Ordinances

TOWN OF STARK NH

PERMISSIBLE FIREWORKS ORDINANCE 

15 May 2024

The Town of Stark adopts NH TITLE XII PUBLIC SAFETY AND WELFARE Chapter 160-C  PERMISSIBLE FIREWORKS for the sale of fireworks in the Town of Stark.

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TOWN OF STARK NH

HEAVY HAULING ORDINANCE 

15 May 2024

Purpose of this ordinance is to regulate heavy hauling over town highways and bridges. Pursuant to the authority conferred by New Hampshire RSA Chapter 41:11, in order to promote the general welfare of the citizens of the Town of Stark, the following ordinance is hereby updated:

1) It shall be unlawful for any person, partnership or corporation to haul, transport or cause to be transported by vehicle with gross weight over posted limits on roads and bridges in the Town of Stark. 

2) This restriction shall not apply to emergency vehicles.

3) Whoever fails to comply with the provisions of this ordinance shall be guilty of a violation and subject to a fine of five hundred dollars ($500) for a first offense or one thousand dollars ($1000) for a second offense.

TOWN OF STARK NH

OFF HIGHWAY RECREATIONAL VEHICLE ORDINANCE (OHRV)

13 August 2024

Purpose:

1) To allow the following Town roads to be utilized by registered OHRV’s to access the

New Hampshire OHRV trail system: Northside Road, Percy Road, Bell Hill Road,

Leighton Meadow Road, Plain Road and Paris Road,

2) To allow use of the following roads by Town of Stark tax payers and their family or

guests using registered OHRV’s to access the New Hampshire OHRV trail system:

Moose Pond Dr, Stone Dr, Cloutier Dr, Molly Brook Dr, High Acres Dr, Emerson

Road, Nash Stream Rd Lee Hill Road, Sullivan Road, Woodbury Cole Road and

Dewey Hill Road.

3) To allow registered OHRV use of Recycle Road by persons authorized to use the

Stark Transfer station for the purpose of dropping off trash at the transfer station.

4) This Ordinance does not apply to Trail Bikes. Trail Bikes are not authorized on the

Town of Stark roadways.

This privilege is extended with the following restrictions:

a) Drivers must follow all OHRV rules set forth by the State of New Hampshire

b) This access will be open from the Thursday before Memorial Day thru 1/2

hour after sunset 31 October.

c) Hours of operation will be 1/2 hour before sunrise until 1/2 hour after sunset.

d) Speed limit on all roads will be 20 MPH.

e) Violation of this Ordinance may result in tax payer loss of privileges and/or a

fine of $75.00 per violation.

f) The Select Board may amend any portion of this ordinance for any reason

deemed necessary by the Town of Stark.

TOWN OF STARK NH

LOCAL HEALTH ORDINANCE FOR MANAGEMENT OF SOLID WASTE 

15 May 2024

Pursuant to RSA 147:1 the Town of Stark adopts the New Hampshire Code of Administrative Rules, CHAPTER Env-Sw 100  SOLID WASTE PROGRAM: PURPOSE, APPLICABILITY, AND DEFINITIONS.  Adoption of these rules is as a health ordinance and enforcement of the rules shall be in conjunction with the New Hampshire Department of Environmental Services.

TOWN OF STARK NH

SNOWMOBILE ORDINANCE

15 May 2024

Purpose: 

1. To allow the following Town roads to be used for access to the New Hampshire Snowmobile trail system from the nearest trail access.  Northside Road, Percy Road, Bell Hill Road, Leighton Meadow Road, Plain Road, Paris Road, Moose Pond Dr, Stone Dr, Cloutier Dr, Molly Brook Dr, High Acres Dr, Emerson Road, Nash Stream Rd Lee Hill Road, Sullivan Road, Woodbury Cole Road and Dewey Hill Road.

1. Persons using the roads must stay to the far right side of the road and ride in a single file.

3)    Speed limit on all roads is 10 MPH.

4)    Access will begin on December 1 and end when the NH State Trails are closed in each applicable year.

5)   These privileges may be revoked at any time by a majority vote of the Select Board.  The Select Board may amend any portion of this ordinance for any reason deemed necessary by the Town of Stark.

TOWN OF STARK NH

STREET NUMBERING ORDINANCE 

15 May 2024

PURPOSE: 

To establish a uniform system of numbering all primary buildings in order to: 

1) Promote efficiency in locating primary buildings.  

2) Provide more expedient emergency response. 

4) Provide a consistent system for mailing addresses. 

PRIMARY BUILDINGS DEFINED 

1) Residential Property: all buildings used as dwellings. Other structures (such as garages barns or sheds) do not apply. 

2) Business Properties: the building from which the business is principally conducted or administered. 

NUMBERING REQUIREMENTS 

1) The size of the displayed number shall be no less than three inches (3″) high by two and one-half inches (2.5°) wide.

2) The color of the displayed number shall contrast clearly with the background on which it is displayed.

3) For primary buildings readily visible from the street, the assigned street number shall be conspicuously displayed on the side of the building facing that street. 

