Exeter Municipal Code Ch. 18.12 Guidelines for Compliance

"Project," as used in this chapter, includes but shall not be limited to the following: Public work projects and private projects, including construction, electrical and plumbing work, leases of city property, variances and changes of zones.

(Ord. 290 §1, 1972)

The projects referred to in this chapter shall not include repair, maintenance, or minor alteration of existing structures; the construction of single-family structures in residential zones; or construction of any structures within a project area which is included in a project area which has been the subject of a favorable environmental impact finding; nor do the projects apply to minor zoning variances.

(Ord. 290 §5, 1972)

A. The city council shall, by ordinance or resolution, adopt a form of statement for assessment of environmental impact, which requires all significant information regarding any proposed project which shall be prepared and signed by the owner of the property involved (but the city may permit the statement to be prepared or signed by a representative of the owner.) The city through its representative may require information in addition to that set forth in the statement.

B. No application for a permit shall be considered until the statement has been prepared and signed.

(Ord. 290 §§2, 3, 1972)

The city shall, by resolution, adopt and prepare forms entitled environmental impact finding, which shall be signed by the city's representative indicating whether the findings are favorable or unfavorable. No permit or license shall be issued unless the findings are favorable.

(Ord. 290 §4, 1972)

The city council shall by resolution revise its fee schedule to include additional administration costs, including, but not limited to consideration of the statement for assessment of environmental impact, the issuance of environmental impact finding, (whether favorable or unfavorable) and costs of posting or publishing notices, if the same appear to be necessary or advisable. Such fees shall be paid in advance. If the charges made appear to be inadequate during the services of the city or at the completion of the services, an additional charge shall be made and no environmental impact finding shall be made until such additional charges are paid. Any unpaid charges shall be a debt of the owner of the property in favor of the city.

(Ord. 290 §6, 1972)

The city council shall determine what person or persons shall represent the city in considering applications for permits and statements for assessment of environmental impact, the making of findings, and any and all other services pertaining to the matter. The city council may at any time change its determination in this respect by appointing a different person or different persons to perform the services or to assist the person or persons already appointed.

(Ord. 290 §7, 1972)

A. The city council may, if it sees fit, publish once in a newspaper of general circulation in the city a notice that the city plans in a permit matter to grant a permit without requiring the filing of a statement for assessment of environmental impact, and announce a public hearing on the matter at a designated meeting of the city council.

B. In all cases where the city council deems it wise, it shall withhold final action on an application until it has published once in a newspaper of general circulation in the city a notice describing the matter and announcing a public hearing on the matter at a designated meeting of the city council.

(Ord. 290 §§8, 9, 1972)

If the person or persons or the city council make a determination adverse to the applicant, the applicant may, within thirty days, serve upon the city clerk or city manager a notice of appeal which shall set forth the determination which is appealed, and which shall enumerate in detail the reasons for the appeal. The city council shall, as soon as convenient, set the matter for hearing before the city council and publish once in a newspaper of general circulation a notice regarding the appeal, and a time and place for hearing of the appeal. The notice of appeal, when filed, shall be accompanied by the payment of an appeal fee in an amount to be determined by the city council to cover costs and expenses of the city in connection with the appeal, including the publication of the notice regarding the appeal and hearing. The decision of the city council in appeal shall be final and not subject to a further appeal or petition for a rehearing.

(Ord. 290 §10, 1972)

No one shall perform or start to perform a project until or unless he has received from the city a permit to do so. Any person, association, or corporation which violates any provision of this chapter thereby commits a misdemeanor and shall be subject to punishment by imprisonment for not more than thirty days, or the payment of a fine not exceeding one hundred dollars, or by both such imprisonment and fine. If such person, association or corporation violates any provision of this chapter, the city shall have the right to condemn any project either started or completed, and may remove, change, or raze the construction for which no permit had been granted. If a person is granted a permit to construct a project and constructs or starts to construct the project without complying with all provisions of his permit or in such a manner that the permit could have been denied, he is also guilty of a misdemeanor with the same consequences as set forth in this section in the case of a person who constructs a project without a permit.

(Ord. 290 §11, 1972)