ARTICLE XVI


TAMMANY TRACE


EDITORIAL NOTE: The St. Tammany Police Jury acquired a 31+ mile section of the abandoned Illinois Gulf Railroad corridor in 1992 through a Federal Grant Purchase. The area has been dedicated to the public for recreational use and is identified and known as “Tammany Trace”. It is Louisiana's first Rails to Trails Conversion, and follows the 31+ mile section of the old Illinois Gulf Rail Corridor , connecting Covington, Abita Springs, Mandeville, Lacombe and Slidell. Out of concern for the safety and well-being of the general public and to insure that the area is maintained for the purpose intended, it is necessary to establish rules and regulations governing the use of Tammany Trace.

SEC.

16-131.00 Restrictions for Tammany Trace


    Prohibited.    It shall be unlawful for any person, group, or organization to be on or to use any portion of Tammany Trace that has not been officially opened to the public, unless express written permission has been obtained from the Parish. Violators will be subject to prosecution under state trespass laws and subject to all fines and/or imprisonment coincidental therewith.

    As areas are officially opened for public use, same will be posted accordingly.



    Exceptions.    Exempt herefrom are law enforcement officials, parish employees, agents, servants and representatives, and those individuals contracted with by the parish for professional services in connection with development and/or improvements to Tammany Trace. (Ord. No. 93-1706, adopted 03/18/93; amended by Ord. No. 94-2024, adopted 07/21/94)

SEC.

16-131.01 Tammany Trace Defined


    Tammany Trace is a 31 mile long by approximate 200 feet wide linear park located between Covington and Slidell, Louisiana, connecting Abita Springs, Mandeville, and Lacombe to the end points. Tammany Trace is composed of a main trail, a horse trail, and various other recreational and support facilities. (Ord. No. 94-2024, adopted 07/21/94)

SEC. 16-131.02 Rules and Regulations

    The following are the approved rules and regulations established in connection with Tammany Trace:
    General Rules:

    Hours of Operation: Daily from 7:00 a.m. to dark.

    Please stay on the appropriately marked trails. Pedestrians should stay on the west shoulder or to the right along each side of the trail. Slower traffic should stay to the right in each direction. Passing traffic should notify slower traffic that they are passing either by voice, horn, or bell.

    Obey all federal, state, and local traffic laws. Laws will be strictly enforced in accordance with fines associated with violations.

    Park only in designated areas. Unauthorized parking is subject to being towed and/or ticketed.

    No trespassing on private property.

    THE FOLLOWING IS PROHIBITED ON TAMMANY TRACE OR ITS FACILITIES:

    
.         Alcohol
     .         Camping
     .         Fires
     .         Carrying or discharging of firearms or fireworks
     .         Use of glass containers
     .         Hunting
     .         Littering
     .         Pets on main trail
     .         Racing
     .         Unauthorized solicitation
     .         Swimming, wading or diving
     .         Unauthorized structures

    Only authorized motorized vehicles are allowed on Tammany Trace.


    Do not disturb plant vegetation. Tammany Trace traverses an environmentally sensitive area of St. Tammany Parish.

    Handling of wildlife found on Tammany Trace is prohibited. Please contact Tammany Trace Ranger or appropriate parish authorities if there is a problem.

    Specific Trail Rules:

    Horses stay in assigned areas.

    A Coggins test is required for horses using Tammany Trace.

    Do not exceed 20 MPH speed limit.

    Horses must be kept at a walk in the area designated for horses on the main trail.

    Helmets, knee pads, elbow and wrist guards are required for roller bladers.

    Helmets are required for off-road biking (when such area has been constructed).

    Obey all traffic signs along the trail.

    Stay in designated areas only. Stay out of drainage ditches and other such structures not constructed for recreational purposes.

    When you see hazard signs and reflective markings on the main trail, these signs denote possible danger areas. Move as close to the center of the trail as traffic will allow.

    BRIDGE ETIQUETTE:    ROLLER BLADERS YIELD TO CYCLIST; CYCLIST YIELD TO JOGGERS; JOGGERS YIELD TO WALKERS; WALKERS YIELD TO HORSES

    Helmets for cyclists and horsemen are strongly recommended and encouraged. Ride at your own risk if no helmet is worn. St. Tammany Parish is not responsible for injuries resulting from lack of proper equipment, improperly maintained equipment, improperly used equipment, or improper or unsafe use of Tammany Trace facilities.

