[HISTORY: Adopted by the City Council of
the City of Lebanon 10-2-2002 by Ord. No. 2002-5, effective 10-2-2002. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Ordinance for the Regulation of Conservation Land of the City
of Lebanon."
Over the years, the City has acquired the ownership
of various tracts of land to be held for public use, such as natural
resource conservation, open space preservation, outdoor recreation,
nature study, and other similar uses, and may acquire similar tracts
in the future. In order to protect and preserve such tracts of land
while allowing for reasonable public use, this Conservation Land Ordinance
is hereby adopted.
This chapter is adopted pursuant to RSA 41:11-a,
Town Property, 47:17, Bylaws and Ordinances, and 231-A:4, Public Trail
Use Restrictions.
As used in this chapter, the following terms
shall have the meanings indicated:
Any tract of land acquired by the City for the purposes of natural resource conservation, open space preservation, outdoor recreation, nature study, and other similar uses, as set forth in § 52-13 of this chapter, and to which the public has access as set forth herein. The location and boundaries shall be determined by reference to the deeds or other recorded documents by which the City acquired an interest therein.
Any motor vehicle, moped, motorcycle, motor-driven cycle,
off-highway recreational vehicle, or snow traveling vehicle as defined
in RSA Chapter 259.
A motorized wheelchair used by an individual with a disability
or with infirmity.
A motorized chair, usually having three wheels and a steering
column, used by an individual with a disability or with infirmity.
A permit issued by the City Manager, or his/her designated
representative, in response to an application which contains the following
information:
A description of specific activity for which
permission is requested.
The location of the activity on the conservation
land.
The duration of the activity and the starting
date.
The name and address and telephone number of
the person making the request and the name and address and telephone
number of the person who will be responsible, if different from the
applicant.
If applicable, the name of the group for which
the request is made.
The number of people in the group and age level.
Any vehicle or contraption, with or without motive power,
designed for carrying property or people wholly on its own structure
that is supported on the ground by either inflated or solid wheels.
The term shall also include, but is not limited to, roller skates,
in-line skates, roller skis, skateboards, and mountain boards, so
called.
The following activities, if pursued in a manner otherwise lawful, are permitted as a matter of right on conservation land, except when such lands are posted under § 52-11:
A.
Hiking, to include cross-country skiing and snowshoeing.
B.
Horseback riding.
C.
Nature study, observation, data gathering, or other
educational activities; provided, however, that any such activity
which entails making any physical changes to the land or its flora
or fauna, including but not limited to the marking of study plots,
erection of physical structures of any kind, or the cutting, gathering,
or removal of vegetation or soil, shall require prior written permission
of the Lebanon Conservation Commission.
D.
Hunting of wild game as otherwise may be permitted
by state or City law during the designated seasons, unless prohibited
by the posting of signs.
E.
Fishing.
F.
Sledding.
G.
Nonmotorized boating.
H.
Swimming.
I.
Ice skating.
J.
Mountain biking in places authorized by the Lebanon
Conservation Commission and specifically posted for such use.
A.
The following activities are allowed only after securing
a special permit approved by the City Manager, or his/her designated
representative, who shall notify the Lebanon Chief of Police, the
Fire Chief, and Park Ranger:
(1)
The kindling of any fire, including any camp or cooking
fire, after securing a fire permit from the Fire Department.
(2)
Camping in conformance with the Camping Policy adopted
by the Lebanon Conservation Commission on October 28, 2010, as may
be amended from time to time.
[Amended 12-1-2010 by Ord. No. 2010-3]
B.
Any person aggrieved by a decision made by the City
Manager concerning a request for a special permit may, within five
working days of receipt of the decision, file a written appeal with
the Lebanon Conservation Commission setting forth the reasons why
the appellant is aggrieved. The Lebanon Conservation Commission shall
meet and review the appeal within 45 days from the date of the appeal
being filed. The decision of the Lebanon Conservation Commission shall
be final.
No person on any conservation land shall:
A.
Deposit any rubbish, waste, or other offensive or
unsightly material.
B.
Travel by any motorized vehicle or by any wheeled
vehicle, whether motorized or not, unless specifically authorized
by the Lebanon Conservation Commission and specifically posted for
such use.
C.
Deface, destroy, or remove any sign, bench, fence,
stone wall, or other structure(s), or any living plant material existing
on the Conservation Land except for forestry and recreation management
practices and educational activities specifically authorized by the
Lebanon Conservation Commission.
D.
Remove or have in his/her possession any animal's nest or remove the young or eggs of an animal, or injure or kill any animal unless operating with a valid license during hunting season as stated in § 52-5E, or remove injured or abandoned animals for the purpose of rehabilitation unless operating under valid state or federal permits.
F.
Allow any pet under one's ownership or custody to
enter onto Conservation land unless the animal is under the direct
control of the owner or custodian.
Notwithstanding § 52-7B above, people with disabilities or infirmities are permitted to travel by wheelchair, power scooter, or power chair over trails designated for their use by the Lebanon Conservation Commission and specifically posted for such use.
There shall be exempted from the prohibition
of vehicular use emergency vehicles as defined in RSA 259:28, and
vehicles of the City of Lebanon used for the purpose of maintenance
or repair of the conservation land or any sewer or water line contained
therein.
Whenever the provisions of this chapter conflict
with each other or with deed restrictions affecting any conservation
lands, or with other municipal, state, or federal ordinances, statutes,
laws, or regulations, the stricter provision shall govern.
In order to provide for the controlled and equitable
use of the conservation lands and to protect the safety of users and
to preserve the natural environment, the Lebanon Conservation Commission
may issue, and provide for the proper posting of, rules and regulations
which:
A.
Fix times and dates when the conservation lands shall
be closed to public use whenever such restrictions are necessary to
protect the public or the lands;
B.
Restrict the use of all conservation lands, individual
conservation lands, or parts thereof, for any use which may be determined
by the Lebanon Conservation Commission to be detrimental to forest
or open space management after conducting a duly noticed public hearing;
or
C.
Lay out proper open space land uses in accordance
with the open space plan and other management studies dealing with
these conservation lands.
The penalty for a violation of this chapter
shall be as set forth in RSA 41:11-b, as amended. In addition the
violator shall be responsible for the restoration of the conservation
land to the satisfaction of the Conservation Commission.
The provisions of this chapter shall apply to
all tracts acquired as conservation land, as listed below, and to
any other tract which may in the future be designated as conservation
land by the City Council at the time of, or subsequent to, its acquisition
by the City. Such designation of additional tracts shall not be required
to follow the procedures for amending an ordinance.
|
Baker's Crossing Conservation Area
|
|
Boat Launch, East Wilder Road
|
|
Boston Lot
|
|
Chambers Memorial Area
|
|
Cole Conservation Area
|
|
Farnum Hill Reserve
|
|
Goodwin Conservation Area
|
|
Jackson Conservation Area
|
|
Lebrun Meadow
|
|
Signal Hill
|
|
Starr Hill
|
|
True's Ledges
|
|
Two Rivers Conservation Area
|
|
Zeev Darer Memorial Natural Area
|
