durham municipal code

#2013-04 dtd 4/1/13). Each application for a subdivision or site review submitted to the Planning Board of the Town of Durham must be accompanied by a sewer feasibility study prepared by a professional engineer registered in the State of New Hampshire. The Code Enforcement Officer shall declare and send notice to the holder thereof that said permit has lapsed. 16.4.2 Independent Review. The Administrator may, however, suspend said department head from duty during said period, with or without pay. Other numbers less than one-half (1/2) inch in height in such a manner so as not to be confused as a street address. 40.1 The Town Council will consider updates and amendments to this Article as necessary. The chief administrative officer of the town shall be the Town Administrator (hereinafter called the "Administrator") who shall be a full-time regular employee of the Town. 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. K. Any bicyclist shall stop upon demand of a police officer. When regulations herein conflict with other regulations, the requirement yielding a higher level of safety shall apply. However, the standards in the table below shall be the standards for Maximum Fixture and Fitting Flow Rates for all connections to public water and/or sewer systems when associated with a new building permit, unless otherwise approved by the Director of Zoning, Building Codes & Health. 10. 1. Nothing in this ordinance shall be construed to abrogate, limit, or contradict any State or federal law or regulation. The Town reserves the right to refuse to collect curbside waste that is in excess of a reasonable volume per household. The Town Council or designated duly authorized employees of the town, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter. As used in this article, eighty-five percent (85%) coverage or reliability means the radio will transmit eighty-five percent (85%) of the time at the field strength and levels as defined in this article. The owner of any property seeking a building permit shall apply for, prior to his/her receiving occupancy, a building number and have said number affixed to or posted upon such property. Signs shall be posted along the entire access road with not more than 100 feet between signs. Note: Numbers are acceptable on mail boxes only if the mailbox clearly identifies the property to which it belongs, and numbers are visible from both directions of approach. 4.8.1.1 Building and Property Numbers. plans, of the in-ground disposal system. 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. The action of the Council in removing the Administrator shall be final. DISORDERLY EVENT-- An activity to which the police department responds on the basis of a complaint and determines to be disorderly. Where the context admits, it shall mean the city manager. No person shall ride or propel a motorized device on any public roadway within the Town, or upon any other public path established for the exclusive use of bicycles, unless such motorized device has been properly registered as herein provided. B. 4. There shall be a Board of Library Trustees consisting of seven (7) members and not more than three (3) alternate members. (b) For the purpose of this ordinance, each day that a violation continues following notice of the violation shall constitute a separate and new offense subject to an increased fine. Except as hereinafter provided, every Town purchase or contract greater than twenty-five thousand ($25,000) dollars in amount shall be made only after the receipt by Town of publicly invited sealed competitive bids on uniform specifications. This includes failure to schedule and satisfactorily complete a required inspection prior to the expiration of the issued permit, and multiple inspection failures. D. Each department head shall be responsible for satisfactory maintenance and care of all town property and buildings assigned to his department. G. School District means the Oyster River School District, of which the Town of Durham is a member municipality. Anything above to the contrary notwithstanding, all purchases or contracts in excess of fifty-five thousand ($55,000) dollars shall require Town Council approval by affirmative vote. A. A motorized device shall be considered registered for the entire life of the motorized device, unless the sticker provided by the Chief of Police has been mutilated, destroyed, altered, lost, or removed. To supervise the heads of all departments established by this code and appoint, remove and discipline and to perform or delegate the duties and responsibilities of such department heads, subject to the provisions of the Charter and this code. A. He/she shall receive application for alteration, demolition and installation of all water distribution systems and all sanitary waste disposal systems within the Town of Durham, N.H. C. He/she shall promptly inspect sites when necessary and review plans for said proposals to see that the proposed work meets all the codes. G. Revocation or Suspension: Such license may be revoked or suspended at any time upon a determination of the Town Administrator that repeated incidents of noncompliance with the provisions of this ordinance have been committed by the license holder, his agent, or employee. Electrical Contractor: The Master Electrician responsible for obtaining the permit, supervising the work, and contacting the Code Enforcement Officer for inspection of work. A copy of these authorizations shall be provided to the Towns Fire Department. B. K. Commercial, Multiunit and Apartment buildings will follow the same criteria as above for bulky waste items. 