City of Westbrook, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Westbrook 10-6-1970 (Ch. 21 of the 2007 Code). Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
MOBILE HOME
A vehicular, portable structure built on chassis of which wheels are an intrinsic part and are designed to remain so, and said structure being designed to be used without a permanent foundation as a dwelling for one or more persons, and provided with a toilet and a bathtub or shower. A mobile home shall contain not less than 450 square feet of floor area.
MOBILE HOME LOT
That parcel of a mobile home park that provides facilities for long-term occupancy of a mobile home and designed for the exclusive use of its occupants.
MOBILE HOME PARK
A contiguous parcel of land that has a minimum area of 25 acres and is plotted for the development of a minimum of 25 mobile home lots which are to be rented or leased, not sold.
MOBILE HOME STAND
That part of an individual mobile home lot which has been reserved for the mobile home.
PERMIT; LICENSE
These words are used interchangeably.
A. 
No mobile home shall be permitted to locate in a duly licensed mobile home park which does not meet the minimum standards set forth in Publication A 119.1 of the United States of America Standards Institute dated 1969, as amended, and subsequent revisions.
B. 
Mobile home parks will be authorized for development only in zones where permitted by Chapter 335, Land Use, of the City Code.
C. 
This article shall not apply to unoccupied mobile homes held by dealers as stock-in-trade for sale or resale, or to mobile homes that are temporarily stored in buildings or garages or not visible from any public street or way, so long as they remain unoccupied.
D. 
This article shall not fully apply to any mobile home park established prior to its effective date; provided, however, that the permit fees and all the health and sanitation requirements herein set forth [§ 216-7E(1) and (2) and F] shall be applicable to such existing mobile home parks, and they shall not be altered or extended except in conformance with all the provisions of this article.
E. 
Mobile home parks shall be located on a well-drained site properly graded to ensure rapid drainage and freedom from stagnant pools of water. The site shall not be exposed to objectionable smoke, noise, odors or any other adverse influences, and no portion subject to unpredictable sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. Site planning should utilize terrain, existing trees and shrubs and rock formations. A stylized pattern should be avoided; innovative park design is encouraged and provided for in § 216-9 of this article.
F. 
A minimum of 25 mobile home lots shall be completed and provided with all utilities, streets, and sidewalks as required by this article before occupancy of the mobile home park shall be permitted.
G. 
A mobile home park shall not exceed a net residential density of six mobile homes per acre.
H. 
The mobile home stand shall provide for practical placement on and removal from the lot of the mobile home and retention of the home on the lot in a stable condition and in satisfactory relationship to its surroundings.
[Added 12-27-1971]
All mobile home units or structures shall meet the minimum standards set forth in Publication A 119.1 of the United States American Standards Institute, dated 1971, and subsequent revisions, and unless located in a mobile home park must comply with the following installation requirements before they can be used or occupied as a building:
A. 
The wheels and undercarriage must be removed, and the mobile home must be placed on a foundation as specified in Subsection A(1) or (2) below:
(1) 
Wall-type foundation consisting of a ten-inch-thick poured concrete wall supported by a twenty-inch-wide by ten-inch-deep footing, the top of which is at least 4 1/2 feet below grade.
(2) 
Slab-type foundation consisting of six-inch reinforced concrete slab on top of three-foot compacted and drained gravel subbase. An approved vapor barrier is to be used between the concrete and the subbase. A masonry wall, mortared or solid, must be constructed between the slab and the mobile home.
B. 
Either type of foundation enumerated in Subsection A(1) and (2) above must be vented. The wall-type foundation must have perimeter footing drains, and the gravel base of the slab-type foundation must have underdrains. All such drains must be connected to the municipal storm sewer system or other appropriate drainageway approved by the Building Inspector.
C. 
An accessory building must be provided for storage and the fuel tank must be screened from view.
D. 
The exterior wall of all additions to the mobile home must be constructed of the same material and have the same appearance as the mobile home.
No person, firm or corporation shall establish, conduct, maintain or operate a mobile home park unless such person shall first obtain a permit issued annually by the Building Inspector. Existing mobile home parks must apply for and be granted a permit prior to July 1, 1971.
A. 
The Building Inspector, upon written application of any person, may issue or renew mobile home park permits to any such person upon compliance with the provisions of this article. The fee is set forth in Chapter A400, Master Fee Schedule.
B. 
The applicant shall file with the application proof of ownership of the premises or of a lease or written permission from the owner.
C. 
Initial application for new or existing mobile home parks shall be accompanied by a preliminary plan in accordance with § 216-5A of this article.
D. 
The application for a permit to operate a new mobile home park or to expand an existing mobile home park shall be subject to the prior approval of the design by the Planning Board. Existing mobile home parks may be issued a permit by the Building Inspector, provided such parks conform with all the health and sanitation requirements, referred to in § 216-2E of this article, even though such existing parks do not meet the design standards hereinafter set forth in this article; however, no existing mobile home park may be expanded until detailed plans are submitted to and approved by the Planning Board for the upgrading of the entire mobile home park in accordance with the provisions of this article.
E. 
The making of extensions or alterations without prior approval of the Building Inspector shall be cause of immediate revocation of the mobile home park permit.
A. 
Preliminary plan.
