Public
Notice
New and Revised Provincetown Conservation Commission Local Regulations
The Provincetown Conservation Commission held a Public Hearing on October 3, 2006 at Provincetown Town Hall and then and there adopted the following new and revised rules and regulations, effective October 19, 2006, with a vote of 4-0-0:
CONSERVATION
COMMISSION
LOCAL REGULATIONS
(add) Article 3. Administrative Review
To better serve the public’s
interests under Chapter 12 of the Provincetown General By-Law, the Conservation
Commission or their agent shall accept and review applications for an
Administrative Review. A nonrefundable
Administrative Review fee shall be collected at the time of submittal.
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.
Pursuant to Chapter 12 of the Provincetown General
By-law, the Provincetown Conservation Commission promulgates the following
vista pruning regulations:
4.1 Vista pruning applies to work beyond the work limit
line (i.e. within 50’ of the edge of the resource area). Vista pruning requires an Order of
Conditions or a Determination of Applicability, which conveys approval by the
Conservation Commission. In isolated
cases, and at the discretion of the Commission or Agent, vista pruning may be
permitted through the Administrative Review process when it is the only work
proposed.
4.2 No work is allowed in a resource area,
except as specifically permitted by the Commission in Land Subject the Coastal
Storm Flowage, Coastal Banks and Riverfront Areas.
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. Vista corridors
within which limbing will occur should be delineated.
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.
Some vines may require clipping around the base and dripping permitted
herbicide on the cut stem.
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
Vista pruning beyond that permitted by the Commission or the agent may be
subject to enforcement actions.
Article
5. Wetlands Protection Violations.
Pursuant
to Chapter 12 of the Provincetown General By-Law, violations shall be as
follows:
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 $200
b) Type 2 $200
c) Type 3 $300
d) Type 4 $300
Article
6. Conservation Land Use
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 Provincetown Conservation Commission's
goal in management of its property is to protect the values of the land. The
values are related to the protection or preservation of biological and
ecological diversity, water supply and water quality, aesthetics and
recreation, community character and others the Commission deem important. These
values are related to public health and safety and environmental protection.
The Commission is charged with balancing these values with public use and
accessibility. In doing so, the
Commission shall encourage passive recreation on its lands.
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.
Posted: www.provincetown-ma.gov 10/10/06 1:30 pm dj