Waldoboro considers clarifying meaning of ‘residence’
Campers, tents, and other non-residential structures were on the Dec. 12 Waldoboro Select Board agenda, as Code Enforcement Officer Mark Stults reported a growing number of citizen complaints of people living in structures such as campers and tents.
The Select Board discussed with him a proposed ordinance amendment to address the issue, and will again address the topic an upcoming meeting. (See below for the entire proposed amendment)
Proposed language includes: “The purpose of this ordinance is to protect the health, safety, and welfare of not only of the persons residing therein but, additionally, of the public at large by establishing limitations on the use of RVs and other non-permanent structures for permanent human habitation. Portable heating devices, non-standard electrical connections, a lack of approved sanitary facilities including, but not limited to bathrooms and toilets, sinks, showers or bathtubs and standard kitchen facilities, among other facilities associated with safe places of permanent human habitation, all lend themselves to unhealthy, unsanitary, and hazardous living conditions, if utilized for extended periods of time.
“Camper/RVs and other non-permanent structures are not intended for use as places of permanent human habitation and do not adequately provide for the needs associated with human habitation. This Ordinance shall make allowance for safe, comfortable, and sanitary use of RVs and other non-permanent structures for short term, temporary use for human habitation purposes to facilitate enjoyment of camping, hunting, and most all other outdoor pursuits.”
At a Nov. 14 Select Board meeting, Stults illustrated the concerns.
“Some issues: no septic, one camper had the valve pulled and was dumping on the ground,” Stults said. “People cutting holes in the tops of campers to put chimney pipe through,” to burn wood inside.
Stults said he, “would rather be the bad guy in town, forcing people to find safe places to reside,” than be worried people will get injured or killed. Stults referenced the recent fire-related death of a 25-year-old living in a camper in Windsor.
Stults said Waldoboro’s current ordinances provide insufficient definitions or mechanisms for dealing with these issues.
While not on the agenda, the issue was also discussed at the Nov. 28 Select Board Meeting.
During the Select Board comments at that meeting, Select Board Vice Chair John Blodgett said a prime example of the CEO’s concerns took place over the previous weekend, as two individual living in non-permanent structures were killed.
“It’s not only a danger to the person living in that structure, or tent, or camper, but also a passerby may see flames, try to help, and they may get injured, our first responders may get injured,” said Blodgett. “It’s very important, especially with the weather getting cooler, to watch these individuals.”
Select Board member Bob Butler said: “Those are tough questions, and I wish I had an answer. There’s lot of homeless people now. What are we doing to do with them? They could die from the cold or they could die from the fire, but they’re still dead.”
As drafted, the amendment defines Campers, Recreational Vehicles, Tents, and Tiny Homes, among other structures, and lays out limits and durations on use. (See below for full draft)
Campers/RVs and non-permanent structures, “shall be limited to 120 days” and “in no case shall” be used as a permanent residence.
Life and safety issues are also addressed with the requirement of smoke detectors, carbon monoxide detectors, and fire extinguishers.
Fines range from $100 for a first offense to no more than $2,500 for each offense.
Video recordings of previous meetings are available on Waldoboro’s YouTube page.
CAMPER/RV’S AND OTHER NON- PERMANENT STRUCTURES
Chapter XX
Town of Waldoboro
- Purpose
- The purpose of this ordinance is to protect the health, safety, and welfare of not only of the persons residing therein but, additionally, of the public at large by establishing limitations on the use of RVs and other non-permanent structures for permanent human habitation. Portable heating devices, non-standard electrical connections, a lack of approved sanitary facilities including, but not limited to bathrooms and toilets, sinks, showers or bathtubs and standard kitchen facilities, among other facilities associated with safe places of permanent human habitation, all lend themselves to unhealthy, unsanitary, and hazardous living conditions, if utilized for extended periods of time. Camper/RVs and other non-permanent structures are not intended for use as places of permanent human habitation and do not adequately provide for the needs associated with human habitation. This Ordinance shall make allowance for safe, comfortable, and sanitary use of RVs and other non-permanent structures for short term, temporary use for human habitation purposes to facilitate enjoyment of camping, hunting, and most all other outdoor pursuits.
