Town Seal
Zoning Ordinance

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Article
Article
Article I - Preamble
Article VII - Enforcement
Article II - Districts
Article VIII - Board of Adjustment
Article III - Definitions
Article IX - Amendments
Article IV - Zoning Regulations
Article X - Penalty
Article V - Cluster Housing
Article XI - Saving Clause
Article VI - Effect Not To Be Retroactive
Article XII - When Effective

ZONING ORDINANCE
FOR THE TOWN OF COLEBROOK, NEW HAMPSHIRE

An ordinance to promote the health, safety, convenience, and general welfare of the community by regulating the use and construction of buildings and premises in the Town of Colebrook.

ARTICLE I
PREAMBLE

In pursuance of authority conferred by Chapter 674:16 and 17, New Hampshire Revised Statutes Annotated, 1984 as amended, and for the purpose of promoting the health, safety, morals, prosperity, convenience of general welfare, as well as efficiency and economy in the process of development, of the inhabitants of the incorporated Town of Colebrook, New Hampshire, by securing safety from fire panic and other dangers, providing adequate areas between buildings and various rights of way, by preserving the rural charm now attached to our town, the promotion of good civic design and arrangements, wise and efficient expenditure of the public requirements and by other means, now therefore, the following ordinance is hereby enacted by the voters of the Town of Colebrook, New Hampshire, in official Town meeting convened.

ARTICLE II
DISTRICTS

For the purpose of this ordinance, as provided by New Hampshire RSA 674:20, the entire town or township of Colebrook, as the boundaries of same are now established or may hereafter be established by the General Court of the State of New Hampshire, shall be two Zoning Districts, the Precinct and the Outlying with regulations established by this ordinance to apply throughout said township.  The minimum lot size in the Precinct shall be 150 feet by 150 feet.  The minimum lot size in the Outlying shall be two acres. (Amended: March 1990)

ARTICLE III
DEFINITIONS  (as Amended March 1990)

Unless otherwise stated, words shall, for the purpose of this ordinance, have the meaning indicated in this Article.  Words used in the present tense shall include the future.  The singular includes the plural and the plural includes the singular.  The word “person” shall include a corporation, partnership, incorporated, or unincorporated association of persons.  The word “shall” is mandatory, not directory.

ACCESSORY BUILDING OR USE:  A building or use located on the same lot as the principal building and the use of which is considered customarily incidental to those off the principal building such as, detached garages, swimming pools and equipment sheds.

BUFFER ZONE
:  An area of land surrounding dwelling units where nothing may be constructed.  Land with a slope of over 25% or wetland may be considered at its full value for inclusion in a buffer zone.  (Amended: March 2004)

BUILDING
:  Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter or protection of persons, animals or property of any kind.

CAMP OR COTTAGE:  A building of such nature that it may only be used for recreational purposes.

CAMPGROUND:  An area set aside for the rental of a site to tourists who provide their own tents, trailers, vans or other recreational vehicle.

CERTIFICATE OF OCCUPANCY (CO):  A permit issued by the Planning Board following construction and prior to occupancy. (Amended: March 1998)

CONTRACTOR:  Any person, firm, corporation or other business entity engaging in improvements to, or repairs to, or reconstruction of, or other changes to realty.  This includes, but is not limited to, general contractors, excavators, carpenters, electricians, plumbers, septic designers, engineers, and architects.  Contractors are responsible for compliance with this ordinance and shall not commence any work prior to obtaining and securing all necessary permits and approvals.  (Amended:  March 1991)

CLUSTER HOUSING:  Any development consisting of three (3) or more dwelling units on a single piece of property.  Form of ownership may be commercial, condominium, or such other legal form of ownership as permitted under laws of the State of New Hampshire.  (Amended: March 2004)

DENSITY:  The number of dwelling units allowed for a quantity of land.  For example, on a ten-acre tract, out of the precinct with one-acre density, ten (10) dwelling units would be permitted.  (Amended: March 2004)

DIRECTIONAL SIGN: A sign not to exceed 1 foot by 2 feet the purpose of which is to indicate the direction from a state highway.  (Amended:  March 1992)

DRIVEWAY:  An access way serving not more than two lots.

