LOCAL REGULATIONS
[1]Definitions
Vegetated Wetlands – Any area
of at least 300 square feet where surface or groundwater, or ice, at or near
the surface of the ground support a plant community dominated (at least 50 per
cent) by wetland species or have created hydric soils.
Unvegetated Wetlands – Coastal
areas, such as flats and unvegetated intertidal areas; coastal and freshwater
beaches, dunes, and banks; and land subject to flooding. Also, inland areas subject to flooding which
do not support wetland vegetation or contain hydric soils, but which store at
least 1/8 acre feet of water to an average depth of six inches at least once a
year, or the statistical equivalent, and land areas two feet or less vertically
above the high water mark of any lake or pond defined by Chapter 12 of the
General By-Laws of Provincetown; regulations promulgated by the Provincetown
Conservation Commission or 310 CMR. Does
not include swimming pools, artificially lined ponds or pools, wastewater
lagoons, or stormwater runoff basins, the construction of which may be
regulated but do not themselves constitute regulated areas.
Bog – A freshwater wetland
characterized by peat accumulation usually dominated by moss. Receives only
direct precipitation; characterized by acid water, low alkalinity, and low
nutrients.
Marsh – A freshwater or
coastal wetland permanently or periodically inundated characterized by
nutrient-rich water.
Swamp – A freshwater wetland
characterized by forest, shrub, or reed cover (called a fen). Mostly refers to
a forested wetland in
Wet Meadow - An
open prairie, grassland or savannah with waterlogged soils but without standing
water for most of the year.
Flats – The
intertidal shore along the coast. Flats
may be rocky, muddy, or sandy. They are
inundated daily by the tides but the resource area extends inland to the
highest spring tide water mark. A
portion of the resource area flats may overlap with coastal beach or other
related resource areas.
River – Any
natural flowing body of water that empties to any ocean, lake, pond, or other
river and which flows throughout the year.
Stream – A
body of running water, including brooks and creeks, which moves in a definite
channel in the ground due to a hydraulic gradient, and which flows within,
into, or out of a resource area as defined by Chapter 12 of the Provincetown
General By-Laws, regulations promulgated by the Provincetown Conservation
Commission or any Area Subject to Protection under 310 CMR. A stream is generally smaller than a river
and may flow intermittently or throughout the year.
Reservoir – A
man-made lake created when a dam is built on a river.
Ponds – Any
open body of fresh water which exists throughout the year except in times of
severe drought.
Estuaries – Any
embayment or partially enclosed coastal body of water where the tide meets the
current of any stream or river. Also,
any are where fresh water and salt water mix and tidal effects are evident.
Agriculture – Any
work with produces food or other products for commerce or subsistence. This term shall include aquaculture.
Protection of Land Containing Shellfish
– means protection of the capacity
of an Area Subject to Protection Under M.G.L. c. 131, Section 40:
(a) to prevent or reduce contamination or damage to
shellfish; and
(b) to serve as their habitat and nutrient source.
Land Containing Shellfish –means land under the ocean, tidal flats, rocky
intertidal shores, salt marshes and land under salt ponds when any such land
contains shellfish.
Shellfish; mean the following species – Bay scallop (Argopecten irradians); Blue mussel (Mytilus edulis); Ocean
quahog (Arctica islandica); Oyster (Crassostera virginica); Quahog (Mercenaria magellanicus); Soft shell
clam (Mya arenaria).
Shellfish Constable – means the official in a city or town, whether
designated a constable, warden, natural resources officer, or by some other
name, in charge of enforcing the laws regulating the harvest of shellfish.
Land Under the Ocean – means land extending from the mean low water line
seaward to the boundary of the municipality’s jurisdiction and includes land
under estuaries.
Nearshore Areas – as defined in 310 CMR 10.25
Bank - “Bank” shall include
the land area which normally abuts and confines a water body; the lower
boundary being the mean annual low flow level, and the upper boundary being the
first observable break in the slope or the mean annual flood level, whichever
is higher.
