No building in any zone shall be erected, reconstructed, rehabilitated, restored, or structurally altered without a building permit.

(1)

Application. Every application for a building permit shall be made on forms provided by the building inspection division and shall be accompanied by such fee as may be prescribed from time to time. Subject to the waiver described below, every application for a building permit shall be accompanied by a complete set of plans, construction drawings, and specifications, drawn to scale, including:

a.

A survey made by a licensed surveyor showing the actual shape, dimensions, radii, angles, and area of the lot on which the building is proposed to be erected or of the lot on which it is situated, if an existing building;

b.

The block and lot numbers as they appear on the official town tax map;

c.

The exact size, height, and location on the lot of the proposed building or buildings or alterations of an existing building, and the location on the lot of any other existing buildings;

d.

The location, nature, and dimensions of all yards, access driveways, off-street parking, plantings and screening, and distances between buildings;

e.

The existing and intended use of all buildings, existing or proposed, the use of land, and the number of units of each proposed or existing use which the building is designed to accommodate;

f.

Such topographic or other information with regard to the building lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this ordinance.

Each application for new construction must be submitted in the following manner:

Three copies of a site plan stamped by a registered land surveyor which contains the following information:

— Shape, dimensions, radii, angles and area of the lot.

— Assessor's plat and lot numbers.

— Size and location of the proposed building.

— Location and dimensions of access drives, parking areas, planting and screening, and distance between structures and distance between structures on the same lot.

— The use of the land, or the intended use of the structure, and the number of units.

— Topographic information including distance to wetlands and/or waterbodies within 200 feet; flood zone elevations of the site and lowest habitable floor; platted width of right-of-way; existing width and surface of traveled road on which the lot fronts; designation whether public or private or to be constructed; existing proposed easements; and all existing utilities within the right-of-way.

— Elevation datum to be mean sea level.

Where the application involves the construction of an accessory structure or the alteration, restoration, or rehabilitation of a single principal building, the building inspection division may waive such of the preceding requirements as it deems to be superfluous, unduly burdensome, or disproportionately costly. Where site plan review was required pursuant to section 18 of this ordinance, the application must include the complete approved site plan.

The application and all supporting documentation shall be made in triplicate. Upon the issuance of a building permit, the building inspection division shall return to the applicant one copy of all documents.

The building inspection division may waive any or all of the above requirements for an accessory structure, or alterations of a principal building.

Three copies of construction drawings, drawn to scale which include the following information:

— Foundation plan detailing size, thickness, beam pockets, openings, anchor bolt spacing; also column footing size, thickness and spacing.

— Floor plans with rooms labeled, dimensions, size of headers; size, spacing, and direction of floor joists, location of attic scuttle.

— Elevations of all exterior views.

— Cross section which shows footing and foundations, sills, column beams, joints, rafters, collar ties, insulation, stair dimensions, exterior vents. Size, spacing and type of material of lumber grading.

— Engineered truss drawings (if applicable).

(2)

Special use permit uses. No building permit shall be issued for any proposed structure or use designated as a special use permit use in sections 4 and 12 or elsewhere in this ordinance, unless and until the zoning board of review has approved the site plan and granted the special use permit in accordance with the terms and provisions of sections 4, 12 and 18 of this ordinance. The building permit must reflect all terms and conditions imposed by the zoning board of review.

(3)

Variances. No building permit shall be issued for any proposed structure or use requiring a variance unless and until the zoning board of review has approved the site plan and granted the variance in accordance with the terms and provisions of sections 11 and 18 of this ordinance. The building permit must reflect all terms and conditions imposed by the zoning board of review.

(4)

Road frontage. No building permit shall be issued unless the lot upon which the proposed structure is to be constructed fronts on a street which has been improved to town road standards or for which improvement an adequate surety has been posted, and unless the actual access to the structure will be on such street.