DWELLING UNIT:  A room or group of rooms, with its own sanitary and kitchen facilities, forming a habitable unit for one family,  used or intended to be used for living, sleeping, eating, cooking and sanitation.

DWELLING UNIT:  A unit intended to contain one individual or family.  (Amended: March 2004)

FENCE:  A barrier constructed of wooden posts, wire, irons, etc., used to separate or as a means of protection or confinement.  (Amended:  March 2001)

FRONTAGE:  The distance that a lot borders on a public street or a private street that has been approved by the Planning Board in a subdivision.

HEIGHT:  The vertical distance between the mean finished grade at the structure and the highest point of the roof of the structure.

JUNKYARD:  Any place of storage or deposit, whether in connection with another business or not.  Junkyard will be defined as per RSA 236.91 and other related RSA’s or sections thereof that refer to the same.

LATE FEE:  Any fee collected for issuance of a permit applied for after the work has begun.  (Amended:  March 1991)

LOT:  A parcel of land of at least sufficient size to meet the minimum requirements of the Ordinance for use, area, setback, frontage and having access on an improved street or right-of-way.

MANUFACTURED HOUSING:
A structure which is transportable in one or more sections and which exceeds 8 feet in width and 40 feet in length and is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities.

NON-CONFORMING USE:  The use of any building, structure or land which does not conform to the provisions of this Ordinance.

NON-CONFORMING LOT:  A lot which does not conform to the requirements of this Ordinance.

NON-MOTORIZED RECREATIONAL USE:  Walking, jogging, running, skiing, horseback riding, children’s playgrounds, swimming, or other use not assisted by use of motors.    (Amended:  March 2004)

OPEN SPACE:  Land upon which there is no construction, left in it’s natural state or enhanced by landscaping.  (Amended: March 2004)

OPEN WATER:  Bodies of water such as, but not limited to streams, rivers, creeks, ponds, or lakes.  (Amended:  March 2004)

OUTLYING:  That area of Colebrook not served by municipal water and sewer.

PERMITTED USE:  A use of property which is allowed by this Ordinance.

PRECINCT:  That area of Colebrook served by the municipal water and sewer and/or so designated as precinct by property taxes.

PRIVATE ROAD:  A roadway providing access to three or more lots but which is not maintained by the Town.

PUBLIC ACCOMMODATION:  A building or group of buildings in which lodging or lodging and meals are provided for transient guests for compensation.  Public accommodations include, but are not limited to, motels, hotels, and bed and breakfast.

PUBLIC RIGHT-OF-WAY:
 Any town, state or federal highway or road and the land on either side of the same, as covered by statutes to determine the width of right-of-ways.
Roads and streets are public right-of-ways.

SETBACKS

FRONT:
 The depth of the front yard as measured from the street right-of-way to the front line of the closest building.

SIDE:  The depth between the side lot lines and sides of the closest buildings.

REAR:  The depth of the rear yard as measured from the rear lot line of the closest building.

SIGN:  Any  medium, which is used or intended to be used to attract attention to its subject matter.  Neither court and government notices nor the flag, emblem or insignia of a nation, political unit, school or religion are considered signs.

SPECIAL EXCEPTION:  A special exception is the specific use of a building or lot which is not listed as a use permitted in the town of Colebrook by this ordinance.  Special exceptions are designed to permit certain types of uses when such a use would not be detrimental to the public health, safety, character and welfare of Colebrook.  A special
exception may be allowed if after application and hearing thereon, the Board finds that the following conditions are met:

The specific site is an appropriate location for such a use.

Property values in Colebrook will not be reduced by such a use and the use will not cause undue financial burden to the town.

No nuisance or unreasonable hazard to the natural or constructed environment will occur.

Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use.

STRUCTURE:  A structure shall be considered to be anything constructed or erected with a fixed location on the ground.  Structures include, but are not limited to buildings, swimming pools, barns, manufactured housing and garages.  Minor installations such as, but not limited to, mail boxes, radio antennas, and flag poles shall not be considered structures.  (Amended:  March 2001)

TRAIL:  An area of limited width used for the purpose connecting to other areas of non-motorized recreation and/or existing snowmachine trails.  (Amended: March 2004)

VARIANCE:  Variances may be granted by the Zoning Board of Adjustment in accordance with RSA 674:33 in cases where, owing to the specific conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary hardship and so that the spirit of the Ordinance shall be observed and substantial justice done.

