East Beach Regulations - Final Draft
The following is a draft of the East Beach Regulations which will be addressed at the Board of Selectmen's Meeting on Monday - February 22, 2010 at 6:00 PM
** FINAL DRAFT – TOWN COUNSEL RECOMMENDATION **
February 11, 2010
REGULATIONS RELATIVE TO
MOBILE HOME/RECREATIONAL VEHICLE
PERMITS FOR PROPERTY AT
EAST BEACH
I. Statement of Purpose and Authority
Pursuant to Article XV of the By-laws and Regulations of the Town of Westport (hereinafter referred-to as the “By-law”), the Board of Selectmen is charged with issuing permits for the keeping of Mobile Homes and Recreational Vehicles on private property in the Town of Westport. In issuing such permits, the Board is required to ensure the promotion of health, safety, convenience, morals and welfare of the inhabitants of the Town. The area known as East Beach has a large concentration of property owners desiring to use their property for the keeping of Mobile Homes and Recreational Vehicles during certain times of the year. The area known as East Beach is in an environmentally sensitive barrier beach area. Therefore, in order to balance the interests of the East Beach property owners to use their property for the keeping of Mobile Homes and Recreational Vehicles, with the public’s interest in protecting public safety and preserving the natural environment, the Board of Selectmen (hereinafter referred-to as the “Board”) hereby promulgates the following regulations concerning the issuance of Mobile Home/Recreational Vehicle Permits for the East Beach Area.
II. Season
For purposes of this regulation, the Season for the East Beach Area shall be from May 1 through October 31 of each year. The placement of Mobile Homes and/or Recreational Vehicles on property in the East Beach Area at any other time of the year shall be subject to the By-law. For purposes of this Regulation, the East Beach Area shall encompass the area between the Rhode Island Sound to the west, Buzzards Bay to the east, the entrance to Horseneck Beach Reservation and Third Street to the North and Buzzards Bay to the South, and shall include all lots which are eligible to apply for a 6 month Mobile Home and Recreational Vehicle Permit, including but not limited-to all lots abutting East Beach Road, Farley Lane, Grove Avenue, John Reed Road, Mosher Lane, South Shore Street and West Beach Road.
III. Permit Application
In addition to the procedures set forth in paragraphs 1501.1 through 1501.8 of the By-law, applications to keep a Mobile Home or Recreational Vehicle on property located in the East Beach Area shall comply with the following requirements.
1. Permit Applications shall be submitted, in writing, on a form supplied by the Board. Completed applications should be received by March 1 for the ensuing Season. The Board will not guarantee that applications received after March 1 will be acted upon before May 1.
2. Each Permit Application shall be accompanied by a fee established by the Board.
3. Each Permit Application shall contain the following certifications:
a. Board of Health certification that the subject property has an approved method of sewage disposal, either through an approved on-site septic system or a self-contained septic system with evidence of appropriate arrangements for off-site disposal.
b. Conservation Commission certification authorizing any permanent structures affixed to the property. For purposes of this regulation, the term “permanent structure” shall include sheds, decks, fences, benches, or any other item affixed to the ground in such a manner that it is designed to remain at a fixed location.
c. As the Board recognizes that the process for obtaining the above-referenced approvals may involve time consuming administrative processes, a property owner may obtain a permit with a certification that the required processes have been initiated, are on-going and that the property owner is participating in such processes in good faith.
4. Each Permit application shall include a plot plan of the property. Said plan need not be prepared by a registered surveyor, but it must be sufficiently accurate to depict the existing conditions of the subject property, including but not limited-to the location of the trailer, mobile home or recreational vehicle, the location of any permanent structures and an estimate of the high water mark, if applicable. Once on file, the applicant need not submit a plan for subsequent years unless there is a change in the existing conditions at the subject property.
5. Each Permit application shall include a description of the trailer, mobile home or
recreational vehicle, including its state of registration and registration number, and shall include a description of any temporary structures the property owner intends to store on the property during the Season. For purposes of this regulation, the term “temporary structures” shall include sheds, decks, fences, or any other large item that is not affixed to the ground in such a manner that it is designed to remain at a fixed location.
