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 grou