Vernal
Pool -
“Vernal pool” shall include a confined basin depression which, at least in most
years, holds water for a minimum of two continuous months during the spring
and/or summer, and which is free of adult fish populations, as well as the area
within 100 feet of the mean annual boundary of such a depression, regardless of
whether the site has been certified by the Massachusetts Division of Fisheries
and Wildlife. Vernal pools shall include
those mapped and certified by the Massachusetts Natural Heritage and Endangered
Species Program as well as those areas identified in the field as eligible for
certification by a professional wetland biologist or other expert.
Rare
Species - “Rare species” shall include, without limitation, all vertebrate and
invertebrate animal and plant species listed as endangered, threatened, or of
special concern by the Massachusetts Division of Fisheries and Wildlife, regardless
of whether the site in which they occur has been previously identified by the
Division.
Person - “Person” shall
include any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the Commonwealth or
political subdivision thereof to the extent subject to town bylaws,
administrative agency, public or quasi-public corporation or body, this
municipality, and any other legal entity, its legal representatives, agents, or
assigns.
Alter - “Alter” shall
include, without limitation, the following activities when undertaken to, upon,
within or affecting protected and jurisdictional resource areas;
1. Removal, excavation,
or dredging of soil, sand, gravel, or aggregate materials of any kind.
2. Changing of
preexisting drainage characteristics, flushing characteristics, salinity
distribution, sedimentation patterns, flow patterns, or flood retention
characteristics.
3. Drainage or other
disturbance of water levels or water table.
Dumping, discharging, or filling with any material which may degrade
water quality.
Isolated
Vegetated Wetland - Isolated vegetated wetland is any area with surface or ground water or
ice at or near the surface of the ground and greater than 500 square ft. which
supports a plant community (cover) comprised of 50% or greater of wetland
species, or which in the judgment of the Commission, supports a significant
community of wetland vegetation.
Passive
Recreation - Passive recreation refers to non-consumptive, non-motorized uses such
as wildlife observation, walking, biking, canoeing and fishing as well as
trail- based hiking, mountain biking, horseback riding, picnicking. The goal of
providing passive recreational uses is to promote the least impact on the
wetland ecosystem. Passive recreation
generally encompasses the less intensive range of outdoor activities compatible
with preserving natural resource functions such as wildlife habitat and
floodplain protection. Passive
recreation is that which emphasizes the open-space aspect of a park and which
involves a low level of development, including picnic areas and trails.
Article 1 - Beach
Access/Parking: Harbor Beaches
Anyone wishing to drive on or park on any
The driver and/or registered owner of a motor vehicle in
operation and/or parked upon the beaches, flats or any “Resource Area” found to
be doing so without a permit, sticker or form by the Conservation Commission
Enforcement Officers, the Shellfish Constable or the Provincetown Police shall
be fined $100.00 for the first violation, $200.00 for the second violation,
$300.00 for the third violation, etc.
The Conservation Commission has the authority to issue
this Regulation for State owned and “private” beaches because it is the
enforcing authority for the State Wetlands Protection Act (MGL #131, sec. 40)
as well as the Provincetown Wetlands By-Law.
The reason for this Regulation is the driving of vehicles on the beach
alters a state or town defined resource area.
1.1
Procedure: Anyone wishing
to obtain a Beach Access sticker or form shall apply to the Department of
Community Development in Town Hall. A simple, one-page form is completed
with the boat license number, lobstering number, aquaculture license number, etc.
Access Stickers: The Shellfish Committee will supply the
Department of Community Development with lists of all lobstermen, small boat
fishermen, aquaculture works and frequent recreational boat users known to
them. Upon payment of a fee as set by
the fee schedule in Appendix A, the applicant will be issued a sticker that is
good for one year.
