Manual of Standards for Erosion and Sediment Control Measures, by the Association of Bay Area Governments.
(c) 
Soil Survey of Essex County, Massachusetts, by United States Department of Agriculture Soil Conservation Service.
(d) 
Urban Hydrology for Small Watersheds, Technical Report 55, by United States Department of Agriculture Soil Conservation Service.
F. 
Processing the Form C (Definitive) plan.
1. 
Interdepartmental review (IDR). Following a complete submission of a Form C plan, the Board's staff will distribute copies to those Town departments or agencies deemed to have an interest in the proposal and shall schedule an interdepartmental review of the plan of which the applicant will be notified as to time and place.
2. 
Board of Health review.
a. 
Within 45 days of the plan's submission, the Board of Health or its officer shall file a report to the Board, in writing, stating approval or disapproval of said plan.
b. 
In the event of disapproval, the Board of Health shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without injury to public health, and shall include such specific findings and reasons therefor in the report. Where possible, the Board of Health shall make recommendations for the adjustments thereof.
c. 
A copy of the Board of Health report shall also be submitted to the applicant.
d. 
Failure of the Board of Health to report shall be deemed constructive approval by the Board of Health.
e. 
When the Form C plan shows that no public or community sewer is to be installed to serve any lot thereon, approval by the Board of Health or its officer shall neither be deemed as an application for a permit nor deemed as approval of a permit for the construction and/or use of an individual sewage system on any lot within the subdivision.
3. 
Conservation Commission review. The Board strongly recommends that applicants seeking Form C plan approval for land subject to the authority of Massachusetts General Laws Chapter 131, Sections 40 and 40A (Massachusetts Wetlands Protection Act), schedule their filing of a request for determination or notice of intent so that the Conservation Commission's decision will be available to the Board prior to the Board's vote on the subdivision plan.
4. 
Impact studies. The Board may in its discretion require that studies be made which will assist it in analyzing the impact of the proposed subdivision on the surrounding area and on the town in general. The scope of such studies shall be defined by the Board. These studies shall be at the expense of the applicant and shall include, but not be limited to, traffic safety, drainage, soils, geotechnical and hydrogeological.
5. 
Planning Board public hearing.
a. 
A public hearing shall be scheduled by the Board in accordance with SCL, Section 81-T.
b. 
Notice of the time and place of the public hearing and of the subject matter, sufficient for identification, shall be given by the Board at the expense of the applicant by advertisement in a newspaper of local general circulation once in each of two successive weeks, the first publication being not less than 14 days before the date of the public hearing. Notice of the public hearing shall also be mailed to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent tax list.
6. 
Approval, extension, withdrawal or disapproval of the Form C plan.
a. 
The following review periods shall be observed by the Board for final action: Where a residential Form B plan has not been submitted, action shall be taken within 135 days of submission of a Form C plan; where a residential Form B plan has been submitted, action shall be taken within 90 days of submission of a Form C plan; for a nonresidential Form C plan, action shall be taken within 90 days of submission. The action of the Board shall be based upon its review of the Form C plan submitted to it pursuant to § III.A of these rules and regulations, and such action shall be one of the following:
[Amended 11-2-1987; 3-10-1998]
i. 
Approval: The Board shall vote to approve the Form C plan if it finds the plan in conformance with the SCL, the rules and regulations of the Board and the recommendations of the Board of Health or its officer.
ii. 
Approval with conditions: The Board may vote to approve the Form C plan subject to conditions based upon the recommendations of the Board of Health or its officer or other reasonable conditions imposed by the Board. (See § V of these Rules and Regulations.)
iii. 
Extension: The Board may vote, upon the applicant's written request, to extend the sixty-day deadline for final action. Such extensions shall normally be granted for a thirty-day period when additional support data is deemed necessary. Notice of such extension of time shall be filed by the Board with the Town Clerk.
iv. 
Withdrawal without prejudice: The Board may vote, upon the applicant's written request, to allow the plan to be withdrawn without prejudice when, in the opinion of the Board, significant design revisions are proposed by the applicant, or are needed, or major amounts of additional data are required. The per-lot filing fee may be waived by the Board if the plan is resubmitted within the next 60 days following withdrawal, or any additional time approved by the Board for good reason.
v. 
Disapproval: The Board shall vote to disapprove the Form C plan if such plan does not comply with the SCL or the rules or regulations of the Board or the recommendations of the Board of Health or its officer. In the event of disapproval, the Board shall state, in detail, wherein the plan does not conform to the rules and regulations of the Board or the recommendations of the Board of Health or its officer.
b. 
If the report of the Board of Health or its officer shall so require, the approval by the Board shall be on condition that no building or structure shall be built or placed upon the areas designated without consent by such Board of Health or officer. In the event that approval by the Board of Health or its officer is by failure to make a report (i.e., constructive approval), the Board shall make a notation on the plan that Health approval is by failure to report.
c. 
The Board shall file a certificate of its action with the Town Clerk and shall send notice of such action by registered mail, postage prepaid, to the applicant at his address stated on the application.
d. 
Failure of the Board either to take final action or to file with the Town Clerk a certificate of such action regarding a plan submitted by an applicant within the times prescribed in § III, Subsection F, Paragraph 6a, of these regulations, or such further time as may be agreed upon at the written request of the applicant, shall be deemed constructive approval thereof.
[Amended 11-2-1987]
G. 
Recording the Form C plan. While such recording shall be the responsibility solely of the applicant, the Board reserves the right to record all approved Form C plans and legal instruments pertaining thereto, with the exception of Land Court plans. Checks for Registry fees shall be forwarded to the Board's office upon request.
H. 
Modification, amendment or rescission.
1. 
Power to modify, amend or rescind.
a. 
The Board, on its own motion or on the petition of any persons interested, shall have the power to modify, amend or rescind its approval of a Form C plan, or to require a change in a Form C plan as a condition of its retaining the status of an approved plan.
b. 
All of the provisions of the SCL and these rules and regulations relating to the submission and approval of a Form C plan shall, so far as apt, be applicable to the approval of the modification, amendment or rescission of such approval and to a plan which has been changed under this section.
2. 
Consent of owner.
a. 
If individual lots within the subdivision which have been sold or mortgaged in good faith subsequent to the approval of the Form C plan shall be affected by the modification, amendment or rescission of the approval of the plan or by changes in the plan, then the owner and mortgage holder (if any) of each affected lot must consent to the modification, amendment, rescission or action to change voted upon by the Board.
b. 
Consent of the owner shall not be required in cases where 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 Planning Board.
I. 
Unapproved subdivision prohibited. No subdivision of any land, or sale of lots in a subdivision, or construction of streets or installation of municipal utilities therein shall be permitted unless and until a definitive plan of such subdivision has been submitted to and approved by the Board under the provisions of these regulations.
[Added 1-8-2002]

§ 4 Performance guaranty.

A. 
Requirement for posting. Pursuant to SCL Section 81-U, 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 § VII of these regulations or as may be shown on the Form C plan.
1. 
The amount of the performance guaranty 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 guaranty.
2. 
The performance guaranty shall be in the form of a passbook account established in the name of the applicant, or the developer, and the Town of Andover, 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 § IV, Subsection B, Paragraph 2.)
[Amended 3-10-1998]
3. 
Guaranties 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 guaranty, 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 the 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.
B. 
Performance guaranty procedure. The applicant shall request, in writing to the Board, the establishment of a performance guaranty 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 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. (See § VIII, Street acceptance procedures, below.)
1. 
The Department of Public Works shall compute the amount he estimates to be required to complete such subdivision improvements shown on the plan. This amount shall be adjusted to include a reasonable inflation factor under § IV, Subsection A, Paragraph 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 Department of Public Works at a public meeting. If approved by majority vote, the Board shall notify the developer of the term of the performance guaranty (not to exceed two years) and the amount, which shall be a valid figure for a period of 30 days.
3. 
The applicant shall provide the performance guaranty in passbook account form, as required by § IV, Subsection A, Paragraph 2, of these regulations, by delivery to the Board's office in the Town Office Building; the passbook and withdrawal slip shall be held by the Town Treasurer.
C. 
Release of performance guaranties. From time to time the applicant may make a written request to the Board for release from the performance guaranty such funds as may have been expended for construction of the required subdivision improvements.
1. 
Such request shall be given to the Department of Public Works. The Department of Public Works shall investigate and shall provide the Board with a written report describing work satisfactorily completed and recommending the amount eligible for such release, based on the dollar value of the satisfactorily completed construction.
2. 
Requests for release of a portion of the guaranty amount may be granted following the Board's determination that remaining funds are sufficient to cover completion of the remaining required subdivision improvement work at labor and material costs prevalent at the time of the request and an inflation factor.
3. 
Within 45 days of a request for release of the whole balance of a performance guaranty, and following a report by the Department of Public Works that all required subdivision improvements have been completed satisfactorily, the Board may release a performance guaranty except for 10% of the full amount of the original guaranty, which shall be held until the streets have been accepted by the Town. If the Department of Public Works reports that not all required subdivision improvements have been completed satisfactorily, the Board shall, prior to the expiration of said 45 days, send notification of outstanding defects by registered mail to the developer with a copy to the Town Clerk.
4. 
Owners of record of all lots within a subdivision for which release of all performance guaranty moneys is requested shall be given timely notice prior to the meeting at which the Board shall vote on such release.