(1) 
General. A preliminary plan of a mobile home park shall be submitted to the Planning Board by the mobile home park developer. The Planning Board shall request a report from the City Engineer in regard to grades, feasibility of drainage and sewering, and character of road surfacing. The submission of such a preliminary plan will enable the developer, the Planning Board, other municipal agencies, and owners of property abutting the proposed or existing mobile home park to discuss and clarify the details of the development before a definitive plan is prepared. In submitting a preliminary plan, the developer shall give written notice by delivery or registered mail, to the City Clerk, stating the date of submission of such preliminary plans.
(2) 
Contents.
(a) 
The preliminary plan shall be drawn on tracing paper at a suitable scale; three prints shall be filed with the Planning Board. Said preliminary plan shall show sufficient information about the development to form a clear basis for discussion of its various aspects and for the preparation of the definitive plan. Such plan shall be clearly labeled as preliminary plan. The preliminary plan shall show the following information:
[1] 
Development name, boundaries, North point, date and scale.
[2] 
Names of the record owner, developer, and designer, engineer or surveyor.
[3] 
Names of all abutters as they appear in the most recent tax list.
[4] 
Existing and proposed lines of streets, ways, easements and any public areas within the development (in general manner).
[5] 
Approximate boundary lines of proposed lots, with approximate areas and dimensions of each.
[6] 
Names, approximate locations, and widths of adjacent streets.
[7] 
Topography of the land (in a general manner).
[8] 
Layout of storm drainage, water supply and sanitary sewer systems.
(b) 
It is recommended that, before submitting plans for preliminary approval, the developer consult with the City Engineer, the Portland Water District and the Sewer Division of the City Department of Public Services regarding their requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Tentative approval. When a preliminary plan is submitted, the Planning Board shall give such preliminary plan its tentative approval, with or without modification, or its disapproval within 30 days from the date of submission. Such tentative approval does not constitute the approval of any definitive plan that may be developed and submitted subsequently.
B. 
Definitive plan.
(1) 
General.
(a) 
Upon submission of a definitive plan of a mobile home development to the Planning Board for approval, the developer shall file with the Planning Board the following:
[1] 
A transparent master copy of all sheets comprising the definitive plan, a reproducible copy and three clearly legible contact prints thereof. The original drawing or master copy, whichever is submitted, will be returned after approval or disapproval. The reproducible copy and contact prints become the property of the City.
[2] 
A properly executed application, including a statement of the time within which the required construction of ways and the installation of municipal services will be completed. The time shall not be greater than two years from the date of approval of the definitive plan unless subsequently extended by the Planning Board, in writing.
[3] 
An agreement to pay costs for advertising for public hearing and for postage of mailed notices of public hearing. Check shall be payable to the Treasurer of the City.
[4] 
A certified check in the amount set forth in Chapter A400, Master Fee Schedule, which amount shall be refunded after submission of a certificate from a surveyor acceptable to the Planning Board, certifying that boundary monuments have been accurately installed.
[5] 
A certified check in the amount set forth in Chapter A400, Master Fee Schedule, as security for the later submission to the Planning Board of an accurate record plan and profile (original ink drawings on linen or transparent copies on linen of drainage lines and structures, water mains and appurtenances) as actually installed with sufficient ties for proper identification. Upon acceptance by the Planning Board of the required plans, the amount deposited shall be refunded.
(b) 
The applicant shall file by delivery or registered mail a notice with the City Clerk stating the date of submission for such approval, accompanied by a copy of the completed application. The installation of utilities and the construction of the way or ways specified on the definitive plan must conform to the requirements of the City Engineer, the Portland Water District and the Sewer Division of the City Department of Public Services. Therefore, it is respectfully recommended that the developer consult with the aforementioned or any other prior to drafting the final plans for submission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Contents. The definitive plan shall be prepared by an engineer or land surveyor. If the definitive plan requires design of public works facilities, such as streets, storm drainage system, sanitary systems, and so forth, the design and supervision of construction shall be performed by a professional engineer of the state. The definitive plan shall be submitted as an original, clearly and legibly drawn on black India ink upon tracing cloth or as a reproducible copy on tracing cloth. The plan shall be at a scale of one inch equals 40 feet or such other scale as the Planning Board may accept in order to show details clearly and adequately. Sheet sizes shall preferably not exceed 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire mobile home development. The definitive plan shall contain the following information:
(a) 
Development name, boundaries, North point, date, scale, zone of development and abutting land and locus map showing Assessor's map and lot number.
(b) 
Name and address of record owner, developer, and engineer or surveyor.
(c) 
Names of all abutters as they appear in the most recent tax list.
(d) 
Lines of existing and proposed streets, ways, lots, easements (including purposes for which such are established) and public or common areas within the development. The proposed names of streets shall be shown in pencil until approved by the Planning Board.
(e) 
Sufficient data to determine the location, direction, and length of every street and way line, lot line, and boundary line, and to establish these lines on the ground. Boundary surveys shall be tied to the Maine Coordinate System.
(f) 
Location of all permanent monuments properly identified as to whether existing or proposed.
(g) 
Location, names, and present widths of streets bounding, approaching or within reasonable proximity of the development.
(h) 
Suitable space to record the action of the Planning Board and the signatures of the members of the Planning Board (or such persons as are officially authorized).
(i) 
Existing and proposed topography at a suitable contour interval and areas with poor drainage, as required by the Planning Board.
(j) 
Either on the same sheet as the plan of the new way or ways or on a separate sheet or sheets, the existing profile on the center line and on both exterior lines and the proposed profile on the center line of the new way at a horizontal scale of one inch equals 40 feet, and a vertical scale of one inch equals four feet, or such other scale acceptable to the Planning Board. All elevations shall refer to mean sea level.
