2017.03.27 Council Agenda Item 07

The proposed amendments include the following: The Subdivision Ordinance would be amended to prohibit the use of invasive terrestrial plants for landscaping and delay a final release of the performance guarantee until a confirmation by a qualified professional that no invasive terrestrials are present in newly constructed street rights of way.  The Street Acceptance Ordinance would be amended to require either confirmation of the absence of invasives or evidence of a successful eradication removal plan for a two year growing period prior to application for street acceptance.  The Zoning and Site Plan Review Ordinance would be amended to update the definition of invasive terrestrial plants to mirror the list recently approved by the state.

The Planning Board, in its capacity as the Town Municipal Review Authority, conducted a public hearing at its meeting on March 7. A memo detailing the hearing and the Board's recommendation is attached.

History:  

The Conservation Commission was charged by the Council in its 2016 work plan, to develop an update to the invasives species ordinance language.  Currently the zoning ordinance defines invasive plants and prohibits them specifically in the VC Districts and as well as any project required to gain site plan review approval.  These were added during the VC amendments in 2013.  The Comprehensive Plan task #11 included work assigned to the Conservation Commission in 2015 to develop a plan to educate and regulate invasives.  In addition to implementing the Council’s directive to educate Falmouth's citizens on the dangers of invasive plants and the need for their removal, the Conservation Commission in conjunction with the Public Works Department has run a very successful program for two years to eradicate invasives in public rights of way as well as adjacent properties.  This work is requested to continue in the coming budget year.  The addition of regulation to prevent the use of invasives in subdivision work and to minimize the risk to the Town in accepting streets with invasives present will further the overreaching goal of reducing the spread of invasives within the Town.  Additionally, the state has recently passed rules that prohibit the sale, import and distribution of invasives in the state, joining New Hampshire, Massachusetts, Connecticut and Vermont in New England.