D. 
Termination of performance guaranty. During the final month of the term of a performance guaranty, the applicant shall give notice, in writing, to the Board that the required subdivision improvements have been completed or have not been completed, and, if not completed, shall state why the performance guaranty should not be taken in default; or, alternatively, the applicant shall request an extension of the term.
1. 
If an extension of the term of the performance guaranty is requested, the Board shall ask the Department of Public Works to report as to the sufficiency or insufficiency of the remaining moneys to cover the projected cost to complete the required subdivision improvements. If found to be insufficient, the Department of Public Works shall state the amount required to cover the completion of the required subdivision improvements. Upon the Board's approval of that amount or such other amount as the Board may establish, the applicant shall deposit with his performance guaranty, within 30 days of the Board's approval, the amount so determined, which shall be subject to all the obligations of a performance guaranty hereunder.
2. 
In the event the Board declares an applicant in default of the conditions of his performance guaranty, the Board, following proper notice and a public hearing, shall use the balance of the funds remaining in such performance guaranty to complete the work necessary to have the required subdivision improvements installed and accepted by the Town. Such balance shall be placed in an interest-bearing account in the name of the Town of Andover.
a. 
The Department of Public Works shall be responsible for the completion of the improvements by the use of current bid prices for materials, materials installed, labor and equipment rental, negotiation for professional services and securing of new bids.
b. 
Such work shall be paid for from the defaulted balance deposited as aforesaid following presentation to the Board and its approval of invoices, receipts and reports from the Department of Public Works regarding the work.
c. 
The cost of completing the engineering and legal documents required for the Town's acceptance of the subdivision improvements and open space shall also be paid for from these funds.
d. 
Funds remaining following acceptance of the streets by the Town shall be returned to the applicant along with any interest accrued thereon, for which the applicant shall provide a written receipt.

§ 5 Planning Board conditions and releases of conditions.

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 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 guaranties, construction scheduling, grading, earth movement, wetlands, 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 SCL 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 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.
[Added 11-2-1987]
5. 
The following conditions will apply to and be imposed on all definitive subdivision plans:
[Added 3-26-2001]
a. 
The "subdivision" shall be defined as all features depicted on the plans submitted to and approved by the Board; the "developer" or "subdivider" shall be defined as the applicant and its assigns or successors in title to the subdivision, and all contractors and subcontractors under control of or in service to the developer or subdivider; the site shall be defined as all property within the boundaries of the subdivision plan, and any features or work outside and appurtenant to the subdivision plan.
b. 
Except as otherwise provided for in the conditions imposed by the Board, the construction of the subdivision and all activities associated therewith shall be in conformance and compliance with the information, details, notations, grading and features shown on the plans submitted to and approved by the Board. (The plans will be listed and described by sheet number, title and date.)
c. 
All final grading shown on the plans shall be subject to the provisions of the Board's Rules and Regulations Governing the Subdivision of Land.
d. 
Prior to any construction activities associated with the roadways, utility easements, and detention areas, the Limit of Work as shown on the plans shall be established on the ground in the form of silt fence, staked haybales, or other approved method, and the installation thereof shall be certified to the Board by the developer's engineer.
e. 
The lot and street layout sheets of the plan which shall be submitted to the Planning Division within 30 days after the twenty-day appeal period, and an instrument containing the conditions imposed by the Board, shall be recorded at the North Essex Registry of Deeds pursuant to the requirements of the Board's rules and regulations.
[Amended 1-11-2011]
f. 
The developer shall, pursuant to statute, have 20 days following the approval action of the Andover Planning Board to file an appeal of said action and, in the absence of an appeal, shall be deemed to have accepted said action and all conditions imposed on the plan by the Board.
g. 
Within five days of the transfer of ownership of the subdivision, in whole or in part, the developer shall notify the Planning Department of the name and address of the new owner(s). The developer shall provide the new owner(s) with a copy of the conditions imposed by the Board.
h. 
No permits for building may be issued by the Inspector of Buildings for any lot within the subdivision unless and until the provisions of § V, Subsection E (Clearance certificates), of the Rules and Regulations of the Board have been satisfied. Once a building permit has been issued for any particular lot, this condition will be deemed to have been complied with and considered released for that lot.
i. 
Prior to construction activity of any kind within the subdivision, the developer shall submit to the Planning Department a proposed construction sequence schedule in a form provided by the Department, said schedule to be used as a guide to activities within the development, including construction of roadways, utilities, drainage systems, stabilization, earth movement and stockpiling. This schedule, once established, shall not be deviated from, but may, for good and demonstrated reason, be modified by agreement between the developer and the Board through the Planning Department.
j. 
Prior to introduction of construction equipment onto the site, a meeting shall be conducted between the developer, the developer's contractors, and the Planning Department, as well as the Conservation Department, and Department of Public Works for the purpose of reviewing these conditions and the construction sequence schedule.
k. 
Construction equipment or materials shall not be parked, stored, or placed within 25 feet of any drainage channel or wetland area, nor in any cul-de-sac island. Repairs and maintenance to equipment shall be conducted in areas where no spills or leakage of fuels or other fluids could pose a pollution hazard.
l. 
Earth disturbed by construction activities associated with the subdivision roadway or easements, such as tree cutting, stump grubbing, cutting, filling and regrading, shall be appropriately stabilized by methods determined by the Board through the Planning Department within 60 days of such disturbance unless otherwise approved by the Board.
m. 
No building lot shall remain in an open condition longer than 60 days. "Open" shall be defined as that period of time between initial preparation of the lot for building (clearing of trees, stripping of topsoil), and the time that the foundation has been installed, backfilled, and the rough grading has been established and stabilized by use of temporary seeding, mulching, or netting. This restriction shall remain in force until the lot has been properly stabilized and shall survive changes in ownership of the lot.
n. 
Stockpiles of earth materials shall not be permitted in any area that necessitates removal of trees for such purpose, nor within 50 feet of any wetland boundary, drainage channel, or watercourse. Stockpile areas shall be designated on a plan, which shall be submitted to the Planning Department, said areas to be determined by the developer and approved by the Planning Department. Stockpiles shall be prohibited in areas which have not been approved by the Planning Department.
o. 
Long-term (more than 60 days) stockpiles of earth materials shall be shaped and secured by butted haybales around the perimeter and shall be promptly stabilized by temporary seeding or netting.
p. 
Burial or burning of vegetation, stumps, or construction debris is strictly where within the subdivision. Such materials shall be removed and properly disposed of off the site.
q. 
Construction activities associated with the subdivision, including equipment startups, site preparation, excavation, demolition, movement of earth materials (grading, excavation, hauling and filling), paving, installation of utilities and drainage facilities, but exclusive of actual erection of structures, shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. The Planning Board, upon written request from the developer, may consider allowing the foregoing construction activities on Saturday. Such request shall be considered at a public meeting, of which the developer and the abutters shall be given notice, and, if allowed, may be subject to such conditions as the Board may deem appropriate and reasonable to ensure peace and quiet in the adjacent neighborhood.
r. 
Side underdrains shall be installed on both sides of the street(s), except in fill sections, and shall be connected in an approved manner to the surface drainage system.
s. 
As field conditions warrant, berms of type and design specified by the Department of Public Works shall be installed in locations determined by the written decision of the Director of Public Works.
t. 
Once paved, the street(s) shall be kept clear and passable at all times. No equipment shall be parked in such a manner as to render a street impassable, and no refuse containers, trailers, or construction materials of any kind shall be placed or stored on the surface of a street nor within any cul-de-sac island.
u. 
Construction activities within and associated with the subdivision shall be conducted in a workmanlike manner at all times. The term "workmanlike" is defined as being characteristic of or befitting a skilled workman or craftsman. Windblown dust or debris shall be controlled by the developer through stabilization, wetting down, and proper storage and disposal methods. This condition shall be applied and enforced against individual lots within the subdivision as well as the subdivision in its entirety.
v. 
Prior to the conveyance of individual lots within the subdivision, the developer shall provide the Planning Department with a surveyor's certification that temporary lot corners have been established on the ground for the lot to be conveyed. Once established, maintenance of these temporary corners shall be the responsibility of the lot owner. Upon completion of the street and prior to the Selectmen's layout, the developer shall provide the Planning Department with a surveyor's certification that all bounds and corners have been set in accordance with the rules and regulations of the Board.
w. 
Immediately following the installation of water lines, the developer shall prepare a plan pursuant to the Rules and Regulations of the Board showing the location of all service connections to the building lots. No clearance certificate for any lot may be issued until said plan has been submitted to the Department of Public Works and notification of receipt of the plan transmitted to the Planning Department.
x. 
Yard sprinklers or other privately owned underground devices shall not be installed within any street right-of-way, nor shall private recreational features such as basketball hoops or skate ramps or platforms be allowed within any street right-of-way or any cul-de-sac. Except as applicable under these rules and regulations to cul-de-sac islands, landscaping within the street right-of-way in the form of grass, flowers, and small shrubbery is permitted at the risk of the lot owner, provided that such landscaping does not interfere with the use or safety of the street.
y. 
Except as may be waived, the subdivision shall be constructed in accordance with and subject to all applicable provisions of the Rules and Regulations of the Board. The approval and these conditions shall be enforced under the provisions of said Rules and Regulations.
z. 