Access Forms: Upon approval and payment of a fee
as set by the fee schedule in Appendix A, the applicant will be given a copy of
the application form to be posted inside the vehicle windshield.
Appeals: Applicants denied an access
sticker or short-term application form may apply to the Commission to be put on
the agenda for the next Public Meeting of the Conservation Commission.
The final decision will be made by the Conservation Commission and the Chair of
the Shellfish Committee.
[2]Article 2. 100 Foot Buffer
Pursuant to the regulation
of activity under Chapter 12 of the Town of
By-laws in the 100 ft.
buffer zone of resource areas given in 310 CMF (l)(a) and given
in Chapter 12 Section 2
the following performance standard shall be
satisfied.
Within the 100 foot buffer zone of resource areas
an undisturbed buffer zone 50 ft. in width shall be provided between wetland
resource areas and the limit of site disturbance. Proposed structures within the 100 foot
buffer zone shall not be located closer than 80 ft. from the resource area, so
that attendant construction, landscaping and maintenance activities may ensue
without buffer zone insult.
This regulation shall not be
construed to preclude access paths, vista pruning or construction of water
dependent structures within the buffer zone, any of which may be permitted at
the Commission’s discretion.
These regulations
notwithstanding, the Conservation Commission will consider any and all
proposals for activity within the buffer zone on a site specific basis,
disposing of each according to its merit and the degree to which wetland
interests have been protected and preserved at the locus.
Article
3. Administrative Review
To better serve the public’s interests under
Chapter 12 of the Provincetown General By-Law, the Conservation Commission or
its agent shall accept and review applications for an Administrative
Review. A nonrefundable Administrative
Review fee shall be collected at the time of submittal. (See fee schedule in Appendix A)
3.1 Such Review shall constitute an administrative
opinion as to whether or not a project proponent needs to submit a filing to
the Conservation Commission. An opinion
will be provided in writing within 2 weeks and shall serve as evidence of the
proponent’s due diligence to comply with Chapter 12 of the Provincetown General
By-law. The Commissioners shall be
copied on all Administrative Reviews.
3.2 Any person who disagrees with the opinion provided
may file a Request for Determination of Applicability as a means to appeal the
decision.
3.3 The Administrative Review may be appealed due to
lack of action after two weeks by filing a Request for Determination of
Applicability.
3.4 The project proponent shall understand that any work
beyond the scope of the Administrative Review shall be subject to enforcement
action.
3.5 The opinion provided under the Administrative Review
shall be considered accurate for one year unless relevant changes are made to
the Provincetown General By-Law or to the regulations promulgated
thereunder. The Administrative Review
process is not meant to provide relief from new regulations unless work under
the Review has begun prior to the effective date of any changes.
3.6
Minimum submissions shall include
the property address, map and parcel, full scope of work and a G.I.S. sketch
plan.
Article 4.
Pursuant to Chapter 12 of
the Provincetown General By-law, the
Conservation Commission
promulgates the following vista pruning regulations:
4.1
4.2 No work is
allowed in a resource area, except as specifically permitted by the
Commission in Land Subject
to Coastal Storm Flowage, Land Subject to Flooding, and Coastal Banks.
4.3
Prior to a required site visit by the Conservation Agent, live trees and dead
trees for which removal is requested should be flagged with tape.
4.4
Removal of trees is by flush cutting, not digging. If at all possible, cut trees or limbs should
remain in the buffer zone to provide habitat value. Transport of the cut wood or brush to outside
of the buffer zone shall be by hand, not with the use of heavy equipment.
4.5 In
regards to live trees and dead trees:
a) Removal
is generally not allowed. Exceptions
would be with express approval from the Commission or Agent and generally due
to hazards to buildings.
b)
Limbing of dead wood on a live tree is permitted.
c)
Limbing of lower branches is limited to no more than 20% on an individual tree.
d)
Limbing is not permitted between January 15 and September 30 to protect tree
viability and nesting habitat.
e)
Topping is not permitted without express approval.
