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.

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.

Easement plan drawn and certified by a registered professional engineer or a registered land surveyor.

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.

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:

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.

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.

At least four paper copies of the plan.

Filing fees: See appendix.[1]

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.

Names and addresses of all abutters as determined from the most recent tax list.

At least 12 paper copies of the plan.

Any supporting data which may be helpful to the Board in evaluating the plan.

Filing fee: See appendix.[2]

Subdivision name, boundaries, North point, locus plan, date (month/day/year), scale, legend and title "Preliminary Plan."

Names of the record owner and the applicant and the name and address of the designer, engineer or surveyor.

Existing and proposed lines of streets, ways, easements and any public areas within the subdivision in a general manner.

Proposed system of drainage, including adjacent existing natural waterways, in a general manner.

Approximate boundary lines of proposed lots, with approximate areas and dimensions.

Names, approximate location and widths of adjacent streets.

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.

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.

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.

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.

Twelve complete sets of blue-line or black-line prints of the plan.

Twelve copies of reports containing support data as may be required by the Board under these Rules and Regulations.

Plan filing fees: See appendix.[3]

The Form C plan shall be drawn in black ink on Mylar sheets not to exceed 24 inches by 36 inches.

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.

The plan shall be drawn at a scale of one inch equals 40 feet.

If multiple sheets are used they shall be accompanied by an index drawing showing all match lines.

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.

Identification information.

Site conditions. The following site conditions shall be shown on the plan:

Test data. The following test data shall be submitted:

Proposed layout. The following information describing the proposed subdivision's layout shall be provided:

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.

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.

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.

A copy of the Board of Health report shall also be submitted to the applicant.

Failure of the Board of Health to report shall be deemed constructive approval by the Board of Health.

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.

A public hearing shall be scheduled by the Board in accordance with SCL, Section 81-T.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Collector street: designed to serve a residential area of over 75 lots or dwellings.

Major street: designed to serve a residential area of over 20 lots or dwellings.

Minor street: designed to serve no more than 20 lots or dwellings. Minor streets shall be considered internal subdivision streets.

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.

Industrial street: designed to serve subdivisions to be developed as industrial or office parks.

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.

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.

Proposed streets shall conform to any master road plan adopted in whole or in part by the Board.

The Board may require satisfactory provision for projection of streets to adjoining properties not yet developed.

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.

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°.

Property lines at street intersections shall be rounded or cut back to provide for a radii of not less than 20 feet.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Driveway center lines shall not be placed less than 75 feet from the center line of the connecting roadway at any intersection.

All new roadways and streets, including private ways, shall be constructed in accordance with the following standards:

Shall service no more three lots or dwellings.

The minimum length of local streets shall not be less than the minimum lot frontage distance in the zoning district in which proposed.

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:

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.

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.)

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.

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.

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.)

For design purposes, dead-end streets shall be considered minor streets.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Changes in direction of stormwater runoff;

Changes in velocities of runoff;

Impacts on abutting properties;

Impacts on street drainage systems;

Impacts on natural drainage channels, watercourses or streams.

Changes in elevation of no more than one foot in cut or fill;

Changes in slope of no more than 2%;

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.

Shall be designed so that the post-development discharge rates do not exceed predevelopment peak discharge rates.

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.

Shall be designed to remove 80% of the average annual post-construction load of Total Suspended Solids (TSS).

Shall develop and implement a long-term operation and maintenance plan ensure that stormwater management systems function as designed.

The arrangement of lots, streets and buildings as they may promote the harmonious integration of the proposed development with existing surrounding properties;

Originality in the overall layout and design to achieve the best possible relationship between the proposed development and the land;

Usability of open spaces for active or passive recreation, determined by size, shape, topography and location;

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;

Accessibility of open spaces to the handicapped, elderly and children;

Suitability of open spaces for scenic values and improvement or preservation of views.

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.

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.

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.

Water system: show plan view with a minimum of three location ties to all water valves, tees, bends, plugs, stubs, corporations and curb stops.

Gas system: plan view with location ties to the gas main and services stubs.

Underground cables: plan view, including conduit size with location ties to the electric, communications, CATV and fire alarm conduit roadway crossings.