No subdivision of any land, improvement 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.

Unless otherwise provided for in the Town of North Andover Zoning By-law or in the Massachusetts General Laws, Chapters 40A and 41-81, no more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the Town, without the consent of the Board. Such consent may be conditioned upon the providing of adequate ways, furnishing access to each site for each such building, in the same manner as otherwise required for lots within a subdivision.

No land shall be subdivided unless it is of such character that it can be used for building purposes without danger to the public health and safety. No land shall be subdivided unless the subdivision plan shall provide means of drainage and sanitary sewage disposal adequate in the opinion of the Board to fully protect the public health.

Each subdivision plan shall make such provision for water supply, storm water drainage, surface water drainage, sanitary sewage disposal, fire hydrants, utilities, curbs, sidewalks and other improvements as in the opinion of the Board is proper and adequate for the particular subdivision, and in places deemed proper by the Board, open spaces for parks and playgrounds shall be provided.

Streets in each subdivision shall be laid out to provide for continuation of the principal streets adjoining or entering the subdivision, especially in regard to safe intersections with such streets, and so arranged and of such widths as to provide an adequate and convenient system for present and potential traffic needs, and for the proper projection of streets as laid out in the proposed subdivision into adjoining land, on which there are no existing streets. Street names shall be assigned to proposed streets in a manner to avoid confusion from the towns existing streets.

2.5.1 Required Improvements

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 applicant, and/or that the applicant make physical improvements to and within such a way of access, from the boundary of the subdivision to a Town, county or State way.

2.5.2 Dedication of Land to Widen Right-of-way

Where the physical condition or width of a public way from which a subdivision has its access is considered by the Board to be inadequate to carry the traffic expected to be generated by such subdivision, the Board may require the Applicant 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 a public 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 paid by the Applicant.

The recording of a plan of subdivision within the Town at the Registry of Deeds or the Land Court prior to the effective date of the Subdivision Control Law in the Town of North Andover (February 18, 1954) shall not exempt the land within such subdivision from the application and operation of these Rules and Regulations except as specifically exempted in M.G.L. c.41, Sect 81.

2.7.1 Failure to Comply

Failure to comply with the provisions of these Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts, shall be reason for denial of a subdivision filed thereunder.

2.7.2 Waiver of Specific Rules and Regulations

Pursuant to MGL Section 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 their approval of a waiver conditional upon certain requirements for the proposed subdivision.

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.

If the Board fails to be able to make the findings to grant a waiver, the waiver request shall be considered denied.

If no waiver request is submitted, the non-compliance 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.

2.7.3 Waiver of a Submission Requirement

Where an applicant requests the waiver of a filing or submission requirement, the Board must make the finding that the waived requirement is not in violation of State law nor impairs the ability of the Board or other Town Boards and officials to understand the nature and impacts of the proposed plan. In addition, the Board must find that the waived requirement would not impair the ability of the Board to process the application.

Where a waiver request from a filing or submittal requirement is not granted, the application may be deemed an improper submittal and the application denied on that basis. Alternatively, the Board may grant the applicant's request for an extension in order to submit the required material and circulate it to other Boards.

2.7.4 Waiver of a Development Standard

Where an applicant requests the waiver of a development standard and the applicant will not withdraw the waiver request, the Board must make the finding that the waived requirement will not impair the functioning, long term maintenance nor appearance of the future development of the land shown on the plan. The waived requirement must not result in an adverse impact for the areas adjacent to the land shown on the plan, and must be consistent with the Board's development objectives.

Where a waiver request for a development standard is not granted , that rule or regulation must be used as the basis for denial of the application or the imposition of a conditional approval.

2.7.5 Modification After Approval of Subdivision

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 M.G.L. Chapter 41, Section 81U.

2.8.1 Minimum Requirements

The provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

2.8.2 More Restrictive Standard to Apply

These regulations are not intended to interfere with, abrogate or annul any other by-law, regulation, statute, or other provision of law. If any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other regulation, by-law or other provision of law, whichever provision is more restrictive or imposes a higher standard shall apply.

2.8.3 Separable

If any part or provision of these regulations, or if application of any part or provision of these regulations to any particular circumstances, is adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of these regulations or the application of the remainder of these regulations as a whole to other circumstances.

Upon adoption of these regulations, the Rules and Regulations Governing the Subdivision of Land in North Andover, Massachusetts adopted in February of 1989 as amended, are hereby repealed (except to such section(s) expressly described in M.G.L. c.41, Section 81.)

The Board may from time to time amend these regulations. The Board in the manner described in M.G.L. c. 41, Section 81-Q, shall hold public hearings on all proposed amendments.

Before the Board may act on an application filed pursuant to these Rules and Regulations, the Board shall first determine whether the submitted application is complete and properly submitted.

If an application is determined to be an improper submittal, it shall be denied without need of a public hearing but with prior written notice to the applicant that the Board will be considering whether the application is a proper submittal. A determination that an application is not a proper submittal shall be filed with the Town Clerk within fourteen (14) days following the vote of the Board.

For purposes of clarification, "Substantially Incomplete" plans can be defined as lacking critical information and or entire sections of the subdivision regulations that would be cause for a staff member to not have sufficient information to determine compliance with, or meeting the requirements of, the subdivision regulations. Not including a drainage analysis when required is substantially incomplete.

When the applicant does not own the property shown in 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 corporation, corporate documents must be submitted indicating who has signing authority to enter into agreement on behalf of the corporation.

An applicant may withdraw a submitted plan by filing with the Planning Board and the Town Clerk a written request for withdrawal (see Form R for sample language). If the request is filed before public notice is given in the case of a Definitive Subdivision Plan or before a Preliminary Subdivision Plan is shown on a Planning Board agenda, the withdrawal request does not require Planning Board approval. If the withdrawal request is submitted later, Planning Board approval by a majority vote is required.

An applicant may request an extension to the statutory limits for the Planning Board to take action on an application in order to provide additional time to discuss issues related to an application filed pursuant to these Rules and Regulations. The request shall be made in writing on Form S, giving a description of the application and plan, the date of filing, the statutory deadline for action, any previously approved extensions, the length of the requested extension, and the proposed date for final action.

A copy of the request for an extension, once approved, shall be filed with the Town Clerk.