ARTICLE IV
ZONING REGULATIONS

SETBACKS AND FRONTAGE:
Every structure placed on a lot shall be at least twenty (20) feet from the front property
line and at least ten (10) feet from the side and rear property lines provided that in no case shall any structure in said District be erected, altered, or relocated as a to be located nearer the roadway than the fronts of the adjoining structures.  Any lot situated on a public street or approved private street shall have a minimum frontage of 150 feet.  (Amended:  March 1988)

A structure shall be considered to be anything constructed or erected with a fixed location on the ground.  Structures include, but are not limited to buildings, swimming pool, barns, manufactured housing, and garages.  It shall not include minor installations such as fences less than four feet high, agricultural and safety fences, mail boxes, and flag poles.  (Amended:  March 1987)

BUILDING HEIGHT:
The height of all new structures and all alterations and/or enlargements of structures
shall be limited to a vertical distance of thirty-five (35) feet between the mean finished grade at the structure and the highest point of the roof of the structure. Communications towers and antennas constructed of a non-flammable material are exempt from this height restriction.  (Amended:  March 1987)

TIME LIMIT:
No owner or occupant of any land in said district shall permit any building or other structure to be left unfinished or incomplete thereon unless the building permit has been extended by the Board.  All fire ruins shall be removed within one year, unless an extension has been granted by the Board of Adjustment.  (Amended March 10, 1992)

TRAILERS AND MOBILE HOMES:
Trailers or mobile homes may not be located within such District without written permission from the Planning Board, except for temporary locations for periods not to exceed fifteen (15) days.   (Amended:  July 1971)

A single trailer or a single mobile home may be located anywhere in the District provided it meets all frontage, front yard, side and back yard minimum land area, and Sanitary Protection requirements for this Ordinance.

Trailer parks and mobile home parks may be located anywhere in the District provided that they are 500 feet distant from the nearest dwelling at the time of establishment and further provided that:

Each mobile home space shall contain a minimum of 2,400 square feet; shall be at least 25 feet wide; and shall abut on a roadway of not less than 30 feet, if off-street parking is provided, otherwise 40 feet.  Such spaces shall be clearly defined, and trailers or mobile homes shall be parked in such spaces so that there will be a minimum of 15 feet between trailers or mobile homes and so that no trailer or mobile home shall be less than 10 feet from the exterior boundary of the park.

In all trailer and mobile home parks, roadways shall be well-drained, graveled, hard-surfaced or paved and shall be maintained in good condition and be lighted at night.

Access roads shall be provided to each trailer or mobile space.  Each access road shall be continuous; shall connect with a street or highway; and shall have a minimum width of twenty (20) feet.

Areas shall be provided for the parking of motor vehicles.  Such areas shall accommodate at least the number of vehicles to the number of trailer or mobile home spaces provided.

5.  GAS PUMPS:
Tanks and pumping equipment for dispensing petroleum products may not be installed in this District without a permit from the Planning Board.  (Amended:  July 1971)

6.  PERMITS:
It shall be unlawful to erect, relocate, or make exterior dimensional additions to any structure in the District without first having obtained a Building Permit from the Planning Board.  The permit application fee shall be set forth in the Colebrook Planning Board Fee schedule.  (Amended March 9, 1993)  Permits must be posted on site and be easily visible.  (Amended:  March 1988)

No permit shall be issued unless they proposed structure will present an appearance reasonably satisfactory and in keeping with the general nature and character of the area in which it is to be constructed; nor unless said building is to be finished on the exterior in a permanent manner, and whenever the same is of wood or of a material customarily painted is to be painted.

