A separate storm water management report shall be submitted together with the definitive subdivision plans. The report shall be prepared in accordance with the applicable provisions of Section 6.14 and Appendix VIII of these Regulations.
5.4.1 Applicability:
a. Any subdivision of any residential subdivision which creates frontage for six (6) or more dwelling units, and all non-residential subdivisions, shall be accompanied by eight (8) copies of an Environmental and Community Impact Analysis. The Board may require portions of this Analysis be carried out for shorter roads if, in their opinion, the sensitivity of the land, neighborhood or infrastructure warrants the investigation. The Environmental and Community Impact Analysis shall clearly and methodically assess the relationship of the proposed development to the natural and man-made environment of North Andover. This report shall be prepared by professionals qualified, experienced, and, as applicable, licensed, in their fields. Such professionals may include Registered Professional (Civil) Engineers, Traffic Engineers, Architects, Landscape Architects, Land-Use Planners, Hydrologists, Biologists and other environmental professionals. The applicant shall bear the cost of this analysis.
b. Any further subdivision of land, over a period three years (the term beginning at the recording date of the prior plan ) , which in total creates six lots, shall be required to meet the requirements of item 5.4.1.a. above. The Planning Board may waive such requirement as it applies to this item.
5.4.2 Purpose:
This analysis shall be a guide to the Planning Board in its deliberations and will build into the Board's decision-making process consideration of the environmental and community impacts of the proposed development.
5.4.3 Concerns to be Addressed:
For each of the components of the Environmental and Community Impact Analysis listed under paragraph 4 below, each of the following concerns must be separately addressed:
a. The Environmental and Community Impacts of the Proposed Development - The primary and secondary environmental and community impacts, both beneficial and adverse, anticipated as a result of the proposed development; this section shall include all impacts resulting from the construction phase as well as those resulting from the projects completion;
b. Adverse Impacts which cannot be avoided should the proposed development be implemented The report shall describe the kinds and magnitudes of adverse impacts which cannot be reduced in severity or which can be reduced in severity but not eliminated;
c. Alternatives to the proposed development - The report shall develop, describe, and objectively weigh alternatives to the proposed development which are allowed by the Zoning By-law; and
d. Measures to be used to minimize adverse environmental and community impacts -Corrective and protective measures which will be taken, as part of the project, to minimize adverse impacts shall be described in detail.
5.4.4 Topics to be Evaluated and Level of Detail Required:
The Applicant, as part of a Preliminary Subdivision Plan submitted in accordance with the requirements of Section IV, shall provide a draft Environmental and Community Impact Analysis. The draft shall address all pertinent aspects of Section 5.4. The Planning Board, upon review of the draft Environmental and Community Impact Analysis, shall specify which of the following topics shall be evaluated in detail, within the Definitive Plan submittal. If no preliminary subdivision plan is submitted, the Environmental and Community Impact Analysis shall evaluate all of the following topics:
5.4.4.1 Natural Environment
a. Air and Noise Pollution - The impact of local air quality and noise from the proposed development(including traffic generated from the development), both during and after construction, shall be evaluated; for larger developments (over 30 dwelling units) the Planning Board may require detailed technical reports of such impacts;
b. Water Pollution - The impact of storm water run-off on adjacent and downstream surface water bodies and sub-surface ground water shall be evaluated; dangers of flooding as a result of increased downstream runoff, especially peak runoff; and the impact of the proposed project on water table levels shall also be analyzed;
c. Land - Compatibility of the proposed development with existing soils; the impact of any soils or other such materials to be removed from or added, to the site; and the potential dangers and impacts of erosion and sedimentation caused by the proposed development;
d. Plants & Wildlife - The impact that the proposed project may have on wildlife habitat and on any rare or endangered plant or animal species known to exist in the area;
e. Water Supply - The average and peak daily demand and the impact of such demands on the ground water; and
f. Sewage Disposal - The average and peak daily disposal and the impact of each disposal on the ground water.
5.4.4.2 Man-Made Environment
a. Existing Neighborhood Land Use - Compatibility with adjacent or nearby existing land uses, or approved private development plans, if known, for adjacent or nearby land use changes to occur during the life of the proposed development; if not compatible, reasons therefor shall be detailed; and
b. Zoning - Compatibility of proposed development with the purposes of the Zoning By-Law and the Zoning district(s) within which the site is located.
