Article 02: Permits & Standards

38-6. Permit required.

It shall be unlawful to construct, alter, remove or demolish or commence any construction, alteration, remodeling, removal or demolition of a building or structure or install equipment for the operation of a building or change the use of the building without first filing a written application with the Code Enforcement Officer. Occupancy permits shall be approved by the Code Enforcement Officer. If a changed use requires site plan approval, site plan approval shall be required from the appropriate town board prior to the issuance of a building permit.

38-7. Permit requirements.

A.  Application form. Applications shall be filed with the Code Enforcement Officer on a form approved by the Town Administrator. The application shall contain the full name of the owner and/or his agent. It shall contain a certification that the property is not located in an unapproved subdivision. The application shall describe briefly the proposed work and give such other information as may be required to enable the Code Enforcement Officer to determine whether the proposed work complies with the provisions of this chapter.

B.  Plot plan.

           1.  The plot plan shall accompany the application and shall show the following:

               a.  The lot dimensions and area.

               b.  The names of abutting streets.

               c.  The names of abutting property owners, with the locations of all buildings on the adjoining land within ten (10) feet of the property lines.            

               d. The dimensions of the proposed building(s).

               e.  Dimensions indicating the setbacks: front, side and rear.            

               f.  The location of proposed connection(s) to the town sewer and water lines, where available, and the location of any wells on the property, abutters' wells and the proposed location of any new well and/or drainage field. State approval for construction of a septic system must be submitted with the building permit application.             

               g.  The location of the proposed driveway(s).           

               h.  The proposed use of the building and land.            

               i.   Rights-of-way and easements on the property and adjoining lot(s).        

               j.   Provision for parking and loading spaces, where applicable.         

               k.  Five-foot contour lines, existing and proposed, if the Code Enforcement Officer finds that such information is necessary in order to determine whether the building can be constructed on the lot in accordance with all building and land use regulations of the Town of Durham.

           2.  Applications for permits shall be accompanied by drawings of the proposed work drawn to scale. These drawings will show, when necessary, floor plans, sections, elevations, structural details and such other information as may be required by the Code Enforcement Officer.

C.  Driveway permit. Applications shall include an appropriate driveway permit from the state or town.

D.  Sewage/septic systems.

           1.  Plans for the provision of sewage disposal facilities for business and industrial buildings in all districts and for residences and buildings not employing town facilities shall be provided. Test pits will be witnessed by the Code Enforcement Officer, and the septic plan must be approved by the Code Enforcement Officer. State approval for construction is required prior to granting the building permit.

           2.  Septic systems.

               a.  No building permit shall be issued unless the applicant has first obtained approval from the Water Supply and Pollution Control Division of the New Hampshire Department of Environmental Services.

               b.  In the case of an existing system, no building addition or replacement or conversion from seasonal to year-round shall be approved in excess of the limits, as shown on the approved

                    plans, of the in-ground disposal system. If no approved plans are on file, it will be the responsibility of the applicant to provide acceptable proof of existing system size and condition.

               c.  Permits must be obtained from the Code Enforcement Officer for any new system or for the replacement or enlargement of any existing system. New systems and replacement systems, or improved or modified systems, shall be inspected in accordance with the schedule set forth below.

           3.  Application. An application for septic system approval shall be filed with the Code Enforcement Officer of the Town of Durham. This completed application shall be submitted with one large copy of the septic plan with the following information:

               a.  The date.

               b.  The installation location, including the Tax Map number.

               c.  A plan showing the details of the design.

               d. A site plan of the lot, including all dimensions, the location of the wetlands and existing structures.

               e.  The tank size.

               f.  The name and address of the contractor.

               g.  The location of the test pit within the leaching area.

               h.  Test pit inspection by the Town Code Enforcement Officer.

               i.   The applicant's name and address.

               j.   The location of any wells [also abutters within seventy-five (75) feet of the lot line] or any planned new wells.

               k.  The location of abutters' leach beds within seventy-five (75) feet of the lot line.

               l.   Any other information required in WS 1002.4 and WS 1002.05.

E.   Amendments to application. Any amendments to a plan, application or other records accompanying the same may be filed at any time before completion of the work for which the permit sought is issued, upon approval by the Code Enforcement Officer. Such amendments shall be deemed part of the original application and shall be filed herewith.

F.   By whom application is made. Application for a permit shall be made by the owner or lessee of the building or structure or agent of either or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the qualified applicant or a signed statement of the qualified applicant witnessed by the Building Official or his designee to the effect that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, the lessee, the applicant and the responsible officer, if the owner or lessee is a corporate body, shall be stated in the application.

38-8.  Permit fees.

A.  Establishment of permit fee. Building permit fees shall be established by the Town Council, and the schedule of fees shall be included in the Town-wide Master Fee Schedule.

B.  Fee for nonpermitted work. Any person who is found to have demolished, constructed, altered, removed or changed the use of a building or structure without the benefit of a building, electrical, plumbing, mechanical or change-in-use permit shall, upon issuance of said permit(s), be assessed a permit fee of twice the normal rate the permit fee would be or $100 minimum, whichever is greater.

C.  Payment of fee. The building permit fee (per the fee schedule) is to be paid prior to any building permit being issued and before plan review of the application has commenced.