- Legislative findings
- 2.1. The Town Select Board hereby finds that:
2.1.1. The Town has a substantial and compelling interest in protecting the health, safety, property, and welfare of its citizens and the neighborhoods affected by the unlawful use of RVs and other non-permanent structures for permanent human habitation.
2.1.2. The existing ordinances do not adequately convey the unlawful activity or its detrimental effects on citizens, neighborhoods, and the environment where such activity occurs.
2.1.3. Establishment of the language contained herein will allow for a clearer understanding of the laws, State statures and local ordinances that effect the proper safe and legal use of RVs and other non-permanent structures for permanent human habitation.
- Scope
This ordinance shall apply to all parcels or lots, as defined in section 4. - Definitions
- Accessory Structure: A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same lot. A structure or structures not intended for human habitation on the same parcel or lot, including but not limited to a shed, deck, garage, screen house, picnic shelter, portable storage structure, lean-to, and the like.
Addition: An extension or increase in floor area or height of a building or structure.
Campground: Any area or tract of land intended to accommodate two (2) or more parties in temporary living quarters, including, but not limited to, tents, recreational vehicles or other shelters and is considered a business, whether for profit or not.
Camper/RV’s: A vehicle, whether factory built, or home built, whether on or off wheels, whether towed or carried on a motor vehicle or self-propelled, including but not limited to recreational vehicles, hitch mount pull behind trailers, pop-up tent trailers, park model campers, campers meant to be affixed to the bed of trucks and converted vehicles such as buses, trucks, or trailers. Such vehicles may be with or without complete kitchen and toilet facilities, self-contained water and sewage systems and designed to be used as a temporary dwelling for travel, recreation, or vacation use. Camper/RV’s shall not include mobile homes, manufactured homes, and tiny homes.
Campsite, Individual Private: An area of land which is not associated with a campground, but which is developed for repeated camping by only one (1) group not to exceed ten (10) individuals and which involves site improvements which may include, but not be limited to, gravel pads, parking areas, fireplaces, or tent platforms.
Human Habitation:
• Temporary: The occupation of such structures such as uninsulated or seasonal camps, camper/RV’s, tents, yurts, or other non-permanent structures.
• Permanent: The use and occupation by a human being or beings of a given structure as a place for shelter, sleeping, cooking, eating and other occupation typical of what is commonly understood as being that of a dwelling unit.
"Manufactured home" means a structure, transportable in one or more sections, that in the traveling mode is 8 feet or more in width or 40 feet or more in length, or, where erected on site, is 320 square feet or more, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation where connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required. For the purpose of these provisions, a mobile home shall be considered to be a manufactured home.
Non-permanent Structure: A physical shelter having form and substance which is not permanently affixed to a foundation as defined by Maine Uniform Building and Energy
Manufactured home:
Codes and whose supplies of potable water, sewage disposal and electricity among other utility services, are not permanently attached or incorporated into the design of the structure in accord with applicable State and/or local codes. This includes but is not limited to tents, tent platforms, yurts, and lean-to’s.
Owner: Any person having a legal or equitable interest in a parcel or lot.
Parcel or Lot: A unit of land legally described and of record with the County Register of Deeds.
Permanent Structure: means a building or structure that is placed on the land for the foreseeable future that is anchored to a permanent foundation, that is roofed and walled, and which requires a building permit.
Person: An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two (2) or more individuals having a joint or common interest, or other legal entity.
"Recreational vehicle" means a vehicle that is either self-propelled or towed by a consumer-owned tow vehicle, is primarily designed to provide temporary living quarters for recreational, camping or travel use, complies with all applicable federal vehicle regulations and does not require special highway movement permits to legally use the highways. "Recreational vehicle" includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers.
: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Sewage: Refuse liquids or waste matter usually carried off by sewers. Includes all liquids and water waste from sinks, bathing, and toilet facilities. This includes both “gray water and “black water”.
Tent / Yurt: Any temporary place of shelter including but not limited to the traditional canvas or synthetic coverings which may provide human sleeping and living quarters for a short period of time.
"Tiny home" means a living space permanently constructed on a frame or chassis and designed for use as permanent living quarters that:
- Complies with American National Standards Institute Standard A 119.5 on plumbing, propane, fire and life safety and construction or National Fire Protection Association standard 1192 on plumbing, propane and fire and life safety for recreational vehicles;
- Does not exceed 400 square feet in size;
- Does not exceed any dimension allowed for operation on a public way under Title 29-
Recreational Vehicle (RV):
"Tiny home" does not include a trailer, semitrailer, camp trailer, recreational vehicle or manufactured housing.
