Any person who wishes to submit a Definitive Plan of land to the Planning Board for its approval shall complete the following steps;
5.1.1 Form C filing with Town Clerk
The Applicant shall file a definitive subdivision application, using a Form C (See Forms), with the Town Clerk by hand delivery or by registered mail, postage prepaid. Three (3) copies of the Form C shall be stamped by the Town Clerk. One (1) copy shall be kept in the Clerk's files, with the other two, to be kept in the Planning Board office;
5.1.2 Notice to Board of Health w/plans
The applicant shall give written notice to the Board of Health, together with a copy of Form C and one copy of the Definitive Plan.
5.1.3 Notice to Board w/ sets of plans
Written notice shall be given to the Planning Board, together with two copies of the application forms, (Form C - one original and one copy), nine (9) contact prints of the plans and a reproducible Mylar;
5.1.4 Filing Fee
a) Base Filing Fee: A filing of $275.00 base fee, plus $325.00 for each lot if a preliminary plan has been filed; or a filing fee of $275.00 base fee, plus $400.00 for each lot if a preliminary plan has not been filed;
b) Modification Filing Fee: Any modification of a definitive subdivision shall be subject to the same filing fees as if the plan were a new definitive subdivision submission.
c) Project Review Fee: See Attached Project Review Fees Schedule at End of Document
d) Failure to Pay Fees: Failure to pay all fees listed above in 5.1.4a-c at the time of submission of the definitive plan will result in the plan being denied.
5.1.5 Site Evaluation Statement
Submit an Environmental and Community Impact Analysis, if required (see Section 5.4);
5.1.6 Certified copy of deed/proof of ownership
A certified copy of the recorded deed for the parcel for verification of ownership and Form to allow authorization to do so if applicant is other than owner.
5.1.7 List of names of abutters
A list of the names and mailing addresses of all abutting property owners as they appear in the most recent tax list(s). This list shall not be more than 6 months old. The list must include property owners on the opposite side of any street abutting the subdivision and abutters to abutting property owners within three hundred feet of the property under development consideration. The list of owners and their mailing addresses shall be certified by the Assessor's Office. Two sets of the addressed and stamped envelopes containing the names of the abutters must be provided to facilitate notice to the abutters.
5.1.8 List of waivers
If applicable, a list of any waivers of the regulations being requested, and the reasons for requesting such waivers. Please refer to Section 2.5 regarding general procedures for waivers.
5.1.9 Construction Schedule
The approximate scheduled time within which the ways in the subdivision will be completed and the public utilities and other improvements required by the Board will be installed therein. If the approved time is exceeded, the bond or conditional approval may be exercised or the approval may be rescinded.
5.1.10 Type of Performance Guarantee
A statement of the type of performance guarantee which the applicant plans to submit in the event of approval of the Definitive Plan.
5.1.11 Quitclaim Deed to streets subject to acceptance; and to open space areas subject to Town purchase
Upon approval of a subdivision, a sample quitclaim deed, including the descriptions for all streets and ways to be dedicated, shall be placed with the Planning Board of the Town of North Andover.
5.1.12 Modification of Definitive Subdivision:
No modification, amendment, or rescission of the approval of a plan of a subdivision or changes in such plan shall affect the lots in such subdivision which have been sold or mortgaged in good faith and for a valuable consideration subsequent to the approval of the plan, or any rights appurtenant thereto, without the consent of the owner of such lots, and of the holder of the mortgage or mortgages, if any thereon; provided, however, that nothing herein shall be deemed to prohibit such modification, amendment or rescission when 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 Board.
The Definitive Plan shall be prepared by a professional engineer or by a professional land surveyor registered in the Common-wealth of Massachusetts. A set of definitive subdivision plans shall contain the following sheets, unless otherwise approved by the Board:
1. Cover Sheet
2. Lot Layout Plan
4. Street Plan and Profile
5.Typical Sections, Details and Notes
6.Waiver Requests
(For large subdivisions, requiring the use of multiple sheets for Items 2 and 3, a Drawing Index Sheet, showing the entire subdivision at a legible scale, shall be included after the cover sheet.)