4.6 In
regards to shrubs and brush:
a) No
cutting or thinning allowed except of dead material.
4.7 In
regards to ground cover:
a) No
disturbance is permitted.
4.8 In regards to greenbriar and other climbing vines:
a) Removal, by
hand-pulling or clipping around base of tree, is permitted.
4.9 The extent of pruning allowed is at the discretion
of the Agent. Work requested beyond that
approved by the Agent may require additional filings.
4.10
Article
5. Wetlands Protection Violations.
Pursuant to Chapter 12 of
the Provincetown General By-Law, violations shall be
as follows:
The Commission shall have authority to enforce
Chapter 12 of the Provincetown Bylaws (Wetlands Protection Bylaw), its regulations,
and permits issued thereunder by violation notices, enforcement orders, under
the Town’s non-criminal disposition section of its general bylaws, pursuant to
G.L. c. 40, §21D, and civil and criminal court actions. Any Police Officer, Conservation Agent,
Harbormaster, or Shellfish Constable shall have authority to enforce these
regulations. Any person who violates
provisions of the wetlands bylaw and its regulations may be ordered to restore
the property to its original condition and take other action deemed necessary
to remedy such violations, or may be fined, or both.
Any person, who violates any provision of the wetland
bylaw, or regulations, permits, or administrative orders issued thereunder,
shall be punished by a fine of $300.
Each day or portion thereof during which a violation continues, or
unauthorized fill or other alteration remains in place, shall constitute a
separate offense, and each provision of the wetlands bylaw, regulations,
permits, or administrative orders violated shall constitute a separate offense.
5.1 Violations shall be categorized as follows:
a) Type 1:
any unauthorized removing, filling, dredging, building upon, degrading, or
discharging into, or otherwise altering of any of the following resource areas:
any freshwater or coastal wetlands; vegetated and unvegetated wetlands;
marshes; flats; wet meadows; bogs; swamps; vernal pools; banks; reservoirs;
lakes; ponds of any size; rivers; streams; creeks; beaches; dunes; estuaries;
the ocean; lands under water bodies; lands subject to flooding or inundation by
groundwater or surface water; lands subject to tidal action, coastal storm
flowage, or flooding;
b) Type 2:
any unauthorized removing, filling, dredging, building upon, degrading, or
discharging into, or otherwise altering within 100 feet of any of the following
resource areas: any freshwater or coastal wetlands; vegetated and unvegetated
wetlands; marshes; flats; wet meadows; bogs; swamps; vernal pools; banks;
reservoirs; lakes; ponds of any size; rivers; streams; creeks; beaches; dunes;
estuaries; the ocean; lands under water bodies; lands subject to flooding or
inundation by groundwater or surface water; lands subject to tidal action,
coastal storm flowage, or flooding;
c)
Type 3: failure to comply with an enforcement order issued
by the Provincetown Conservation Commission or its agents.
d) Type 4:
any unauthorized activity beyond the scope of an Order of Conditions,
Determination of Applicability or Certificate of Compliance issued by the
Conservation Commission. Any unauthorized activity beyond the scope of an
Administrative Review issued by an agent of the Conservation Commission. Making any false, inaccurate or misleading
statements in any filing. Failure to
comply with any certification on project plans.
Leaving in place unauthorized fill or otherwise failing to restore
illegally altered land to its original condition.
5.2 Penalties for violations shall be as follows:
Violation Fine
a)
Type 1 $300
b)
Type 2 $300
c)
Type 3 $300
d)
Type 4 $300
Article
6.
Under
the terms of the Conservation Commission Act, Conservation land is received and
held "in the name of the city or town." The Conservation Commission
has a clear authority under the Conservation Act to adopt rules and regulations
for the use of its land. The Town of
6.1 All people are welcome to enjoy themselves without
charge in conservation lands from ½ hour before sunrise to ½ hour after sunset.