The developer shall be responsible for proper maintenance and operation of the drainage systems and detention areas shown on the plan until such time as the streets have been accepted by the Town or the last lot in the subdivision has been sold, whichever is the earlier; whereupon the detention areas, inlets and outlets shall be maintained by a homeowners' association (HOA) established by the developer to which each lot in the subdivision is subject and whereby all lot owners will be responsible to pay for the maintenance, repair and replacement of said drainage features. The Town shall be provided with an easement to maintain and repair said features if necessary, but all costs associated with such maintenance or repairs shall be the responsibility of the HOA and all lot owners by virtue of their interest in said HOA. No clearance certificate shall be issued for any lot in the subdivision until such time as all documents for the HOA have been approved by the Planning Board and recorded, and the account referred to in Subsection aa below has been established in the manner prescribed by the Town.
aa. 
Prior to any construction activities in or associated with the subdivision, all documents pertaining to the maintenance of the detention areas shall be submitted to the Planning Department and shall be reviewed by Town Counsel and the Department of Public Works before being submitted to the Planning Board for approval prior to recording at the Registry of Deeds. These documents or covenants shall provide for private maintenance and upkeep of the stormwater drainage facility; shall provide the establishment of an account in which a sum of money determined by the Department of Public Works to be sufficient for such purpose shall be deposited and kept for the maintenance, repair and/or restoration of the detention areas and appurtenances. The documents shall provide for the terms and method of assessments; shall provide for the method of drawing on such funds; shall restrict any alteration of or encroachment into the detention areas; shall indemnify the Town from any responsibility or liability for maintenance and operation of those areas and facilities; and shall further provide that the Town will be reimbursed for any expenses incurred in the event the Town is required to perform any work in or on any detention area in order to ensure its proper operation and functioning; and in the latter event the Town shall have the right to employ and enforce any procedure allowed to it under law in order to secure such reimbursement.
bb. 
All deeds to building lots shown on the plan shall reserve the fee and/or interest in the streets and/or easements, said fee and/or interest (except as may be provided for under Subsections z and aa above) to be conveyed to the Town at the time of street acceptance.
cc. 
Any blasting operations or activities associated with the subdivision shall require proper permits and shall be undertaken in accordance with all applicable local and state regulations. Blasting may not be undertaken on any weekend or holiday.
dd. 
Hauling of earth materials and heavy equipment associated with the subdivision is restricted to the time period between the last morning pick-up of school children and the first afternoon drop-off, as determined by the School Transportation Coordinator. It shall be the developer's responsibility to inform all contractors, subcontractors, vendors, and workmen of this restriction, which shall be enforced pursuant to the Board's Rules and Regulations.
ee. 
Earth materials associated with the construction of a subdivision may not be transported to or removed from the site without the applicant having first secured approval for such activities from the Board. Such transport shall be in accordance with a schedule, in a form provided by the Board, which shall include the volume of material, number of truckloads, anticipated hours and dates of hauling activities and hauling routes to and from the subdivision. The developer shall be responsible for ensuring that the public ways are kept free and clear of dirt and debris associated with hauling activities.
ff. 
Prior to issuance of any clearance certificates for any lots within the subdivision, the developer shall have established a segregated account which shall be used to secure proper stabilization and removal of all erosion controls prior to completion of the subdivision. Said account shall be established in an amount recommended by the Town Engineer, approved by the Planning Board, and secured in manner and form approved by the Board. This account, once established, will be used to ensure that all unnecessary erosion controls are promptly removed upon receipt of certificate of compliance from the Conservation Commission. The Planning Department and the Conservation Commission will coordinate times and dates in which the erosion controls can be removed. Upon removal of all erosion controls, the account may be released in full.
gg. 
All work in Town ways associated with the subdivision shall be conducted in accordance with all required approvals and permits from the Town. The developer shall be responsible for all police details associated with said work.
hh. 
The drainage areas, inlets, outlets and all associated piping shown on the plans shall be fully constructed, stabilized and operational prior to pavement of the streets and development of any house lot.
ii. 
The subdivision is limited to the number of building lots shown on the plan approved by the Board. Any further division of lots or property in the subdivision for building purposes is prohibited unless and until a modification of this approval has been granted by the Planning Board pursuant to MGL c. 41, § 81W.
jj. 
Prior to the recording of the definitive plan at the Registry of Deeds, the developer shall provide the Planning Department with a municipal lien certificate indicating that all taxes, assessments and charges have been paid in full as required by MGL, c. 60, § 23.
C. 
Recording the conditions. Following expiration of the twenty-day appeal period following approval of the plan, the Board, at its discretion, cause the plan and the schedule containing the conditions of approval to be recorded at the Registry of Deeds. Thereupon the conditions shall be known and referred to as "restrictions."
D. 
Partial release of conditions. Upon the delivery of the performance guaranty required under § IV to the Board, 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.
[Amended 6-28-1994]
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:
[Added 11-2-1987]
1. 
The 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 Andover Department of Public Works shall certify that properly installed water service appurtenant to the lots and adequate under standards generally applied in 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 and the agent of the Andover Conservation Commission.
5. 
Street signs shall be installed prior to the issuance of any clearance certificate for any lot within the subdivision.
[Added 3-10-1998]
6. 
No clearance certificate may be issued for any lot within the subdivision until a report has been received from the Department of Public Works indicating that all requirements described under § VII, Subsection W, have been satisfied.
[Added 3-26-2001]
7. 
No clearance certificate may be issued for any lot within the subdivision until a performance guarantee has been secured pursuant to the Board's rules and regulations.
[Added 3-26-2001]
F. 
Minor amendments to conditions. Minor amendments or changes to conditions of approval or restrictions may be made but only upon the following circumstances:
1. 
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 an approved subdivision plan or its conditions. Any modification or amendment of an approved subdivision plan or its conditions which is not minor shall be made only pursuant to MGL c. 41, § 81-W, and shall be subject to the submission, notice, hearing, and approval requirements of Chapter 41 and the rules and regulations of the Board.
[Amended 1-8-2002]
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 minor in nature shall result in the applicant being notified of such infraction and directed to take corrective action.
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.

§ 6 Subdivision design standards.

A. 
General.
1. 
The standards contained in these rules and regulations shall be applied by the Planning Board in evaluating proposed subdivisions and shall be considered minimum standards. The Planning Board may, where deemed necessary, require more stringent standards through conditions of approval.
2. 
New subdivisions shall in all cases be designed so that, in the opinion of the Board, compatibility with existing neighborhoods is achieved and the maximum amenities within the new development are created.
3. 
Natural features such as mature vegetation, watercourses, eskers, scenic points, historic spots and similar community assets shall in all cases be protected and preserved when, in the opinion of the Board, such protection and preservation would be in the interest of the community.
4. 
New subdivisions shall in all cases be designed so as to achieve the least amount of earth disturbance (cutting, filling, regrading).
B. 
Lots. All lots identified as buildable lots within a proposed subdivision shall comply with the frontage and lot area requirements of the Andover Zoning By-Law.[1]
[Amended 1-11-2011]
[1]
Editor's Note: See Art. VIII, Zoning.
C. 
Streets.
1. 
Classifications. The Planning Board will, in all cases, determine the classification to be applied to all streets shown on a subdivision plan. In general, classifications will be assigned on the following basis:
a. 
Collector street: designed to serve a residential area of over 75 lots or dwellings.
b. 
Major street: designed to serve a residential area of over 20 lots or dwellings.
c. 
Minor street: designed to serve no more than 20 lots or dwellings. Minor streets shall be considered internal subdivision streets.
d. 
Local street: designed to provide access and legal frontage to no more than three lots or dwellings and shall remain as a private way and shall not be accepted as a public way.
[Added 1-11-2011]
e. 
Industrial street: designed to serve subdivisions to be developed as industrial or office parks.
2. 
Location and alignment.
a. 
All streets in a proposed subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel. To that end, the Board may require certain traffic studies to be performed to support the developer's proposed layout.
b. 
The Board shall consider the configuration of the street layout and the arrangement of lots abutting thereon in order to achieve the appropriate usage of the land with regard to situation of homes, privacy, light and space, and access to the street.
c. 
Proposed streets shall conform to any master road plan adopted in whole or in part by the Board.
d. 
The Board may require satisfactory provision for projection of streets to adjoining properties not yet developed.
e. 
Reserve strips prohibiting access to streets or adjoining property shall not be permitted, except where, in the opinion of the Board, such strips may be in the public interest.
f. 
Streets shall be laid out so as to intersect as nearly as possible at right angles; nonetheless, no street shall intersect any other street at an angle less than 60°.
g. 
Property lines at street intersections shall be rounded or cut back to provide for a radii of not less than 20 feet.
h. 
The layout of the streets in a proposed subdivision shall not be located in such a manner as to render an existing building nonconforming; provided, however, that a plan can be approved if an existing building, to be razed or reconfigured to meet the requirements of the Andover Zoning By-Law[2] dimensional and setback requirements, is razed or modified prior to the actual construction of the street and/or roadway improvements.
[Amended 1-11-2011]
[2]
Editor's Note: See Art. VIII, Zoning.
i. 
The distance between the center lines of streets opening onto the same or opposite sides of an existing or proposed street shall be no less than 150 feet.
j. 
There shall be a tangent of at least 100 feet between reverse curves on all proposed major streets and a tangent of at least 50 feet between reverse curves on all proposed minor streets.
k. 