It is the intent of this Ordinance to prevent the erection of structures of such temporary, insubstantial, unsanitary, unattractive, or hasty construction, that they may be a damage or threat to the health of the community, unreasonably subject to fire hazards, or otherwise of such appearance and nature as to cause a substantial decrease of property values in the immediate vicinity of such structures.  When an objection on the account of the appearance of a proposed structure, for any or all reasons above set forth, is expressed in writing by a majority of the owners of property within a radius of 500 feet of the property in question, the Board of Adjustment shall hold a public hearing to receive evidence on both sides and shall have the authority to decide whether or not a permit shall be issued

Certificate of Occupancy:
 After construction is completed but before the structure is used, a Certificate of Occupancy shall be issued.  (Approved:  March 10, 1998)

Issuing authority.  A Certificate of Occupancy may be issued by the Planning Board, the Building Inspector, or any person or town official designated by the Planning Board.

Application.  The application for a Certificate of Occupancy shall include signatures and license numbers of licensed tradesmen.  If licensed trade work was performed by the owner, then the owner shall so indicate and sign appropriately.

Additional documentation.  Any additional necessary documentation shall accompany the Application.  This includes, but is not limited to:  NH State Approval for Operation of a Septic System, and any documentation or engineering studies requested by the Planning Board when the Building Permit  was issued.

Timely process.  All applications for Certificates of Occupancy, once accepted and marked as complete by the Town’s designated employees shall be processed within ten business days or the application shall be considered as automatically approved.  (Amended:  March 11, 2003)

Inspection.  Normally, no inspection shall be required, providing the required documentation is provided.  However, inspection shall be required in the following situations:

The construction has been performed in an area designated as within the Floodplain and exceeding 50% of total size if adding to old construction or regardless of size if new.  Inspection shall be by a qualified inspector hired by the town and with fees paid by the property owner.

The construction involves a State-approved outhouse or alternative (not permitted by the State) septic system.  In such case, the inspector may be any Member of the Planning Board, Building Inspector, or person so designated by the Planning Board.  Inspection will ascertain that there is no running water in the building and the existence and State approval of the septic system.

The construction involves unusual circumstances which the Planning Board considers a threat to the health and safety of the current or future occupants.

Fees.  There shall be no fee for a Certificate of Occupancy unless Floodplain Inspection is required.  In that instance, the fee shall be cost or such fee as is listed in the schedule of fees.

Penalties.  Failure to obtain a Certificate of Occupancy shall render the property owner subject to penalties as noted in Article IX of this ordinance.

JUNKYARDS:
No land in the District shall be used for a dump, junkyard, or a place for refuse, waste or muck of any kind, nor for abandoned automobiles, carriages, or other vehicles, machinery or other tools or appliances, nor left excavated and abandoned, nor used in any manner which is disorderly, unsightly, noxious, or offensive to the public, or otherwise of such appearance and nature as to cause a substantial decrease in the property values in the immediate vicinity of same, without the approval in writing of the Planning Board, upon such conditions as they determine.  (Amended:  March 1987)

GENERAL PROVISIONS:
For the purpose of this Ordinance, the Town of Colebrook shall be two zoning districts.
The first shall be known as the Precinct.  
The second shall be known as Outlying.  
All regulations established by this Ordinance shall apply throughout the entire Town,
except as noted.

The following uses are permitted in the Town of Colebrook:
Residential Uses
Single and multi-family dwellings
Farm dwellings
Single-family manufactured housing
Accessory uses customarily incidental to the permitted use.

Group Facility Used
Church, parish house or other religious use.
Schools
Community center, hall, lodge, park or playground
Accessory uses customarily incidental to the permitted use.

Other Permitted Uses  (Amended:  March 1991)
Agricultural uses including dairy farming, greenhouses, animal and poultry husbandry,
horticultural and silvicultural uses, pasturage and fish hatcheries.
Public accommodations
Nursery schools and day care facilities.
Animal kennels.
Multi-family housing.
Restaurants.
Sawmills, chip mills and other wood product operations.
Retail establishments.
Funeral homes.
Manufacturing Operations.
Warehouses.
Commercial removal of gravel, loam, rocks, clay and sand in accordance with Colebrook
Town Regulations and RSA 155:E or such New Hampshire regulations as may be in effect.
Junkyards in accordance with RSA 236:111 – 129 or such New Hampshire Regulations as
may be in effect.