4) For primary buildings not readily visible from the street, the assigned street number shall be conspicuously displayed on a sign post at the point of entry to the property and visible from both directions.   

5) Distance from the ground surface to the bottom of the number shall be four feet. 

6) The displayed number shall be clearly visible on a year round basis.

7) Display of numbers on any structure other than a town-assigned street number shall be a violation of this Ordinance.

The Town of Stark is not responsible for any issues arising from non-compliance of this ordinance including but not limited to: emergency vehicles being unable to respond.

Town of Stark NH

Recycling Ordinance

15 May 2024

Purpose: Pursuant to RSA 31: 39; RSA149-M this ordinance will; establish mandatory recycling in the

town of Stark NH, establish the rules and regulations for the separation of specific material from the

solid waste stream for the purpose of recycling, promulgate rules and regulations for the disposal of

said specific materials and prescribe penalties for the violation thereof.

Intent: The separation and removal of certain designated materials for the purpose of recycling will serve

the public interest by reducing solid waste. Will protect the health and safety of the town of Stark

residents, and conserve our material resources.

Section 1 – Definitions.

1. “Paper stock” The term paper stock recycling materials as used herein shall be deemed to include;

newspapers, high grade paper, mixed paper and corrugated cardboard. Newspapers include paper of

any type commonly referred to as newsprint and distributed at stated intervals usually daily or

weekly. Having printed thereon news and opinions, and containing advertisements and other matters of

public interest. Expressly excluded however, are all magazines or other periodicals, as well as all

other paper products of any nature whatsoever that have a glossy look and feel. High grade paper

includes office paper, copy paper, computer printout paper, bond paper and typing paper. Mixed

paper includes any combination of newspaper, high grade paper, junk mail, and advertisement.

Corrugated cardboard includes cardboard containers used primarily for the packaging, boxing and or

transporting of products of any type.

2. “Glass” The term glass as used herein shall include all bottles and jars, ceramic and light bulbs.

Excluded are fluorescent light bulbs, which need to be disposed of by a transfer station Employee.

3. “Aluminum cans” The term aluminum cans as used herein shall be deemed to include only those

containers made entirely of aluminum and used solely for the packaging of beverages and food.

4. “Metal cans”. The term metal cans as used herein shall be deemed to include all cans other than

aluminum, consisting entirely of steel, tin, or bimetal, and used in the storage of food and

beverages.5. “Plastic”. The term plastics as used herein shall be deemed to include all forms of soft and or hard

plastics used for containers.

6. “Solid waste”. The term solid waste as used herein shall be deemed to include all garbage or

rubbish that is selected for disposal and includes but not limited too; metal, scrap metal, white

goods. (Stoves, refrigerators, washers, dryers, and sinks). Magazines or other periodicals and all

non-recyclable waste streams. Hazardous waste or medical waste containers are specifically

excluded.

7. “Recyclable Materials” The term recyclable materials as used herein shall be deemed to include

all materials designated by the municipality to be source separated from the solid waste stream for

the purpose of recycling, and includes paper stock, glass, plastic, aluminum cans and metal cans.

Hazardous waste or medical waste containers are specifically excluded.

8. “Co- mingled” recyclable materials. The term Co-mingled recyclable materials as used herein

shall be deemed to include materials which are separated into separate containers consisting of the

paper stock recycling materials.

9. “Public or private institutions” The term public or private institutions as used herein shall be

deemed to include all municipal and state government facilities, all regulations, education and

healthcare facilities, and any all public and or private civic organizations.

10.“Commercial and industrial establishments”The term commercial and industrial

establishments as used herein shall be deemed to include all public or private establishments

including but not limited to; manufacturing, retailing, service establishments professional and or

corporate entities. Food establishments for the purpose of consumption on or off premises as well

as food distribution and or processing.

11.“Recycling”. The term recycling as used herein shall be deemed to mean the process by which

designated materials which would otherwise become solid waste are separated, collected, processed

and returned to the economic mainstream in the form of raw materials or products.

12.“Stark Recycling Center” The term stark recycling center as used herein shall be deemed to

mean the area within the town of Stark whose location and use is permitted by the state of New

Hampshire Department of Environmental Services.

13.“Commercial solid waste Hauler” The term commercial solid waste hauler as used herein

shall be deemed to mean any private company who specifically is in the business of picking up,hauling and delivering recyclable materials from any source within the town of Stark to the town of

Stark Recycling Center.

14.“Solid waste stream” The term solid waste stream as used herein shall be deemed to mean the

flow of material generated within the town of Stark that would normally be disposed at the town of

Stark transfer station. This material includes but is not limited to; newspaper, high grade paper,

mixed paper, corrugated cardboard, glass, aluminum cans, metal cans. Plastics and other municipal

solid waste.

Section 2. Requirement for mandatory recycling.

Article 1. There is hereby established a mandatory program for the source separation of

recyclable materials from the solid waste stream in the Town of Stark.

