ARTICLE I


IN GENERAL


STATE REFERENCE: LSA R.S. Title 33, Parishes Generally

SEC.

2-001.00 Saturday To Be Holiday


    All Saturdays shall be legal holidays and all Wednesdays shall be full working days except when a legal holiday falls on Wednesday. (Ord. No. 251, Bk. 4, P. 292)

STATE REFERENCE: LSA R.S. 1:55.

SEC.

2-002.00 Working Of Prisoners


    a)    Any prisoner serving a sentence in the Parish Jail who is willing to perform manual labor upon any of the public roads, streets, public buildings, public grounds, public works or public improvements, shall be placed in charge of the Sheriff in order to perform whatever form of labor upon any of the above named projects as may be determined by the Police Jury.

    b)    Any prisoner or prisoners that are worked outside of the prison as herein set forth shall be under the control and in charge of the Sheriff, who shall be responsible for discipline and working conditions.

     c)    Any prisoners who perform labor as herein set forth, shall be given credit on their respective sentences as provided by the Judge who sentenced them to jail. (Ord. No. 152, Bk. 2, P. 553)

SEC.

2-002.01 Reimbursement - Medical, Psychiatric, Dental Expenses by Inmates/Prisoners


    1)    In compliance with and under the authority of LSA-R.S. 15:705 and other applicable laws, an inmate's commissary or drawing account shall be debited for said inmates's medical, psychiatric or dental expenses, and prescription and over the counter medication expenses at the time the expenses are incurred or as soon thereafter as the inmate's commissary or drawing account has sufficient assets for reimbursement for medical, psychiatric and dental expenses, and prescription and over the counter medication expenses, and the St. Tammany Parish Police Jury shall be reimbursed for its expenditures from such funds.

    
2)    Except as provided for in Section 3 below, reimbursements for medical, psychiatric and dental expenses, and prescription and over the counter medication expenses shall be made prior to any other withdrawal from an inmate's commissary or drawing account.

    3)    This section shall not prohibit the withdrawal of funds for the purpose of payments under the Crime Withdrawal Reparations Act, court costs as authorized by law, and other withdrawals specifically authorized by the Sheriff, in that order.

    
4)    Written rules and regulations shall provide for the collection of medical, psychiatric and dental expenses, and prescription and over the counter medication expenses and for freezing assets in an inmates's commissary or drawing account, as well as other matters consistent herewith. The commissary or drawing account may be frozen regardless of the source of the assets contained therein.



    5)      The medical, psychiatric and dental service and prescription and over the counter medication reimbursements shall be conditioned upon the following:

        A.    Inmates shall be informed of the reimbursements at the time a request for medical, psychiatric or dental services or prescription and over the counter medication is made; and

        B.    No inmate shall be refused medical, psychiatric or dental treatment or prescription or over the counter medication for lack of funds.

    6)    The amount of reimbursement for sick call visits and prescriptions shall be the actual cost for the particular expense incurred or according to the following:

        A.    $10.00 per sick call visit for medical services
        B.    $10.00 per sick call for psychiatric or dental services
        C.    $5.00 per prescription

    7)    Any inmate who is discharged or transferred to another facility shall remain liable for any reimbursement authorized by this section.

    8)    If at any time an inmate's commissary or drawing account does not have sufficient funds to reimburse the costs of medical, psychiatric or dental service expenses or prescription or over the counter medication expenses, the account shall carry a negative balance until such time as funds are deposited into that account. The account shall be frozen regardless of the source of the assets therein, and the inmate shall withdraw no amounts therefrom until all costs are paid. When funds become available, the medical, psychiatric and dental service and prescription and over the counter medication reimbursement shall be immediately deducted from the account.

    9)    If an inmate is discharged with a negative balance in the commissary or drawing account due to unpaid medical or dental expenses or prescription or over the counter medication expenses and that inmate is subsequently returned to any St. Tammany Parish correctional facility, the unpaid balance shall immediately be collected from the new commissary or drawing account established upon entry to the correctional facility in accordance with the provisions outlined herein.

    10)    Any inmate who is covered by a private medical, psychiatric, dental, or health care insurer or any public medical, psychiatric or dental assistance program, shall file a claim for payment or reimbursement of any medical, psychiatric or dental services or prescription or over the counter medication provided while inmate is in any St. Tammany Parish correctional facility.

    11)    The Sheriff shall retain 25% of all funds reimbursed to the St. Tammany Parish Police Jury hereunder as costs for the administration of these procedures.

    12)    For purposes of this section, the following are defined:

            “Inmate” shall mean any person confined to a parish correctional facility, but shall not include inmates sentenced to the Department of Public Safety and Corrections who are in the custody of the Sheriff.