5.4.4.3 Public Services
a. Schools - The expected impact on the school system, both elementary and secondary levels, and the number of students;
b. Police - The expected impact on police services, time and manpower needed to protect the proposed development and service improvements necessitated by the proposed development;
c. Fire - Expected fire protection needs; on-site fire fighting capabilities; on-site alarm or other warning devices; fire-flow water needs, source and delivery system and other needs shall be presented; fire department service improvements necessitated as a result of the proposed project shall also be discussed;
d. Recreation - On-site recreation provisions shall be detailed and off-site recreation demands shall be estimated; provision for public open space, either dedicated to the Town or available to its residents or employees shall also be described;
e. Solid Waste Disposal - Analysis of the projected volume and type of solid waste to be generated by the proposed development and methods of removal;
f. Traffic - The expected impact of traffic generated by the proposed development on area roadways; discussion shall include existing average and peak traffic volumes and composition, projected average and peak traffic generation and composition, intersection impacts and analysis of area roadway and intersection capacities; methodologies used to make projection shall be included; and
g. Highway - Projected needs, responsibility and costs to the Town of roadway maintenance shall be analyzed; impacts of construction equipment on area roadways shall also be discussed and the impacts of road work to be defined during construction.
5.4.4.4 Aesthetics
a. Lighting - The type, design, location, function and intensity of all exterior lighting facilities shall be described; attention given to safety, privacy, security, and daytime and nighttime appearance shall be detailed;
b. Landscaping - Provisions for landscaping shall be described including type, location and function of all plantings and materials; and
c. Visual - Attention given to views into the site and from the site shall be described; included shall be long-distance views as well as views to and from adjacent properties.
5.4.4.5 Planning
Analyze the compatibility of the proposed development and its alternatives with the goals and objectives of the most recent Master Plan and the most recent Open Space and Recreation Plan.
5.4.4.6 Traffic Impacts
The applicant shall provide an analysis of development impact which, at a minimum, includes the following:
a. The existing Level of Service (LOS - see definition below) of relevant road systems including quantitative and qualitative measurements of operational factors including speed, travel delay, freedom to maneuver and safety;
b. The expected change in the condition of relevant road systems as a result of the proposed development;
c. The comparison on a per-acre basis of the total vehicular traffic generation from the proposed development with:
i) The existing and potential vehicular traffic generation from all other developments accessing relevant road systems; and
ii) The vehicular traffic generation which would be expected to produce a LOS below LOS "C"; and
d. In determining the impact of vehicular traffic generation from a development, the following standards and definitions shall be used (unless the applicant demonstrates to the Planning Board that given the nature of the proposed project or applicable road systems, other standards are appropriate:
i) Trip generation rates for land uses as listed in the most recent update of Trip Generation, Institute of Transportation Engineers, Washington, D.C.; and
ii) Levels of Service: "Level of Service (LOS) is a term which traffic engineers use to define the various operating conditions that occur on a roadway or intersection when accommodating various traffic volumes; although LOS is a qualitative measure of traffic flow, it is an acceptable measurement for determining overall impact of development on roadway networks; LOS "A" is associated with relatively free-flow and average overall traffic speed in excess of 30 miles per hour; LOS "B" represents stable flow with minor delays and speeds of 25 miles per hour or greater; LOS "C" corresponds to the design capacity of a road system and indicates stable flow with delays, and speeds of 20 miles per hour or more; LOS "D", "E", and "F" correspond to decreasing abilities to travel greater than 15 miles per hour and correspond to the over-capacity of the road system.
5.4.4.7 Cost/Benefit Analysis
The Applicant shall provide a cost/benefit analysis of the development at full build-out; this municipal cost/benefit analysis should follow standard and usual procedures for measuring both the benefits to be derived and costs to be incurred by the Town of North Andover as a result of the proposed development; this also should estimate net benefits or costs of non-quantifiable environmental impacts.
5.4.4.8 Cost Estimate
The applicant shall provide a complete cost estimate for the proposed subdivision street utilities, storm water management and erosion protection facilities and other portions of the proposed infrastructure required for the subdivision development. The cost estimate will be used to determine the amounts required for performance bonds, or other types of guarantee, and for estimates of inspection costs.
