§ 151.21 BUILDING PERMITS; REQUIRED; APPLICATION.
   (A)   (1)   It shall be unlawful to construct or alter any building or structure in the city, except fences, when the cost of such construction exceeds $1,000 or where the affect of such construction or alteration is to enlarge the capacity or affect the bearing walls of any building or the roof thereof, without first having secured a permit therefor. It is specifically provided that all mobile/modular homes shall require a permit for placement or replacement of the mobile/modular homes.
(1991 Code, § 4-42)
      (2)   Application for such permit shall be made to the Clerk, and shall be accompanied by plans and specifications in duplicate showing the work to be done; such plans shall be verified by the signature of either the owner of the premises or by the architect or contractor in charge of operations.
(1991 Code, § 4-43)
   (B)   (1)   No building permit issued by the City Clerk shall permit construction pursuant to its terms for a period of more than one year from its date of issuance.
      (2)   Construction which has not been completed, pursuant to a valid issued building permit, within one year of the date of issuance of the permit shall cease, until a permit extension is obtained.
      (3)   One permit extension of six months may be obtained from the City Clerk upon the payment of a fee equal to one-half of the original building permit fee.
      (4)   Buildings which are incomplete after the expiration of the extension period are hereby declared to be a nuisance and shall be subject to condemnation and removal by the city.
   (C)   (1)   The Mayor, and/or his or her assign, upon receiving an application for new construction, shall determine if a dumpster is required. If required, the Mayor shall require a dumpster for proper disposition of refuse as warranted.
      (2)   (a)   All permits for new construction shall include plans for surface water runoff. The Mayor, and/or his or her assign, shall approve all plans for surface water runoff.
         (b)   No person shall cause damage to city rights-of-way from the accumulation of surface water upon his or her property. The Mayor, and/or his or her assign, shall specify the type (masonry or metal) and size of all drainage tiles or pipes used for the removal of surface water upon the subject property. No person shall have the right to connect with any city right-of-way until compliance with this division (C).
      (3)   (a)   The City Clerk, upon confirmation that the improvements that are subject to the building permit have been erected and constructed within the perimeters of the Kentucky Building Code, the City Clerk shall issue a certificate of occupancy to the applicant of the building permit.
         (b)   Upon the event that a report is made that substantial improvements have been made to the property, but the improvements have not been completed, including drainage, then the City Clerk may issue a temporary certificate of occupancy upon the deposit.
         (c)   No person shall permit occupancy of any dwelling within the city limits until such time a certificate of occupancy is obtained from the City Clerk.
         (d)   Upon the issuance of a certificate of temporary occupancy, the applicant shall deposit with the City Clerk to be held in escrow the sum not less than $1,000 and not more than twice of the estimated costs of the remaining improvements, including drainage on the property as determined by the Building Inspector. Anyone aggrieved by the enforcement of this provision may petition in writing to the City Council for the issuance of the temporary certificate of occupancy.
   (D)   (1)   The City Clerk is hereby authorized to issue building permits for residential buildings in each section or phase of the subdivision as development proceeds in that section or phase. No building permits shall be issued for a particular section or phase until the following requirements and improvements have been completed to the satisfaction of the City Engineer:
         (a)   Drainage improvements constructed, including culverts, catch basins, storm sewers, ditches, retention basins and submittal of as-built drawings (paper copy and digital copy) by the developer’s engineer and approved by the City Engineer;
         (b)   Sanitary sewers constructed including sewers, manholes, property service connections, force mains and pumping stations and submittal of as-built drawings (paper copy and digital copy) by the developer’s engineer showing all appurtenances listed above and approved by the City Engineer. All testing of the sewers (mandrel test, air test, manhole vacuum test and pump station start up test) are to be completed and are to be witnessed by the City Engineer, or his or her agent, and approved by the City Engineer. Completion of the videoing of the sewer line by the city or a contractor hired by the city and payment by the developer for the videoing services in the amount of $1.25 per linear foot of sewer;
         (c)   Water mains constructed including lines, valves, appurtenances and testing. A letter of approval from the Louisville Water Company accepting the water lines of the entire subdivision or acceptance of the water lines within a particular section;
         (d)   Streets constructed including crushed stone base, curbs and gutters and bituminous base asphalt, but excluding bituminous surface pavement;
         (e)   Contract executed with gas and utility for construction of gas mains (if applicable) and a copy of that executed agreement submitted to the City Engineer; and
         (f)   All sewer capacity fees for the development or for a particular section of the development have been paid by the developer.
      (2)   The developer may elect to secure a performance bond with corporate surety or an irrevocable letter of credit approved by the City Engineer and the City Attorney in a sum twice the value of the estimated improvements to secure performance of divisions (D)(1) through (D)(5) above and below in lieu of actual construction. The surety bond or letter of credit shall not be released until total completion of the improvements as outlined in divisions (D)(1) through (D)(5) above and below.
      (3)   Building permits for model homes may be issued prior to completion of the above improvements; provided that, the developer agrees not to sell the model home prior to completion of the above improvements; and, provided that, the city has approved all engineering for the section of phase of the subdivision. Model home permits will be issued for no more than 10% of the units proposed for each section or phase or a minimum of one building for condominiums.
      (4)   The developer must secure a performance bond with corporate surety or an irrevocable letter of credit approved by the City Engineer and the City Attorney in a sum twice the value of the estimated construction to secure completion of the street bituminous surface pavement and street lights prior to the completion of 50% of the residential units or within 18 months of issuance of first building permit (excluding model permits). Otherwise, the city will cease issuing building permits.
      (5)   Sidewalks are to be completed after the construction of each home within the subdivision. It will be the developer’s responsibility to ensure that the sidewalks are constructed after the construction of each home and subsequent building permits within that development will not be issued if sidewalks are not completed after construction of the home and in accordance with city standards.
(Ord. 982-86, passed 3-22-1982; Ord. 996-386, passed 9-23-1996; Ord. 004-630, passed 6-14-2004; Ord. 006-714, passed 12-11-2006)