Proposed Amendment No. 2 - Section 300 General Provisions

Amendment No. 2

Section 300

Reasons for the proposed changes
First, the purpose of these proposed changes is to use the words “Transfer Station” instead of “Town Dump.”

Second, proposed changes make it clear that a state approved designed, installed, and inspected septic system is required for all dwellings.

Finally, the proposed amendment will make clear that if a Notice of Violation or Cease and Desist Order has been issued, it must be resolved before any additional permits are issued for that property. This will assist in keeping the focus on resolving problems before new projects are started.

300.00    GENERAL PROVISIONS

301.00    No junk yard or place for the storage of discarded machinery, vehicles, glass, paper, cordage, garbage, refuse, or other waste or discarded materials shall be maintained in the Town, exclusive of the area known as the Town Dump Transfer Station.

302.00    No owner or occupant of the land shall permit fire or other ruins to be left, but shall remove same to ground level within one year.

303.00    Sanitary Protection

303.01    No waste waters or sewage shall be permitted to run free into a public water body or be discharged in any way that may be offensive or detrimental to health.

303.02     All dwellings and sanitary systems should shall be constructed and maintained in accordance with this Ordinance, the Land Use Laws and all applicable laws including, without limitation, RSA 485-A “Water Pollution and Waste Disposal;” The New Hampshire Code of Administrative Rules Env-Wq 1000 “Subdivisions: Individual Sewage Disposal Systems” and in addition, standards set and enforced by the New Hampshire Water Supply and Pollution Control Commission.

304.00     Within the Regulatory Floodway, any development or encroachment (including fill) which would result in any increase in flood levels during the base flood discharge is prohibited.

305.00     No subsurface storage of petroleum or related products (including gasoline) and the subsurface transmission of petroleum or related products through pipelines shall be allowed within Town, with the following exceptions: 1) Propane or liquefied natural gas; 2) Storage tanks not in excess of 1,100 gallons. Storage tanks in excess of 1,100 gallons must comply with the New Hampshire Water Supply and Pollution Control Division’s Code of Administrative Rules Part Ws 411, Control of Nonresidential Underground Storage and Handling of Oil and Petroleum Liquids.

306.00     For the purpose of this part, "development" is defined to mean "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations."

307.00     Building Permits – The State of New Hampshire Building Code pursuant to RSA 155-A including adopted Appendix Chapters and amendments, shall govern and regulate the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of all dwelling units and all commercial and industrial buildings in the Town of Brookline, said Codes also provide for the issuance of permits and collection of fees. Accessory Buildings of 100 square feet or less shall not require a building permit but shall be required to meet all setback requirements.

308.00     When a Notice of Violation or a Cease and Desist Order has been, or is to be issued, on a property, no new permits or occupancy certificates will be issued until the Notice of Violation or Cease and Desist Order has been resolved and rescinded in writing.