Pursuant to RSA 673:1, V, the Conway Board of Selectmen is hereby
authorized to establish a Building Code Board of Appeals, rules of
procedure governing said board and appoint members. Until such time
as the Board of Selectmen establish a Building Code Board of Appeals,
the Zoning Board of Adjustment shall act as the Building Code Board
of Appeals.
Prior to issuing a building permit, applications shall be reviewed
by the Selectmen or their agent to ensure compliance with applicable
codes. All applications shall be reviewed by the Selectmen or their
agent to determine whether Planning Board approval is necessary. If
Planning Board approval is not necessary, a separate zoning permit
is required. If Planning Board approval is required, a separate zoning
permit shall not be required and the applicant shall proceed to the
Planning Board for the necessary approvals.
[Amended 4-14-2015 ATM by Art. 4A; 4-11-2017 ATM by Art.
7]
A. A nonrefundable fee shall be paid to the Town with each application
for a building permit in an amount set from time to time by the Town
Meeting.
B. Words and phrases hereunder shall be deemed to have the same meaning
and definitions as set forth in the State Building Code adopted in
this article. Dollars per square foot are to be based on current mean
construction cost data, and repairs and remodeling $/SF shall be based
on general estimated practice.
C. In all cases, estimates shall at least meet valuations represented
in the latest edition of the Marshall Valuation Service (Marshall
and Swift, LP) on file in the Assessor's office.
D. Notwithstanding any other enforcement action available to the Town,
an applicant filing an application late may be required to pay an
additional penalty fee as set from time to time by the Board of Selectmen
for each day between the date construction began and the date the
application was filed.
E. A nonrefundable fee in an amount set from time to time by the Town
Meeting shall be paid to the Town with each application for a zoning
permit.
Any building permit shall expire upon completion of the proposed
project as may be indicated on the form or at the end of one year,
whichever time shall arrive earlier. All building permits issued by
the Town prior to the date of adoption of this article shall remain
valid no longer than one year after the effective date of this article.
The Selectmen shall be authorized to amend the forms to be used
hereunder from time to time, provided that at least two public hearings
shall be held, with each hearing having published notices therefor
at least two weeks prior to such hearing; after the second hearing,
the Selectmen shall vote to adopt amended forms, record the amended
forms with the Town Clerk of Conway, and thereafter the same shall
be valid and enforceable. In the notice of the second hearing, the
entire proposed amendment shall be published and no substantive changes
may be made after the second hearing.
[Amended 4-11-2017 ATM by Art. 7]
Any violation of any provision of this article or the forms
promulgated hereunder shall be punished on conviction by a fine of
$275 for the first offense and $550 for subsequent offenses pursuant
to RSA 676:17. The Town may also enforce this article and the regulations
hereunder by injunction, restraining order or other appropriate action.
This article shall apply throughout the Town of Conway and shall
take effect when adopted at any duly warned Town Meeting.
In the event that the requirements of this article are in conflict
with other codes, the more stringent shall apply.
Nothing in this article or in the Building Code hereby adopted
shall be construed to affect any suit or proceeding pending in any
court, or any rights acquired, or liability incurred, or any cause
or causes of action acquired or existing under any act or ordinance
hereby repealed, nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this article.
This article may be amended in accordance with RSA 675:3. This
shall not be deemed to limit the authority of the Selectmen to adopt
and/or amend forms consistent with the powers and procedures established
hereunder.