6.2 No person shall litter or engage in illegal
dumping. This shall mean the leaving of
any foreign materials on conservation land.
This includes, but it not limited to, pet waste, food waste and
cigarettes.
6.3 No cars, trucks or other powered vehicles or tools
except for municipal vehicles are allowed except on designated roads.
6.4 The use of firearms is prohibited, except on the
Clapp’s Pond Property when use in accordance with any other applicable laws.
6.5 No trapping, hunting or collecting of flora and
fauna is allowed on Conservation lands. Hunting is not prohibited on the
Clapp’s Pond Property when in accordance with any other applicable laws.
6.6 For
public safety reasons, unpermitted fires are not allowed. For public health,
safety and environmental reasons camping is not permitted on the lands.
6.7 Consumption of alcoholic beverages is not permitted
on Conservation property.
6.8 No person shall cut, break, remove, deface, defile,
or ill-use any structure, fence, sign, or have possession of any part there of. No trees, bushes, plants, or flowers shall be
defaced or cut, nor shall trails be cut or marked, nor dams built, nor any
structure such as a lean-to, bridge, tower, handrail or barrier be constructed
without authorization of the Conservation Commission. No person shall conduct
ground (i.e. soil) disturbing activities.
6.9 No person shall engage in business, sell, expose for
sale or give away any goods, wares or circulars without permission from the
Conservation Commission.
6.10 Pursuant to Town of Provincetown By-laws Chapter 2
-3, and MGL Chapter 40, § 21D, regarding the establishment of a
noncriminal disposition process, the Commission does hereby promulgate the
following regulation and penalty schedule for its land management rules and regulations
for properties which the Commission both controls and directly manages:
Violation Fine
a) Littering $300
b) Illicit dumping $300
c) Unauthorized vehicle use (cars,
trucks, ATV’s, powered vehicles
or tools, motorcycles/dirt bikes,
etc.)
First $100
Second $200
Third or more $300
d) Cutting or removal of vegetation,
soil, stone $200
e) Consumption of alcoholic
beverages $100
f) Camping $200
g) Defacing or destruction of any
structure, sign or gate $200
h) Hunting or use of firearms $300
6.11 The Conservation Commission, its agents and any Town
Police Officer or Natural Resources Officer shall have the authority to issue
citations assessing monetary fines, depending on the extent and severity of the
violation.
6.12
Failure to pay a fine assessed under this regulation within 21 days may result
in criminal prosecution.
[3]Article 7.
Beach Cleaning
The public’s need for a sanitary beach must be
balanced with the Commission’s goal of maintaining that same beach as a
functioning unit of a healthy ecosystem.
Overzealous beach cleaning, mechanical or otherwise, can affect
vegetation and the revegetation process, thereby contributing to beach
erosion. It may also impact the wrack
line, which is an important feeding habitat for many marine organisms, thereby
interrupting nutrient cycles. Beach
cleaning operations may also eliminate directly or indirectly beach nesting
birds, such as Piping Plovers (Charadrius melodus) and Least Terns (Sterna
antillarum). The removal of
driftwood, seaweed, and debris in general may eliminate the sources of shelter
and feeding for these bird species and many others. For these reasons, and pursuant to Chapter 12
of the Provincetown General Bylaw, the Provincetown Conservation Commission
promulgates the following beach regulations:
7.1 No cleaning, raking, or
otherwise altering of coastal beaches shall be conducted without a valid Order
of Conditions specifically permitting, and detailing the methods of, the beach
alterations.
7.2 Beach cleaning shall not be permitted unless
the applicant demonstrates a clear showing that it is for the benefit of the
health and safety of the general public.
7.3 All feasible efforts shall be made to
preserve the natural organic components of the beach.
7.4 Cleaning or raking of a beach shall be
accomplished without removal or destruction of vegetation or the impairment of
the growth of such vegetation.
