[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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.[1] 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.
F.
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:
(1)
One camping unit shall be allowed per campsite and must be readily
transportable in the case of a flood or other emergency.
(2)
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.
(3)
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.
(4)
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).
(6)
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.
(7)
The residential use of campsites is strictly prohibited.
(8)
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.
(9)
The boundaries of all campsites must be clearly marked and have a
911 number visible.
(10)
All camping units must be readily portable and vehicles such as travel
trailers, RVs, etc. must be properly registered and roadworthy.
(11)
No excavation or disturbance of soil is permitted and no fill (earth,
gravel, rock, etc.) may be placed on a campsite.
(12)
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.
(13)
Campsites shall not be rented to others.
(14)
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.
(15)
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.
(16)
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).
(17)
Campfire rings are permitted with approval from the local fire department.
(18)
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.
A.
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.
B.
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.
C.
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:
A camping toilet consists of a toilet seat, a toilet lid
or cover, and a leak-proof receptacle.
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.
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.
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.