5.2.1 Plans to be prepared per Registry of Deeds Rules/Regs; Land Court Manual of Instructions
All plan sheets shall be prepared in accordance with the Rules and Regulations of the Register of Deeds or the Land Court Manual of Instructions. Plan sheets shall be 24" by 36" with a minimum of 3/4 inch borders;
5.2.2 Signature Blocks; space for revision dates
Each sheet shall be provided with a signature block for the endorsement by the Board and certification by the Town Clerk with spaces for annotating dates of approval and conditions of endorsement. Each sheet shall also be provided with a space for listing and dating revisions to the plan a sample is placed in the appendices;
Each sheet, other than the Cover Sheet, shall contain a title block in the lower right corner, identifying the name of the subdivision, the title of the sheet, the name and address of the record owner and applicant, date and scale of the plan, and the name and address of the firm or individual preparing the plan a sample is placed in the appendices;
5.2.4 Seal/signature of RPE/RLS
The original Mylar and Form C shall bear the original seal and signature of the professional(s) responsible for the preparation of the plan;
5.2.5 Plan Contents
The plans shall include the following information:
5.2.5.1 Cover Sheet
a.) Subdivision name, name and address of record owner, name and address of the applicant, a locus plan at a scale not smaller than 1"=1400', identification of the zoning district(s), and index to all the plan sheets, a legend, project bench mark data, reference and identification of the starting bench mark, date of submission, and the names and addresses of the professional(s) engaged in the preparation of the plans and a description of the area of responsibility of each professional.
b.) Notation 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.
5.2.5.2 Lot layout plan
The Plan shall be prepared at a scale of 1 "=40', unless otherwise required by the Board; and show the following information:
1. Bearings, distances and curve data to readily determine the location, direction, and length of every existing and proposed lot line, street line, way, easement and boundary line in and abutting the subdivision;
2. Location and names of all abutters as they appear on the most recent tax list, including owners of the property on the opposite side of all streets abutting the subdivision;
3. Location of all permanent monuments, identified as to whether existing or proposed. Ties, with bearings and distances, shall be shown to a minimum of two (2) existing permanent monuments in or adjacent to the subdivision.
4. All bench marks and elevations shown on the subdivision plans shall be based on the National Geodetic Vertical Datum of 1929 (NGVD) and the starting NGVD bench mark shall be referenced on the plans;
5. The area of each lot and any easements, in square feet and in acres. The units of acres shall be rounded to a minimum of three (3) decimal places;
6. The contiguous buildable acreage, total frontage of each lot and the total lot width for each lot in accordance with the Town of North Andover Zoning By-law;
7. Any lot(s) not meeting the minimum frontage, lot width, or lot area in accordance with the requirements for the zoning district in which it is situated. Such lots shall be designated as "not a building lot";
8. Lot numbers enclosed in a circle and house numbers as assigned by the DPW;
9. Location, names, status, and widths of pavement and right-of-way of all existing streets bounding, approaching or within reasonable distance of the subdivision and a notation if any of the streets is designated as a "scenic road";
10. All existing structures in the subdivision and within 50' of the perimeter of the subdivision;
11. Proposed structures on lots, the configuration of such structures and all proposed grading associated with such structures.
12. All stone walls, fences, cart paths, water bodies or water courses bounding or crossing the subdivision;
13. Zoning district(s) classification(s) of the land in the subdivision and the precise location of the boundaries of these district(s);
14. Reference(s) to any existing or proposed covenants and/or restrictions, including any variances or special permits either granted or required by the North Andover Planning Board, the Zoning Board of Appeals or the North Andover Board of Selectmen. Recorded copies of said covenants, restrictions and/or zoning relief shall be provided to the Board;
15. References to all deeds and plans of record used to establish the property lines of the subdivided parcel and of all the streets, ways and easements including deed references to the abutting lots; (see section 5.1.7)
16. A clearly marked north arrow, which shall be identified as to whether it is magnetic or true north or shall be referenced to a record plan and so stated.