7.5 Cleaning or raking of a
beach, with out a permit, is prohibited in the drift line zone, which lies
between the mean high tide and the spring high tide line. Drift line zones collect material during high
spring tides and/or storms. They may
contain large
quantities of marine algae, eelgrass, and marsh detritus all of which
contribute to wildlife habitat.
Moreover, bacteria and fungi quickly break down this organic
matter, releasing nutrients into the sand and eventually back to the sea.
7.6 These regulations shall not be construed to preclude hand removal of unnatural debris or recreational
and minimally invasive “beachcombing” or reasonable traditional uses, any of
which may be allowed without permitting at the Commission’s discretion. The Commission strongly encourages the hand
removal of unnatural debris.
7.7
These
regulations notwithstanding, the Conservation Commission will consider any and
all proposals for activity on a site specific basis, disposing of each
according to its merit and the degree to which wetland interests have been
protected and preserved at the locus.
[4]Article 8. Hydraulic Dredging Prohibition
Hydraulic dredging has been shown to impact the following
interests of the Wetlands Protection Act:
·
Protection of Wildlife Habitat (in this case Eelgrass
(Zostera marina))
·
Protection of Marine Fisheries (particularly juvenile Cod
and other species)
·
Protection of Land Containing Shellfish
·
Storm Damage Prevention
Shellfish are a valuable renewable resource. The maintenance of the productive shellfish
beds not only assures the continuance of the shellfish themselves, but also
plays a direct role in supporting fish stocks by providing a major food
source. The young shellfish in the
planktonic larval stage that are produced in large quantities during spring and
summer are an important source of food for the young stages of marine fishes
and many crustaceans. When a resource
area is found to be significant to the protection of land containing shellfish
under 310 CMR 10.34(3), and is also significant to marine fisheries, the
following factors are critical to the protection of those interests:
(a) shellfish,
(b) water
quality,
(c) water
circulation, and
(d) the natural
relief, evaluation or distribution of sediment grain size of such land.
Under 310 CMR 10.25, the jurisdiction of the Conservation
Commission extends into the Nearshore Areas of Land under the Ocean, extending
seaward to a point where the land is at a depth of 40 feet below the level of
the ocean at mean low water in Cape Cod Bay, and to a depth of 80 feet below
mean low water in all other areas.
Under 310 CMR 34(4), “any [activity on] land containing
shellfish shall not adversely affect such land or marine fisheries by a change
in the productivity of such land caused by:
(a) alterations
of water circulation,
(b) alterations
in relief elevation,
(c) the
compacting of sediment by vehicular traffic,
(d) alterations
in the distribution of sediment grain size,
(e) alterations
in natural drainage from adjacent land, or changes in water quality, including,
but not limited to, other than natural fluctuations in the level of salinity,
dissolved oxygen, nutrients, temperature or turbidity, or the addition of
pollutants.
Hydraulic Dredging is an activity which adversely affects
land containing shellfish in the following manner:
(a) The turbulence
generated by hydraulic dredging significantly increases turbidity levels. High turbidity levels attenuate light, which
is necessary for photosynthetic process responsible for the primary
productivity and oxygen regeneration of the water.
(b) The suspended
sediments settle on shellfish beds, smothering existing shellfish and altering
the quality of the benthic environment essential for spat (mollusk larvae)
settlement.
(c) Resuspension
of bottom sediments causes redistribution of sediments, alteration in sediment
grain size distribution and causes changes in bottom topography relief,
elevation and grade, including the creation of depressions in the bottom. Settlement of sediments into depressions can
create deep pockets of highly fluid like sediment which may not be able to
physically support shellfish or which can become anoxic and therefore not
support shellfish.
(d) Disturbance
of sediments during the period of shellfish larval settlement hinders or
prevents the effective settlement of shellfish larvae.
