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Ordinance 20
TOWN OF HANOVER
ORDINANCE OF THE BOARD OF SELECTMEN
The Board of Selectmen of Hanover, New Hampshire, ordain as follows:
REGULATION OF PUBLIC LAND
1. Declaration of Purpose: Over the years, the Town has acquired the ownership of various tracts of land to be held for public use, such as forestry management, hiking, skiing, nature study and other similar uses. In addition, landowners have conveyed easements to the Town under the Supervision of the Hanover Conservation Commission for public use such as trails and footpaths. Such easements and Town owned tracts of land are listed in Appendix A, attached and made a part of this ordinance, which shall be revised from time to time to reflect additions. An easement or tract of land shall be added to Appendix A after its conveyance and recording in the Grafton County Registry of Deeds and acceptance by the Selectmen. Such revisions of Appendix A shall not require any hearing or amendment of the ordinance. In order to protect and preserve such trails, footpaths and tracts of land for reasonable public use, the following Public Land Ordinance is hereby adopted.
2. Title: This ordinance shall be known and may be cited as the "Regulation of Public Land Ordinance of the Town of Hanover."
3. Authority: RSA 41:11-a, RSA 36-A:4, and RSA 47:17
4. Definitions:
A. Public Land: Shall mean any easement conveyed to the Town by deed duly recorded and listed in and as updated in Appendix A; and tracts of land acquired by the Town and listed in Appendix A. The location and boundaries shall be determined by reference to the deeds or other recorded documents by which the Town acquired an interest therein. For the purposes of his ordinance, such public land shall constitute a public place as defined in RSA 644:2 entitled "Disorderly Conduct."
B. Motorized Vehicles: Shall mean any off highway recreational vehicle or snow traveling vehicle as defined in RSA 269-C:1 and any motor vehicle, moped, motorcycle or motor-driven cycle as defined in RSA 259:1.
Section 3 and 4. A were Amended on 09/13/99
C. Permission in Writing: Shall mean a special Permit Form
signed by the Chairman of the Hanover Conservation Commission
and the Hanover Town Manager and initialed by the Hanover Chief
of Police. The permit form shall contain the following information:
(II) Where the activity is to take place.
(III) The duration of the activity and the starting date.
(IV) The name and address and telephone number of the person making the request who will be considered responsible.
(V) If applicable, the name of the group for which the request is made.
(VI) Any other information that would be helpful such as number of people in the group, age level, purpose and experience.
(VII) Mutually agreed conditions to be met by the applicant.
5. Hours: Access to the Downing Road Nature Trail, including the area surrounding the rope swing on the banks of the Connecticut River, and the Balch Hill Nature Preserve, including the public access point located at 27 Hemlock Road, is only allowed from thirty (30) minutes before sunrise to thirty (30) minutes after sunset.
6. Prohibited Conduct on Public Land: No person shall, on any public land deposit any rubbish, waste, paper or other offensive or unsightly substance.
7. Special Permit Activities: The following activities are allowed only with written permission from the Chairman of the Hanover Conservation Commission and the Hanover Town Manager and notification to the Hanover Chief of Police. Such permission may be obtained by completing a Special Permit Application Form as provided by the Town.
A. Kindle a fire, including any camp or cooking fire, except in those places where a suitable fireplace has been constructed and furnished by the Town and the use of camp stoves utilizing liquid or gas fuel.
Section 5 was Adopted on 09/13/99
B. Operate any motorized vehicles. There shall be excepted from this prohibition, emergency vehicles as defined in RSA 259:1, VII-a and vehicles of the Town of Hanover and/or Hanover Water Company used for the purpose of construction, maintenance or repair of the public land or any sewer or water line contained therein.
C. Pitch a tent or place or erect any other camping device or sleep on the ground.
D. Remove soil or gravel.
E.* Tap, blaze, paint, trim, top, cut or remove trees.
F. Erect or place any sign.
G. Maintenance work, forestry, trail or roadwork, and any other work designed to improve the use of the public land.
8. Penalty: The penalty for the violation of this Ordinance shall be a fine not to exceed One-Hundred Dollars ($100).
9. Notice to Abutters: An application for a special permit for activities described in paragraph 7.D, E and G, shall require notice to the abutters, as defined in RSA 672:3, and to the Conservation Commission. The notice shall be in writing and shall contain a brief description of the proposed activity, the public land involved and where a copy of the application can be inspected.
If there is an objection to the application from any abutter and/or the Conservation Commission within ten (10) days from the date of the notice, the objection should be made to the Town Manager and the Manager shall place the application matter on the agenda of the Selectmen. Notice of the Selectmen's meeting shall be mailed at least seven (7) days prior to the meeting to the applicant, the abutters and the Conservation Commission. The Selectmen shall provide an opportunity for public comment as to the application. The Selectmen may advise the Manager as to the issuance of the permit.
No work shall be performed until the special permit has been issued and signed by the Chair of the Hanover Conservation Commission and the Hanover Town Manager with notification to the Hanover Chief of Police.
Adopted August 3, 1982
APPENDIX A
Table of Town-Owned Lands Under Supervision of
Name Lot Acres Location Entrance
Rinker Pond 8-4 17.6 East Side Of Route 10 North Of Storrs
Pond And Appx 2 ½ Miles From Hanover Post Office Route
10 Or Storrs Pond Recreation Area
McKinley Tract 14-41 125 146 Wolfeboro Rd. Logging Road Access
Of Goose Pond Road Just North Of Bridge
Angelo Tanzi Area 24-4324-49 18.6 (Both parcels) 87 ½
Lebanon Street On Northerly Bank Of Mink Brook Right-Of-Way From
Lebanon Street On Lot 24-43
EFFECTIVE DATE
Having held a public hearing, the Board of Selectmen voted to adopt this Ordinance on the ___13th _____ day of __September_, 1999, which shall be the effective date hereof.
IN WITNESS WHEREOF, a majority of the Board of Selectmen have hereunder set their hands.
TOWN OF HANOVER
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ORDINANCE #20
REGULATION OF PUBLIC LAND
Date of Notice as to Posting and Publication:__7/6/00 7/8/00___
Date of Public Hearing:____9/13/99 ___________________________
Date of Adoption: ________9/13/99 ________________________________
Date of Notice of Adoption and Effective Date: __7/8/00 9/13/99__
Date of Recording in the Town Records: ________________________________
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Date of Approval by Town Legal Counsel as to Form and Authority: __6/10/99 _
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