In order to control traffic safety, and in order to coordinate development of necessary improvements to public ways, the Board will consider the adequacy of public ways adjacent to or providing access to a proposed development. It is the Board's intent that a proposed development not overly strain the capacity of existing or planned public ways so as to result in traffic congestion or safety problems.
(1) 
Where deemed necessary by the Board, a traffic study shall be performed, at the developer's expense, by a person or firm experienced and competent in the field of traffic engineering. Such person or firm shall be selected by the Board. The developer shall provide the fee for such study to the Board prior to commencement of the study.
(2) 
When, in the opinion of the Board, and based upon the findings and recommendations of a traffic study, or the recommendations of the Department of Public Works, a subdivision is deemed to have a detrimental impact on existing or proposed streets or traffic conditions, the Board may approve such subdivision on conditions limiting the number of lots upon which buildings may be erected.
l. 
There shall be provided and maintained at all intersections clear sight triangles of 75 feet, measured along the center lines from the point of intersection. No obstructions or plantings higher than 30 inches or tree limbs lower than eight feet shall be permitted within this area.
m. 
Proposed streets shall be located so as to provide adequate sight distance with respect to both horizontal and vertical alignment, as well as at intersections. Sight distance shall be measured along the center line, three feet nine inches above finished grade.
n. 
At the connection of any proposed street to an existing street, a leveling area shall be provided having a grade of not more than 4% for a distance of 25 feet from the nearest pavement line of the existing street.
o. 
When the algebraic difference of grades is 2% or less, a point of vertical grade change (PVGC) shall be used instead of a sag vertical curve.
[Added 3-26-2001]
p. 
Retaining walls, revetments, armored slopes and similar type structures are prohibited within the street right-of-way. Retaining walls and/or similar type structures located outside the right-of-way shall be designed to Massachusetts state standards. Retaining walls and/or similar type structures shall be prohibited as right-of-way support structures.
[Added 3-26-2001]
q. 
Cuts or fills in excess of either eight feet or roadway locations resulting in lots being more than eight feet above or below the grade of the roadway shall be substantiated by the submission of cross-sections showing the proposed grading within 200 feet of the roadway on both sides at fifty-foot intervals and at critical areas such as stream crossings, intersecting roads, and driveways and such other areas as required by the Planning Board.
[Added 1-8-2002]
r. 
Driveway center lines shall not be placed less than 75 feet from the center line of the connecting roadway at any intersection.
[Added 1-8-2002]
3. 
Right-of-way and street standards.
[Amended 3-26-2001; 1-11-2011]
a. 
All new roadways and streets, including private ways, shall be constructed in accordance with the following standards:
Street Classification
Local
Minor
Major
Collector
Industrial
Minimum right-of-way width (feet)
40
40
50
66
50
Minimum pavement width (feet)
18
26
28
34
30
Minimum radius of curves at center
100
150
250
*
250
Minimum road crown (inches per feet)
3/8
3/8
3/8
3/8
3/8
Minimum sight distance (feet)
200
200
200
*
200
Minimum percent grade
1
1
1
1
1
Maximum percent grade
8
8
6
6
6
Maximum length (feet)
300
*
Changes in grade or vertical curves of collector streets shall be in accordance with the recommendations of the American Association of State Highway Officials based on a design speed established by the Andover Police Department.
4. 
Local streets.
[Added 1-11-2011]
a. 
Shall service no more three lots or dwellings.
b. 
The minimum length of local streets shall not be less than the minimum lot frontage distance in the zoning district in which proposed.
c. 
The maximum length of local streets shall be 300 feet; the length shall be measured along a line defined as the distance from Point A to Point B when:
Point A is the point where the shortest proposed sideline of the Local Street right-of-way, as extended, intersects with the nearest sideline of the right-of-way on the adjacent street.
Point B is the nearest point on the first curve of the outside radius of the turnaround of the Local Street.
Line AB is measured along the shortest right-of-way line of the proposed Local Street between Points A and B. (See example in § X.)
d. 
Local Streets shall be provided at the closed end with a circular right-of-way having at least a one-hundred-twenty-foot diameter at the property line.
e. 
The maximum number of driveways to be accessed off the Local Street shall be three driveways. The first two driveways must occur within the first 150 feet along the center line of the Local Street right-of-way. (See example in § X.)
f. 
No Local Street may be extended past its terminus or through its turnaround or cul-de-sac. No proposed Local Street may be connected to an existing street anywhere along its length if, in the opinion of the Board, such new street would create an adverse impact on the safety of the existing street and the character of the neighborhood.
5. 
Minor streets (dead-end streets/cul-de-sacs).
a. 
Cul-de-sac streets shall not exceed 1,000 feet in length nor serve more than 20 lots or dwelling units, whichever is the lesser.
b. 
The minimum length of dead-end streets shall not be less than the minimum lot frontage distance in the zoning district in which proposed, but in no case less than 150 feet. The required length shall be measured from the nearest right-of-way line of the intersecting street to the nearest point of the first curve of the outside radius of the turnaround as measured along the shortest right-of-way line of the proposed dead-end street exclusive of intersection radii. (See example in § X.)
[Amended 3-10-1998]
c. 
For design purposes, dead-end streets shall be considered minor streets.
d. 
Dead-end streets shall be provided at the closed end, with a circular turnaround having at least a one-hundred-twenty-foot diameter at the property line and at least a one-hundred-foot diameter for the paved roadway.
e. 
Water mains in dead-end streets shall be connected to water lines in adjacent streets or developments in order to provide continuous water movement in the main, improve fire flows, provide redundancy to reduce flow interruptions and provide greater facility to make repairs.
[Amended 3-26-2001]
f. 
In certain instances the Board may waive its circular turnaround requirements to allow a cul-de-sac island where such waiver may be deemed to increase the amenity of the development without causing undue hardship with regard to street maintenance or vehicular movement.
(1) 
Cul-de-sacs with a center island shall be at least 120 feet in diameter at the property line and at least 100 feet in diameter for the paved roadway.
(2) 
Where existing natural features such as mature trees are not being preserved, center islands shall be at grade with the street, or depressed with a gravel or stone infiltration sump at the center.
(3) 
Where natural features are to be retained, the island shall be graded so that the edge of the island meets the pavement at no greater than four to one slope.
(4) 
Center islands, if approved by the Board, shall be designed as low maintenance features, and the Town will assume no responsibility for upkeep or improvements.
(5) 
Center islands shall not be used for storage of construction materials nor parking of equipment of any kind at any time.
(6) 
Any landscaped cul-de-sac island or islands approved by the Board as a part of the plan shall be maintained by a homeowners' association created for such purpose, the documents for which shall be submitted to the Planning Board for review and approval prior to any construction activities associated with the subdivision. Such homeowners' association documents shall provide for the right of the Town to make emergency repairs, the costs of which shall be assessed to the homeowners' association, and shall indemnify and defend and hold harmless the Town for any such repairs. Prior to commencing any landscaping within a cul-de-sac island, the developer or his successor or assigns shall submit a landscaping plan to the Forestry Superintendent for review and approval.
[Added 3-26-2001]
g. 
No existing street may be extended past its terminus or through its turnaround or cul-de-sac. No proposed street may be connected to an existing street anywhere along its length if, in the opinion of the Board, such new street would create an adverse impact on the safety of the existing street and the character of the neighborhood.
[Added 3-10-1998; amended 9-28-1999]
6. 
Adequate access from a public way.
[Added 3-26-2001]
a. 
Where the street system within a subdivision does not connect with or have, in the opinion of the Board, adequate access from a Town, county or state (public) way, the Board may require, as a condition of approval of a plan, that such adequate access be provided by the subdivider and/or that the subdivider make physical improvements to and within such a way of access, from the boundary of the subdivision to a Town, county or state way.
b. 
Where the physical condition or width of a public way from which a subdivision has its access is considered by the Board to be inadequate to carry the traffic expected to be generated by such subdivision, the Board may require the subdivider to dedicate a strip of land for the purpose of widening the abutting public way to a width at least commensurate with that required within the subdivision and to make physical improvements to and within such public way to the same standards required within the subdivision. Any such dedication of land for the purpose of way and any such work performed within such public way shall be made only with permission of the governmental agency having jurisdiction over such way, and all costs of any such widening or construction shall be borne by the subdivider.
c. 
All subdivision plans shall be designed to insure the safety, convenience and welfare of the present and future inhabitants of Andover. The Board shall exercise its authority with due regard for provision of adequate access to all of the lots in the subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with applicable provisions of the Andover Zoning By-Law;[3] for securing adequate provision for water, sewerage, drainage, underground utility service, police and fire protection and other similar equipment, and street lighting and other requirements where necessary in a subdivision; for coordinating the ways in a subdivision with each other and with the public ways in neighboring subdivisions. Such powers shall also be exercised with due regard for the policy of the commonwealth to encourage the use of solar energy and protect the access to direct sunlight of solar energy systems.
[Added 1-8-2002]
[3]
Editor's Note: See Art. VIII, Zoning.
d. 
The definitive subdivision plan shall set forth the location, names and widths of streets adjacent to or within proximity of the subdivision. The applicant shall demonstrate that roads and ways to and within the subdivision are adequate to provide emergency medical, fire and police protection as well as safe travel for the volume of traffic projected.
[Added 1-8-2002]
e. 