The estimate shall include quantities of all materials and work, and the unit prices used by the applicant to produce the cost estimate.
5.4.4.9 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, protected Wetland Resource Areas as defined by the North Andover Wetlands Protection Bylaw) 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, protected Wetland Resource Areas as defined by MGL Chapter 1315.40 and Chapter 178 of the Code of North Andover, or major drainage ways;
(viii) location and types of both temporary and permanent control measures;
(ix) dimensional details of facilities.
(c) Details including:
(i) detailed drawings of erosion and sediment control structures, showing key dimensions and other important details;
(ii) design assumptions and calculations for structural measures such as sediment basins, channels and outlet protection;
(iii) seeding specifications;
(iv) maintenance noted.
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 State 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 Cty, MA, by United State Department of Agriculture Soil Conservation Service.
(d) Urban Hydrology for Small Watersheds, Technical Report 55, by United States Department of Agriculture Soil Conservation Service.
5.5.1 Application Review:
Within fourteen (14) days after the filing of the Definitive Plan Application (Form C) with the Board, the Board's Designee shall notify the Board of any missing or incomplete information in the application. Upon such notification, the Board shall notify the applicant in writing of said missing or incomplete information in the application. At that time, the applicant may withdraw an incomplete application by notifying the Board and the Town Clerk, in writing, of the decision to withdraw the application from consideration. If the applicant withdraws the application, the filing fee shall be forfeited.
If the applicant does not withdraw an incomplete application within seven (7) days of notification of incompleteness, the Board shall proceed to advertise and hold a Public Hearing on the application as submitted. No additional information or materials shall be accepted for review after the receipt of application is acknowledged by the Board without their express written consent. If the Board approves the acceptance of additional submission materials, the applicant is required to formally amend the application with amendment materials being provided to the Town Clerk, the Board of Health and the Board.
5.5.2 Public Hearing:
Upon determination by the Board that the application for approval of the Definitive Plan is complete, or that it is incomplete and the applicant has failed to withdraw or seek to formally amend the application, the Board shall set a date for the public hearing and so notify the applicant.
Notice of the hearing shall be typed by the Board or the Board's Designee. Then, at the applicant's expense, the applicant will advertise the notice in a newspaper of general circulation in North Andover in each of two (2) successive weeks, the first publication being not less than fourteen (14) days before the day of such hearing: and by mailing, return receipt requested, not less than ten (10) days before the date of the hearing, a copy of the advertisement to all owners of land abutting upon the land included in the plan as appearing on the most recent tax list. Proof of receipt of the advertisement being placed must be provided to the Planning Department ten days prior to the public hearing.
5.5.3 Report of the Board of Health:
The Board of Health shall submit a written report to the Board within forty-five (45) days after the plan is filed. Said report shall indicate approval or disapproval of said plan and, in the event of disapproval, shall make specific findings in the report, and where possible, shall make recommendations for adjustment. Failure to report within forty-five (45) days after filing shall be deemed approved by the Board of Health. If the proposed subdivision is to be serviced by the North Andover sewage system, failure to report within forty-five (45) days after filing shall also be deemed approved by the Board of Health.
Extreme care shall be practiced in the layout of a subdivision in un-sewered areas. The extent of soil evaluation shall be determined by the North Andover Health Agent based on the Town of North Andover Soils Maps and whatever other soil information is available. The tests which may be required include deep hole test holes, percolation tests and test borings, and the number of tests required shall be determined by the North Andover Health agent.
5.5.4 Plan Review by Other Town Officials:
Prior to approval of any Definitive Plan, the Board shall give due regard to the reports of the Office of Planning, Conservation Commission, Police Department, Fire Department, Health Department and the Building Department and any technical expert hired by the Board.
Where any deviations from the design requirements specified by these Rules and Regulations or the Town of North Andover's design standards and construction specifications are indicated on the plan, the Board's Designee shall so notify the Board and shall provide a written statement approving or disapproving said deviation.
The Board's Designee shall also provide a recommendation of the proper amount of security as required in Section 6. This recommendation shall be based on information provided by the Applicant on the cost of performing the various items of work described in the plans. Due to the fact that the Board is using the security as assurance of project completion, the Board may, at their reasonable discretion, factor in administrative costs, applicable prevailing wage schedules, engineering and inspection services and a contingency for the project.
