ARTICLE I


IN GENERAL

SEC.

7-001.00 Flooding Roads


        It shall be unlawful for any owner or user of water from artesian wells or other artificial sources of water supply to allow said water to flow or drain into any ditch along a parish road, highway or other public right-of-way without receiving approval from St. Tammany Parish Police Jury and without obtaining a permit from the State of Louisiana, Department of Transportation and Development, Office of Water Resources. It shall be unlawful for any owner or user of water from artesian wells or other artificial sources of water supply to allow said water to flow or drain into any ditch along any public road, highway or public right of way so that such ditch overflows onto a public road or highway. (Ord. No. 180, Bk. 3, P. 195, adopted 01/21/54; amended by Ord. No. 93-1699, adopted 02/18/93)

SEC.

7-002.00 Use Of Fill Materials Prohibited


A. ADVERSE DRAINAGE IMPACT: It shall be prohibited to place fill or construct improvements on any parcel of property so as to cause adverse drainage impacts on any adjacent parcel.

B. NET FILL: For purposes of this ordinance, “net fill” is defined as the placement of any fill material that results in any increase in the surface elevation of property from its natural or pre-development state. Excavation of existing soil and its replacement with fill is permissible, at the site where a proposed structure is to be built, and at the site of a proposed driveway, provided there is no increase in the surface elevation of the land from its natural or pre- development state. Following the adoption of this ordinance, any increase in the surface elevation of the land from its natural or pre-development state is strictly prohibited in the following areas:

    (1) “Net fill” shall not be permitted on:

        (a) Any undeveloped lot or parcel of property within unincorporated St. Tammany Parish that has any part of its boundary located adjacent to, contiguous to, or which encompasses all or any part of a natural or manmade drainage way that is designated by the Department of Engineering on its natural and manmade drainage way list, except with the express written consent of said department. Said drainage way shall extend outward from the center line to the one hundred (100) year storm event bench mark.

        (b) Any lot or parcel of property, or any part thereof, located within any “critical drainage area” as delineated by the Department of Engineering on the Department's most current Critical Drainage Area Map. (A copy of the current map is on file in the Parish Council office.)

    (2) Should the Department of Engineering determine that the placement of fill is authorized, the procedures, guidelines and provisions of Subdivision Regulatory Ordinance 499, Section 40-037.04 and 40-037.05 shall apply.

C. EXEMPTION: This section shall not apply to subdivisions or developments with an approved drainage plan and hydrological study. However, should the Department of Engineering determine, on the basis of current conditions, that the use of fill would have an adverse impact on drainage in or around a subdivision or development with an approved

drainage plan, the Parish shall have the authority to apply this ordinance to ensure the health, welfare and safety of the public.

D. PROCEDURES AND REQUIREMENTS: Whenever application is made for a building permit to build on property identified in paragraph B of this Section, the following procedures and requirements, in addition to any others, shall be applicable:

        (1) The applicant shall submit to the Department of Engineering an official survey of the property that sets forth all of the information required by the Department of Engineering in the Department's “Existing and Proposed Grade Elevations Form,” including the surface elevation of the property in its natural or pre-development state.

        (2) Whenever a concrete slab or any other structural foundation of a permanent nature is to be constructed, the applicant or builder shall certify, after excavation of the site of the foundation and prior to pouring any concrete, or installing any permanent foundation, that the foundation is ready to be installed and that no “net fill” exists at the site of the foundation. The foundation shall not be poured or installed prior to certification and inspection.

        (3) Prior to the issuance of the certificate of occupancy, the applicant or builder shall submit an official survey which confirms that no “net fill” exists on the property, otherwise a certificate of occupancy shall not be issued.

E. CONFLICTS: In the event of a conflict with any other ordinance or regulation, the more restrictive ordinance or regulation, governing the placement and the amount of fill, shall apply. Furthermore, in any event, there must be an application and approved drainage plan.

F. PENALTIES: A violation of this Section shall constitute a misdemeanor punishable by a fine of not less than ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED ($500.00) DOLLARS, or by imprisonment for not more than thirty (30) days, or both such fines and imprisonment. Each day that a violation continues shall constitute a separate offense. In lieu of, or in addition to, the issuance of a misdemeanor summons, violations of the provisions of this chapter may be enforced by imposition of civil penalties and injunctive relief in accordance with the following: Each day that the violation remains shall constitute a separate offense and a civil penalty of not less than ONE HUNDRED ($100.00) DOLLARS nor more than FIVE HUNDRED ($500.00) DOLLARS per day shall be imposed. In addition to penalties provided by the Code, any violation hereof shall also be subject to an action for abatement and removal of any offending fill work and/or ground surface alteration. Further, whenever the Department of Engineering has approved any application or drainage plan that contains materially false or erroneous information, the applicant shall be responsible for all costs and expenses associated with the correction of said application and plan, and the correction of any adverse consequences resulting therefrom, including the fees of an engineering consultant to review and revise said plan.

G. UNLAWFUL: It shall be unlawful for any owner, contractor, builder or subdivider to use, employ or apply fill in and/or on any lot situated within a subdivision located in the unincorporated limits of the Parish wherein subsurface drainage is installed unless this material is contained within the perimeter of the lot in an adequate manner to prevent run-off of the sand, fill, clay or mixture thereof onto sidewalks, streets or into culverts or onto the property of abutting property owners. (Ord. No. 80-21, adopted 08/21/80, amended by Ord. No. 04-0862, adopted 04/01/2004, amended by Ord. No. 04-0886, adopted 05/06/2004)


SEC.

7-002.01 Fill Materials Prohibited Within 200 Feet of Drainage Waterway


     The St. Tammany Police Jury provides for the requirement that any development, including a residence located within 200 feet from the middle of a drainage waterway in Ward 8, excluding Police Jury District 6, as further specified must utilize pilings, piers or other similar methods to elevate the structure to the appropriate base flood elevation height as determined by FEMA instead of the use of fill.

A.     No fill should be allowed within 200 feet which is not a part of the building envelope or driveway.
B .     Fill not to exceed an average of 18 inches may be allowed to level the building envelope.
C .     Piers or similar methods allowing the sheet flow of water under the structure should be utilized to meet the required flood zone elevation.

The specified drainage ways are as follows:

    1.     W-15 Canal
    2 .     Gum Bayou
    3.     W-14 Canal
    4 .     Reine Canal
    5 .     Eddines Canal
    6 .     Poor Boy Canal
    7 .     Exemptions areas or projects from the above specified drainage ways.
        
        A .     Excluding 1000 feet on the north side and 1000 feet on the south side of Gause Boulevard - W-15 Canal.
        B .     Excluding the FEMA Hazard Mitigation Grant Program - Daney Street Project - W- 14 Canal.
        C .     Any other authorized St. Tammany Parish Police Jury drainage project.

Waiver Provision

        The Department of Engineering may waive the requirements of this ordinance for a project of development, when the waiver is based on a drainage plan prepared by a licensed engineer, specific location of the project and the existing development patterns in the area or minor elevation differences between the natural ground and base flood elevation. This waiver should be based upon the report indicating that the fill will not produce a significant impact in comparison to meeting the intent of this ordinance. The engineering department does have the authority not to issue a waiver regardless of the independent study which indicates that there may not be significant impact.

(Ord. No. 96-2494, adopted 09/18/96)