The Board may require appropriate and reasonable improvements in adjacent streets and ways to minimize congestion, to insure safe and adequate access to the proposed subdivision, and to insure safe and adequate vehicular and pedestrian travel in a coordinated system of streets and ways.
[Added 1-8-2002]
f. 
If improvements to a way are part of the definitive plan, or are required by the Board, and if the applicant enters upon the property of an abutter to the way in order to do such improvements, then the applicant shall provide to the Board an easement or other document from such abutters to the way, granting the applicant the right or permission 1) to go onto the abutters' property and 2) to do such improvements, and work related thereto, on the abutters' property. No easement or other document shall be required if the applicant does not enter upon the property of an abutter to the way in order to do such improvements to the way.
[Added 5-12-2009]
D. 
Sidewalks.
1. 
Sidewalks shall be designed in accordance with the specifications and standards contained in § VII, and the Appendix drawing shown in § X.
2. 
Except for on Local Streets, sidewalks shall be constructed in accordance with the standards in § VII, Subsection Q, on at least one side of streets proposed in the SRA, SRB, and SRC Zoning Districts. The Planning Board shall determine the side of the street upon which the sidewalk is to be constructed.
[Amended 3-26-2001; 1-11-2011]
3. 
Sidewalks shall be extended off-site to connect to an existing sidewalk or cross street in the vicinity, when, in the opinion of the Board, such sidewalks will facilitate pedestrian safety and movement.
[Amended 1-11-2011]
4. 
Walks or pedestrian ways may be required in a cluster subdivision when, in the opinion of the Board, they would better facilitate safe movement to and from designated open spaces within the development. The design and location of these walks or pedestrian ways shall be determined by the Board.
5. 
The Planning Board may grant a waiver of sidewalk construction at the applicant's request. Should the Board grant a waiver for sidewalk installation, an amount equal to the construction cost of the sidewalk shall be deposited into an account of the Town of Andover. The amount to be deposited will be determined by the Planning Board.
[Added 1-11-2011]
E. 
Easements.
1. 
All easements shown on all plans shall be identified as to type and use. All existing easements on all plans shall be accompanied by a notation identifying the registry book and page wherein the easement is recorded.
[Amended 3-26-2001]
2. 
Utility easements for water, sewer, electric, telephone and CATV (cable television) lines and drainage piping or channels shall be provided at locations determined by the Board and the Department of Public Works for the provision or extension of utilities within the development or to adjacent properties. Utility easements for water shall be no less than 20 feet in width, and utility easements for sewer shall not be less than 30 feet in width. Where multiple utilities are to be contained within the same easement, an additional 10 feet in width shall be provided for each additional utility.
[Amended 3-26-2001]
a. 
Within the lots of the subdivision, no part of any water, sewer, electric, telephone, CATV or pedestrian easement shall be in the same area as any detention pond, retention basin, pond or similar structures.
b. 
Within the lots of the subdivision, no part of any drainage easement shall be in the same area as a water, sewer, electric, telephone or CATV easement.
3. 
Utility easements into or crossing any open space or protected area shall be prohibited unless approved by the Board upon the recommendation of the Department of Public Works.
4. 
Overlying easements or easements within easements shall be prohibited unless specifically approved by the Board.
5. 
Where easements have been approved entering into or crossing open spaces or protected areas they shall be restored to reflect as nearly as possible the conditions existing prior to the easement. Vegetative visual buffering required by the Planning Board in such easements shall be the responsibility of the developer and shall be reflected in the subdivision performance guaranty.
6. 
Easements on lots other than those required for public utilities, drainage systems or conservation purposes shall be prohibited.
7. 
Easements for access to parks and conservation lands abutting a proposed subdivision may be required by the Board. These easements shall be at a width determined by the Board to be sufficient for their purpose but will not normally exceed 30 feet in width.
8. 
The developer shall be required to obtain off-site drainage easements when, in the Board's opinion, the subdivision will cause an increase or change in surface water volumes or velocities, either through open channels or through culverts into or onto any abutting properties.
[Amended 3-10-1998]
F. 
Drainage and grading. Drainage is directly affected by grading and earth movement within the subdivision. Grading on building lots directly or indirectly impacts the street drainage systems within the subdivision as well as on adjacent Town ways. This section contains the design requirements for drainage and for grading as it relates to drainage. These requirements are intended to further the purposes of the SCL, Section 81-M. All drainage within or associated with a subdivision shall be designed in accordance with the Stormwater Policy Handbook, as prepared by the Massachusetts Department of Environmental Protection, dated March 1997, and as amended from time to time.
[Amended 3-26-2001]
1. 
All lots within the subdivision shall be graded to provide positive drainage away from existing or proposed structures, adjacent private or public properties, and from the surface areas of existing or proposed on-site sewage disposal systems.
[Amended 3-26-2001]
2. 
The Board will not approve grading which would cause drainage flows to exceed the capacity of natural wetlands, watercourses, drainage channels and any man-made drainage facilities on and in existing or proposed streets.
3. 
Grading for slope requirements for on-site sewage disposal systems shall be totally contained within the lot upon which such system is proposed. No slope easements onto any adjacent lot or property shall be permitted.
4. 
Where any stream or other natural watercourse or drainageway is proposed to be enclosed or piped underground, the Board shall require the grading plan to provide for an alternate aboveground path suitable for passage of water in the event that the enclosed or piped section becomes blocked.
5. 
Natural drainageways, channels or streams shall not be disturbed, but shall be protected by easements as required by § VI, Subsection E, of these regulations, unless alternative provisions for maintaining flows and carrying capacities for such features have been reviewed and approved by the Board.
6. 
The final grading shown on any approved Form C plan shall not be amended or changed without prior review and approval of the Board except as may be deemed minor by the Board's staff as defined in § VI, Subsection E, Paragraph 5. In reviewing proposed amendments or changes the Board shall consider the impact of such amendments or changes upon the subdivision as:
a. 
Changes in direction of stormwater runoff;
b. 
Changes in velocities of runoff;
c. 
Impacts on abutting properties;
d. 
Impacts on street drainage systems;
e. 
Impacts on natural drainage channels, watercourses or streams.
7. 
Minor changes in the grading plan of a subdivision or a lot within a subdivision may be approved by the technical staff of the Board if and when it can be determined that no adverse impacts might result from such change and no other section of these rules and regulations is violated. Minor changes in the grading plan shall be defined as:
a. 
Changes in elevation of no more than one foot in cut or fill;
b. 
Changes in slope of no more than 2%;
c. 
Changes proposing a vertical retaining wall of no more than four feet in height no closer to any property or lot line than 15 feet.
8. 
Drainage systems shall be designed to accommodate the ten-year, twenty-four-hour storm. Cross culverts and major drainageways shall be designed to accommodate at least a twenty-five-year, twenty-four-hour storm. The preferred methodology for calculation of drainage shall be the United States Department of Agriculture — Soil Conservation Service, Technical Report 55 (TR-55) as amended. Other methodologies deemed appropriate may be used only after prior approval of the Board and upon recommendation of the Department of Public Works.
[Amended 11-2-1987; 1-8-2002; 1-11-2011]
9. 
With the exception of Local Streets, drainage facilities in the form of detention or retention basins or ponds may not be located within any street right-of-way, nor on any proposed building lot, nor within any open space area intended to be conveyed to the Town. Such facilities, if required as part of a subdivision, shall be located on separate parcels which are to be retained by the applicant or developer, or conveyed to an association of lot owners within the subdivision. The Planning Board shall have the authority to review and approve any documents related to an association of lot owners and may require a performance guarantee to be established to ensure the continued operation and maintenance of a drainage facility. The town shall have no responsibility for the maintenance of such basin or pond. Each detention basin, retention basin, pond, channel or similar structure must be designed to accommodate a two-, ten-, twenty-five-, and one-hundred-year storm; and a report, prepared and certified by a registered professional engineer, shall be submitted to show such calculations for each such storm event for each such basin, pond, channel or structure.
[Added 3-10-1998; amended 3-26-2001; 1-11-2011]
10. 
Local Street stormwater management systems.
[Added 1-11-2011]
a. 
Shall be designed so that the post-development discharge rates do not exceed predevelopment peak discharge rates.
b. 
Shall be designed so that loss of annual recharge to groundwater shall be eliminated or minimized through the use of infiltration measures, including environmentally sensitive site design, low impact development techniques, stormwater best management practices and good operation and maintenance.
c. 
Shall be designed to remove 80% of the average annual post-construction load of Total Suspended Solids (TSS).
d. 
Shall develop and implement a long-term operation and maintenance plan ensure that stormwater management systems function as designed.
11. 
The post-development drainage peak flow rate of runoff shall not exceed the predevelopment drainage peak flow rate of runoff.
[Added 3-26-2001]
12. 
The concentration and direction of post-development stormwater runoff onto adjacent property shall not be permitted unless proper drainage easements are obtained from all affected property owner(s). All such fully executed easements shall be provided at the time of submission of the plan.
[Added 3-26-2001]
13. 
Flooding or erosion onto land abutting the subdivision is prohibited. The proposed stormwater system must provide adequate protection against damage to property within and without the subdivision.
[Added 3-26-2001]
14. 
The proposed subdivision may not have an adverse impact upon water quality within or outside the subdivision. The drainage from surface water runoff may not pollute adjoining land.