The Plan shall be prepared at a scale of 1 "=40' with a two (2) foot contour interval, unless otherwise required by the Board; and show the following information:
1. Existing and proposed boundaries of all lots, streets, ways and easements within and adjacent to the subdivision;
2. Existing contours in the subdivision and extending 50' beyond the perimeter of the subdivision. Spot elevations shall also be shown in areas where the existing grades are 1% or less;
3. Proposed contours indicating the finished grades of all proposed construction in the subdivision. Spot elevations shall also be shown in areas where the finished grades are less than 1%;
4. The extent of all existing and proposed streets, drives, walks, handicap ramps, parking areas and the like;
5. Center line with stations of all proposed streets;
6. All stone walls, fences, and cart paths within, bounding or crossing the subdivision;
7. All existing structures in the subdivision and within 50' of the perimeter of the subdivision;
8. All existing wells and septic systems, that can be observed and/or are on file with the Town of North Andover Board of Health, in the subdivision and within 100' of the perimeter of the subdivision;
9. Location of all proposed structures, wells, and septic systems in the subdivision, including all required setback dimensions to lot lines, wells, septic systems and presumed Wetland Resource Areas boundaries;
10. Location and identification of all groundwater observation and percolation test pits and/or borings in or adjacent to the subdivision. Logs of observed data of these tests shall be shown on the definitive subdivision plans (use an additional sheet, if necessary);
11. Existing and proposed water courses, drainage ditches, streams, brooks, water bodies, retention swales and/or detention basins including annual and 100 year high water elevations;
12. Where feasible, indicate location and identification of all Wetland Resource Areas boundaries in and within 100' of any proposed construction, land regrading and/or Wetland Resource Areas alteration within the subdivision. Wetland Resource Areas boundaries shall be delineated in the field with numbered flags by a qualified Wetland Resource Areas specialist, surveyed and shown on the plan(s) with the reference to flag numbers. The resource areas shall be identified in accordance with the Massachusetts Wetland Protection Act (M.G.L. c.131, s.40), and the Town of North Andover Wetlands Protection Bylaw;
13. The location of the 100 year flood boundary, as shown on the Flood Insurance Rate Map (FIRM), in and within 100' of the subdivision;
14. The location and type of all existing and proposed above and below ground utilities;
15. The location and identification of all permanent project bench marks in the subdivision. A minimum of two (2) bench marks are required for each street;
16. The location, size and type of all proposed street trees. Street tree species shall be in accordance with the accepted species and installation practices as referred to in Section 6.18 of these Regulations;
17.The location and methods of all proposed erosion/sedimentation control within the subdivision;
18.The location of proposed stocking area(s) for "earth" materials;
19.Existing and legally allowed stump dump(s);
20.The location of proposed area(s) for disposal of surplus "earth" materials. The finished grades of these areas shall be indicated by contours and/or spot elevations with the volume of "fill" indicated;
21.The location of area(s) to be utilized for borrow materials. The finished grades of these areas shall be indicated by contours and/or spot elevations with the volume of material indicated;
22. That if excess "earth" materials are proposed to be disposed of off site, then a notation stating the volume of "earth" to be removed, as defined in the Town of North Andover Zoning By-law and/or the requirements of the Town Earth Removal Board regarding Sand, Gravel, or Loam, shall be provided on the plan(s). Permits for such earth removal shall be obtained from the Special Permit Granting Authority prior to filing a definitive subdivision plan. This volume shall include all amounts of "earth" proposed to be removed for the construction of streets, sidewalks, driveways, structures, and all other improvements related to the subdivision. If no "earth" is to be removed, a statement to such effect shall be included on the plan(s);
23. A notation stating the volume of "fill" material proposed to be obtained off site including borrow, gravel, and other materials necessary for the construction of the streets, sidewalks, driveways, structures, and all other improvements related to the subdivision;
24. A note which says "No building or structure shall be built or placed on any lot without a permit from the Board of Health, if such a permit is required."
5.2.5.4 Street plan and profile
a. This sheet shall show the plan of the proposed streets drawn to a scale of 1 "=40' with the existing and proposed profiles, drawn directly below the plan at a horizontal scale of 1 "=40' and a vertical scale of 1 "=4', unless otherwise required by the Board;
b. The street plan shall show the following information:
1. Bearings and distances of all tangents along the center line and the right-of-way;
2. Radii, arc length and central angle of all curves along the center line and right-of-way;
3. Points of intersection of all tangents (pi's), with tangent lengths, of all center line curves;
4. Stations shall be clearly marked at 50' intervals along the street center line and at points of curvature and tangency (pc's and pt's) of all curves. Where the center line intersects itself or other proposed streets, the point of intersection shall be clearly marked with a station equation;
5. Existing and proposed lot lines intersecting the right-of-way with the frontage and lot numbers shown;
6. Bearings and distances of all lines of existing and proposed easements;
7. Existing and proposed pavements, including dimensions of all streets, sidewalks, handicapped ramps, driveways and parking areas;
8. Existing and proposed curbs and berms and identification of the materials;
Existing and proposed drainage facilities with pipe sizes and materials including catch basins, manholes, culverts, headwalls, detention and/or retention basins, and outlet pipes/structures with rim and invert elevations, as applicable;
10. Existing and proposed water mains with sizes and materials including hydrants, gates and appurtenances;
11. Existing and proposed sewer mains with sizes and materials including manholes with rim and invert elevations;
12.Existing and proposed gas mains;
13.All other existing and proposed, above and below ground, utilities including electric, telephone, cable T.V., poles, conduits, transformers and appurtenances;
Existing and proposed street trees;
14.Two (2) permanent bench marks shall be shown on the plan for each street. Bench marks shall be identified with sufficient data to readily determine their location and elevation in the field.
c. The street profile shall show the following information:
1. Existing center line profile drawn with a fine dashed line and the existing elevations labeled at 50' intervals;
2. Existing left and right, right-of-way profiles drawn in fine lines - dot dash for left and dot dot dash for right with limits of normal crown and superelevated sections and the percent of superelevation shown;
3. Proposed center line profile drawn in solid line with proposed stations and elevations labeled at 50' intervals and at points of vertical curvature, gradient intersection, and tangency (pvc,. pvi, and pvt).