    CONSTRUCTION:

    Absolutely no one shall use areas designated either as “Under Construction” or signed as “No Trespassing”. These areas are unsafe and are not open to the general public. Further only authorized personnel are allowed to enter these areas.

    Tammany Trace is ADA accessible, and St. Tammany Parish encourages use of the Trail by all, regardless of race, creed, sex, ethnic origin or physical impairment.

    Commissioned St. Tammany Parish Trace RANGERS ARE EMPOWERED TO PATROL THE TRACE, WRITE, AND ISSUE CITATIONS TO OFFENDERS.
(Ord. No. 94-2024, adopted 07/21/94)

SEC.

16-131.03 Requirements for Tammany Trace Right of Way Access



A. Definitions:

    1.    Access, for the purposes hereof, shall mean any intrusion or use of the right-of-way;
    2.    Alternative, for the purposes hereof, shall mean any method of achieving a similar result of the project goal;
    3.    Facility, for the purposes hereof, shall mean any roadway, driveway, highway, structure, or utility;
    4.    Driveway, for the purposes hereof, shall mean a private roadway providing access to one single family residential structure;
    
    5.    Landlocked, for the purposes hereof, shall mean the inability to access a public road or other servitude of ingress or egress; and

    6.    St. Tammany Parish Planning Commission is an extension and creation of the St. Tammany Parish Police Jury. The said commission shall review the access request application, and may grant or deny said access request application.

B. Presumption of best use:

    The Tammany Trace corridor was acquired for its best and most necessary use and benefit as a transportation corridor and to preserve that corridor intact for future transportation uses. Therefore, those requesting access to/or within the Tammany Trace corridor shall bear the burden of proof relative to the need for such access. The Tammany Trace corridor presently is in interim use by the St. Tammany Parish Police Jury as a multiple use transportation and recreation linear corridor.

C. Incompatibility:

The St. Tammany Parish Police Jury shall deny any requests for access which, in its sole discretion, would adversely affect, or is incompatible to, the Tammany Trace corridor.

D. Minimum Requirements for Access:

    In general, access to/or within the Tammany Trace corridor will not be granted. Access may only be granted in special circumstances where all of the following minimum requirements are met:

    1.     It is proven that there is an absolute need for the facility and/or access;

    2.     It is established and proven that there is no other alternative to the access of the Tammany Trace for such facility and/or access;

    3.     It is proven that the facility does not interfere with the present or future use of the Tammany Trace corridor; and

    4.     It is proven that all possible planning has been carried out to minimize adverse and harmful effects to the Tammany Trace corridor which would result from such facility or access thereto.

E. Additional Requirements for Roadways:


    In addition to the above minimum requirements, requests for roadway crossings or intrusions may only be granted where all of the following additional requirements are met:

    1.    It is proven that the construction of a service road is not possible to avoid a roadway crossing or intrusion; and

    2.    The proposed roadway crossing or intrusion shall be a separated grade crossing allowing the Tammany Trace to remain at grade.

F. Exceptions:

    There shall be no exceptions to the minimum requirements for access. However, the following circumstances may be considered exceptions to the additional requirements for roadways:

    1.    Individual private driveways or farm crossings that access one single family residential structure.

    2.    A temporary at-grade crossing to allow access until a separated grade structure can be constructed. the granting of a temporary at-grade crossing shall be for a period not to exceed one year.

G. Request for Access:

    The access request application may be considered only after the requesting party completes and submits an application providing information which would allow the St. Tammany Parish Department of Development to determine the extent and impact of the access requested. The St. Tammany Parish Police Jury shall establish and may amend, from time to time, any standards, criteria, guidelines, procedures or forms for receiving, reviewing and acting on applications for access to/or within the Tammany Trace corridor.