(k) 
Proposed layout of storm drainage, water supply, fire hydrants and sanitary sewer systems (in accordance with specifications of the Sewer Division of the City Department of Public Services and the Portland Water District).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(l) 
Either on the same plan or a separate plan, show the outlines of mobile home stands and existing or proposed buildings as well as all existing and new trees, planting, lawn areas, and any other information necessary to indicate the extent of planting.
(m) 
Bench marks and ties to the Maine Coordinate System shall be furnished by the office of the City Engineer to the developer's engineer to within 1,000 feet of the proposed development.
(3) 
Performance guarantee. Before approval of a definitive plan of development the developer shall agree to complete the required improvements specified in § 216-7. The Planning Board shall require that completion of such construction be secured by the following procedure:
(a) 
The developer shall either file a performance bond with corporate surety duly authorized to write surety bonds and regularly engaged in such business or deposit money or negotiable securities in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements specified in § 216-7. The amount of the bond or deposit shall be based upon cost estimates or required work approved by the City Engineer.
(b) 
The bond or security shall not be released by the Planning Board until it has established that the work required has been completed in accordance with the approved plans and has been inspected and found satisfactory according to the standards hereinafter established. The amount of the security or the penal sum of any such bond may, from time to time, be reduced by the Planning Board, and the obligations of the parties thereto released in whole or in part by said Board, provided that any reduction or release shall be commensurate with the portion of the work completed.
(c) 
Bond is required before any work can be started and before any lot can be leased or rented.
(4) 
Review by City Engineer.
(a) 
Before a mobile home development may be approved by the Planning Board, the City Engineer shall submit a report to the Planning Board with respect to the grades, feasibility of drainage and sewering, and character of road surfacing.
(b) 
If the City Engineer questions whether any part of the land in the development can be used as a building site without endangering the health and welfare of the occupants because of conditions of flooding or inadequate sewage disposal or water supply, he shall so notify the Planning Board, in writing. Any approval of the plan by the Planning Board shall then only be given on condition that the land as to which such questions exist shall not be built upon or occupied without prior consent of the City Engineer; said condition shall be recorded on the plan specifying the lots or land to which it applies.
(c) 
Any lot so located that it cannot be served by a connection to a public sewer system shall be provided with an approved private sewage disposal system as defined in the Maine State Plumbing Code, as amended, and in conformance with Chapter 335, Land Use, of the City Code. It shall be of specification satisfactory to the Planning Board and to the City Engineer. The Board may request a report from the Health Officer and Plumbing Inspector before granting approval to the plan including said lots.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(d) 
Any lot so located that it cannot be served by a connection to a public water system shall be provided with a source of water satisfactory to the Planning Board. Before granting approval to a plan including such lots, the Planning Board shall establish whatever requirements are necessary in order to ensure a suitable water supply. The Planning Board may request a report from the Health Officer of the City in regard to the suitability of such water supply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
Public hearing. Before approval of the definitive plan is given, a public hearing shall be held by the Planning Board, notice of which shall be given at the expense of the applicant at least 10 days prior thereto by advertisement in an official publication, or in a newspaper of general circulation in the City. Copies of said notices shall be mailed by the Planning Board by certified mail at the expense of the applicant to the applicant and to owners of land within 500 feet of any portion of the land included in such plan, as appearing in the most recent tax list,
(6) 
Lot size and setback requirements.
(a) 
Each individual mobile home lot shall be not less than 7,000 square feet in area, and shall be not less than 70 feet wide and 100 feet deep. Each corner shall be clearly marked with an iron or other permanent marker.
(b) 
No mobile home shall be located less than 20 feet from the side and rear lines of an individual mobile home lot, and there shall be a minimum side and end clearance of 40 feet between adjacent mobile homes.
(c) 
No mobile home shall be located closer than 20 feet to a street or service building within the park.
(d) 
All mobile homes shall be located at least 100 feet from all mobile home park boundary lines.
(7) 
Certificate of approval.
(a) 
The action of the Planning Board in respect to the definitive plan shall be by vote, copies of which shall be certified and filed with the City Clerk and sent by delivery or registered mail to the applicant. If the Planning Board modifies or disapproves such plan, it shall state in its vote the reasons for its actions. Approval, if granted, shall be endorsed on the definitive plan finally accepted by the signatures of a majority of the Planning Board or by the signatures of the persons officially authorized by the Planning Board.
(b) 
The failure of the Planning Board to issue a written notice of its decision directed to the applicant within 60 days after the definitive plan has been submitted constitutes its disapproval. An appeal may be taken from the decision of the Planning Board to the Superior Court as provided in Title 30-A of the Maine Revised Statutes. The approval of a development shall be based on its compliance with municipal ordinances, including the provisions herein, and its general reasonableness. Final approval of the definitive plan does not constitute the laying out or acceptance by the City of streets within the mobile home park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(8) 
Record plan of utilities. An accurate record plan and profile shall be submitted to the Planning Board after completion of the construction, showing drainage lines and structures, water mains and appurtenances, as actually installed with sufficient ties for proper identification, within one year after completion.
A. 
Streets.
(1) 
Location and alignment.
(a) 
All streets in the mobile home development shall be designed so that they will provide safe vehicular travel and convenient access from abutting public streets or roads to each mobile home lot. Due consideration shall also be given by the developer to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the development.
