MapLink™ | Procedures | Enforcement

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A. This chapter shall be enforced by the enforcing officer, who shall be the Building Commissioner, who shall grant no permit for the construction, alteration, relocation, occupancy or use of any building, structure or premises in violation of any provisions of this chapter. No municipal officer shall grant any permit or license for the use of buildings, structures or land, which use would be in violation of any provision of this chapter. Whenever any permit or license is refused because of some provision of this chapter, the reason therefor shall be clearly stated in writing and a copy delivered in person or by registered mail to the applicant. No building shall be constructed, altered or relocated without a building permit, and no structure or land shall be occupied or used without an occupancy permit.

B. Every applicant for a permit for any construction, alteration or use of any building or land for which a permit is required by law shall, upon request of the Building Commissioner, file such written information, plans, specifications or other such data as shall be deemed necessary for the full and accurate exposition of the proposed construction, alteration or use. Such data shall be kept on file in the office of the Building Commissioner.

C. Site plan review and approval.
(1) Purpose and applicability. For purposes of assuring protection of the public safety, convenience, health and welfare, the achievement of objectives and compliance with requirements of this Zoning Chapter, site plan review and approval shall be required as provided for under Chapter 270, Building and Site Development, as amended, of the Code of the City of Marlborough.

(2) Procedure and requirements. The procedures and requirements for site plan review and approval, including but not limited to application, submission, review, approval and enforcement of site plan review and approval, shall be as provided in Chapter 270, Building and Site Development, as amended.

D. The enforcing officer shall institute appropriate legal proceedings to enforce the provisions of this chapter or to restrain by injunction any violation thereof, or both, and shall do all further acts, revoke the permit for occupancy, institute and take any and all such action as may be necessary to enforce the provisions of this chapter.

E. If the Building Commissioner is requesting, in writing, to enforce a provision or provisions of this chapter against any person allegedly in violation of the same and such officer declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within 14 days of receipt of such request.

F. Construction or operations under a building or special permit shall conform to any subsequent amendment of this chapter, unless the use or construction authorized by the permit is commenced within a period of not more than 12 months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.