[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also superseded former Art.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
XIIIa AppendixesConstruction 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.
[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.
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]
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]
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.
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.
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.
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.
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;
(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.
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:
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]
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.
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.
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.
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).
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:
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:
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.
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.
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.
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.
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.
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]
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:
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"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."
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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.
A.
Waivers. The provisions of these rules and regulations are considered
the minimum standards for the protection of the public welfare.
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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.
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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.
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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.
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Failure to comply.
[Added 1-8-2002] | ||
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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.
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Modification after approval of subdivision.
[Added 1-8-2002] | ||
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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.
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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.
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.