[Added 3-26-2001]
15. 
Test pits shall be done in each drainage control basin and subsurface drainage structure by a licensed soil evaluator, and all results, analyses and conclusions of such tests, certified by a professional engineer, shall be provided to the Board.
[Added 3-26-2001]
16. 
For every drainage control basin or subsurface drainage structure, the applicant shall provide data taken from the test pits describing the distance from the surface of the ground to the highest observed groundwater levels or highest observed evidence of a water table such data to be taken at three-month intervals during the year.
[Added 3-26-2001]
17. 
Plans shall show all proposed subdrains with details. Plans shall show all proposed erosion control measures.
[Added 3-26-2001]
G. 
Open space. Before approval of a plan the Board may, in proper cases, require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land. The Board may, by appropriate endorsement on the plan, require that no building be erected upon such park or parks for a period of not more than three years without its approval.
If open space or other real property is to be conveyed to the Town, whether or not by special permit, then prior to the issuance of the first clearance certificate for construction of a building, the applicant must provide to the Planning Board a certification to the Town of Andover from an attorney licensed to practice in the Commonwealth of Massachusetts that the title to the subject open space or other real property is a good, clear, marketable title, and that the property is being conveyed free of all liens, mortgages and encumbrances.
[Added 3-26-2001]
H. 
Design standards for cluster subdivisions.
1. 
Subdivision design and construction standards contained in §§ VI and VII of these Rules and Regulations shall apply to cluster subdivisions insofar as these regulations are not in conflict with the Andover Zoning By-Law,[4] in which case the requirements of the Zoning By-Law shall apply.
[4]
Editor's Note: See Art. VIII, Zoning.
2. 
In its consideration of a plan being proposed as a cluster subdivision, the Board shall give particular attention to, and may use as a basis for its decision, the following criteria:
a. 
The arrangement of lots, streets and buildings as they may promote the harmonious integration of the proposed development with existing surrounding properties;
b. 
Originality in the overall layout and design to achieve the best possible relationship between the proposed development and the land;
c. 
Usability of open spaces for active or passive recreation, determined by size, shape, topography and location;
d. 
Inclusion within open spaces of irreplaceable natural features such as streams, mature trees or clusters of trees, rock outcrops, eskers, bluffs, slopes and historic or archaeological features;
e. 
Accessibility of open spaces to the handicapped, elderly and children;
f. 
Suitability of open spaces for scenic values and improvement or preservation of views.
3. 
Proposed open space areas deemed by the Board to be inappropriate for the uses of recreation, protection of significant natural features or buffering due to size, shape or location of such space or area shall be prohibited.
4. 
The Board may require the provision or reservation of pedestrian accessways of suitable width and in locations suitable for pedestrian movement of different types connecting open space areas within the cluster subdivision or to other adjacent open spaces.
5. 
The applicant shall demonstrate to the Board by a written statement accompanied by a sketch plan of a noncluster layout at a scale of one inch equals 40 feet or one inch equals 100 feet, the reason or reasons why the Board should give favorable attention to an application for a special permit to cluster.
I. 
Flood hazard avoidance. Any subdivision located in any part within the Flood Hazard District established under the Zoning By-Law shall comply with the following:
1. 
Subdivision design shall be consistent with the need to minimize flood damage within the flood-prone area, through use of clustering, open space reservation, street profile design and drainage.
2. 
All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage.
3. 
Drainage systems shall be designed in consideration of possible flooding to the base flood elevation.

§ 7 Road construction standards for subdivision improvements.

A. 
General.
1. 
This section contains certain specific construction standards, specifications and procedures for the installation of streets and services. Certain terms used in this section are considered common parlance in the field of such construction; however, such terms as may not be understood may be referred to the Department of Public Works for definition.
2. 
All road materials and construction methods shall meet the current Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, 1988, as amended from time to time, and the Town of Andover Department of Public Works Construction Specifications, January 1986, as amended.
[Amended 3-26-2001]
3. 
All road materials shall be approved by the Board prior to incorporation in the work.
B. 
Inspections.
1. 
The applicant shall keep the Board and the Department of Public Works fully informed as to the status and progress of all construction. The applicant shall notify the Department of Public Works at least 48 hours prior to commencement of any construction and before resuming work after a stoppage in construction, that such construction has progressed to a stage that inspection by the appropriate Town agency is required.
2. 
All fees and expenses for testing and inspection shall be paid to the Town by the applicant.
3. 
Failure of the applicant to notify the Board and Department of Public Works in timely fashion, as required herein, shall result in the Board requiring any work not inspected as a result of such failure to be exposed in order that the proper inspection may be made.
C. 
Grubbing.
1. 
All trees, brush, stumps, roots, boulders and all loam or other yielding material shall be removed from the full length and width of the roadway (pavement and shoulder).
2. 
The burial of materials mentioned in Subsection C, Paragraph 1, above shall not be permitted in the Town of Andover's former landfill or in any roadway, easement or open space area within the subdivision.
3. 
When the grubbing and removal work has been completed, the Department of Public Works shall inspect the road following notification by the applicant.
4. 
No fill shall be placed anywhere on the roadway prior to the inspection required by Subsection C, Paragraph 3, above.
D. 
Subgrade.
1. 
The entire length and width of the roadway shall be brought to subgrade with grade stakes set every 50 feet. A permanent bench mark shall be established and set to Environmental Science Services Administration datum.
2. 
The materials used for the subgrade shall meet the specifications for ordinary borrow in the Massachusetts Standards referred to in § VII, Subsection A, Paragraph I, above.
3. 
When the above work has been completed the applicant shall request the Department of Public Works to inspect the road.
E. 
Street opening permit. Any person proposing any excavation in any public way (pavement and shoulder) shall obtain a street opening permit from the Department of Public Works prior to undertaking such excavation.
F. 
Utilities.
1. 
All utilities, including services to the street line or property line, shall be installed upon completion of the subgrade and prior to placement of gravel.
2. 
When utilities are installed in an existing way, services shall be installed to the property line for all present and future lots.
3. 
Location ties shall be recorded by the developer for all bends, tees, plugs, valves, corporations, curb stops, wyes and sewer services at the property line prior to testing of the utilities. These location ties shall include type of fixture, depth, location with regard to a permanent surface feature and location with regard to any other subsurface utility feature, and shall be recorded and submitted in form acceptable to the Department of Public Works.
G. 
Sanitary sewer.
1. 
All connections to the Andover sewer system shall be in accordance with the "Town of Andover, Massachusetts Wastewater Facilities Plan, December, 1979," Camp, Dresser and McKee, Inc., and as this plan may be amended from time to time. No proposed subdivision for which connection to the Andover sewer system is contemplated, which lies outside the area designated for sewage collection in the above-mentioned Camp, Dresser and McKee plan or which requires the pumping of sewage to get into the system, shall be approved by the Board without prior written authorization by the Board of Health and the Board of Sewer Commissioners (Selectmen). If the proposed subdivision lies within the area designated and can be sewered, in accordance with the above plan, by means of the extension or replacement of sewer lines in streets existing at the time the subdivision is made, the Board may require, as a condition of approval, that the applicant construct such an extension at his own expense.
2. 
Sewer mains, eight-inch minimum, and service laterals, five-inch minimum, shall consist of extra strength vitrified clay.
3. 
Minimum cover from the top of the pipe to the finished grade shall be three feet of earth.
4. 
Maximum distance between manholes shall be 300 feet.
5. 
For pipes, fifteen-inch diameter and larger, a minimum of Class IV concrete pipe shall be required.
6. 
Precast concrete manholes shall be required.
7. 
Asphalt coating on all manholes shall be required.
8. 
No underground, surface or roof drainage shall be allowed to enter the sanitary sewer system.
H. 
Water.
1. 
When, in the opinion of the Board or upon recommendation of the Department of Public Works, a proposed subdivision necessitates extension or replacement of water lines in streets existing at the time the subdivision is made, the Board may require, as a condition of its approval, that the water lines, if found to be inadequate, be extended or replaced at the expense of the applicant, in accordance with the Town of Andover, Massachusetts, report, "Improvements to the Water Distribution System," Camp, Dresser and McKee, Inc., dated December 1972, and also according to the "Map of Existing Distribution System Showing Recommended Initial Improvements and Recommended Future Improvements," Camp, Dresser and McKee, Inc., dated December 1973, or as this report may be revised from time to time by the Department of Public Works.
2. 
Water service, installed to the property line, shall serve each lot within the subdivision.
3. 
The water system shall be designed and constructed in conformity with the specifications of the Department of Public Works.
4. 
Hydrants shall be provided at intervals of not more than 500 feet apart along each street and located at lot boundary lines, or in such other locations as may be recommended by the Department of Public Works or the Andover Fire Department.
5. 
Corporation stops shall be installed at the high points in the lines and within 50 feet of the ends of the lines, for testing purposes, if no hydrants are to be installed at those points.
6. 
Prior notice of at least 48 hours shall be given by the applicant, to the Department of Public Works, before any water main is shut off, and in no case shall a gate or hydrant be opened or shut without proper authorization.
7. 
The pipes and fittings shall be thoroughly cleaned before being laid and shall be kept clean until accepted in the finished work. The ends of all uncompleted lines shall be closed with temporary watertight plugs at all times when the pipe laying is not in progress, and no trench water or debris shall be permitted to enter the pipe.