D.  Noncontract work. For noncontract work, such as when a homeowner furnishes his own or has furnished free labor, but purchases the materials, the fee shall be based on the actual cost of all material with a multiplier of two (2) applied. For example, for total materials of five thousand dollars ($5,000.): $5,000 x 2 = $10,000. The permit fee would be figured on ten thousand dollars ($10,000.) of valuation. When there is a disagreement between the applicant and the Building Official in determining an appropriate fee using either of the above methods, the Building Official shall then use the latest Building Valuation Data Report, as published periodically, to determine the building permit fee. The permit fee will then be based on this assessment.

(Section 38-8 amended by Ord. #2007-04 dtd 04/23/07)

38-9.  Nonresidential site review.

No building permit shall be issued for the development of tracts for any nonresidential and any residential use other than single- and two-family dwellings until the applicant has submitted his application and site plan to the Planning Board for site review in accordance with the Zoning Ordinance. A building permit will not be issued in any case unless the Planning Board approves such site plans.

38-10.        Certification for use.

No building or structure or part thereof hereafter erected or altered shall be used, moved or the open spaces in any way reduced until the Code Enforcement Officer has certified on the building permit the specific use to which the land or structure complies with the plans and specifications on the building permit and complies with a use permitted in the appropriate zone district.

38-11.        Commencement of work.

No work shall be started on the proposed site and no building shall be erected, altered, remodeled or demolished until the owner or his agent shall first secure a building permit from the Code Enforcement Officer or from the Zoning Board of Adjustment as hereinafter provided.

38-12.        Issuance of permit.

A.  No building permit shall be issued or become effective until the Code Enforcement Officer has certified that the proposed building, alteration or remodeling, and its intended use or type occupancy, complies with the provisions of this chapter and the Zoning Ordinance.

B.  Upon approval of the application, the Code Enforcement Officer shall issue a permit authorizing such construction, alteration or demolition.

C.  The Code Enforcement Officer shall be given at least twenty-four (24) hours notice of the starting of work under a permit, unless the work is emergency in nature.

38-13.        Certified plot plan.

Prior to commencement of construction which results in the placement of a new building on a lot or prior to any construction which results in the expansion of an existing building footprint, a plot plan certified by a registered land surveyor shall be presented to the Code Enforcement Officer showing acceptable setbacks from all lot lines. A sketch plan is required at the time the permit is first requested. If the Code Enforcement Officer determines that a minor addition to an existing building will in no way encroach upon any setback area, the Code Enforcement Officer may waive the requirement for a certified plot plan.

38-14.        Wells.

A.  Any drilled well shall be installed by a licensed driller. The application for such building permit shall contain the license number of the driller.

B.  A well shall not be placed closer than forty (40) feet to an undeveloped lot line or less than seventy-five (75) feet from an existing or proposed septic system leach bed. The permit application for said well shall contain a site plan showing the distance to any abutting leach bed areas and the distance to the lot lines.

C.  A building that is connected to a private well and/or private water system shall have the water tested by a certified laboratory for safe drinking quality prior to the issuance of a certificate of occupancy.

38-15.        Replacement permits.

In the event of damage or destruction by fire, storm or act of God of any building or structure not conforming to the regulations of this chapter, said building or structure may be rebuilt to its former nonconforming use on its original foundation. Such construction shall be started within one (1) year from its damage or destruction and shall be completed within two (2) years from the date of damage or destruction and rebuilt to current codes and laws.

38-16.        Time limit of permits.

All building permits shall be valid for one (1) year, provided that the actual building construction applied for has commenced within six (6) months of the issuance of the permit. A six-month extension may be granted upon request and with no additional fee. Beyond the twelve- or eighteen-month period, whichever applies, a new permit will be required, and said fee would be one-half (1/2) of the original permit fee. The Code Enforcement Officer shall declare and send notice to the holder thereof that said permit has lapsed.

38-17.        Occupancy permit.

The building permit fee includes the occupancy permit. Occupancy permits shall be issued in writing following a final inspection by the Code Enforcement Officer to ensure compliance with all local and state regulations. An occupancy permit shall not be issued until the Public Works Director or his designee has inspected and approved the driveway. For a new dwelling on a proposed town road, no occupancy permit shall be issued until after completion and inspection of the base course of paving.

38-18.        Assignability of permits.

A building permit, once issued, shall not be assignable nor shall it be revocable except on an appeal to the Zoning Board of Adjustment or as provided in 38-16 and 38-19 herein.

38-19.        Revocation or lapse of permits.

A violation of or variation from the terms, conditions or authorization of a building permit by the holder thereof or his agent, architect or contractor shall be cause for the revocation of said permit. Such revocation shall be made at the discretion of the Code Enforcement Officer, and an appeal from such action may be made to the Zoning Board of Adjustment for relief.

38-20.     Action on permits.

Should the Code Enforcement Officer or Town Administrator fail to take action on an application for a building or occupancy permit within thirty (30) days of the filing, the applicant may apply to the Zoning Board of Adjustment for a building or occupancy permit.

38-21.       Responsibility for construction safety.

Any building site in the Town of Durham shall be left in a safe state at all times. The owner/contractor shall assume the responsibility for leaving the construction site so that no dangerous or hazardous conditions shall exist.