Indoor and outdoor recreation facilities.
Professional offices.
Hospitals and other medical facilities
Campgrounds which may be open to the public from May 1 through October 15.

Special Permit
All uses not permitted in sections A, B, C above shall be prohibited and shall not be
allowed unless by special exception.

Notwithstanding the above, conditions may be attached to the aforementioned by the
Colebrook Planning Board consistent with the health, safety and welfare of the Town’s
current and future residents.  (Amended:  March 1991)
All new uses or change of use shall be subject to Colebrook Site Plan Regulations

Landfills, incinerators, and any other uses related to waste disposal shall be deemed prohibited.  The Board of Selectmen shall be permitted to provide for waste disposal, for the municipal purposes of the town and other towns with whom they may contract, in designated landfill or waste disposal sites.  With the exception of the authority of the Selectmen, as above, waste disposal shall not be allowed by special exception.  (Amended:  March 1991)

9.  LOT SIZES:
The following lot sizes shall apply:
Precinct:  There shall be a 150 x 150 foot minimum lot size.
Outlying:  The minimum lot size shall be two (2) acres or greater if required by New Hampshire Water Supply and Pollution Control requirements.

 NON-CONFORMING USE:  (Amended:  March 1990)
Any non-conforming use may be expanded upon only if such an expansion does not
create a greater nuisance or detriment and the expanded use meets all other
requirements in this Ordinance.

A lot which does not conform to the area and frontage requirements of this Ordinance and which is recorded and taxed as a lot of record at the time of the passage of this Ordinance, may be used by conforming with the area requirements as closely as possible provided that the lot conforms with the New Hampshire Water Supply and Pollution Control standards.

SIGNS:  (Amended:  March 1987)
Measurement:  The measurement of a sign’s area shall be the area as measured by  the product of its total height and total width, and shall be considered to include all lettering or elements of a sign but not including any support framework or bracing which are incidental to the sign and which are not designed to attract attention.

The area of one (1) side of a double faced sign shall be regarded as the total area of the sign.

Exempt Signs:  The following are allowed without a permit:

Signs denoting the name and address of the occupants of the premises, which signs shall not exceed one and one-half (1.5) square feet in area.

Professional name plates that shall not exceed one and one-half (1.5) square feet in area.

Signs advertising the sale, lease, or rental of the premises upon which the sign is located, which sign shall not exceed six (6) square feet in area.

One sign not exceeding one hundred (100) square feet on a building or project under construction, repair or renovation identifying the contractor, architect and/or owner.

Window display signs.

Political signs, in accordance with State law.

Permitted Signs:  The following signs are permitted, but require a permit as provided herein:

Any sign advertising a commercial enterprise.

Any sign or notice necessary for direction, information, or safety of the public having an area of six (6) square feet or more.

Any sign placed flush with the front of and against the actual building.

Directional signs as defined in Article III shall be permitted in the quantity of one per each change of directions from the nearest New Hampshire Highway with the written permission of the landowner upon whose land the sign is installed.  (Amended March 10, 1992)

An application for a sign permit shall include site location, sign size, method of illustration, if any, and types and colors of materials to be used in construction.

Prohibited Signs:  It shall be unlawful to erect:

Any sign which is positioned such that street traffic would be endangered by obscuring a clear view or by confusion with official street signs and signals.

Any flashing signs or signs with visible moving parts of intermittent lighting to create the visual effect of movement.

Any free-standing sign which exceeds twenty (20) feet above the road grade of the entrance to the property.

Any sign two (2) feet above the roof ridge to which it is attached.

Any sign which is larger than thirty-six (36) square feet as measured by the product of its total width and total height.

Any sign which exceeds one (1) foot in depth.

Any neon sign which exceeds ten (10) square feet.

Any more than one sign per site that is not placed flush with the front of and against the actual building.

Any more than three off-premise signs per establishment except as allowed under Article IV, 11, C, 4. above (directional signs).  (Amended March 10, 1992)

Removal of Signs:

Any sign that pertains to an abandoned or former use or business later than six months after discontinuance of that use or business must be removed.