Where the center line intersects itself or other proposed streets, the point of inter-section shall be clearly marked with the existing and proposed elevation and station equation;
4.Gradient lines shall be labeled with the rate of grade expressed as a percent;
5.Lengths of all vertical curves shall be labeled, including applicable sight distances and other information required in the Design Standards for Streets, Section 6.8.
6.Existing and proposed drainage facilities including drainage lines, catch basins, manholes, culverts, headwalls, outlet pipes/ structures shall be drawn in solid lines showing pipe sizes, pipe slopes, rim and invert elevations. Stations and offsets shall be indicated for all catch basins, manholes, culverts, headwalls and outlet pipes/structures;
7.Existing and proposed water pipes shall be drawn in solid lines showing pipe sizes, depths of cover, laterals to hydrants and station and offset(s) to hydrants;
8.Existing and proposed sewer pipes and manholes shall be drawn in solid lines showing pipe sizes, pipe slopes, rim and invert elevations, and station and offsets to manholes;
9.Vertical clearances shall be labeled between all crossing utilities;
10.The roadway centerline 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.
11.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.
5.2.5.5 Typical sections, details and notes
a. Typical cross-section of each street (if more than one type) showing width of the right-of-way, width of pavement, curbs, cross slope, sidewalk(s), grass strips, utility locations and depths of cover, thickness and types of pavements for the street and sidewalk, thickness of street and sidewalk base courses, thickness of loam, location of guardrail, existing and proposed grades, and the maximum grade of return to existing grade. One side of the section shall indicate a typical "fill" and the other a typical "cut";
b. Typical cross-section(s) and details of all proposed retention and/or detention basins showing existing and proposed grades, details of inlet pipes with inverts and full flow capacity, outlet control structures and pipes with inverts and full flow capacity, ten (10) and one hundred (100) year storm water elevations, details and elevations of emergency spillway structure(s), embankment construction and slope treatment, top of dam elevation, and volume of storage capacity;
c. Profiles of all cross-country drain pipes, swales or ditches with typical cross sections of each;
d. Details of drainage structures including catch basins, manholes, headwalls, flared-end sections, outlet and velocity control structures, rip-rap slopes and channels;
e. Details of sewer manholes and drop inlet structures;
f. Details of hydrants, blow-off valves and thrust blocks;
g. Detail(s) of curb installation(s);
h. Detail of handicap ramp;
i. Detail of guardrail(s);
j. Detail(s) of erosion/sedimentation control devices;
k. Plans, details, sections, and profiles of any other utility, structure or facility proposed in the subdivision;
l. All plans and profiles shall be drawn at a horizontal scale of not less than 1"=40' and a vertical exaggeration not greater than 1 "=4'; details and sections shall be drawn at a scale of not less than 1 "=4' or approximately 1/4 scale if drawn "not to scale", unless otherwise approved by the Board;
m Specific and general notes identifying the standards for materials and construction methods of all the elements in the subdivision. Accepted standards and specifications include the following:
n American Society for Testing and Materials (ASTM)
American Water Works Association (AWWA)
Commonwealth of Massachusetts Highway Department Standard Specifications for Highways and Bridges
State Environmental Code - Title 5
Specifications by the Town of North Andover as set forth Appendices I - IX, inclusive, of these Rules and Regulations.
5.2.6 Test Data
The following test data shall be submitted :
a. 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.
b. 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 (a) above.
c. Soil borings or test pits shall be made at locations and to depths determined by the Director of Public Health along all proposed roadways. The Director of Public Health shall view the open pits. Samples and boring logs shall be submitted to the Director of Public Health 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. Where the roadway will be "cut" with side slopes 10 feet or greater in height, the soil exploration shall include borings or test pits to obtain soil type and groundwater elevation information sufficient to determine if permanent slope erosion protection devices are required.
d. The plan shall include a calculations package prepared by the professional land surveyor which indicates the perimeter, lot, and right-of-way closure calculations