10.10 amended by Article 11 on the March 10, 2020 Town Election ballot). Such special election shall be held not less than thirty (30) nor more than ninety (90) days after the date of the certificate heretofore mentioned, provided that if any election is to occur within one hundred twenty (120) days after the date of said certificate, the Council may, at its discretion, omit the calling of a special election and submit the referred measure or part thereof to the voters at such approaching election. The Commission will assist in contacting and gaining the cooperation of all existing and future landlords not now members of the Durham Landlord s Association. Such uses are subject to all other applicable requirements of this Ordinance, including restrictions and prohibitions within an approved development plan of record for the property under consideration. D. Rules of procedure. The Council may reimburse the Administrator for reasonable relocation costs in connection with his establishing residence in the town. H. To superintend, manage and maintain all town facilities and property under his control. Moneys for the Sewer Fund shall be raised as follows: 1. 5.3 amended by Article 6 on the March 10, 2020 Town Election ballot). Special meetings also may be called at thewritten request of the Town Administrator or at least six (6) Councilors, and upon such request the Chairman of the Council shall call such special meeting. Said rate shall be sufficient with other available funds to meet the estimated expenses of the Sewer Department operational and maintenance budget. Burning of brush and other combustible material shall be allowed at the SWMF by authorized personnel at the discretion of the Towns Fire Department. No person shall operate any vehicle on any street so as to make any loud, unusual or other unnecessary noise as hereinafter defined. Trust funds, except where otherwise provided by the instrument creating such trust, shall be kept separate and apart from all other funds and shall be invested by the Trustees in legal investments, having been advised by the investment advisor. (Section 106-4(A) amended by Ord. A written request for an extension of a sewer main will be received by the Town Council and referred to the Sewer Policy Committee for recommendation. Failure by the Council to adopt a budget by the deadline established in this section will establish the budget as recommended by the Administrator as the adopted budget. Applications for permits shall be accompanied by drawings of the proposed work drawn to scale. SANITARY SEWAGE -- Normal water-carried household and toilet wastes discharged from any property, excluding ground- , surface or storm water. These representatives shall have all the rights of membership, including the right to hold office. Sec. The construction, handling, and use of fireworks intended solely for outdoor display, as well as the general conduct and operation of display, shall comply with the requirements of NFPA 1123, Code of Fireworks Displays and shall be in accordance with SAF-C 5000, Display Fireworks. TITLE. II. Owners are encouraged to register bicycles so that they might be identified as the result of the recovery of a lost or stolen bicycle. B. For any and every violation of the provisions of this Ordinance, the owner, general agent or such contractor of a building or premises where such violation has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the architect, builder, or any other person who knowingly commits, takes part or assists in any such violation, shall be liable on conviction thereof to a fine or penalty not exceeding $100.00 or such other penalty which may, from time to time, be authorized by state law unless otherwise specified elsewhere in this Ordinance. For the purpose of this ordinance the term motorized devices shall mean any device with a gas or electric engine and wheels joined to the bottom of a narrow platform that may or may not have vertical handles fixed to the platform, frame or wheels that is powered without the assistance of human peddling, pushing or gliding. This ordinance addresses a deficiency in the New Hampshire Revised Statutes, specifically RSA 645:1, whereby there are no specific regulations for the prohibition of urinating and defecating in public places, or in private places that can be seen from a public place. The Town of Durham is cognizant of the fiscal impact of service calls; and. All owners of residential rental properties shall identify the property and request an inspection from the Fire Department of all of their residential rental properties and dwelling units within 60 days of adoption of this ordinance. In the event that any changes are made in the character, flow or use of the property covered by the original application, the sewer assessment shall be subject to an adjustment in an amount which will reflect the new use. F. In the event that bonds or similar debt instruments have been issued for public capital facilities which were constructed in anticipation of new development, or are issued for advanced provision of capital facilities identified in this Ordinance, impact fees may be used to pay debt service on such bonds or similar debt instruments. I, 8-31-1957; Art. Each department head shall be responsible for the efficient operation of his department. During school hours, persons under sixteen (16) years of age shall not operate amusement devices unless accompanied by a parent or guardian. C. Following the public hearing, the Council may: (1) Pass said measure without alteration or with amendment; or (2) Deny said measure with stated reasons. When regulations herein conflict with other regulations, the requirement yielding a higher level of safety shall apply. 