FENCES:
Any fence must be placed within the owner’s property boundaries.  If there is a notarized statement from the abutter that it is a shared boundary line fence, then the fence may be placed on the boundary line as determined by a survey map or other map acceptable to all parties.  Subject to the above restrictions, any fence less than four feet high does not need a permit.   (Amended:  March 2001)

ADMINISTRATION:
It shall be the duty of the Board of Selectmen or their designee to administer this
ordinance.

After passage of this Ordinances, it shall be unlawful to erect, enlarge or relocate any sign without first obtaining a permit from the Planning Board.  The permit application fee shall be as determined by the Colebrook Planning Board. (Amended March 10, 1992.)  Permits must be posted on site and be easily visible.

The Board of Selectmen or their designee, upon well-founded information of any violation, is hereby authorized to initiate immediate steps for enforcement of this ordinance by issuing due notice to stop and desist such violation and/or to be subject upon conviction to penalties up to the maximum allowed by state statue.  (Amended March 9, 1993)

For clarification of administrative duties and responsibilities, the Planning Board shall handle all matters including, but not limited to, fees, forms and hiring of needed assistance such as Attorneys and other needed advisors, as may be allowed by law.  (Amended:  March 1990)

The Planning Board shall be empowered to assess a late fee at the rate of two times the permit fee which shall be additional to the permit application fee, and any legal fees or costs incurred relative to the violation.  Once assessed no application shall be granted until said late fee and legal expenses are paid.  This section shall be in addition to and not exclusive of Article IX below. (Amended:  March 1991)

If the permit applicant is the Town of Colebrook or a department or subdivision thereof, and the Town of Colebrook would be responsible for paying the fee, the Colebrook Planning Board may waive such fee.  (Amended March 9, 1993)

BOARD OF APPEALS:
A five-person Board of Appeals and three alternates will be appointed by the        Selectmen as provided by State Statutes, who may upon application:

Review and decide on alleged error in administrative finding, or:
Review and decide on a special exception request, or:
Grant a variance to provide relief from hardship, provided that the proposed action is in conformance and does not constitute a nuisance or hazard in a neighborhood.

Appeals Procedure:

Appeals to the Board may be taken by any aggrieved person or by any officer, department, board or bureau of the Town of Colebrook affected by any decision of the Selectmen or their designated officer in the manner prescribed by RSA 674:34 and 675:5-7 within the time limit set by the Board of Appeals according to said statues.

Prior to a hearing, the costs of advertising, posting, and mailing notices of the hearing shall be paid by the person making the appeal.

AMENDMENTS:
This Ordinance may be amended in accordance with the provision of N.H. RSA 674
as it is or may be amended.

ARTICLE V
CLUSTER HOUSING REGULATIONS
(Amended:  March 2004)

PURPOSE
The Cluster Housing regulations are implemented for the purpose of allowing development with greater density than otherwise permitted while preserving the rural charm and environment of the area.  A Cluster Housing public hearing and permit shall replace the need for Site Plan hearings and permits.  Building permits shall still be required.  
               
REGULATION

Public Hearing and Permit Process.  The applicant shall follow the same advertised
public hearing, notification, and permitting process as is required for Site Plans.  

2.  Lot Size
A.  In Precinct:
 Lot size is a minimum of 45,500 square feet.
B.  Out of Precinct:  Lot size is a minimum of three (3) acres.

3.  Density
A.  In Precinct:  15,000 square feet per dwelling unit is required.  
B. Out of Precinct:  One (1 ) acre of per dwelling unit is required.

Project size.   To qualify under these regulations, a project must consist of three (3) or more dwelling units.  

5.  Buffer Zones
A. In Precinct:  A fifty (50) foot buffer zone must surround the dwelling units.
B. Out of Precinct:  A hundred (100) foot buffer zone must surround the dwelling units.

Open Space.  At least 20% of the total property shall be left in the form of
open space.  Land with a slope equal to or exceeding 25% will be considered at 25% of its acreage.  Wetlands, other than open water, will be considered at 25% of its acreage.

Further development.  Up to 25% of open space may be further developed
for non-motorized recreational use.  

Parking.  Three parking spaces will be provided per dwelling unit.  Two
spaces shall be reserved for the use of the tenant while one shall be provided, possibly in
a different area, for common use of tenant’s and/or their guests.
  
