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(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
(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)
Whenever a requirement exists for approval by an official body, a city official, or a city employee, or for an agreement, concurrence, or acknowledgement from an applicant, the approval, agreement, concurrence, or acknowledgement must be expressed in written form. (Ord. Nos. 20092; 23384)
(a) The commission or the subdivision administrator shall refuse permission to plat property in the escarpment zone or in the geologically similar area, as defined in the escarpment regulations of this chapter, unless the director has first issued an escarpment permit for the development proposed.
(b) When property in the escarpment zone or in the geologically similar area is platted:
(1) the escarpment zone or the geologically similar area must be shown on the plat; and
(2) the plat must provide any dedications necessary for maintenance, drainage, or compliance with Division 51A-5.200, “Escarpment Regulations”; and
(3) the property owner is encouraged, but not required, to dedicate the escarpment zone or geologically similar area to the city as park. (Ord. Nos. 20092; 23384; 25047; 26000; 26529; 28073)