(b) 
The proposed mobile home park streets shall conform in so far as is practicable to the master or study plan as adopted in whole or in part by the Planning Board.
(c) 
Provisions satisfactory to the Planning Board shall be made for the proper projection of mobile home park streets, or for access to adjoining property which is not yet subdivided or developed.
(d) 
Reserve strips prohibiting access to new ways established under this article from adjoining property in the same or different ownership shall not be permitted, except where such strips shall be determined to be in the public interest.
(e) 
Street jogs at intersections with center line offsets of less than 125 feet shall be avoided.
(f) 
The minimum center line radius of curved streets shall be 125 feet. Greater radii may be required for principal streets.
(g) 
Streets shall be laid out so as to intersect as nearly as possible at right angles. No street shall intersect any other street at less than 60°.
(h) 
Mobile home park lot lines at street intersections shall be rounded or cut back to provide for a lot line radius of not less than 20 feet. Greater radii may be required by the Planning Board where deemed necessary for present and future vehicular travel.
(2) 
Width. The minimum width of rights-of-way of streets shall be 50 feet.
(3) 
Street cross section. All streets shall have the following:
(a) 
Two ten-foot lanes for travel.
(b) 
Two eight-foot lanes for parking; one such lane may be omitted on one side of the new way in instances in which the Planning Board determines that the probable volume of traffic is sufficiently low as to make it reasonable to restrict parking to one side of the street only.
(4) 
Grade. Grades of streets shall not be less than 0.5% nor more than 6% except where the Planning Board determines a greater grade is required due to unusual topographic conditions, in which case grades up to 12% may be permitted.
(5) 
Dead-end streets. The use of dead-end streets in any development shall be kept to an absolute minimum, and they shall conform to the following provisions:
(a) 
The maximum length shall be 1,000 feet.
(b) 
Dead-end streets shall be provided at the closed end with a turnaround having an outside diameter of not less than 100 feet. The width of the paved roadway may be reduced within the turnaround to 22 feet. Other provisions for turning around may be used with the approval of the Planning Board.
(6) 
Street names. Street names shall be subject to the approval of the Planning Board.
B. 
Easements.
(1) 
Easements for utilities across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least 20 feet wide.
(2) 
Where a development is traversed by a watercourse, drainageway, channel or stream, the Planning Board may require that there be provided a stormwater easement or drainage right-of-way of adequate width to conform substantially to the lines of such a watercourse, drainageway, channel or stream.
C. 
Open space. Before approval of a plan, the Planning Board shall require a developer to establish a park or recreation area suitably located so as to serve the development. The area of such park and recreation facilities shall be reasonably related to the land being developed, the proposed use of such land, and the intensity of such use. Not less than 8% of the gross mobile home park area shall be devoted to park and recreational use. Recreational facilities shall include playgrounds and may include swimming pools and community buildings. Drinking fountains shall be provided in or near park or play areas.
D. 
Protection of natural resources. Due regard shall be shown for the preservation of all natural features, such as large trees, watercourses, bodies of water, scenic points, historic spots, unusual topographical features, and similar community assets, which, if preserved, will add attractiveness and value to the mobile home park development.
E. 
Off-street parking. Off-street parking in all mobile home parks shall be furnished at the rate of at least 1.5 car spaces for each mobile home. Parking spaces shall be paved and shall be located at a distance not to exceed 200 feet from the mobile home that they are intended to serve. Each space shall be at least nine feet by 20 feet long.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Maine Department of Transportation specifications, current revision, as modified by the office of the City Engineer or herein, shall be used as minimum specifications. Alternates using equivalent or better specifications may be submitted to approval to the Planning Board.
A. 
Streets and roadways.
(1) 
The area of each right-of-way shall be first cleared of all stumps, roots, brush and perishable materials, except trees, shrubs and so forth intended for preservation.
(2) 
All loam, loamy material, and clay shall be removed from the full length and width of the street, inclusive of sidewalks, to such depths as may reasonably be required by the City Engineer.
(3) 
All streets shall be brought to a finished grade as shown on the profiles of the definitive plan with gravel as specified below to a width of 36 feet, or to such width as is approved by the Planning Board. Crown shall be a minimum of 1/4 inch per foot.
(4) 
The entire area of the roadway shall be graded to a subgrade of not less than 12 inches below the finished grade as shown on the plan, profile, and cross section hereinbefore mentioned. Any fill in subgrade shall be of a subsoil of good bearing characteristics, free from loam, vegetation, decayed matter, peat or other comprehensive material. Large rocks and boulders shall not be used where the diameter of the boulder is greater than 1/2 of the depth of the fill nor shall boulders be used near the surface of the subgrade. Fill in subgrade be placed in layer of 12 inches thickness wherever practicable; each layer shall be well-compacted.
(5) 
The base course shall be a minimum of 12 inches compacted in thickness of gravel borrow consisting of hard, durable stone and course and practically free from loam and clay uniformly graded and containing no stone having any dimension greater than 2 1/2 inches. Grading of gravel shall conform to the requirements of the City Engineer.
(6) 
The pavement surface shall consist of a minimum of two inches of hot bituminous pavement, grading "C" per State of Maine Specifications. No bituminous paving shall be done during rainy weather or when weather conditions as to temperature or otherwise are, in the opinion of the City Engineer, unfavorable for obtaining satisfactory results. The wearing surface shall be allowed to seal for 24 hours without traffic.