Article 2. All residents, all public or private institutions, and all commercial and industrial

establishments within the Town of Stark shall separate recyclable material from the solid waste

stream they generate and deliver, or cause to be delivered to the Stark recycling center.

Article 3. It shall be a violation of this ordinance for any resident, public or private

institution, commercial and industrial establishment, or any commercial solid waste hauler

not permitted by the municipality to pick up or cause to be picked up said recyclable

materials as defined herein. Each such collection in violation hereof shall constitute a

separate and distinct offense punishable as hereinafter provided.

Section 3. Requirements for Handling recyclable materials.

Article 1. Paper stock recycling materials.

Newspaper and magazines shall go in a separate bin. Office paper shall go in a

separate bin. Boxboard shall be kept separate from cardboard.

Article 2. Co-mingled recyclable materials.

Glass used for the storage of food and or beverages shall be reasonably clean of all

residues and shall have all caps removed. Plastics #1 and #2 shall be reasonably

clean of all residues and shall have all caps removed and placed in their storage bin.

Section 4. Permitting access.

Article 1. It shall be the responsibility of any resident public or private institution,

commercial or industrial establishment or any commercial solid waste hauler who uses the

Town of Stark Recycling Center to obtain a valid permit from the town office.

Section 5. Enforcement.

Article 1. All enforcement issues shall be brought to the board of Selectman and at their discretion

to enforce.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to

be unconstitutional or invalid. Such decision shall not affect the remaining portion of this

ordinance. All ordinances, or parts of ordinances inconsistent with this Ordinance are hereby

repealed to the extent of such inconsistencies. This ordinance will take effect on May 15, 2024.

TOWN OF STARK, NH

FLOODPLAIN DEVELOPMENT ORDINANCE

18 SEPTEMBER 2024

This ordinance adopted pursuant to the authority of RSA 674:16, shall be known as the Town of Stark Floodplain Development Ordinance. The regulations in this ordinance shall apply to all lands designated as special flood hazard areas by the Federal Emergency Management Agency (FEMA) on its “Flood Insurance Rate Maps” (FIRM) dated February 20, 2013, which are declared to be part of this ordinance and are hereby incorporated by reference.

Item I:   Definition of Terms

The following definitions shall apply only to the Floodplain Development Ordinance and shall not be affected by the provisions of any other ordinance of the Town of Stark, NH.

“Area of Special Flood Hazzard” is the land in the floodplain within the Town of Stark, NH subject to a one percent or greater possibility of flooding in any given year. The area is designated as Zone A on the Flood Insurance Rate Map (FIRM).

“Base Flood” means the flood having a one percent possibility of being equaled or exceeded in any given year.

“Basement” means any area of a building having its floor subgrade on all sides.

“Building” means structure.

“Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structure, mining, dredging, filling, grading, paving, excavation, or drilling operation.

“FEMA” means the Federal Emergency Management Agency.

“Flood or Flooding” means a general and temporary condition of partial or compete inundation of normally dry land area from:

1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.

“Flood Insurance Rate Map” (FIRM) means an official map incorporated with this ordinance, on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the Town of Stark, NH.

“Floodplain” or “Flood prone area” means any land area susceptible to being inundated by water from any source (see definition of “flooding”).

“Flood Proofing” means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures and their contents.

“Functional dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking and port facilities that are necessary for the loading/unloading of cargo or passengers, and ship building/repair facilities but does not include long term storage or related manufacturing facilities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic Structure” means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
   1. By an approved state program as determined by the Secretary of the Interior.
   1. Directly by the Secretary of the Interior in states without approved programs.

“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of this ordinance.

“Manufactured Home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” includes park trailer, travel trailer, and other similar vehicles placed on a site for greater than 180 days.

“Mean Sea Level” means the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“100-yer Flood” means “base flood”.

“Recreational Vehicle” means a vehicle which is:

1. Built on a single chassis
2. 400 square feet or less when measured at the largest horizontal projection
3. Designed to be self-propelled or permanently towable by a light duty truck
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

“Regulatory Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation.

“Special Flood Hazard Area” means an area having flood, mudslide, and/or flood-related erosion hazards.

“Structure” means, for floodplain purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above grans, as well as a manufactured home.

“Start of Construction”, if applicable, includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include the installation of streets and/or walkways; nor does it include exaction for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or part of the main structure.

“Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement” means any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should equal: (1) the appraised value prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of land preparation, such as clearing, grading and filling; nor does it include the structure prior to the damage occurring. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

“Water Surface Elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains.

Item II: Construction Requirements: Buildings

The Board of Selectmen shall review all building permit applications

TOWN OF STARK NH

LOCAL HEALTH ORDINANCE FOR MANAGEMENT OF SOLID WASTE

15 May 2024

Pursuant to RSA 147:1 the Town of Stark adopts the New Hampshire Code of Administrative Rules, CHAPTER Env-Sw 100 SOLID WASTE PROGRAM: PURPOSE, APPLICABILITY, AND

DEFINITIONS. Adoption of these rules is as a health ordinance and enforcement of the rules shall be in conjunction with the New Hampshire Department of Environmental Services.