Wellhead Overlay Protection District: A district, consisting of two zones, delineated according to Waldoboro Land Use Ordinance 14.10.
Performance Standards and Regulations 5.1. Limits on Duration and Use
5.1.1. Camper/RVs and non-permanent structures for temporary human habitation shall be limited to 120 days provided that the camper/RV and non-permanent structure has a State approved wastewater disposal system and access to potable water for hygiene and cooking.
5.1.2. All camper/RVs shall maintain and display a current license/registration plate if such license is normally required for routine transportation purposes or movement along the roads and highways of the State of Maine.
5.1.3. Camper/RVs, if occupied, shall conform to all setback requirements (road, rear, and side setbacks) as defined in the Waldoboro Land use Ordinance and Shoreland zoning setbacks as outlined in the Shoreland Zoning Ordinance.
5.1.4. In no case shall any camper/RVs be placed in Waldoboro for the purpose of permanent occupancy, nor may it be used as a permanent residence.
5.1.5. No person may make use of or permit other persons on land or lot under their ownership or control to make use of a camper/RVs or other forms of non-permanent structure, for permanent human habitation purposes.
5.1.6. The site placement of all camper/RV’s shall conform to normal "set-back" standards as defined in the Waldoboro Land Use Ordinance for the parking or storage of any camper vehicle within any Zoning District with regards to roads, streets, alleys, right of ways and abutting property owners.
5.1.7. No camper/RVs shall be permanently connected or hooked up to a water supply, electrical supply, septic system, nor permanently be attached to a foundation except that in a properly zoned and licensed campground as permitted pursuant to the laws of the State of Maine.
5.1.8. No skirting, permanent tie downs shall be allowed in regard to any camper/RVs except that skirting and tie downs shall be allowed in a properly zoned and licensed campground as permitted pursuant to the laws of the State of Maine.
5.1.9. No sewage shall be drained or dumped from any camper/RVs except into such collection vehicles or septic disposal systems as may be approved by local or State regulations.
5.1.10. Campgrounds as described in the definitions must comply with all Local and State regulations.
5.1.11. Camper/RVs and non-permanent structures may only be served by power supplied by solar, battery, or a public power supply.
5.1.12. Camper/RVs may not be supplied by its own independent public power supply. It must be served by an existing service fed from a permanent structure as defined in the definitions section and must conform to all State of Maine adopted National Electrical Code (NEC).
5.2. Life Safety
5.2.1. Camper/RVs while occupied will have one functioning smoke detector for each sleeping area and one in a common living area at a minimum.
5.2.2. Camper/RVs while occupied will have a minimum of one working carbon monoxide detector installed in a common living area.
5.2.3. Camper/RVs while occupied will have a minimum of one 5 lb. ABC fire extinguisher installed in a common living area.
- Violation PenaltiesRemediation for violations shall be addressed within fifteen (15) days of receipt of a first class certified letter from the Code Enforcement Officer. The letter from the Code Enforcement shall site the Sections of this Ordinance, and any applicable State of Maine statutes, that the offender or land/lot owner is potential in violation of.
- Violation of any provision of this Ordinance may be punishable by a fine of not less than $100.00 nor more than $2,500.00 for each offense. Each act of violation and every day upon which any such violation shall occur will constitute a separate offense. In addition to such penalty, the Town may enjoin or abate any violation of this Ordinance. All fines and penalties, together with costs of prosecution of violations, which shall include the Town's cost and attorney's fees, shall inure to the benefit of the Town. This section shall be enforced by the Waldoboro Health officer, the Waldoboro Code Enforcement Officer, and/ or their designees.
- Appeals
- An appeal from any final decision of the Select Board or Code Enforcement Officer under this Ordinance may be taken by any party to the Board of Appeals within thirty (30) days of the decision, pursuant to Article 5 (Appeals) of the Waldoboro Land Use Ordinance.
- Severability
- If any section, phrase, sentence, or portion of this Ordinance is, for any reason, held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not impact the validity of the remaining portions thereof.
Reach Sarah Masters at news@penbaypilot.com