(7) 
Adequate disposal of surface water shall be provided. Catch basins shall be built in conformity with specifications of the City Engineer. Drain lines shall be installed to conduct surface water to stream courses or other drainage outlets permanently secured by proper legal documents.
B. 
Sidewalks.
(1) 
Sidewalks may be required on both sides of each new way except where, in the judgment of the Planning Board, the projected use does not require sidewalks on more than one side. Sidewalks within the mobile home park shall be of not less than three feet in width. In general, the finished grade shall be at least six inches above the adjacent roadway. The entire area of the sidewalk shall be graded to a subgrade of not less than 10 inches below the finished grade and shall be graded with at least eight inches of gravel, thoroughly compacted. Wearing surface shall be of suitable material approved by the City Engineer and the Public Services Department.
(2) 
Paved walkways not less than two feet in width shall connect each mobile home stand to a paved sidewalk, to a paved parking area, to a paved street, or to a paved driveway connecting to a paved street. Walkways may be of paving stone, brick pavers, or concrete block to facilitate relocation.
C. 
Curbing.
(1) 
Curbing shall be required on both sides of all streets. Bituminous concrete, granite or 2,500 psi concrete curb shall be provided. Granite or concrete may be required where, in the judgment of the Planning Board and City Engineer, such curbs are necessary to prevent damage to curbing or to control erosion. Curbing shall conform to the specifications of the Public Services Department. Paving and base construction shall be extended the full width under bituminous concrete curbing.
(2) 
Concrete curbing may be either precast or poured in place, with expansion joints at least every 20 feet. Granite and concrete curb shall have cross sections conforming to the specifications of the Public Services Department and shall be set on at least eight inches of compacted bank gravel. Air entrainment shall be used for concrete. Sloped granite curbing may be used with cross section of approximately four inches by 12 inches.
D. 
Planting spaces. Planting spaces or esplanades of at least three feet in width may be provided on both sides of the roadway except where, in the judgment of the Planning Board, projected use does not require such planting spaces. They shall be graded with at least eight inches of compacted loam. Seeding with lawn grass shall be done after building construction has been completed on the particular lots adjacent.
E. 
Utilities.
(1) 
Water supply.
(a) 
Where public water service is available, water pipes and related equipment, such as hydrants and main shutoff valves, shall be constructed to serve all lots on each street in the mobile home park in conformity to specifications of the Portland Water District and the City. A water main of at least eight inches in diameter shall be installed in the street.
(b) 
A water main of less than eight inches in diameter may be approved as provided in Chapter 281, Article II, Street Construction and Improvements, of this Code. Water service lines shall be extended from the main to each property line before the street is surfaced. Shutoff valves to each lot shall be located in the planting spaces within the right-of-way. All utility trenches shall be filled with bank gravel, carefully compacted. Such pipes and related equipment shall either be installed by the Portland Water District or be of specifications approved by said District.
(c) 
When a public water supply is not available, a private supply may be developed and used subject to approval by the City Health Officer and the State Department of Health and Human Services.
(d) 
The water supply shall be capable of delivering a minimum of 150 gallons per day per mobile home.
(e) 
Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source.
(f) 
The water supply system shall be connected to all mobile homes, buildings, and other facilities requiring water in such a manner as to prevent freezing of the pipes. The mobile home connection shall consist of a riser terminating at least four inches above the ground surface, with two three-fourths-inch valve outlets. The outlets shall be threaded so that a connection can be made from one outlet to the mobile home water piping system and the other connection can serve a garden hose.
(g) 
All water piping, fixtures and other equipment shall be constructed and maintained in accordance with all applicable state and local regulations and shall be of a type and in locations approved by the Building Inspector.
(2) 
Sewage.
(a) 
Where public mains are available, sanitary sewer lines and related equipment, such as manholes and connecting wyes shall be constructed to serve all lots on each street in the development in conformity with specifications of the Sewer Division of the City Department of Public Services. Sewer lines shall be extended from the main to each lot line before the street is surfaced. Such sewer lines and related equipment shall either be installed by the Sewer Division of the City or to specifications approved by said Division.
(b) 
A mobile home park, any part of which is further than 500 feet from an existing public sewer with available capacity and which does not connect with the public sewer, must be provided with an approved private sewage disposal system as defined in the Maine State Plumbing Code, as amended, and in conformance with Chapter 335, Land Use, of the City Code. It shall be of specifications satisfactory to the Planning Board and to the City Engineer.
(c) 
Each mobile home lot shall be equipped with at least a three-inch sewer connection located so as to provide a suitable connection from the home with a continuous grade which is not subject to surface drainage. Provisions shall be made to plug the connection when a mobile home does not occupy the space.
(3) 
Electrical and communication distribution system.
(a) 
Every mobile home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with all applicable state and local codes and regulations governing such systems. All facilities shall be approved by the Electrical Inspector.
(b) 
Wherever soil conditions permit, all electrical and communication distribution facilities may be located underground.
(c) 
Adequate lights shall be provided to illuminate streets, driveways, and walkways for the safe movement of vehicles and pedestrians at night.
F. 
Refuse and garbage disposal.
(1) 
The storage, collection, and disposal of refuse and garbage in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.
(2) 
All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse and garbage in separate containers.
(3) 
Refuse and garbage collection stands shall be provided for all containers. Such stands shall be so designed as to prevent containers from being tipped.
