Bedford City Zoning Code
Article
XI Administration and Enforcement
§ 275-83 Zoning Administrator; appointment; duties.
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.
§ 275-84 Administrative officer.
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.
§ 275-85 Building permit procedure.
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]
§ 275-86 Certificate of occupancy.
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]
§ 275-87 Violations and penalties.
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]