6. The permit application shall be signed under the pains and penalties of perjury.
IV. End of Season Clean-Up
1. Prior to vacating the property at the end of the Season, and no later than November 3 of each year, the property owner shall remove all trailers, campers and/or mobile homes, all temporary structures and all items of personal property. The following is a non-exhaustive list of items that must be removed at the end of the season: picnic tables, benches, beach chairs, umbrellas, temporary decks or patios, temporary sheds, etc.
2. Only permanent structures duly approved by the Conservation Commission remain on the site after November 3 of each year.
3. Any items remaining on the site, except those allowed under paragraph 2 hereof, after November 3 will be considered abandoned property and are subject to removal by the Town. The Town will conduct inspections of all properties in the East Beach Area after November 3 and shall document all items of abandoned property. The property owner shall be provided with written notice of the Town’s findings. Any abandoned property not removed within 1 week of the Town’s notice may be removed by the Town at the property owner’s expense. If the Town is required to undertake removal, items will not be stored for retrieval by the property owner, but will be disposed of in an appropriate fashion. The property owner will be billed for any costs incurred by the Town in removing and disposing of the abandoned property, and if such bill is not paid in full within thirty days, the balance will be transmitted to the Tax Collector for collection in accordance with Chapter 60 of the Massachusetts General Laws, which may include imposition of a lien on the property.
4. The Board may deny a permit for the following season for any property on which the owner failed to perform proper end of season clean-up or failed to pay costs billed by the Town in accordance with paragraph 3 hereof.
5. Any permanent shed or other storage location on the property must be cleared of any and all hazardous materials prior to the end of the season, and no later than November 3 of each year. No hazardous materials shall be stored in any manner on the property during the off-season. For purposes of this regulation, the term “hazardous materials” includes, propane tanks, gas tanks, paint cans, bug sprays, cleaning fluids, etc. Prior to vacating the property at the end of the Season, and no later than November 3 of each year, the property owner shall certify in writing and under the pains and penalties of perjury that all “hazardous materials” have been removed from the Property.
V. Conditions on All Permits
All permits issued for the East Beach Area shall be subject to the following terms and conditions:
1. No trailer, mobile home or recreational vehicle, permanent structure, temporary
structure, or items of personal property shall be stored on Town-owned land. Any materials encroaching upon Town land may be subject to removal in accordance with section IV(3) of these regulations.
2. All properties are subject to an electrical inspection in accordance with procedures of the Electrical Inspector.
3. All properties shall be identified with reflective street address signs provided by the Police Department and such signs shall remain in place at all times and be visible from the road.
4. In the event of a major storm warning, property owners shall take any and all actions ordered by the Town through its Emergency Management officials. If such orders require the removal of items from the property, and the property owner fails to comply therewith, such items may be removed by the Town at the owner’s expense.
VI. Enforcement
1. The Board of Selectmen may revoke a permit for any of the following reasons:
a. The failure to comply with any requirement of the By-law or these
Regulations, or any orders of the Board of Health, Conservation Commission or or any other board or officer of the Town relative to the use of the subject property.
b. The making of any material misrepresentation in a permit application,
including but not limited-to failing to properly identify the existence of an on-site septic system or permanent structure.
c. The maintenance of any condition on the subject property which constitutes a nuisance or threat to the safety, health and environment of the inhabitants of the Town.
2. Prior to revoking the permit, the Board shall provide the permit holder with written notice of the violation. Within five business days of receipt of such notice, the permit holder may request a hearing before the Board. Notice shall be served by certified mail return receipt requested or by constable. Said hearing shall be convened more than forty-eight hours after receipt of the request. The Board shall render a written decision within thirty days of closing the hearing. The written decision of the Board after such hearing shall be final.
3. The failure to comply with the By-law or this Regulation may result in the imposition of fines as set forth in paragraph 1507 of the By-law thereof.
4. The Board may deny a permit for the following season for any property on which the owner failed to comply with an order of the Board of Health, Conservation Commission, Building Inspector or any other board or officer of the Town relative to the use of the subject property.
5. The Board may enforce these Regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board shall not preclude enforcement through any other lawful means.
VII. Reservation of Rights
Property owners must comply with all applicable provisions of federal, state and local laws governing the use of the subject property, and the issuance of a permit by the Board of Selectmen is not intended to limit or restrict the rights of the Town or any of its boards, commissions or agents to carry out their duties in accordance with applicable laws and regulations relative to their respective jurisdictions. As such, the Town expressly reserves the rights to take appropriate enforcement action against any property owner should the need arise.