(4) 
Where municipal collection service is not available, the mobile home park licensee shall be responsible for the collection of all refuse and garbage at least once a week, which shall be transported in covered vehicles or covered containers to municipal refuse or garbage disposal areas.
G. 
Fuel supply and storage.
(1) 
Natural gas and liquefied petroleum gas systems shall comply with all applicable codes and regulations. Installation of systems shall be subject to inspection and approval by the Fire Chief.
(2) 
All fuel oil supply systems shall be constructed and installed in each mobile home lot in accordance with all applicable codes and regulations. Installation of the system shall be subject to inspection and approval of the Fire Chief.
H. 
Storage facilities.
(1) 
Storage facilities on or conveniently near each mobile home lot shall be provided for the storage of often-used outdoor equipment, furniture and tools and for the storage of such other material as is used only seasonably or infrequently by the typical tenant and cannot be conveniently stored in the typical mobile home.
(2) 
When storage facilities are required by a mobile home tenant, the mobile home management shall furnish storage space located not more than 100 feet from the tenant's stand. Storage space shall be a minimum of 90 cubic feet for each tenant in a suitable weather-resistant structure built in accordance with the provisions of the Westbrook's Building Code and acceptable to the Building Inspector.
I. 
Monuments. Granite or reinforced concrete monuments in accordance with the specifications of Chapter 281, Article II, Street Construction and Improvements, of this Code shall be installed at least on one side of the right-of-way, at all street intersections, at all points of change in direction or curvature of streets, and at other points where, in the judgment of the Planning Board, permanent monuments are necessary. Such monuments shall be set to conform to the specifications of the Public Services Department. No permanent monuments shall be installed until all construction which would destroy or disturb the monument is completed.
J. 
Trees. Every effort shall be made to preserve the existing trees in the right-of-way and on the mobile home lots. Filling shall be done in such manner as to preserve the trees wherever possible.
K. 
Cleaning up. Upon completion of all work on the ground, the developer shall remove from the streets and adjoining property all temporary structures and all surplus material and rubbish which may have accumulated during construction, and shall leave the area in a neat and orderly condition.
A. 
Responsibilities of park management.
(1) 
The person to whom a permit to operate a mobile home park is issued shall operate the park in compliance with this article, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition.
(2) 
The park management shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities thereunder.
(3) 
A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewerage, and electrical utilities. The park management shall be responsible for the proper placement of each mobile home on a mobile home stand and for the proper installation of all utility connections. The management shall also be responsible for the disconnection of all utilities prior to the departure of a mobile home.
(4) 
The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any civil authority inspecting the park.
(5) 
The license certificate shall be conspicuously posted in the office of or on the premises of the mobile home park at all times.
(6) 
The park management shall be responsible for notifying the Assessor of the arrival or impending departure of any occupied mobile home or change of ownership that occurs within the park.
(7) 
No park shall permit the entrance of a mobile home having an evaporating type of heating or cooking facility.
(8) 
The park management shall be responsible for maintaining the streets, sidewalks, and parking areas in good condition, and shall be responsible for prompt snow and ice removal from the streets and parking areas. Streets must be adequately plowed to permit free and ready vehicular access to all occupied lots.
(9) 
Mobile home stands shall be well-drained and shall provide an adequate foundation for the placement of a mobile home. Stand foundations shall be of such construction as to prevent heaving, shifting, erosion or settling and shall be free of all combustible material.
(10) 
The park management shall furnish and maintain storage facilities for each tenant designed in a manner to enhance the appearance of the development.
(11) 
The park management shall furnish and keep all playground equipment in a well-maintained and safe condition.
B. 
Responsibilities of park occupants.
(1) 
The park occupant shall comply with all applicable requirements of this section, and shall maintain his mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
(2) 
All individual mobile homes shall be equipped with noncombustible skirting, and shall be set on noncombustible blocking, piers, or supports.
(3) 
No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to commit any nuisance in the park.
(4) 
Park occupants shall be responsible for keeping their respective premises in neat and orderly condition; they shall not permit trash, litter, garbage, or other refuse to accumulate and become a nuisance.
Notwithstanding other provisions of this article relating to space, bulk, and use, the Planning Board, in reviewing plans for proposed mobile home parks, may modify said provisions related to space, bulk, and use to permit innovative approaches to environmental design in accordance with the following standards:
A. 
The purpose and intent of this article shall be upheld.
B. 
There shall be compliance with all state and local codes and ordinances.
C. 
There shall be no approval of any proposed new or expanded mobile home park which exceeds the net residential density set forth in this article. For the purposes of this article, net residential density shall be established by the area of residual space available for mobile home development after deduction of vehicular rights-of-way and land not developable because of drainage, subsurface conditions or other natural impediment.
D. 
Front yard set back requirements may not be modified by a reduction of more than 50%.
E. 
Minimum side yard requirements may not be modified by a reduction of more than 50%.
F. 
Frontage requirements shall not be modified by a reduction of more than 35%.
G. 
Each building and mobile home stand shall be an element of an overall plan for site development.
H. 
Where possible, mobile home stands shall be oriented with respect to scenic vistas, natural landscape features, topography, and natural drainage areas.
I. 
Development proposals shall include a landscape program to illustrate the proposed treatment of space, roads, paths, service and parking areas. Screening devices shall not impair pedestrian and vehicular safety.
J. 
