For the purposes of this chapter, the Bedford Town Manager as
specified in the Town Charter is hereby given the power to appoint
a Zoning Administrator who shall perform the duties of the office
as designated in the various provisions of this chapter and shall
report all violations of this chapter to the Town Manager.
This chapter shall be administered by the Zoning Administrator
who shall have the authority to make inspections necessary to carry
out his/her duties in the enforcement of this chapter.
B.
Applicability. No building or structure shall be constructed, reconstructed,
altered, or relocated nor shall any excavation be commenced without
a duly authorized building permit issued by such Building Code Official.
C.
Prerequisite approvals.
[Amended 3-11-1997; 3-9-2010]
(1)
An applicant for building permit approval shall be responsible for
providing certified verification of all requisite local, state, and
federal approvals prior to the issuance of said building permit.
(2)
Prior to the start of construction, all wetlands shall be identified
and flagged on the lot by a New Hampshire certified wetlands scientist.
Flagging must be maintained during the construction and until a certificate
of occupancy is issued by the Building Code Official or his agent.
Flagging shall be installed with a maximum of no more than 25 feet
between flags.
D.
Application.
(1)
Application for a building permit shall be made on standard forms
provided by the Building Code Official which are available at the
Town offices during normal business hours.
(2)
Footings/foundations for all new building construction will be certified
by a State of New Hampshire licensed land surveyor prior to any further
construction. The Building Code Official or his agent may waive this
requirement if in his opinion it is obvious there are no setback encroachments.
[Amended 3-10-1992]
E.
Pending changes in Zoning Ordinance. The Building Code Official shall
not issue a building permit where application for such permit is made
after the first legal notice of proposed changes in the Zoning Ordinance
has been posted pursuant to the provisions of RSA 675:7 if the proposed
changes in the ordinance would, if adopted, justify refusal of such
permit. After final action has been taken on the proposed changes
in the Zoning Ordinance, the Building Code Official shall issue or
refuse to issue a permit which has been held in abeyance under this
section pursuant to a final action taken by the Town Meeting.
[Amended 3-9-2010]
A.
Purpose. The purpose of a certificate of occupancy is to give the
Building Code Official a mechanism by which he/she can verify conformance
to provisions of this chapter, the building permit, and other requisite
approvals related thereto.
B.
Applicability.
(1)
No person shall use or permit the use of any building, structure,
or premises or part thereof hereafter erected, relocated, altered,
repaired, converted, or extended until a certificate of occupancy
is issued by the Building Code Official.
(2)
Prior to the issuance of a certificate of occupancy for any building
or addition, a plat plan locating all buildings, utilities, and easements
on a given lot must be certified by a State of New Hampshire licensed
land surveyor. The Building Code Official may waive the requirement
for a certified plat plan for good cause shown.
[Amended 3-8-2005]
A.
Violations. The Zoning Administrator shall serve a notice of violation
and order to cease activity to any person, company, corporation, or
other association responsible for violating any provision of this
chapter. Any person, company, corporation, or other association who
has been served with a notice and ceases any work or other activity
shall not leave any structure or lot in such a condition as to be
a hazard or menace to the public safety, health, or general welfare.
B.
Prosecution of violations. If the notice of violation and order to
cease activity is not complied with, the Zoning Administrator shall
notify the Town Council which may, in addition to other remedies provided
by law, institute injunction, mandamus, abatement, or any other appropriate
action or proceeding to prevent, enjoin, abate, or remove such unlawful
violation. [RSA 676:15]
(1)
Any violation of this chapter shall constitute a misdemeanor if a
natural person, or a felony if any other person, and shall be subject
to a civil penalty not to exceed $275 for the first offense and $550
for subsequent offenses for each day that such violation is found
to continue after the conviction date or after the date on which the
violator receives written notice from the Town that he is in violation,
whichever is earlier. [RSA 676:17, I]
[Amended 3-19-1998]
(2)
In addition, if any successful legal action is brought by the Town
to enforce by way of injunctive relief or otherwise any local ordinance,
code or regulation, or to enforce any Planning Board, Zoning Board
of Adjustment or Building Code Board of Appeals decision or to seek
the payment of any fine levied pursuant to RSA 676:17, the Town shall
attempt to recover its out-of-pocket costs and reasonable attorney's
fees actually expended in pursuing the legal action. [RSA 676:17,
II]
