This paper 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. The applicant contacts the Town Clerk's office to find out the deadline for submitting the actual warrant article to ensure their place on the Town Meeting Warrant. A copy of the as-built and layout plans are placed on file with the Town Clerk at the time of submission of the warrant article.

3. The applicant should meet with the Town Planner at least 4 months prior to Town Meeting date to review any outstanding issues or missing forms within the subdivision and/or file itself.

The applicant shall submit all required documents and materials to the Planning Department (See Section B-Street Acceptance Documentation) and other applicable departments listed below at least 3 months prior to Town Meeting. The applicant sends any legal documentation required (all deeds, easements, conveyance of open space land to the town, certificate signed by the applicant's attorney certifying that all necessary parties have signed all easement instruments, street deeds and open space deeds, etc.) to Town Counsel for review of this documentation, accompanied by a letter explaining what subdivision you are requesting street acceptance on and for Town Counsel to review the enclosed documentation. You must also send a copy to the Staff Engineer at the Public Works Department so they can verify that the deeds and easements match up to those depicted on the as-built plans.

A copy of these requests must be submitted to the Planning Department for our records.

4. At least sixty (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.

5. At least forty-five (45) days prior to Town Meeting, in the case of documents to be corrected, the applicant shall submit the corrected documents to Town Counsel and/or the Town Engineer for final review. A copy of the re-submitted documentation shall be provided to the Planning Department.

6. The applicant will be scheduled for a public hearing (prior to Town Meeting) in front of the Board of Selectmen so that they may also make a recommendation to Town Meeting. The applicant can contact the Selectmen's Office to find out when they will be scheduled for their public hearing.

7. If the applicant has received favorable recommendations from DPW, Town Counsel and the Planning Department, the applicant will be placed on the next available Planning Board Meeting (prior to Town Meeting) so that they can receive a recommendation from the Planning Board to be made to Town Meeting.

8. At least thirty (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.

9.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 Planning Department:

a. Certificate of Completion request to the Planning Department relative to the Subdivision. A copy of this request shall also be made simultaneously to the Department of Public Works and/or the inspecting agent.

b. The applicant also sends a memorandum to the DPW requesting a final punch list of outstanding items to be completed within the Subdivision.

c. The applicant submits a copy of the stone bound certification.

d. The applicant submits (if they haven't previously) a mylar of as-built plans and layout plans to the Planning Department and the Department of Public Works showing the street or streets to be accepted. The layout plans (not to be confused with the as-built plans) shall show the streets and all appurtenant easements by courses and distances. The plans shall be labeled individually; one being titled "Street As-Built Plan" and the other being titled "Street Layout Plan". The Selectmen will endorse the layout plan therefore a signature block must be provided for them to endorse the plans.

e. Certificate of Compliance with conditions imposed on the development by the Conservation Commission under the Wetlands Protection Act.

f. Instruments suitable for recording running to the "Inhabitants of the Town of North 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 rights or interest in such easements.

g. Deed for the street itself, running to the "Inhabitants of the Town of North 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.

h. Deed of gift in trust for "open space" parcels (if applicable) running to the "Inhabitants of the Town of North Andover" in a form acceptable to the Planning Department.

i. Certificate(s) signed by the applicant's attorney certifying that all necessary parties have signed all easement instruments, street deeds, and open space deeds.

j. Name 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.

k. Certificate of Notice signed by the applicant's attorney that all property owners, mortgages, 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 of Selectmen not less than seven (7) days before the Public Hearing. Said notice to be in the following form:

"Notice is hereby given that the Board of Selectmen of the Town of North Andover will hold a Public Hearing on _________________ in the _________________ in the matter of the layout of _________________ as a Public Way."

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 the following: "an easement running to the 'Inhabitants of the Town of North 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._________________, 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 for the Open Space lot(s), if any, must be paid before the Town will recommend the street for acceptance. Proof of this payment must be provided by the applicant to the Planning Department through virtue of a receipt from the Treasurer's Office.

D. WORK TO BE COMPLETED AFTER ACCEPTANCE AT TOWN MEETING

1.Following street acceptance by Town Meeting:

a. Developer brings original recorded deeds and easements and original mylar of endorsed plans to the Planning Department;

b. Planning Board will release final bond monies (usually maintenance monies) upon request of developer.