ORDINANCE CALENDAR NO. 2746 ORDINANCE COUNCIL SERIES NO. 04-
COUNCIL SPONSOR BRISTER/PRESIDENT PROVIDED BY: PLANNING
INTRODUCED BY MR. STEFANCIK SECONDED BY MR. IMPASTATO
ON THE 15TH DAY OF JANUARY 2004
AN ORDINANCE TO AMEND THE ST. TAMMANY PARISH CODE OF ORDINANCES CREATING SECTION 40-045.0 MINOR SUBDIVISION REVIEW, AND SUBSECTION 40-045.01 MINIMUM CONSTRUCTION STANDARDS FOR A PRIVATE DRIVE, OF SUBDIVISION REGULATORY ORDINANCE NO. 499, TO PROVIDE FOR ADMINISTRATIVE REVIEW OF SOME SUBDIVISIONS OF PROPERTY; AND TO PROVIDE FOR REPEAL, SEVERABILITY AND DATE OF ENACTMENT
WHEREAS, the approval of such minor reviews on an administrative basis is in the best interest of the citizens of St. Tammany Parish;
THE PARISH OF ST. TAMMANY HEREBY ORDAINS that a new section, Section 40-045.0
Minor Subdivision Review and Subsection 40-045.01 Minimum Construction Standards for a
Private Drive of St. Tammany Parish Subdivision Regulatory Ordinance No. 499 be hereby created as
Add a new SECTION 40-045.0 - MINOR SUBDIVISION REVIEW, as follows
1. Minor subdivision approval may be granted as an administrative approval when the following
criteria are met:
a a. The subdivision will result in the creation of five or less lots; however, no more than two lots may be accessed with a private drive.
b b. The subdivision will not result in any new public streets.
c c. All lots created are in accordance with the zoning requirements of Ord. No. 523.
d d. The proposal is in compliance with Section 40.036 Sanitary Provisions, Ordinance 499.
e e. The proposal is in compliance with Section 40.037 Drainage, Ordinance No. 499.
f f. Any private
street drive that services more than one lot or parcel for the purposes of
this ordinance must be constructed to the minimum construction standards of an aggregate
as permitted by St. Tammany Parish. as set forth within Subsection 40-045.01 Minimum
Construction Standards for a Private Drive.
2. Submission requirements - The following information must be presented to the Department of Planning for a minor subdivision review to be considered.
a a. Submit a signed letter from the owner or owners of property involved within the resubdivision request, stating their reasons for the proposal.
b b. Submit
five (5) ten (10) blue or black line prints of a bona fide survey on either (8"x11"),
(8 ½"x14") or (11"x17") paper, indicating the following:
1 1. The proposed resubdivision of the lots indicating: the total square footage of all of the property involved within the resubdivision request, individual square footage of each new lot created, and the Section, Township and Range,
2 2. Surveyor's live stamp or seal on
at least one (1) all of the survey plats,
3 3. The accurate location of all buildings and or structures on the lots.
4 4. Information on the survey indicating the name of the subdivision, phase, lot number, section, township and range, and any other data pertinent and germane to the resubdivision request.
5 5. Spaces for the signatures of the
Secretary of the Planning Commission, Parish
Engineer, Clerk of Court and spaces for the date and map file number.
6 6. A copy of the subdivision restrictions or covenants of the subdivision, if
ORDINANCE CALENDAR NO. 2746 ORDINANCE P.C. SERIES NO.
PAGE 2 0F 3
any, including a maintenance agreement if a private
road drive is to be
7 7. The fees for a minor subdivision request are based on $90.00 per acre (pro-rata after the first acre) up to a maximum of $800.00. The fees are based on the total land area (all properties where lot lines will be adjusted) to be subdivided.
An additional and separate fee shall be required for the recordation of the survey plat as per the fee schedule of the Clerk of Court.
3 3. Procedure
a a. Notwithstanding the provisions of Section 40-030.03 - Zoning Compliance, minor subdivisions may be reviewed and approved within the R- Rural or SA- Suburban Agricultural zoning districts.
b b. The Director of Planning shall review and approve the minor resubdivision application for administrative compliance within fourteen (14) days after submission.
c c. Upon granting approval of the application, the applicant must then coordinate with the Department of Engineering by providing plans for the construction of the private drive and drainage improvements.
d d. Once all construction has been completed and approved by the Department of Engineering, the minor subdivision plat will be recorded within seven (7) days after the approval and copies of the recorded plats shall be forwarded to the applicants engineer or surveyor, unless instructed by the petitioner/owner in written form to do otherwise.
e e. The Director may not grant waivers for any applicable regulations; therefore, if a request is denied by the Director of Planning, or a waiver of an applicable regulation is requested, the applicant may appeal said request to the Planning Commission in accordance with Section 40-100.0 Waiver of Regulations of Ordinance No. 499.
A resubdivision of property shall be exempt from the minor subdivision review process if an original tract of land is being resubdivided into only two parcels, with one parcel having direct access to a public road or street and the other a private drive.
Sec. 40-045.01 Minimum Construction Standards for a Private Drive
With the exception of a private drive accessing one lot or parcel, the following minimum
construction standards shall apply:
a.a a. an owner(s) who creates a private drive to access more than one (1) lot or parcel, but no more than two (2), shall dedicate through title, deed and or covenant, a perpetual servitude of access with a minimum width of thirty-five (35') feet
a.b b. the actual driving surface shall be a minimum of twenty (20') feet in width with two (2') foot shoulders on each side of the drive and five and a half (5 1/2') feet on each side of the shoulder devoted to ditching/drainage and or utilities
a.c c. the drive shall be constructed with suitable compacted subbase materials and overlaid with an aggregate material (i.e. shell, gravel, limestone, three-course treatment, asphalt, concrete, etc...) that is acceptable to the Department of Engineering
a.d d. a ditch or ditches shall be constructed on either one or both sides of a drive in accordance to standard practices adopted by the Department of Engineering in order to provide adequate drainage
2 2. Plans for the construction of the private drive and drainage must be submitted to the Department of Engineering for review and approval prior to the initiation of work.
SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity
shall not affect other provisions herein which can be given effect without the invalid provision and to this
end the provisions of this Ordinance are hereby declared to be severable.
EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.
MOVED FOR ADOPTION BY: , SECONDED BY:
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN
THIS ORDINANCE WAS DECLARED DULY ADOPTED AT A REGULAR MEETING OF
THE PARISH COUNCIL ON THE DAY OF , 2004; AND BECOMES
ORDINANCE COUNCIL SERIES NO. 04- .
PATRICIA BRISTER, COUNCIL CHAIRMAN
DIANE HUESCHEN, COUNCIL CLERK
KEVIN DAVIS, PARISH PRESIDENT
Published introduction: November 26 , 2003
Published adoption: , 2004
Delivered to Parish President: , 2004 @
Returned to Council Clerk: , 2004 @