Hydraulic dredging has also been shown to adversely impact
the interest of storm damage prevention, by uprooting vegetation and
undermining the stability of land under the ocean. The underwater “terrace” contours of the
trenches created by hydraulic dredging contributes to erosion of the adjacent
beach, coastal dunes and banks during storm events.
8.1 No hydraulic
dredging shall occur within the waters under the jurisdiction of the
Provincetown Conservation Commission without a proper filing before the
Conservation Commission.
8.2 Taking of
shellfish or finfish by mechanical means including but not limited to trawls,
drags, rakes and hydraulic gear with the assistance of machinery is prohibited
within
[5] Article 9 - Hiring Outside Consultants
As
provided by GL Ch. 44 § 53G, the Provincetown Conservation Commission may
impose reasonable fees for the employment of outside consultants, engaged by
the Conservation Commission, for specific expert services deemed necessary by
the Commission to come to a final decision on an application submitted to the
Conservation Commission pursuant to the requirements of the Wetlands Protection
Act (GL Ch. 131 § 40), the Town of
Provincetown non-zoning Wetlands Bylaw (Provincetown General Bylaws Chapter
12), Conservation Commission Act (GL Ch. 40 § 8C), or any other
state or municipal statute, bylaw or regulation, as they may be amended or
enacted from time to time. The
Commission may require the payment of the consultant fee at any point in its
deliberations prior to a final decision.
The exercise of discretion by the Commission in making its determination
to require the payment of a consultant fee shall be based upon its reasonable
finding that additional information or technical assistance acquirable only
through outside consultants would be necessary for the making of an objective
decision. Upon such finding, the
Conservation Commission shall request the applicant to provide a statement
regarding the total project cost. Such
statement may be used by the Commission to determine the amount of consulting
fees to be deposited by the Applicant, per the schedule of fees included within
the Town’s Wetland Protection By-law.
Funds
received by the Conservation Commission pursuant to these rules shall be
deposited with the town treasurer who shall establish a special account for
this purpose. Expenditures from this special account may be made at the
direction of the Conservation Commission without further appropriation as
provided in GL Ch. 44 §53G. Expenditures from this account shall be made only
in connection with the review of a specific project or projects for which a
consultant fee has been collected from the applicant. Accrued interest may also be spent for this
purpose. At the completion of the
Commission’s review of a project, any excess amount in the account, including
interest, attributable to a specific project shall be repaid to the applicant
or the applicant’s successor in interest.
A final report of said account shall be made to the applicant or the
applicant’s successor in interest. For
the purposes of this regulation, any person or entity claiming to be an
applicant’s successor in interest shall provide the Commission with
documentation establishing such succession interest.
Specific
consultant services may include but are not limited to resource area survey and
delineation, analysis of resource area values, hydro geologic and drainage
analysis, impacts on municipal conservation lands, and environmental or land
use law. The consultant shall be chosen by, and report only to, the Commission
and/or its Administrator or Agent. Consultants
include, but are not limited to, engineers, planners, wetland scientists,
surveyors, attorneys or other professionals with experience in the matters that
are the subject of the Commission’s proceedings. All requests for meetings, site visits, reports,
and questions of the consultant shall be routed through the Conservation
Commission, Administrator or Agent unless the Commission authorizes the
Consultant to work directly with the applicant to resolve project-related
issues. The Commission shall provide a
copy of all consultant reports to the applicant in a timely manner.
The
Conservation Commission shall request a written estimate from a qualified
consultant(s) of its choosing as to the cost of providing the request
services. The Conservation Commission
shall then give written notice to the applicant of the selection of an outside
consultant, which notice shall state the identity of the consultant, the amount
of the fee to be charged to the applicant, and a request for payment of said
fee in its entirety. Such notice shall be deemed to have been given on the date
it is mailed or delivered. No such costs or expenses shall be incurred by the
applicant if the application or request is withdrawn within five days of the
date notice is given.
