Tisbury Wetlands Bylaw
Conservation Officer or Commissioners
Violation in a Buffer Zone; failure to obtain Order of Conditions permitting activity or to obtain negative determination
$25 - 1st offense
$50 - 2nd offense
$75 - 3rd offense
Violation in Resource Area; failure to obtain Order of Conditions permitting activity or to obtain negative determination.
$50 - 1st offense
$100 - 2nd offense
$150 - 3rd offense
Failure to record Order of Conditions
Failure to post file #
Failure to comply with mitigating measures as
indicated in Enforcement Order
Failure to stop activity, in Resource area, as directed in Enforcement Order or as ordered by a Town Police officer, other officer having police powers, Commission members, or Commission's Conservation Officer
1st offense - $100.00
2nd offense - $200.00
3rd offense - $300.00
Failure to stop activity, in buffer zone, as directed in Enforcement Order or as ordered by a Town Police Officer, other officer having police powers, Commission's members, or Commission's Conservation Officer
1st offense - $ 50.00
2nd offense - $100.00
3rd offense - $150.00
Failure to comply with one or more special conditions contained in Order of Conditions
1st offense - $25.00
2nd offense - $50.00
3rd offense - $75.00
Bicycle Regulations Bylaw
Improperly equipping or operating a bicycle
$20. to a person 18 yrs. old or older
$10. to a person under 18 yrs. old
3 Ft x 1 Ft Base
5 Ft x 2 Ft Base
5 Ft x 2 Ft base
6 Ft x 2 ft Base
2 Ft x 1 Ft
FIRE SUPPRESSION SYSTEMS
FIRE NOTIFICATION SYSTEMS
MOVE A BUILDING
$50 PERMIT FEES
REPEAT BUILDING INSPECTIONS
FENCE OVER 6 FEET
DEMOLITION OF A BUILDING
BUSINESS & COMMERCIAL FEES
NEW CONSTRUCTION - $5.00 PER THOUSAND DOLLARS EST. COST OR PORTION THEREOF.
ADDITIONS/ALTERATIONS OR REPAIR RECONSTRUCTION - $10.00 PER THOUSAND DOLLARS EST COST OR PORTION THEREOF.
State Permit Fee
- Uses and Structures
- Water–Related Activities
- The intent of this bylaw is to provide an opportunity to bring into compliance many of the currently unpermitted accessory apartments and apartment units in the Town of Tisbury, as well as to encourage the use of existing dwellings to create additional affordable housing.
- This Bylaw recognizes that although unpermitted and unlawfully occupied, these dwelling units are filling a market demand for housing at rental costs typically below that of units which are and have been, lawfully constructed and occupied.
- It is in the public interest and in concert with its obligations under state law, for the Town of Tisbury to offer a means by which so-called unpermitted and illegal dwelling units can achieve lawful status, but only in the manner described below.
- It is the position of the Town of Tisbury that the most appropriate mechanism for allowing for the conversion of unlawful dwelling units to lawful units is found in GL c.40B, ss. 20-23, the so-called "Comprehensive Permit" program. This provision of state law encourages the development of low and moderate-income rental and owner occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable housing units.
- The Town should commit appropriate resources to support affordable housing initiatives. Under this bylaw, the town commits the following resources to support this affordable housing initiative:
- The Town of Tisbury supports, in conjunction with a variety of other strategies, the conversion of existing structures for use as affordable housing.
- Through the creation of a local Chapter 40B program, which uses state and federal subsidies, the Town can create a mechanism to utilize existing structures for the creation of affordable housing units that is consistent with the Town's identified housing needs.
- The threshold criteria for units being considered as units potentially eligible for the Amnesty Program are
- Procedure for Qualifying for Amnesty for Units that Meet Threshold Criteria:
- The unit or units must either be a single unit accessory to an owner occupied single family dwelling or one or more units in a multifamily dwelling where there exists a legal multifamily use but one or more units are currently unpermitted;
- The unit(s) must receive a site approval letter under the Town’s local chapter 40B program;
- The property owner must agree that if s/he receives a comprehensive permit, the unit or units for which amnesty is sought will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Dukes County Non-metropolitan Statistical Area (NSA) and shall further agree that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development, (HUD), for a household whose income is 80% or less of the median income of Dukes County Non-metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Dukes County Housing Authority shall be deducted from HUD's rent level.
- The property owner must agree, that if s/he receives a comprehensive permit, that s/he will execute a deed restriction for the unit or units for which amnesty is sought, prepared by the Town of Tisbury, which runs with the property so as to be binding on and enforceable against any person claiming an interest in the property and which restricts the use of one or more units as rental units to a person or family whose income is 80% or less of the median income of Dukes County Non-metropolitan Statistical Area (NSA).
- Upon receiving the site approval letter under Section 3.2(b) above, the property owner shall within three (3) months file an application for a comprehensive permit under the local Chapter 40B program with the Tisbury Zoning Board of Appeals.
- Obtaining Amnesty and Duration
- No zoning enforcement shall be undertaken against any property owner who demonstrates that s/he meets the threshold criteria under Section 3.1 and further demonstrates that s/he is proceeding in good faith to comply with the procedures under Section 3.2 to obtain a comprehensive permit.
- Any protection from zoning enforcement under this bylaw shall terminate when:
- A written determination is issued under the local Chapter 40B program that the criteria under Section 3.2 and the local Chapter 40B program cannot be satisfied; or it is determined that the property owner is not proceeding diligently with his/her Chapter 40B application; or
- the property owner's Chapter 40B application is denied. A person is deemed "not to be proceeding diligently" if s/he does not receive a comprehensive permit within twelve months from the date of issuance of the site approval letter under the local Chapter 40B program.
- This amnesty program shall be reviewed by Town Meeting no later than October 1, 2006
- One member of the Conservation Commission as designated by the Commission for a term of one year.
- One member of the Tisbury Housing Committee as designated by the Committee for a term of one year.
- One member of the Historical Commission as designated by the Commission for a term of one year.
- One member of the Planning Board as designated by the Board for a term of one year.
- One member of the Board of Public Works Commissioners as designated by the Commissioners for a term one year.
- Four at-large members to be designated by the Board of Selectmen and appointed by the Selectmen as follows:
- One member to be appointed for a term of one year and thereafter a term of three years;
- One member to be appointed for a term of two years and thereafter a term of three years; and
- Two members to be appointed for a term of three years.