8. 
Gates shall be installed at hydrants and intersections every 1,000 feet along a waterline, at the ends of each cross country line or as required by the Department of Public Works.
9. 
Hydrants shall be painted to the specifications of the Department of Public Works.
10. 
New water mains shall be looped to an existing main in order to provide adequate water services for domestic use and fire protection.
[Amended 3-26-2001; 1-11-2011]
I. 
Fire protection.
[Added 11-2-1987]
1. 
Proposed nonmunicipal water systems for residential subdivisions shall at a minimum be capable of providing and maintaining a fire flow of 500 gallons per minute, at a residual pressure of 20 pounds per square inch for a duration of two hours, at each lot. One- and two-family dwelling units that are two stories or less shall meet the following:
[Amended 5-2-2009]
Distance Between Dwellings
(feet)
Fire Flow Required
(gallons per minute)
More than 100
500
31 to 100
750
11 to 30
1,000
10 or less
1,500
Where the dwellings have fire sprinkler systems meeting the approval of the Fire Department, the fire flow requirements may be reduced as recommended by the Fire Department.
2. 
The Andover Fire Department shall review proposed nonmunicipal water systems in new subdivisions and shall make a report to the Board of its findings and recommendations regarding the adequacy of those systems to provide fire protection.
J. 
Drainage.
1. 
When, in the opinion of the Board or upon recommendation of the Department of Public Works, a proposed subdivision necessitates the extension or replacement of drain lines for the adequate disposal of surface and subsurface drainage, the Board may require, as a condition of its approval, that the drain lines be extended or replaced if found to be inadequate, and to secure drainage easements as are deemed necessary off the site of the subdivision, at the expense of the applicant, in accordance with the "Town of Andover Master Plan for Storm Drainage," by Camp, Dresser and McKee, Inc., dated February 1963, and as amended from time to time.
2. 
The drainage system shall be constructed so as to permit unimpeded flow in all natural watercourses, to ensure drainage at all low points, to control erosion, to intercept stormwater runoff along streets and to intercept drainage from crossing any street intersection.
3. 
Side underdrains shall be installed as field conditions warrant and shall be installed in locations determined by the written decision of the Director of Public Works.
[Amended 1-11-2011]
4. 
Catch basins shall be constructed on both sides of the roadway at intervals of not more than 400 feet, at all low points in the roadway and at all intersections.
5. 
Drainage pipes shall be a minimum of Class III twelve-inch-diameter reinforced concrete, and when installed shall have a minimum cover of three feet of earth from the top of the pipe to the finished grade.
K. 
Gas, telephone, electric and cable TV.
1. 
Utility systems, such as gas, telephone, electric and cable TV, shall be installed entirely underground with services to all lots.
2. 
Conduits to specifications of the Department of Public Works shall be installed where cables pass under paved areas.
L. 
Fire alarm. Fire alarm systems, with cable and conduit, fire alarm boxes and pedestals, and other necessary fittings, shall be constructed and installed in conformity with the specifications of the Fire Department to provide all lots ready access to the system.
M. 
Testing — water and sewer.
1. 
Prior to the testing of water- and sewer lines, all roadways shall be completed to subgrade with grade stakes every 50 feet, and easements shall be completed to finish grade.
2. 
The Department of Public Works shall be notified 48 hours prior to testing.
3. 
Sanitary sewers shall be subjected to a low-pressure air test in accordance with the American Society for Testing Materials, C 828-80, and as revised.
N. 
Gravel base course.
1. 
Offset grade stakes shall be installed at fifty-foot intervals.
2. 
Prior to the placement of the gravel on the roadway, the installation of all utilities, including services, and all required testing shall be completed.
3. 
Gravel shall conform to the Massachusetts State Specifications for Gravel Borrow, Section M1.03.0 Type B (maximum three-inch stone).
4. 
Gravel shall be placed to a minimum of 12 inches, compacted thickness, and to a width extending one foot beyond each edge of pavement.
5. 
Testing fees for soils, compaction, proctor and sieve analysis of the gravel shall be paid by the applicant.
6. 
Upon completion of the work outlined above, an inspection of the roadway shall be made by the Department of Public Works.
O. 
Pavement.
1. 
Offset grade stakes shall be installed at fifty-foot intervals.
2. 
A binder course of Class I bituminous concrete pavement, with a rolled depth of 2 1/2 inches, shall be installed.
3. 
Prior to the placement of the wearing surface, the applicant shall set all utility structures to grade, sweep the binder, and shim and patch the binder as necessary.
4. 
When the work outlined in Subsection N, Paragraphs 1, 2 and 3, above has been completed, the Department of Public Works shall inspect the roadway.
5. 
A wearing surface of Class I bituminous concrete pavement, with a rolled depth of two inches, shall be installed. It is the established policy of the Board and the Department of Public Works to inform applicants to refrain from installation of the wearing surface until all major construction on house lots served by the streets has been completed or substantially completed in order to avoid damage to the road.
6. 
Following the installation of the wearing surface, no excavations shall be permitted in the road surface for a period of five years except in emergency cases, and then only after written authorization has been obtained from the Director of the Department of Public Works.
P. 
Curbing.
1. 
Vertical granite curbing (Type VB) shall be installed along all sidewalks.
[Amended 3-26-2001]
2. 
In the Single Residence A Zone, granite curb inlets shall be installed at each catch basin and curved granite curbing shall be installed at each intersection.
[Amended 3-26-2001]
3. 
Bituminous concrete berm curbs (machine formed) shall be constructed along roadways where the grade is greater than 4%.
[Amended 3-26-2001]
4. 
Bituminous concrete berm curbs (machine formed) shall be constructed at any other location when deemed necessary by the Department of Public Works.
[Amended 3-26-2001]
5. 
Concrete berms shall be constructed at any other location when deemed necessary by the Department of Public Works.
6. 
On local streets, berms or curbs shall be installed in locations the Planning Board deems necessary.
Q. 
Sidewalks.
[Amended 3-26-2001; 1-11-2011]
1. 
Sidewalks shall be at least five feet in width and shall be constructed starting at the street line towards the pavement edge and shall consist of eight inches of compacted bank gravel (or equivalent) with a wearing surface of two inches of Type I bituminous concrete. The area between the sidewalk and the street pavement or curb shall be at least six inches of loam with appropriate seeding.
R. 
Shoulders and easements.
1. 
Shoulders and easements shall have six inches of loam, seeded with suitable lawn seed and stabilized.
2. 
Shoulders, sidewalks and driveway aprons shall in all cases be constructed six inches higher at the property line than at the gutter line.
S. 
Trees.
[Amended 3-26-2001]
1. 
Street trees shall be planted three feet outside of the right-of-way at intervals of 35 feet along the perimeter of the roadway.
2. 
Tree species shall be approved by the Forestry Superintendent with a minimum three-inch caliper measured four feet above the top of the root ball.
3. 
The developer shall be required to submit a landscaping plan for each cul-de-sac obstructions or plantings higher than 30 inches or tree limbs lower than eight feet shall be permitted within this area.
4. 
Center islands, if approved by the Planning Board, shall be designed as low-maintenance features, and the Town will assume no responsibility for upkeep or improvements.
5. 
Prior to street acceptance, all street trees planted within the right-of-way shall be approved by the Forestry Superintendent.
6. 
Street trees shall not be required on Local Streets.
[Added 1-11-2011]
T. 
Guardrails. Guardrails at the specifications of the Department of Public Works shall be constructed when, in the opinion of the Board, such guardrails are deemed necessary for safety.
U. 
Monuments.
1. 
Monuments shall be installed at all street intersections and at all points of change in direction or curvature of streets and at other points, where, in the opinion of the Board, monuments are necessary.
2. 
Monuments shall be a surveyor's granite marker three feet in length and six inches square and shall have a drill hole in the center. Monuments shall be set flush with finish grade.
3. 
Iron pipe markers, three feet in length, drill holes or other semipermanent markers shall be installed at all lot boundaries, including lots for open space provided for under the SCL and under these Rules and Regulations or Town by-laws, and at changes in course.
4. 
No monuments or semipermanent markers shall be installed until all construction, which would destroy or otherwise disturb such monuments or markers, has been completed.
5. 
Monuments and permanent markers shall be set and their locations certified by a registered land surveyor.
V. 
Street signs.
1. 
At the intersection of a street in a subdivision, reflective street signs shall be installed eight feet above ground, on a galvanized post, in accordance with the standards established by the Department of Public Works. In general, the location shall be one foot inside of the exterior street line.
2. 
All proposed street names shall be reviewed and approved by the Police, Fire and Public Works Departments prior to approval of the plan.
[Added 3-26-2001]
W. 
Record plans of utilities.
[Amended 3-26-2001]
1. 
Initial as-built plan. All utilities associated with the project shall be located by a registered land surveyor before each utility is backfilled and shall be shown on an initial as-built plan with the following certification: "I certify that the utilities as shown are as actually located in the field and have not been shown as a reproduction of contractor records."
a. 
The clearance certificate for any lot within the subdivision shall not be issued until all utilities associated with the subdivision have been installed, including the final grading and stabilization of drainage improvements and the roadway cut and fill embankments, and the as-built plan is approved by the Department of Public Works.
2. 
The initial certified as-built plan shall then be submitted and must be approved by the Department of Public Works before the placement of the roadway gravel.
3. 
