SEC. 51A-8.619. SCREENING WALLS.

   If the screening wall serves as a traffic barrier, it must meet the standards of Section 51A-8.618. (Ord. Nos. 20092; 23384)

SEC. 51A-8.620. RETAINING WALLS.

   All retaining walls located on private property along public rights-of-way or easements must be constructed of reinforced concrete or other materials determined to be sufficiently durable by the director. Retaining wall design must be approved by the director of public works to ensure site conditions are adequately addressed by the design. Engineer certification and building permits may be required by other applicable regulations. (Ord. Nos. 23384; 25047; 28073; 28424; 30239; 30654)

Division 51A-8.700. Administration.

SEC. 51A-8.701. NOTHING DEEMED SUBMITTED UNTIL FEES PAID.

   Whenever a requirement exists for the submission of plans and a fee exists for the processing of the plans, no submission is complete until all required fees have been paid. (Ord. Nos. 20092; 23384)

SEC. 51A-8.702. EARLY RELEASE OF BUILDING OR FOUNDATION PERMIT.

   (a)   Generally. No building or foundation permit may be issued before the completion and filing for record of a final plat except in accordance with this section. The recipient of an early release permit bears the entire risk that improvements may need to be modified or removed based on engineering plan review or final plat disapproval. No certificate of occupancy shall be issued until the final plat is properly filed for record as required by this article and state law, and all conditions of preliminary plat approval and all other applicable rules and regulations have been satisfied.

   (b)   Application. An application for an early release must be submitted to the building official. The building official shall review the application and determine whether an early release is appropriate. If the building official recommends the early release, a building or foundation permit may be issued. The application for early release must include:

      (1)   the number of copies required for circulation and review;

      (2)   a copy of the approved preliminary plat;

      (3)   the file number assigned to the plat application by the city;

      (4)   a copy of the action letter from the subdivision administrator outlining the conditions of preliminary plat approval;

      (5)   all requisites for building or foundation permit applications, whichever apply; and

      (6)   a site plan showing the following:

         (A)   Boundary lines of the property.

         (B)   Existing streets.

         (C)   Pavement widths and surface compositions for existing and proposed driveways, sidewalks, and areas intended for vehicular travel.

         (D)   Improvements existing on the property, and all proposed improvements.

         (E)   All dedications required by the preliminary plat.

   (c)   Fee. The fee for early release of a building or foundation permit is $300.

   (d)   Requirements for approval. No early release may be authorized until:

      (1)   clearance has been received from all affected departments;

      (2)   the commission or the subdivision administrator has approved a preliminary or final plat subject to conditions in accordance with this article.

      (3)   all submitted plans conform to all applicable city ordinances, requirements, and conditions of plat approval, and compliance can otherwise be enforced;

      (4)   all affected departments have determined the basic requirements necessary for final approval;

      (5)   the proposed building site has adequate all-weather access through public or private right-of-way;

      (6)   adequate storm drainage outfall exists to safely discharge on-site drainage of a one-percent annual chance flood;

      (7)   adequate assurance has been received that off-site easements necessary for infrastructure to serve the plat have been secured;

      (8)    the proposed site has adequate water facilities for emergency fire service;

      (9)   infrastructure plans for the proposed plat have been submitted to the department and are in general conformance with city standards;

      (10)   if required by the director, private development contracts and bonds have been submitted;

      (11)   the application complies with all applicable laws;

      (12)   the only requirement preventing the building or foundation permit from being issued is the completion and filing for record of the plat;

      (13)   the building or foundation permit clearly states that no certificate of occupancy will be issued for the property or, for residential applications, no final inspection will be made until all platting requirements have been met;

      (14)   the owner acknowledges in writing concurrence with the conditions under which the permit is issued; and

      (15)   the fee required by Subsection (c) is paid to the building official. (Ord. Nos. 20092; 21431; 23384; 25047; 26529; 28073; 31314; 31394)

SEC. 51A-8.703. CIRCUMVENTION OF REGULATIONS PROHIBITED.

   (a)   Recording of plat. All plats must be signed by the property owners and filed and recorded with the county clerk of the county in which the property is located in accordance with the requirements of state law. No person may file or cause to be filed for record with the county clerk a proposed plat before the final plat of the property has been endorsed by the commission chair or the subdivision administrator in accordance with this article.

   (b)   Building permit. No building permit may be issued for the construction of any building or structure located on a tract that was not created in accordance with this article, except that building permits may be issued for:

      (1)   remodeling or repair of existing structures on such a tract; and

      (2)   infrastructure construction.

   (c)   No public or private improvements. No construction of any public or private improvements may be commenced or continued except in conformity with this article.

   (d)   Certificates of occupancy. No certificate of occupancy may be issued and no final inspection for residential property may be made for property which was not developed in strict compliance with this article, or for property upon which all conditions of plat approval have not been met. The fact that a building permit was issued for the property does not excuse compliance with all regulations, and a certificate of occupancy may be denied if a building permit is issued in error. (Ord. Nos. 20092; 23384; 26529)

SEC. 51A-8.704. UTILITIES.

   Utility connections are not authorized until a final plat has been approved by the commission in accordance with this article and filed for record with the county clerk. (Ord. Nos. 20092; 23384)

SEC. 51A-8.705. TAXES.

   No final plat may be filed with the county clerk until all taxes assessed by the city against the property have been paid. (Ord. Nos. 20092; 23384; 26529)