[HISTORY: Adopted by the Board of Selectmen of the Town of Conway 11-5-2013; amended in its entirety 5-9-2017. Subsequent amendments noted where applicable.]
These regulations were enacted by the Conway Board of Selectmen under the authority granted in RSA 147:1, entitled "Local Regulations."
The purpose of these regulations is to provide for the prevention or removal of any nuisance or other thing which is injurious to the public health, as authorized pursuant to RSA 147.
No person shall suffer or permit within the Town the accumulation or deposit upon his premises or upon lands occupied by him or under his control any garbage, trash, animal or vegetable matter, offal, household waste or any other matter or thing in such a manner as may be injurious to public health.
No person shall sweep, throw, cast, lay or deposit or suffer any agent or employee to sweep, throw, cast, lay or deposit any garbage, trash, animal or vegetable matter, offal, household waste or rubbish of any kind whatsoever in any land, alley, street, storm drain or other public place; nor shall any person throw or deposit any refuse in any stream or other body of water within the Town.
No person shall pick over, interfere with, disturb, remove or scatter any garbage, rubbish or other matter placed into a disposal container of any kind or otherwise accumulated for disposal by another person.
No person shall haul, convey or transport through or upon any street within the Town limits any ashes, garbage, trash, rubbish or other refuse except in properly covered containers or vehicles totally enclosed or covered with canvas or tarpaulins, so fastened down around the edges as to prevent any of the contents from falling upon the streets and to protect the same from flies and to prevent the escape of any offensive odors therefrom.
Portable restrooms in the Floodplain Conservation Overlay District (FCOD) prohibited. The use or placement of portable restrooms commonly referred to as "portable toilets" or "porta johns" shall be prohibited in the FCOD except under the provisions of the special event application process. Even if permitted by the special event application process, under no circumstances shall a portable restroom be located within 75 feet of surface water or a well.
Use of private campsites. On any lot that has the sole allowable use as a campsite as determined by the Town, the following regulations shall apply:
One camping unit shall be allowed per campsite and must be readily transportable in the case of a flood or other emergency.
No new septic systems are allowed. Any existing septic system must be approved by both the Town and the New Hampshire Department of Environment Services (NHDES). Any septic system that does not have such approvals shall be removed. This provision applies to greywater systems as well.
Owners shall maintain records that demonstrate proof of proper disposal of waste from holding tanks and provide such records to the Health Officer upon request.
No portable toilets will be allowed on a campsite. The only toilet facilities that are permitted are those integral to a camping unit or those attached to an approved NHDES septic system. If no such toilet is available, all human waste must be removed from the site. In these cases a camping toilet may be used (see definition).
No propane tank shall be stored on site unless it is integral to a camping unit or otherwise portable and shall be removed when the site is not occupied.
The residential use of campsites is strictly prohibited.
Campsites shall only be used for seasonal recreational camping. Campsites shall not be occupied (nor remain in place) for more than 180 calendar days per year.
The boundaries of all campsites must be clearly marked and have a 911 number visible.
All camping units must be readily portable and vehicles such as travel trailers, RVs, etc. must be properly registered and roadworthy.
No excavation or disturbance of soil is permitted and no fill (earth, gravel, rock, etc.) may be placed on a campsite.
No materials shall be stored on a campsite. This shall include recreational equipment, outdoor furniture, building materials, etc. Everything on site must be removed when the site is not being used for camping.
Campsites shall not be rented to others.
No new wells are allowed on private campsites. However, legally existing wells as of the effective date of this chapter may continue to be used. All other wells must be removed.
No permanent water connections are allowed. No permanent water connections to a camping unit may be established unless approved in writing by the State Water Well Board and NHDES.
Electrical connections shall meet the requirements of NEC 2011 (or currently adopted version). A maximum of one detachable RV plug per site with a maximum of 50 ampere max with GFCI protection shall be allowed. Existing electrical services may remain until such time as any electrical repairs are made. At that time, such repairs shall be required to meet the NEC 2011 electrical code (or currently adopted version).
Campfire rings are permitted with approval from the local fire department.
Campsites must conform to any and all applicable local, state, or federal regulations.
The Town of Conway Health Officer is hereby authorized to enforce the provisions of these regulations. Pursuant to RSA 147:3, the Health Officer is authorized to examine any building, vessel, premises or property for the purpose of conducting an investigation of sanitary conditions.
Any person who violates any of the provisions of these regulations shall be guilty of a violation. Such person shall be deemed to be guilty of a separate violation for each and every day during any portion of which any violation of these regulations takes place and shall be punishable therefor as provided herein. A penalty in the amount of $50 may be imposed for the first violation, $100 for the second violation, and $200 for each successive violation.
Upon a determination by the Health Officer that a nuisance or other thing is injurious to the public health, the Health Officer may notify, in writing, the owner or occupant of the building, vessel, premises or property to remove or correct the identified nuisance or other thing within a specified time period. The written notice may be given to the owner or occupant or left at the owner's or occupant's abode.
Pursuant to RSA 147:4, in the event the owner or occupant fails to remove or correct the identified nuisance or other thing within the specified time period, the Health Officer is authorized to effectuate the required removal or destruction as may be permitted by NH law.
Pursuant to RSA 147:6, in the event the owner is unknown to the Health Officer or does not reside in Town, and the premises are unoccupied or the Health Officer determines that the occupant is unable to remove the identified nuisance or other thing, the Health Officer may, without notice, immediately effectuate the removal or destruction of the identified nuisance or other thing, as may be permitted by NH law.
The owner or occupant shall be liable for the costs incurred by the Town in removing or destroying the identified nuisance or other thing. Pursuant to RSA 147:7 and 147:7-b, the Town may collect the costs incurred either through filing a civil action pursuant to RSA 147:7 or by attaching a lien on the property pursuant to RSA 147:7-a, which may result in loss of the property if the lien is not satisfied.
As used in this chapter, the following terms shall have the meanings indicated:
- CAMPING TOILET
- A camping toilet consists of a toilet seat, a toilet lid or cover, and a leak-proof receptacle.
- CAMPING UNIT
- Tents, tent trailers, travel trailers, camping trailers, pick-up campers, motor homes or any other device or vehicular-type structure as may be developed, marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.
- Wastewater obtained from domestic sinks and tubs, but excluding that part of the plumbing waste stream that includes human wastes.
- PORTABLE TOILET
- An independent, portable, self-contained outhouse usually made of molded plastic and often used as a temporary toilet for construction sites and large gatherings and events.
- SITE or CAMPSITE
- An existing lot of record identified on the Town of Conway Tax Maps that is intended to be occupied by a camping unit (as defined above) for transient dwelling purposes.
The effective date of these regulations is November 5, 2013.