This online version of the Zoning Ordinance has not been comprehensively checked against the official version. Neither the Town of Wilton nor the Zoning Board can be responsible for the consequences of any action taken on the basis of any errors in the online text.
This PDF file is the official printable text of the Wilton Zoning Ordinance as prepared for the Town of Wilton. by the Nashua Regional Planning Commission It is also available on the Planning Board page at the official Town of Wilton web site under the “Current Land Use Laws and Regulations” link.
This is the 2001 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 2001, but not any amendments passed in 2002 or later.
22.0 Fines and Penalties
Any violation of Title LXIV: Planning and Zoning of the NH Planning and Land Use Regulation (RSA Chapters 672 to 677 inclusive), or any violation of the Town of Wilton ordinance, code or regulation adopted pursuant to this title may be punishable, as determined by the Board of Selectmen, by either:
a. a civil fine of not more than one-hundred ($100.00) dollars for each day that such violation is found by a court to continue after the conviction date or after the date on which the violator receives written notice from the municipality that he is in violation of any ordinance or regulation adopted under this title, whichever date is earlier; or
b. a criminal penalty, which shall be:
1. A misdemeanor if the violation is committed by a natural person; or
2. A felony if the violation is committed by any other person.
In any legal action brought by the Town of Wilton to enforce, by way of injunctive relief as provided by RSA 676:17 or otherwise, any ordinance, code or regulation adopted under this title by the Town, or to enforce any Planning Board or Zoning Board of Adjustment decision made pursuant to this title, or to seek the payment of any fine levied under Paragraph A., the municipality may recover its costs and reasonable attorney's fees actually expended in pursuing the legal action if it is found to be a prevailing party in the action. For the purposes of this paragraph, recoverable costs shall include all out-of-pocket expenses actually incurred, including but not limited to, inspection fees, expert fees and investigator expenses.
If any violation of a Town ordinance, code or regulation, or any violation of a Planning Board or Zoning Board of Adjustment decision, results in the expenditure of public funds by the Town which are not reimbursed, the court in its discretion may order, as an additional civil penalty, that a violator make restitution to the Town of Wilton for such funds so expended.
The superior court may, upon a petition filed by the Town and after notice and a preliminary hearing as in the case of pre-judgments under RSA 511-A, require an alleged violator to post a bond with the court to secure payment of any penalty or remedy or the performance of any injunctive relief which may be ordered or both. At the hearing, the burden shall be on the Town of Wilton to show that there is a strong likelihood that it will prevail on the merits, that the penalties or remedies sought are reasonably likely to be awarded by the court in an amount consistent with the bond sought, and that the bond represents the amount of the projected expenses of compliance with the injunctive relief sought.
21.0 Amendments