All utilities shall be installed underground wherever possible. All transformer boxes, substations, pumping stations, and meters shall be located and designed as not to be unsightly or hazardous to the public.
K. 
Residual open space accumulated by modifying space and bulk requirements within the allowable density limits shall be allocated to the recreational amenity and environmental enhancement of the mobile home park and shall be designated as such on the site plan for the proposed development.
L. 
After approval of a proposed mobile home park, there shall be no further subdivision of land within the proposed development which will increase the allowable net density.
A. 
Variation. Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the intent of this article.
B. 
Changes and alterations. No changes or alterations shall be made in an approved definitive plan without submitting the changes for approval to the Planning Board. Any alteration in grades, drainage plans, or other utilities shall be deemed to constitute a change in the definitive plan.
C. 
Enforcement. It shall be the duty of the Building Inspector to enforce the provisions of this article. If the Building Inspector shall find any of the provisions of this article are being violated, he shall notify, in writing, the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall take any other action authorized or required by this article to ensure compliance with, or to prevent violation of, its provisions.
D. 
Legal action and violation.
(1) 
When any violation of any provision of this article shall be found to exist, the City Solicitor, either on his own initiative or upon notice from the Building Inspector, is hereby authorized and directed to institute any and all actions and proceedings either legal or equitable that may be appropriate or necessary for the enforcement of the provisions of this article, the same to be brought in the name of the City.
(2) 
The Building Inspector may revoke any license to maintain and operate a mobile home park when the licensee has been found violating any provisions of this article and such violation has continued for a period of 30 days after written notice thereof from a municipal inspecting officer. The license may be reissued when the circumstances leading to the revocation have been remedied and the park is being maintained and operated in full compliance with the provisions of this article.
E. 
Appeal procedure.
(1) 
An appeal may be taken from any order issued by the Building Inspector, or other municipal inspecting officer, and from the refusal to grant a permit, to the municipal officers.
(2) 
On an appeal, in writing, to the municipal officers, they shall at their next meeting affirm, modify or set aside the prior order according to the terms of this article. However, they may permit a variation from the terms of this article where necessary to avoid undue hardship, provided that there is no substantial departure from the intent of this article.
(3) 
An appeal from the decision of the municipal officers may be taken to the Cumberland County Superior Court in accordance with the provisions of 30-A M.R.S.A. § 2691.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Penalty for violation. Any person or party found guilty of violating any of the provisions of this article shall be subject to the fine set forth in Chapter A401, Master Fine Schedule, for each offense and each day in which a violation continues to exist shall constitute a separate offense.
[Added 9-24-1990]
Whereas a serious shortage of affordable mobile home park space in the City has resulted in abnormally high lot rents, and has produced serious threats to the public health, safety, and general welfare of the citizens of the community, this article hereby mandates the establishment of a Mobile Home Lot Rent Justification Board.
[Amended 4-21-1992]
As used in this article, the following terms shall have the meanings indicated:
DISCRIMINATION or DISCRIMINATORY
A homeowner is being treated differently as to the rent charged, the services rendered, or an action for possession, or other civil action being taken by the park owner without reasonable basis for the difference in treatment.
GROSS INCOME
The sum of total rent received, plus other money generated as a result of the operation of the park, including, but not limited to, fees for services plus any bonuses, benefits or payments received in connection with the use or occupancy of the mobile home unit.
LOT RENTAL AMOUNT
All financial obligations, except user fees, which are required as a condition of tenancy.
MOBILE HOME
A residential structure, transportable in one or more sections, which is eight body feet or more in width, over 35 body feet in length with a hitch, built on an integral chassis, designed to be used as a dwelling when connected to required utilities, not originally sold as a recreation vehicle, and included plumbing, heating, air-conditioning, and electrical systems contained therein.
MOBILE HOME LOT RENTAL AGREEMENT or RENTAL AGREEMENT
The written agreement between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner.
MOBILE HOME OWNER or HOMEOWNER
A person who owns a mobile home and rents or leases a lot within a mobile home park for residential use.
MOBILE HOME PARK OWNER or PARK OWNER
An owner or operator of a mobile home park.
NET OPERATING INCOME
The gross income of the mobile home park less the operating expenses of the park.
OPERATING EXPENSES
Annual expenses reasonably incurred by the mobile home park owner directly related to the operating of the park for the following items:
A. 
Real estate and personal property taxes;
B. 
"Utility costs," defined as electricity, sewer and water, heating oil and rubbish removal;
C. 
Normal repair and maintenance expenses for the grounds and common facilities, including but not limited to landscaping, cleaning, plowing, painting and equipment repair;
D. 
Operating supplies incurred for administrative and maintenance purposes;
E. 
Administrative expenses, including, but not limited to, the payroll expenses, and utilities, reasonable and necessary advertisement costs incurred to ensure occupancy, and legal and accounting expenses related to the operating of the mobile home park;
F. 
Insurance premiums prorated over the life of the policy;
G. 
Other taxes, fees and permits (excluding income taxes);
H. 
The cost of all fees which are required to be paid to the City under this article or rules and regulations promulgated pursuant to § 216-15B for review of an application which results in the approval of a rental increase or a requested change in park rules, provided that no such costs shall be included in the park's annual operating expenses if the park owner has failed or refused to meet and to engage in good-faith discussions with the tenants' association as provided in § 216-14C of this article;
I. 