The initial as-built plan shall show the following record information for utilities installed within the roadway layout:
a. 
Drainage system: show plan and profile, including manhole stationing and invert elevations. Show the as-built grading for all off-road drainage improvements and roadway side slopes.
b. 
Sewer system: show plan and profile, including stationing of manholes and wyes. Service stubs shall be shown with invert elevations and a minimum of three location ties.
c. 
Water system: show plan view with a minimum of three location ties to all water valves, tees, bends, plugs, stubs, corporations and curb stops.
d. 
Gas system: plan view with location ties to the gas main and services stubs.
e. 
Underground cables: plan view, including conduit size with location ties to the electric, communications, CATV and fire alarm conduit roadway crossings.
4. 
Final Mylar as-built plan: same as above but shall also include the final roadway center-line profile, profiles of off-road sewer and drainage lines along with the associated finish ground surface profile, rim elevations and the location and type of all installed monuments. This set of plans shall be submitted after the finish course of pavement is placed and all final grading is completed.

§ 8 Street acceptance procedures.

This section contains the guidelines and procedures to be followed by those applicants wishing to submit subdivision streets to the Town for acceptance at Town Meeting.
It is imperative that applicants, attorneys and engineers review, understand and follow these procedures, especially as to documents required and deadlines, in order to eliminate confusion and delay to all parties.
Final approval of the Form C plan does not constitute the laying out or acceptance by the Town of streets within a subdivision, nor entitle the streets to such acceptance.
Street acceptances within a subdivision are the financial and legal responsibility of the applicant.
A. 
Procedure sequence.
1. 
After all subdivision improvements have been installed and inspected by the Department of Public Works, the applicant shall compile the engineering and legal documents required for street acceptance and shall submit, according to the form and schedule prescribed by the Town Clerk, an Article for the Town Meeting warrant seeking acceptance of the street by Town Meeting voters.
2. 
At least 90 days prior to Town Meeting, the applicant shall submit all required documents (See § VIII, Subsection B, below.) to the Board. The Board shall forward the documents to Town Counsel and the Town Engineer for review and approval.
3. 
At least 60 days prior to Town Meeting, Town Counsel and the Town Engineer shall complete their review of the documents and shall notify the Board, in writing, of approval or disapproval of these documents. Those documents found defective shall be returned to the applicant for correction.
4. 
At least 45 days prior to Town Meeting, in the case of documents to be corrected, the applicant shall submit the corrected documents to the Board, which shall be delivered to Town Counsel and/or the Town Engineer for final review.
5. 
At least 30 days prior to Town Meeting, when corrected documents have been required, Town Counsel and the Town Engineer shall complete their final review and file a written report stating approval or disapproval of the documents.
6. 
The applicant or his representative shall make a motion on the floor of Town Meeting that a vote be taken to accept the subdivision street(s), as provided in the warrant Article.
B. 
Street acceptance documentation. The applicant shall submit the following documents and materials to the Board:
1. 
Mylar plan showing the street or streets to be accepted. This plan shall be entitled "Street Acceptance Plan" and shall show the streets and all appurtenant easements by bounds, courses and distances. (Note: This plan is not to be confused with the as-built plan normally required by the Department of Public Works.)
2. 
Instruments suitable for recording running to the "Inhabitants of the Town of Andover" for all easements which are not a part of the street or streets (drainage, sewer, water). These instruments must be signed by all parties having any interest or rights in such easements.
3. 
Deed for the street itself, running to the "Inhabitants of the Town of Andover." This deed shall contain a legal description of the street named in the petition and shall be signed by all parties having any rights or interests in such street.
4. 
A quitclaim deed for open space parcels (if applicable) running to the "Inhabitants of the Town of Andover" in a form acceptable to the Andover Conservation Commission.
[Amended 3-26-2001]
5. 
Certificate of compliance with conditions imposed on the development by the Conservation Commission under the Wetlands Protection Act[1] in a form acceptable to the Conservation Commission.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
6. 
Certificate(s) signed by the applicant's attorney certifying that all necessary parties have signed all easement instruments, street deeds and open space deeds.
7. 
Names and addresses of each property owner and mortgagee having rights or interests in the streets, easements and open space and the names and addresses of each abutter thereto, along with a request for a public hearing by the Board of Selectmen for street acceptance pursuant to Massachusetts General Laws, Chapter 82, Section 22.
8. 
Certificate of notice signed by the applicant's attorney that all property owners, mortgagees and abutters have been notified of a public hearing pursuant to the provisions of Massachusetts General Laws, Chapter 82, Section 22, with a return to the Board not less than seven days before the public hearing. Said notice to be in the following form:
"Notice is hereby given that the Board of Selectmen of the Town of Andover will hold a Public Hearing on _____ in the _____ in the matter of the layout of _____ as a Public Way."
9. 
Check made payable to the North Essex Registry of Deeds for the recording of instruments and deeds in an amount to be determined by the Town Clerk.
C. 
Special requirements.
1. 
For streets and ways within a subdivision of land, title to which or any portion of which has been registered under Massachusetts General Laws, Chapter 185, by the Land Court, the applicant shall submit to the Board an easement reading as follows: "an easement running to the inhabitants of the Town of Andover for all purposes of a public way or street including the right to install, repair, maintain, alter, and operate sanitary sewerage, drainage, water lines and other appurtenant utilities in, into, upon, over, or across said land as shown on Land Court Plan No. _____ (sheets) _____) filed in the Essex County North District Land Registration Office in Land Court, Book No. _____, Page _____. All of said boundaries are determined by the Court to be located as shown on Subdivision Plan No. _____, drawn by _____, dated _____, as modified and approved by the Court, filed in the Essex County North District Land Registration Office, a copy of which is filed with Certificate of Title No. _____."
2. 
All property taxes owed to the Town of the open space lot(s), if any, must be paid before the Town will recommend the street for acceptance.
3. 
Within 30 days of Town Meeting acceptance of streets, easements and open space, the Town Clerk will file the appropriate instruments and deeds at the Registry of Deeds.

§ 9 Administration.

A. 
Waivers. The provisions of these rules and regulations are considered the minimum standards for the protection of the public welfare.
If any mandatory provision of these regulations is won by the applicant, to the satisfaction of a majority of the Board present at a scheduled public meeting, to be unreasonable and to cause unique and undue hardship as it applies to his proposed subdivision, the Board may, in the interest of justice, grant a waiver to such applicant from such mandatory provision; provided, however, that the Board also finds that such waiver or waivers is (1) in the public interest and (2) not inconsistent with the intent and purpose of the SCL.
In granting waivers, the Board may impose such conditions as will, in its judgment, encourage a design which will secure as nearly as reasonable on the facts, the objectives of the standards or requirements so waived.
Waiver of specific rules and regulations.
[Added 1-8-2002]
1. 
Pursuant to MGL c. 41, § 81-R, the Board may waive strict compliance with these Rules and Regulations in any particular case where such action is in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law. A waiver shall be approved only by a motion which gives reasons why the waiver is appropriate, and which motion shall be supported by a majority of the members of the Board. The Board may make its approval of a waiver conditional upon certain requirements for the proposed subdivision.
2. 
If the applicant wants certain requirements waived for a plan submitted pursuant to these Rules and Regulations, the request for waiver shall be submitted together with the application. The request for waiver shall state the particular rule and regulation for which a waiver is requested and give the justification for the waiver.
3. 
If the Board fails to make the findings to grant a waiver, the waiver request shall be considered denied.
4. 
If no waiver request is submitted, the noncompliance with these Rules and Regulations may provide the basis for determining that the application is not a proper submittal or that it should be denied.
Failure to comply.
[Added 1-8-2002]
Failure to comply with the provisions of these Rules and Regulations Governing the Subdivision of Land in Andover, Massachusetts, shall be reason for denial of a subdivision filed thereunder.
Modification after approval of subdivision.
[Added 1-8-2002]
Waivers may not be granted after the approval of a subdivision without a subdivision modification. Any and all deviations from the approved, endorsed and recorded subdivision plans shall require a modification to a subdivision plan to be filed in accordance with MGL c. 41, § 81W.
B. 
Records. The Board shall maintain an accurate record of all the plans upon which it takes action and of its findings, decisions and recommendations in relation thereto.
C. 
Amendment.
1. 
The Board may from time to time amend these Rules and Regulations by appropriate action taken at a public hearing, as required by SCL, Section 81Q.
2. 
All plans submitted under the SCL and all plans evolved therefrom shall be governed by the rules and regulations in effect at the time of submission of the plan, provided that a Form C plan is duly submitted within seven months from the date on which its Form B plan, if any, was submitted.
D. 
Partial invalidity. If any provision or provisions of these Rules and Regulations are finally adjudged invalid by a court of competent jurisdiction, such action shall not affect the validity of any other provision nor of the rules and regulations as a whole.

§ 10 Appendixes. [1]

A. 
These appendixes contain forms, application forms, pictorial representations, charts, graphs and other such materials developed and used by the Board in the orderly and reasonable administration of its duties under the SCL. They are included here as a convenience to the applicant and to assist the Board in administering the SCL.
B. 
These appendixes may from time to time be added to or diminished in number by the Board without a public hearing; and any item now or hereafter a part of the appendixes may be modified, amended or changed, also without public hearing.
[1]
Editor's Note: The Appendixes are included at the end of this chapter.