(5)

Exclusions. Nothing in this ordinance shall be deemed to require any change in the plans, construction, or designated use of any building for which a permit was duly issued and on which actual construction was lawfully begun prior to the adoption of this ordinance or amendment hereto, and provided that actual construction work has been diligently carried on and that the building will be completed within 18 months from the effective date of the ordinance or amendment. If construction is not completed within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this ordinance.

Cross reference— Buildings and building regulations, ch. 10.

(a)

Requirement. A certificate of occupancy shall be required for any of the following:

(1)

Occupancy and use of a building or any portion of a building hereafter erected, rehabilitated, reconstructed, restored, altered, or moved;

(2)

Change in use of an existing building;

(3)

Occupancy, use, or any change in use of vacant land; and

(4)

Any change in use of a nonconforming use.

No such occupancy, use, or change of use shall take place until the building inspection division has issued a certificate of occupancy. Said certificate shall be deemed to authorize both initial occupancy and the continued occupancy and use of the building or land to which it applies. It shall state that in the opinion of the building inspection division, the building or proposed use of a building or land complies with all the provisions of this ordinance, and all other applicable ordinances, codes, and regulations, and, if applicable, with all the terms and conditions of any site plan approval, variance, or special use permit.

No certificate of occupancy shall be issued for any structure or use requiring a variance or special use permit unless and until the zoning board of review has approved the site plan and granted the variance or special use permit, and the applicant has complied with all the terms and conditions of said approval.

The zoning enforcement agency may require certification from the engineer, architect, or land surveyor that the project as completed complies with the terms and conditions of the variance or special use permit.

(b)

Application. Application for a certificate of occupancy for a new building or for an existing building which has been altered, reconstructed, restored, or moved shall be made after all work on such building or part thereof has been completed in conformity with the provisions of this ordinance and all other applicable provisions. In the case of a new building, the application shall be accompanied by an as-built site plan or architectural survey, prepared on a topographic base with a datum satisfactory to the town engineer, by a licensed engineer or land surveyor, indicating the precise location of all structures, roads, parking areas, storm drains, catchbasins, aboveground and underground utilities including electric services, curbs, gutters, and all other site features, as built. Where the application involves an accessory structure or single principal building, the building inspection division may waive any of the foregoing elements of the application which it deems to be superfluous, unduly burdensome, or disproportionately costly.

Application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of an existing building, or for a change in a nonconforming use, shall be made after the applicant has obtained all approvals required under this ordinance.

Every application for a certificate of occupancy shall state that the building or use complies with all applicable statutes, ordinances, codes, and regulations.

All certificates of occupancy shall be issued on the condition that duly authorized employees of the building inspection division shall have the right to reinspect the premises within two years of issuance of the certificate in order to confirm that the property is being occupied or used in compliance with all applicable statutes, ordinances, codes, and regulations.

(c)

Temporary certificate of occupancy. The building inspection division may issue a temporary certificate of occupancy for a part of a building or alteration of a building for a period of not more than six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the town relating to the use or occupancy of the land or building or any other matter covered by this ordinance. No temporary certificate shall be issued, except under such restrictions and provisions as will adequately ensure the safety of the occupants of the building and of adjacent buildings and land.

Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this ordinance shall be fined an amount not exceeding $500.00 for each offense. Each day of the existence of any violation shall be deemed a separate offense.

The erection, construction, enlargement, conversion, alteration, rehabilitation, restoration, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any of the provisions of this ordinance, or of any permit, variance, special use permit, or site plan review granted pursuant to this ordinance, is hereby declared to be a violation of this ordinance and unlawful. Immediately upon receiving notice of any such violation, the town solicitor shall institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate, or remove such violation.

The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

The town solicitor shall serve notice either by personal service or by certified mail, addressed to the premises of such violation, on the person committing or permitting the violation, or on the owner of the property as shown on the latest copy of the town assessment rolls. If such violation does not cease within such time as the town solicitor specifies, but not less than five days, he may petition the proper court of law for the necessary relief required.