Capital improvements amortized in accordance with an amortization schedule approved by or acceptable under general accounting principles and certified by the park owner's auditors as reflecting the normal useful life expectancy of that type of capital improvement. In addition, money placed in reserves for long-term capital improvements may be treated as operating expense up to 5% of the annual gross income of the park, provided that the accumulated reserves shall not exceed 30% of the annual gross income of the park and provided that capital improvements funded from the reserve account shall not also be allowable on the capital improvement amortization schedule;
J. 
Interest expenses for debt resulting from original acquisition of the park and for subsequent capital improvements to the park. Late penalties and/or other interest assessed as a result of late payment or other default by owner shall not be included as an operating expense for purposes of this article;
K. 
Depreciation expenses shall not be treated as operating expenses for the purpose of this article;
L. 
Points and fees incurred by the park owner in refinancing the debt resulting from original acquisition of the park and in financing any subsequent capital improvements, said points and fees to be capitalized and amortized over the term of the loan.
UNREASONABLE
Arbitrary, capricious, or inconsistent with this article.
USER FEES
Those amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the park owner to the mobile home owner.
A. 
The mobile home park owner shall provide each mobile home owner with a written mobile home lot rental agreement which shall state the lot rental amount, the amount of any user fees, and the term of the agreement and shall have attached a copy of this article.
B. 
No lot rental agreement shall contain any rule or regulation prohibited by this article, nor shall it provide for promulgation of any rule or regulation inconsistent with this article.
C. 
The homeowner shall have no financial obligation to the park owner as a condition of tenancy, except lot rental amount. The parties may agree otherwise to user fees which the homeowner chooses to incur. No user fees shall be charged by the park owner to the mobile home owner for any services or amenities which were previously provided by the park owner to the mobile home owner and included in the lot rental amount unless there is a corresponding decrease in the lot rental amount.
D. 
No lot rental agreement shall be offered by a park owner for a term less than one year; however, the initial term may be less than one year in order to permit the park owner to have all rental agreements within the park commence at the same time. (Thereafter, all terms shall be for a minimum of one year.) The intention of the park owner to raise the lot rent within the first year shall be fully disclosed.
E. 
The lot rental agreement shall contain the lot rental amount and a schedule of the services included. An increase in lot rental amount shall not be arbitrary or discriminatory between similarly situated tenants in the park.
A. 
A park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners' association, if one has been formed, at least 90 days prior to any increase in lot rental amount or reduction in serves or utilities provided by the park owner or change in rules and regulations. The notice shall identify all other affected homeowners by lot number. The homeowners' association shall have no standing to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and regulations unless a majority of the affected homeowners agree to such representation.
B. 
Notice as required by this section shall only be required in the case of any change in the lot rental amount, any user fee charges, a reduction in services or utilities, or a change in park rules and regulations and the effective date thereof.
C. 
A committee, not to exceed five in number, designated by a majority of the affected mobile home owners or by the board of directors of the homeowners' association, if applicable, shall meet at a mutually convenient time with the park owner within 30 days of the notice to discuss the reasons for the change in lot rental amount, user fees, reduction in services or utilities, or change in rules and regulations.
D. 
Within 30 days of the date of the scheduled meeting described in Subsection C, the homeowners may request that the dispute be submitted to the rent justification board, if a majority of the affected homeowners have designated, in writing, that:
(1) 
The rental increase is unreasonable;
(2) 
The rental increase has made the lot rental amount unreasonable;
(3) 
The decrease in services or utilities is not accompanied by a corresponding decrease in rent or is otherwise unreasonable; or
(4) 
The change in the rules and regulations is unreasonable.
[Amended 4-21-1992]
A. 
There shall be a Rent Justification Board consisting of five residents of the City. The Mayor shall appoint, with approval of the City Council, one member from each of the City's wards. All members shall hold office for a term of three years, except that initial appointments shall be staggered so that no more than two terms expire annually.
B. 
The Board shall make such studies and investigations, conduct such hearings and obtain such information as is deemed necessary in promulgating regulations, rules or orders under this article and administering and enforcing regulations and orders promulgated hereunder. Any such rules and regulations adopted by the Board shall be subject to the approval of the City Council. Mobile home park owners may be required to furnish any relevant information reasonably required by the Board and to produce records and other documents and make reports. Such persons have the right to be represented by counsel. All parties shall have the right to present relevant testimony or documentary evidence and shall be allowed to cross-examine opposing parties' witnesses.
C. 
The Board after a public hearing shall make such individual or general adjustments, either upward or downward, in the lot rental amount as may be necessary to assure that rents are established at levels which yield to mobile home park owners a fair net operating income from the mobile home park.
D. 
The following factors, among other relevant factors, which the Board by regulation may define, shall be considered in determining whether the mobile home park will yield a fair net operating income:
(1) 
Increases or decreases in property taxes;
(2) 
Unavoidable increases or any decreases in operating and maintenance expenses;
(3) 
Capital improvements of the mobile home park and costs of repair, replacement and maintenance;
(4) 
Increases or decreases in services or equipment.
Any person who is aggrieved by any action, regulation or order of the Board may file a complaint against the Board in the district court having jurisdiction over the area in which the property is located, and thereupon, an order or notice shall be issued by such court and served on the Board as provided in the case of a civil action. Such district court shall have exclusive original jurisdiction over such proceedings. All orders, judgments, and decrees of such district court may be appealed as is provided in the cases of a civil action in such district court.