The access request application shall include the following information:

    1.    Name and address of the applicant and responsible party;

    2.    A plat indicating the precise location of the requested access and the surrounding area;

    3.    A statement indicating the nature, purpose and need for the requested access;

    4.    A statement and plat indicating all other possible ingress and egress including, but not limited to, all roads and servitudes which allow, or may allow, alternatives to the access requested;

    5.    Approved and completed plans and specifications of the requested access; and

    6.    An acknowledgment and agreement holding harmless and indemnifying the governing authority, its agencies, servants and employees from any and all liability, of whatever nature or kind, which may arise in connection with the said requested access.


    The aforementioned application requirements shall be presented to the Planning Commission for its review and consideration. The Planning Commission shall make a formal recommendation to the Police Jury at the earliest practicable date regarding the application request. Should the Planning Commission recommend that application be granted, same shall be transmitted to the Secretary of the Police Jury to initiate the review thereof by the Police Jury. Should the Planning Commission deny the application, the same procedure shall apply. However, a vote of two-thirds shall be required to override the recommendation from said Planning Commission.

H. Public Notice:

    Public notice of access request applications shall conform to the public notice requirements in place for all matters considered by the Planning Commission.

I. Granted Access Requirement:

    In the event that the requested access is favorably recommended by the Planning Commission and approved by the Police Jury, the applicant shall then, prior to effecting access, enter into a written agreement which shall contain, but not be limited to, the following terms:

    1.    That the governing authority, its agencies, servants and employees shall be held harmless and indemnified as set forth above. If deemed necessary, the governing authority, at its option, may require a policy of insurance insuring the governing authority against such liability;

    2.    That the access shall be constructed in conformity with the plans and specifications submitted with the access request application;

    3.    That the applicant shall provide a warranty letter of credit, or other completion bond, satisfactory to the governing authority, assuring the timely and proper completion of any work or construction done to effect the said access;

    4.    That the applicant acknowledges that its access is granted subject to any and all rights, titles, interests, servitudes and/or easements which are held, or may be held, by any other entity, person, firm or corporation including, but not limited to, the United States Department of Transportation, the Louisiana Department of Transportation or the Federal Highway Administration. And further, that the applicant specifically waives any and all warranty of title and relieves and releases the governing authority, its agencies, servants and employees from any and all liability, of whatever nature or kind which may arise, or has arisen, in connection therewith;

    5.    That the applicant shall be responsible for and required to provide maintenance to the land and/or any structure or improvement, appertaining to the access, during the term of the said access;

    6.    That the applicant acknowledges and agrees that the governing authority shall not, in any fashion, be prohibited from establishing, conducting, operating or maintaining any activity, as may be deemed necessary by the governing authority, to be conducted within the Tammany Trace corridor including, but not limited to, usage beneath, over or across said granted access;



    7.    That the applicant shall not alter the granted access in any fashion without the prior written approval of the governing authority which may or may not be granted at the sole discretion of the said governing authority; and

    8.    That upon termination or expiration of the term of the access agreement, the applicant, at the sole option and discretion of the governing authority, may be required to remove any infrastructure or improvement appertaining to the access and further may be required, at the sole option and discretion of the governing authority, to return the site of the access to its original condition as it existed immediately prior to the granting of the said access.
(Ord. No. 97-2728, adopted 09/25/97)

SEC.

16-132.00 Tammany Trace Economic District


    Pursuant to the authority granted by LSA R.S. 47:4311 et seq., that the St. Tammany Parish Police Jury desires to designate the 31+ linear miles recreational trail between Covington and Slidell as TAMMANY TRACE ECONOMIC DEVELOPMENT DISTRICT in order to encourage preservation, expansion, restoration, improvement, and development of existing structures along Tammany Trace.

    The TAMMANY TRACE ECONOMIC DEVELOPMENT DISTRICT shall be comprised of the 31+ linear miles of property situated between Milepost 38.25 near Slidell and Milepost 67.39 near Covington, being the former Illinois Gulf Railroad Corridor, more fully delineated on the sketch designated as Exhibit “A”, on file at the St. Tammany Parish Police Jury Office located in Covington, Louisiana.

    St. Tammany Parish Police Jury requests that the Louisiana Department of Economic Development, Office of Commerce and Industry, and the Governor for the State of Louisiana approve the creation and establishment of the Tammany Trace Economic Development District. (Ord. No. 94-2129, adopted 12/15/94)

SECS. 16-132.01- 16-135.99 Reserved.