Building permits required. Unless otherwise exempt from the requirement for a building permit under the State Building Code or the Town of Rye Building Code, no land shall hereafter be used for building or development, and no building, structure or subsurface waste disposal system hereafter erected, enlarged or moved in whole or in part for any purpose, until a building permit shall have been issued by the Building Inspector showing that the use and development of the land, building, structure or subsurface waste disposal system complies with the provisions of this chapter. Except as exempted by the State Building Code or the Town of Rye Building Code, no building, structure or subsurface waste disposal facility shall be altered without a building permit showing that the alteration complies with this chapter.

Building permit applications.

Stakes and markers. No applications for a building permit shall be approved until stakes or markers shall be fixed on the lot to indicate the location of lot lines and all corners of building(s), structure(s), and alterations proposed and, where the Building Inspector deems it necessary or desirable, of the means of access thereto. Where the application is for land use not involving excavations, grading, or other development or use of the ground or landscape concerned, stakes or markers shall be fixed on the lot to indicate the location of lot lines and bounds of all such excavations, grading, or land development(s) proposed. No building permit for any work or project estimated to cost more than $10,000 shall be issued until the Building Inspector has inspected the premises and has satisfied himself that all lot, building, structure, and land use stakes or markers are in place and comply with the provisions of this chapter.

Issuance of building permits.

Revocation of building permit. The Building Inspector or the Select Board may suspend or revoke any building permit upon determining that the work or project in process is not in conformity with the permit as issued or is otherwise in violation of the terms of this chapter or any approvals issued hereunder. In the event of such suspension or revocation of a building permit, the work or project concerned shall immediately cease, or legal action to enforce such cessation shall forthwith be taken by the Select Board.

Grading and excavation prohibited. Grading and excavation for foundations, on-site waste disposal systems and on-site utilities shall not begin prior to the issuance of a building permit.

Expiration of building permit. A building permit, whether for a building, structure, material alteration or proposed land use or otherwise, under the authority of which no work has been commenced within one year after issuance shall expire and become void upon such anniversary. A permit may be renewed only once, upon receipt of the required administrative fee, for an additional 12 months.

Certificates of change of occupancy.

Inspections. Inspections required under the provisions of this chapter shall be made by the Building Inspector or his duly appointed assistant. The Building Inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of this chapter shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.

Enforcing authorities. This chapter shall be enforced by the Building Inspector or the Select Board. For this purpose, the Select Board shall have concurrent jurisdiction with the Building Inspector for enforcement of this chapter.

Cease-and-desist orders. The Building Inspector may issue violation and cease-and-desist orders, including cease-and-desist orders permitted by RSA 676:17 and/or 676:17-a, as amended, personally, or by Town Counsel on his request, and further either the Building Inspector or the Select Board in his stead, as to enforcement hereof only, shall make such orders and decisions and take any and all actions as may be deemed by him, or them, to be reasonably necessary to prevent violation of this chapter, as well as to secure the intent of this chapter.

Investigation of complaints. Upon the receipt of any well-founded information or upon the complaint of the Building Inspector, the Select Board shall investigate any purported violation of any provision of this chapter or permit or approval issued in accordance with this chapter, whether or not such violation is present or only reasonably anticipated. Upon the determination of any such violation, the Select Board, or its designee, shall have the discretion to take any such appropriate action, including, but not limited to, the institution of legal proceedings to prevent, abate, or remediate any such violation.

Penalties. Penalties for violation of these regulations shall be as provided by NH RSA 676:17, as amended.

Injunctive relief. In addition to other remedies provided by law, the Building Inspector, Select Board, or Town legal counsel may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or abate any violation of this chapter or the permits and approvals issued hereunder.

Recovery of legal costs. As permitted by NH RSA 676:17, as amended, the Select Board and/or the Building Inspector shall seek to recover all costs and attorney's fees in any legal action necessary to enforce these regulations.

In addition to the foregoing, this chapter may be administered, applied and enforced by the Planning and Zoning Administrator, or such other individual that may be designated by the Select Board. The Planning and Zoning Administrator shall, in addition to such other officials of the Town authorized to enforce this chapter, be considered an administrative officer pursuant to RSA 676:5, II(a).

As an administrative officer, the Planning and Zoning Administrator is authorized, upon the request from prospective applicants for variance relief, special exceptions, conditional use permits, or such other permits and approvals authorized by this chapter, to issue administrative decisions interpreting, constructing or applying the terms of this chapter. The Planning and Zoning Administrator may require prospective applicants to submit sufficient information as the Planning and Zoning Administrator may, in their reasonable discretion, deem necessary for issuance of such decision. Any such decision so issued will be in writing.

Nothing in this § 190-8.4 shall require the Planning and Zoning Administrator to issue an administrative decision when a prospective applicant has not supplied sufficient information for the Planning and Zoning Administrator to issue an administrative decision or when the issuance of an administrative decision would require specialized knowledge, training, or information. In such instance, the prospective applicant shall be deemed to require variance relief from the ZBA and may proceed to seek a variance and/or appeal that administrative decision.

Any decision issued in accordance with this § 190-8.4 shall constitute a decision of an administrative official, as that term is defined in RSA 675:5, II(b), which may be appealed to the Zoning Board of Adjustment in accordance with RSA 676:5, I and § 190-7.0.

Any such decision, so issued, will not be binding upon the Planning Board, which may independently apply, interpret, or construct this chapter, and determine that further relief from provisions of this chapter is necessary.

In the event of any conflict between a decision of the Building Inspector and an administrative decision of the Planning and Zoning Administrator pursuant to this § 190-8.4 regarding the interpretation, application, or construction of this chapter, the matter shall be submitted to the Town Administrator, who may refer the matter to the Rockingham County Planning Commission or such other individual/entity that may be authorized for an independent determination; and, in such instance, the determination of the reviewing entity shall control.