The
fee must be received in its entirety prior to the initiation of consulting
services. The Commission may request additional consultant fees if necessary
review requires a larger expenditure than originally anticipated or new
information requires additional consultant services. In no event shall the
total consultant fee be greater than the maximum allowed under the Provincetown
Wetlands Bylaw. Failure by the applicant
to pay the consultant fee specified by the Commission within ten (10) business
days of the request for payment shall be cause for the Commission to determine
that the application is administratively incomplete (except in the case of an
appeal), and the Commission shall state such in a letter to the applicant. No
additional review or action shall be taken on the permit request until the
applicant has paid the requested fee.
Repeated failures to pay deposit funds for consultant fees shall be
grounds for dismissal of the applicant’s application, petition and/or notice of
intent.
The
applicant may appeal the selection of the outside consultant to the Board of
Selectmen, who may disqualify the outside consultant selected only on the
grounds that the consultant has a conflict of interest or does not possess the
minimum required qualifications. The minimum qualifications shall consist of
either an educational degree or three or more years of practice in the field at
issue or a related field. Such an appeal must be in writing and received by the
Board of Selectmen and a copy received by the Conservation Commission, so as to
be received within ten (10) days of the date of the Commission’s notice of
selection of the proposed consultant. The required time limits for action upon
the application shall be extended by the duration of the administrative appeal.
In the event that the Board of Selectmen
makes no decision within one month following the filing of the appeal, the
selection made by the Commission shall stand.
Appendix A[6]
|
Filing
Fee Type |
Fee |
|
Administrative Review (AR) |
$50.00 |
|
Notice of Intent (NOI) |
$100.00 |
|
Request for an Abbreviated Notice of Intent |
$100.00 |
|
Notice of Intent:
Subdivisions (road and utilities only) $2.00/ft of each roadway
sideline within any resource area (includes buffer zone) |
$1500.00+ and $2.00/ft. |
|
Request of Determination (RDA) |
$100.00 |
|
After the Fact Filing (ATF): (Local fees for after the
fact filings shall be assessed at 2 times (2x) the local share of the filing
fee as calculated under 310 CMR 10.03(7)(c) and 310 CMR 4.00 and 2 times the
local by-law fee as calculated under Provincetown General By-law Chapter 12. |
Based on filing calculations. |
|
Wetland resource area alteration [7](Includes
but not limited to: BVW, LUW, LSF) |
$0.50/sq.ft. |
|
Vernal Pool 100-foot Buffer Zone |
$0.50/sq.ft. |
|
Coastal Dune alteration |
$50.00/linear ft. |
|
Request for a Certificate of Compliance (COC) |
$50.00 |
|
Partial Certificate of Compliance |
$50.00 |
|
[8]Amended Conditions (OOC, DOA) |
$50.00 |
|
Extension Permit (OOC, DOA) |
$100.00 |
|
Beach Access Permits for Construction |
$50.00 |
|
One |
$5.00 |
|
|
$15.00 |
Notice of Intent requires 7 business day advance
notice. Request for Determination
requires 5 business day advance notice.
Abutters’ lists shall be obtained from the Town Assessors Office. Written notice shall be given at the expense of the applicant in a newspaper of general circulation in the municipality according to Provincetown Wetland By-law Chapter 12-5-2.
[1] Adopted June 6, 2006; Amended September 8, 2009.
[2] Amended September 8, 2009.
[3] Adopted October 17, 2006, Amended September 8, 2009.
[4] Adopted October 30, 2007
[5] Adopted July 22, 2004
[6] Created September 6, 2005; Amended January 22, 2008.
[7] Bordering Vegetated Wetland (BVW), Land Under Water (LUW), Land Subject to Flooding (LSF); all resource areas protected under the State Wetlands Protection Act are located in 310 CMR 10.02.
[8] Order of Conditions (OOC), Determination of Applicability (DOA); permits issued under the Wetlands Protection Act 310 CMR 10.00.