Trails.  Trails may be constructed through the property to connect with locally recognized trail systems.  The area of such trails may be constructed in buffer zones or open space.  

Phased development.  Where such projects are to be completed in phases,
the plan for same may be approved as a single master plan providing such phases do not  violate either the spirit or expressed intent of these    
regulations.   

Utilities.  Developer and/or property owner/association will be responsible for
construction and maintenance of all , water, sewer, and other such other utilities as may be required.  Water and sewer mainlines which connect to the Town of Colebrook Water and Sewer lines will meet Colebrook Town specifications and must have the written approval of the Town of Colebrook Public Works Department director.  Water and Sewer mains will become the property of the Town of Colebrook Public Works Department and will be maintained by them.  Connections off of these lines will remain the responsibility of the individual property owners.  

Roads.  Developer and/or property owner/association will be responsible for construction and maintenance of all roads.  Road standards will meet as a minimum, the Town of Colebrook standards for Class V roads and be further regulated as to length by Colebrook Planning Board Subdivision Regulations.The Planning Board may, if it considers necessary, impose further standards should such improvements be deemed necessary by the Public Works Department and/or the Town Road Agent.

ARTICLE VI
EFFECT NOT TO BE RETROACTIVE

All buildings and properties presently used and occupied or under actual construction as of the date of this Ordinance is passed may continue to be used and occupied indefinitely, even though their present use does not conform to the provisions of this Ordinance.

A non-conforming use, nonetheless, which becomes non-operative or vacant for a continuous period of one year, shall not thereafter be reoccupied except for a use conforming to the district in which it is located.

ARTICLE VII
ENFORCEMENT


The Planning Board shall consist of 5 members and three alternates.  One Selectmen shall
be designated a Planning Board member and the remaining 4 members shall be elected in accordance with RSA 669:17, 673:5-II or such State statutes as may apply.  The three alternate members shall be appointed pursuant to RSA 673:6-II as may be amended.  The Planning Board shall have all powers granted by law (including those powers formerly exercised by a Zoning Commission), together with such powers as are specifically granted by the within Ordinance as amended.  (Amended:  March 1990)

It shall be the duty of said Planning Board to issue any and all permits provided by this
Ordinance, upon application for such permits in manner and form to be prescribed by said Board, when such permit is in accordance with the provisions of this ordinance, and to hold meetings with sufficient frequency to provide for the issue of said permits or rulings upon application therefore, with reasonable promptness and, in no event later than thirty days after submission of such application.

It shall be the duty of the Board of Selectmen to enforce the provisions of this Ordinance; upon any well-founded information that this ordinance is being violated, the said Board of Selectmen shall, on its own initiative, take immediate steps to enforce the provision of this Ordinance by seeking an injunction against said violation or by other means.  (Amended March 1993)

ARTICLE VIII
BOARD OF ADJUSTMENT

Within thirty days after the adoption of this Ordinance and thereafter as terms expire or vacancies occur, the Board of Selectmen shall make appointments to the Board of Adjustment of five members conforming in duties to the provisions of New Hampshire RSA 674:33.  Thereafter as terms expire or vacancies occur, the appointing authority shall be responsible for filling vacancies and maintaining full membership on the Board of Adjustment.  The Board of Adjustment shall conform in membership and term of office to the provisions of New Hampshire RSA 673:33.   (Amended:  March 1987)

ARTICLE IX
AMENDMENTS

This Ordinance may be amended by majority vote of any legal town meeting when such amendment shall have been published in the warrant calling for such meeting.

ARTICLE X
PENALTY

Any person, firm, corporation, or other business entity or contractor violating any of the provisions of this ordinance shall be subject to a fine or penalty of not more than $100.00, for each day such violation may exist.  This shall not limit the right of the Board of Selectmen to enforce such State statutes and regulations as might apply to such violations (Amended: March 9, 1993)

ARTICLE XI
SAVING CLAUSE

The invalidity of any provision of this Ordinance shall not effect the validity of any other provision therefore.

ARTICLE XII
WHEN EFFECTIVE

This Ordinance shall take effect upon its passage.

Last Updated: Thursday, Apr 22, 2004

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