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. No elected or appointed officer or employee of the town shall take part in a decision concerning the business of the town in which he or a member of his family, directly or indirectly, has a financial interest, aside from his salary as such officer or employee, greater than any other citizen or taxpayer. C. Payment of Fee: The plumbing permit fee (per fee schedule) is to be paid prior to any plumbing permit being issued. Computer monitors and televisions require additional processing by an outside agency. Wheeled devices typically designed and intended for use by, and operated by the handicapped which were not originally manufactured as motor vehicles such as trail bikes or ATVs; Maintenance and repair equipment operated by or with the authorization of the Town of Durham: Any emergency vehicles operated by or under the direction of the Durham Police, Fire, and/or McGregor Ambulance service as well as similar vehicles of local, State or federal government agencies conducting similar activities; Waste materials not properly segregated for recycling, Rocks, dirt, gravel, asphalt, bricks, concrete, sand and other such solid fill. 3.3 amended by Article 7 on the March 10, 1998 Town Election ballot). The building permit fee includes the occupancy permit. Pursuant to RSA 31:39, III, any person guilty of violating this ordinance shall be fined as follows: 1st offense: $ 25.00, 2nd offense: $ 50.00, ( Chapter 49 amended by Ord. This includes failure to schedule and satisfactorily complete a required inspection prior to the expiration of the issued permit, and multiple inspection failures. Any other item that is acceptable at the SWMF but doesnt fit into any other category. DELIVERY OF NOTICES-- Any notice mailed or delivered to any owner as provided in this chapter shall be effective as to the owner identified in the notice, notwithstanding such owner's refusal to accept delivery of the notice and notwithstanding any failure of any other owner to actually receive notice. shall not be counted for the purpose of this chapter. a. E. Minor repairs and/or maintenance: No permit or fee shall be required for minor repairs or maintenance necessitated by ordinary wear and tear, such as replacing a switch, receptacle or breakers. Minimum Duties. The Council shall establish rules for its proceedings not inconsistent with this Charter. No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any town position or appointed town administrative office because of age, race, sex, sexual orientation, gender identity, political or religious opinions or affiliations. Schematic drawings of the electrical, backup power, antenna system and any other equipment associated with the amplification equipment including panel locations and labeling. C. Administrative Responsibility: The authority to administer this ordinance is hereby vested in the Town administrator who is also empowered to appoint a Code Enforcement Officer. C. The pitching of a tent, placing or erecting any other camping device, or sleeping on the ground. In the event of a vacancy in office, the Council shall fill such vacancy by appointment, such appointment to be effective until a successor to fill the unexpired term is elected at the next town election and is then qualified to serve. Notwithstanding other provisions of this Charter, to meet a public emergency affecting life, health, property or the public peace, the Council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by a public utility for its services; or authorize the borrowing of money except as provided in 23 of this Charter. Written notice of said meeting shall be delivered to each Councilor at least twenty-four (24) hours prior to the call of the meeting. The porches, stairs or railings are not structurally sound; 8. Perform other related duties as required. 6.5 Acceptance of Plans and Installations. The administrative service of the town shall, by ordinance, be divided into such other departments or other agencies as are necessary for the proper and efficient management of the affairs of the town. You may login with either your assigned username or your e-mail address. Summaries of annual audits, when available in a timely manner, shall be printed in the Annual Town Report, and complete copies shall be available for public inspection and copying in the Town Office during normal business hours. License applications shall be made to the Town Administrator, or designee, on forms prescribed by the Town Administrator. 20.1 The Town Council consider updates and amendments to this Article as necessary. Any person or persons violating any act or provision of this ordinance shall be fined not more than $100 for the first offense and $150 for the second offense. A minimum average in-building field strength of 2.25 micro-volts (-100 dbm) for analog and five (5) micro-volts (-93 dbm) for digital systems throughout eighty-five percent (85%) of the area of each floor of the building when transmitted from the appropriate emergency service dispatch centers which are providing fire, police and emergency medical protection services to the building. 41.1 This article outlines the costs of apparatus, personnel and equipment to be used when billing responsible parties during hazardous materials spills or negligent forest or brush fires as specified in New Hampshire RSA 153-A:23-27 and RSA 154:8-aII-a and RSA 277 L:17 V. 42.1 Fire apparatus and emergency response units (Engine, Tanker, Ladder, Rescue, Car, Medic, Forestry Watercraft and Rescue Trailer ) will be billed as established in the Master Fee Schedule, as amended on occasion.). A. B. per year. Maintain close coordination with department directors to establish data processing requirements. a. Develop and coordinate the site plan and subdivision review process. No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities.

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