A. Permit Required:
1. Any retaining wall four feet (4') in height or greater shall require a building permit.
2. No building permit is required for landscape walls less than four feet (4') in height, but such walls are subject to the requirements stated in this section.
3. No building permit is required for terraced retaining walls consisting of separate walls measuring less than four feet (4') in height and set apart by at least two feet (2').
B. Application Requirements And Site Inspections:
1. All retaining wall applications shall include an elevation sketch, drainage details, and an official letter and/or plans approved by a licensed engineer.
2. All retaining wall permit applications shall include a certificate of survey and/or site plan, drawn to scale, showing/labeling the following:
a. Property address and/or legal description.
b. Fronting street(s) and street names.
c. Property lines and property line dimensions.
d. Proposed retaining wall material/type.
e. Proposed location of the retaining wall and distance from property lines.
f. Existing objects and/or structures located near the proposed retaining wall.
3. Before a site inspection is conducted by the designated city official, the following items shall be located on site and clearly marked with paint, flags, stakes, and/or laths:
a. Property corners. If a certificate of survey is not submitted, a licensed surveyor shall officially mark/expose the property corners/boundary lines and provide the city with written verification of that survey. Any property markers/monuments found missing or substandard shall be reset by a licensed surveyor.
b. Boundary lines.
c. Proposed retaining wall location.
C. Setbacks:
1. All private retaining walls and landscape walls abutting up to or running parallel with a nearby property line shall be set back at least two feet (2') from said property line to allow for adequate access and maintenance. Exception: Any retaining wall extending over or up to a property line shall be approved by the city and designed to be structurally independent.
2. All private retaining walls and landscape walls shall be set back away from the edge of any public roadway, trail, or sidewalk to allow for adequate room for access and maintenance.
3. Private retaining walls and landscape walls adjacent to wetlands shall be set back in accordance with all applicable city, state, and federal wetland buffer regulations as amended from time to time.
D. Drainage, Utilities, Wetlands, And Easements:
1. Rights Of Way And Easements:
a. Private retaining walls shall not extend into any public rights of way, easements, or onto public property except by means of an encroachment agreement approved by the city. The approval or denial of such an agreement shall be solely within the city's discretion. Said encroachment agreement shall also be recorded with the county recorder's office. Further, the city or any utility company having authority to use the rights of way or easements, shall not be liable for repair or replacement of landscape/retaining walls in the event that they are moved, damaged, or destroyed by virtue of the lawful use of the easement.
b. Any landscape or retaining wall placed in a drainage easement shall not adversely affect drainage or create debris buildup.
c. All landscape or retaining wall applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.
2. Drainage: All retaining walls shall be accompanied with an appropriate drainage system to adequately relieve water pressure behind the wall and provide for proper drainage.
E. General Requirements:
1. State Building Code Compliance: All retaining walls shall comply with the regulations stated in the state building code as amended from time to time.
2. Retaining Wall Barriers: A permanent barrier shall be required at the top of retaining walls if the height of the drop off is greater than thirty inches (30") and the top edge of the drop off is located within five feet (5') of a public sidewalk or trail.
3. Maintenance: Landscape and retaining wall owners are responsible for keeping their walls in a condition of good repair and appearance and not in a condition of disrepair, danger, or in a state that constitutes a public or private nuisance. Any landscape or retaining wall shall be considered a public nuisance, if it does not comply with the following:
a. All landscape/retaining walls shall comply with associated regulations relating to nuisance and blight stated in this code.
b. All landscape/retaining walls shall be constructed firmly in place and not in a stage of bowing or collapse.
c. All landscape/retaining walls shall be maintained in sound and good repair and free from loose boards/blocks/boulders, breaks, or gaps not otherwise intended in the original design of the wall. The wall shall be free from any defects or condition which makes the wall hazardous.
d. All wooden landscape/retaining walls shall be made of treated or decay resistant wood.
e. No landscape/retaining walls shall have a failing drainage system. (Ord. 76, 8-25-2011)