February 11, 2010
REGULATIONS RELATIVE TO
MOBILE HOME/RECREATIONAL VEHICLE
PERMITS FOR PROPERTY AT
EAST BEACH
I. Statement of Purpose and Authority
Pursuant to Article XV of the By-laws and Regulations of the Town of Westport (hereinafter referred-to as the “By-law”), the Board of Selectmen is charged with issuing permits for the keeping of Mobile Homes and Recreational Vehicles on private property in the Town of Westport. In issuing such permits, the Board is required to ensure the promotion of health, safety, convenience, morals and welfare of the inhabitants of the Town. The area known as East Beach has a large concentration of property owners desiring to use their property for the keeping of Mobile Homes and Recreational Vehicles during certain times of the year. The area known as East Beach is in an environmentally sensitive barrier beach area. Therefore, in order to balance the interests of the East Beach property owners to use their property for the keeping of Mobile Homes and Recreational Vehicles, with the public’s interest in protecting public safety and preserving the natural environment, the Board of Selectmen (hereinafter referred-to as the “Board”) hereby promulgates the following regulations concerning the issuance of Mobile Home/Recreational Vehicle Permits for the East Beach Area.
II. Season
For purposes of this regulation, the Season for the East Beach Area shall be from May 1 through October 31 of each year. The placement of Mobile Homes and/or Recreational Vehicles on property in the East Beach Area at any other time of the year shall be subject to the By-law. For purposes of this Regulation, the East Beach Area shall encompass the area between the Rhode Island Sound to the west, Buzzards Bay to the east, the entrance to Horseneck Beach Reservation and Third Street to the North and Buzzards Bay to the South, and shall include all lots which are eligible to apply for a 6 month Mobile Home and Recreational Vehicle Permit, including but not limited-to all lots abutting East Beach Road, Farley Lane, Grove Avenue, John Reed Road, Mosher Lane, South Shore Street and West Beach Road.
III. Permit Application
In addition to the procedures set forth in paragraphs 1501.1 through 1501.8 of the By-law, applications to keep a Mobile Home or Recreational Vehicle on property located in the East Beach Area shall comply with the following requirements.
1. Permit Applications shall be submitted, in writing, on a form supplied by the Board. Completed applications should be received by March 1 for the ensuing Season. The Board will not guarantee that applications received after March 1 will be acted upon before May 1.
2. Each Permit Application shall be accompanied by a fee established by the Board.
3. Each Permit Application shall contain the following certifications:
a. Board of Health certification that the subject property has an approved method of sewage disposal, either through an approved on-site septic system or a self-contained septic system with evidence of appropriate arrangements for off-site disposal.
b. Conservation Commission certification authorizing any permanent structures affixed to the property. For purposes of this regulation, the term “permanent structure” shall include sheds, decks, fences, benches, or any other item affixed to the ground in such a manner that it is designed to remain at a fixed location.
c. As the Board recognizes that the process for obtaining the above-referenced approvals may involve time consuming administrative processes, a property owner may obtain a permit with a certification that the required processes have been initiated, are on-going and that the property owner is participating in such processes in good faith.
4. Each Permit application shall include a plot plan of the property. Said plan need not be prepared by a registered surveyor, but it must be sufficiently accurate to depict the existing conditions of the subject property, including but not limited-to the location of the trailer, mobile home or recreational vehicle, the location of any permanent structures and an estimate of the high water mark, if applicable. Once on file, the applicant need not submit a plan for subsequent years unless there is a change in the existing conditions at the subject property.
5. Each Permit application shall include a description of the trailer, mobile home or
recreational vehicle, including its state of registration and registration number, and shall include a description of any temporary structures the property owner intends to store on the property during the Season. For purposes of this regulation, the term “temporary structures” shall include sheds, decks, fences, or any other large item that is not affixed to the ground in such a manner that it is designed to remain at a fixed location.
6. The permit application shall be signed under the pains and penalties of perjury.
IV. End of Season Clean-Up
1. Prior to vacating the property at the end of the Season, and no later than November 3 of each year, the property owner shall remove all trailers, campers and/or mobile homes, all temporary structures and all items of personal property. The following is a non-exhaustive list of items that must be removed at the end of the season: picnic tables, benches, beach chairs, umbrellas, temporary decks or patios, temporary sheds, etc.
