Help!? Does anyone out there have any local regulations (bylaw, ordinance, part of zoning) that specifically prohibit or restrict tracks on private property used for ATV's, dirt bikes, "off-road" trucks, or the like? (regardless of whether part of a business). Several towns in my area have been hit with these things recently and my town is no exception. So far all have ended in court after years of costly litigation and untold hours of dealing with angry neighbors. Given the fact that ATV noise can travel over a mile, these things impact a lot of people. In our case we have a guy who (as another planner had indicated in their case) thinks he's a saint for "providing a safe place for kids to learn how to ride ATV's". He bought an old junkyard several years ago (why the name "ATV Realty Trust" raised no eyebrows is beyond me, it was before my arrival) and cleaned it up, and this spring started moving earth around to make a track. The property is 60 acres total, about 10 used for the track, rest wooded - where he got a forestry permit and cut a lot of trees out, thereby reducing the sound buffer. In one of his less brillant moments he started advertising on the internet that he was going to have races at this track. The calls started pouring in and we were left to figure out how to stop the war. Unfortunately our zoning bylaw gave us little help, we have no noise bylaw, likewise no regulations on moving earth around on your own property. Fortunately there are wetlands on the site and we've gotten our foot in the door with the conservation commission. The use, as advertised, will be an outdoor recreational business or a private club, either of which requires a special permit from the zoning board. But he won't apply since, I assume, he figures he'll get turned down. Anyway it's a "controlled mess" at this stage.
Meanwhile, we are in the midst of rewriting the zoning bylaw, and I want to address this issue without restricting the language to this particular case or even this particular use. But I can't make it too broad either, as we have a lot of private ATV users and even more snowmobile users here. I consider both to be sort of like beavers - some folks can learn to live with them, and others can't. So, this brings me to my question - anyone have anything on the books now to regulate such uses?
Thanks, and sorry for being so wordy!