2. Only permanent structures duly approved by the Conservation Commission remain on the site after November 3 of each year.
3. Any items remaining on the site, except those allowed under paragraph 2 hereof, after November 3 will be considered abandoned property and are subject to removal by the Town. The Town will conduct inspections of all properties in the East Beach Area after November 3 and shall document all items of abandoned property. The property owner shall be provided with written notice of the Town’s findings. Any abandoned property not removed within 1 week of the Town’s notice may be removed by the Town at the property owner’s expense. If the Town is required to undertake removal, items will not be stored for retrieval by the property owner, but will be disposed of in an appropriate fashion. The property owner will be billed for any costs incurred by the Town in removing and disposing of the abandoned property, and if such bill is not paid in full within thirty days, the balance will be transmitted to the Tax Collector for collection in accordance with Chapter 60 of the Massachusetts General Laws, which may include imposition of a lien on the property.
4. The Board may deny a permit for the following season for any property on which the owner failed to perform proper end of season clean-up or failed to pay costs billed by the Town in accordance with paragraph 3 hereof.
5. Any permanent shed or other storage location on the property must be cleared of any and all hazardous materials prior to the end of the season, and no later than November 3 of each year. No hazardous materials shall be stored in any manner on the property during the off-season. For purposes of this regulation, the term “hazardous materials” includes, propane tanks, gas tanks, paint cans, bug sprays, cleaning fluids, etc. Prior to vacating the property at the end of the Season, and no later than November 3 of each year, the property owner shall certify in writing and under the pains and penalties of perjury that all “hazardous materials” have been removed from the Property.
V. Conditions on All Permits
All permits issued for the East Beach Area shall be subject to the following terms and conditions:
1. No trailer, mobile home or recreational vehicle, permanent structure, temporary
structure, or items of personal property shall be stored on Town-owned land. Any materials encroaching upon Town land may be subject to removal in accordance with section IV(3) of these regulations.
2. All properties are subject to an electrical inspection in accordance with procedures of the Electrical Inspector.
3. All properties shall be identified with reflective street address signs provided by the Police Department and such signs shall remain in place at all times and be visible from the road.
4. In the event of a major storm warning, property owners shall take any and all actions ordered by the Town through its Emergency Management officials. If such orders require the removal of items from the property, and the property owner fails to comply therewith, such items may be removed by the Town at the owner’s expense.
VI. Enforcement
1. The Board of Selectmen may revoke a permit for any of the following reasons:
a. The failure to comply with any requirement of the By-law or these
Regulations, or any orders of the Board of Health, Conservation Commission or or any other board or officer of the Town relative to the use of the subject property.
b. The making of any material misrepresentation in a permit application,
including but not limited-to failing to properly identify the existence of an on-site septic system or permanent structure.
c. The maintenance of any condition on the subject property which constitutes a nuisance or threat to the safety, health and environment of the inhabitants of the Town.
2. Prior to revoking the permit, the Board shall provide the permit holder with written notice of the violation. Within five business days of receipt of such notice, the permit holder may request a hearing before the Board. Notice shall be served by certified mail return receipt requested or by constable. Said hearing shall be convened more than forty-eight hours after receipt of the request. The Board shall render a written decision within thirty days of closing the hearing. The written decision of the Board after such hearing shall be final.
3. The failure to comply with the By-law or this Regulation may result in the imposition of fines as set forth in paragraph 1507 of the By-law thereof.
4. The Board may deny a permit for the following season for any property on which the owner failed to comply with an order of the Board of Health, Conservation Commission, Building Inspector or any other board or officer of the Town relative to the use of the subject property.
5. The Board may enforce these Regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board shall not preclude enforcement through any other lawful means.
VII. Reservation of Rights
Property owners must comply with all applicable provisions of federal, state and local laws governing the use of the subject property, and the issuance of a permit by the Board of Selectmen is not intended to limit or restrict the rights of the Town or any of its boards, commissions or agents to carry out their duties in accordance with applicable laws and regulations relative to their respective jurisdictions. As such, the Town expressly reserves the rights to take appropriate enforcement action against any property owner should the need arise.
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