            “Sheriff” shall mean the Sheriff of St. Tammany Parish.

            “Commissary or Drawing Account” shall mean any account under the control of the correctional facility from which an inmate may withdraw funds.

    13)    If any provision of this Ordinance shall be held invalid, such invalidity shall not affect any other provision 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.
    (Ord. No. 96-2535, adopted 11/21/96)

STATE REFERENCE: LSA R.S. 15:705 authorizes the parish to obtain payment for medical expenses from inmates.

SEC. 2-002.02 Parish Prison - Trespassing

    No person shall remain on the grounds of the St. Tammany Parish Prison, and shall be deemed as trespassing, after being instructed to leave said property by any law enforcement officer or any other official prison personnel.

    This section shall not apply to any law enforcement officer nor to any individual who is transacting lawful prison, or judicial system, business.

    Any person found to be in violation of this section shall be subject to a fine of not more than one hundred dollars ($100.00) and/or imprisonment for a period of not more than ten (10) days.
(Ord. No. 02-0573, adopted 11/07/2002)

SEC.

2-003.00 Voluntary Work Release Program


    The purpose and intent of this section shall be to authorize the Sheriff of St. Tammany Parish to establish a voluntary work release program for parish inmates sentenced to parish time sentences.(Ord. No. 03-0704, adopted 07/10/2003)

    1)     The Sheriff shall establish written rules and regulations for the implementation and administration of the work release program consistent with the provisions of Louisiana Revised Statute 15:711 and shall determine those inmates who may participate in the release program. The Sheriff shall submit the program to the Judges of the 22nd Judicial District Court for approval.

    2)     Any inmate sentenced to participate in a court-approved workday release program shall pay a fee to defray the cost of participation in the program. Any fee shall be established within the program and approved by the court.

    3)     Every inmate with work release privileges shall be liable for personal and living expenses, including the cost of his room, board, clothing and other necessary expenses incident to his employment or placement while not confined in jail.
    
    4)     The wages of any inmate so employed shall be collected by the Sheriff or by his designated agent, and the Sheriff shall keep a ledger showing the financial status of each inmate on the program.

    5)     The wages of any such inmate shall be disbursed by the Sheriff pursuant to the court- approved program for the purposes established in the program, including restitution to victims of crimes committed by the inmates.

    6)     The wages of an inmate so employed shall not be less than the customary wages for an employee performing similar services.



    7)     Notwithstanding the provisions of this ordinance, or state law to the contrary, any inmate who has been convicted and sentenced as an inmate assigned to the Louisiana Department of Corrections, shall be prohibited from participation in this parish's work release program.

    8)     No inmate employed in the work release program shall be employed in a position which would necessitate his departure from the parish.

    9)     The work, labor or job to be performed by an inmate shall not be determined by the governing authority of St. Tammany Parish.

SEC.

2-004.00 Parish Transit Authority Created


    There is hereby created the St. Tammany Parish Transit Authority consisting of three (3) members appointed by the Police Jury of the Parish. (Ord. No. 1126, adopted 03/13/80)

SEC.

2-005.00 Parish Journal


    The selection of the official Parish journal of St. Tammany Parish shall be made at the regular meeting of the Council in July 1980, for a term to end on December 31, 1981; that same is so extended to coincide with the present fiscal year of the Parish.

    Therefore, commencing with the regular Council meeting in December 1981, the official parish journal will be selected for 1982, and shall be so selected by the Police Jury in December of each succeeding year for the following calendar (fiscal) year. (Ord. No. 80-07, adopted 07/10/80)

EDITORIAL NOTE: "Council" remains in this Ordinance for historical accuracy.

SEC.

2-006.00 Fee For Delinquent Special Assessment Payments


    A.     Amount of fee:    The Department of Administration is authorized to charge special assessment property owners a delinquent fee. This fee shall be at a rate of one percent per month (1%), not to exceed five percent per annum (5% per yr.), on the sum total of principal and interest due for the billing period. The penalty fee shall be calculated starting thirty days (30) after the due date on the invoice.

    B.     Due date of special assessment payment. Unless otherwise stated in the special assessment ordinance, the Department of Administration will establish the due date as thirty calendar days (30) prior to the payment date of the bond issue. The invoices shall be sent to the property owners forty-five calendar days (45) prior to the invoice due date.

    C.     Notification of Police Jury of properties delinquent more than two years. The Department of Administration shall notify the Police Jury of special assessment properties that are delinquent more than two years (2 yrs.). The Police Jury will then determine the action to be taken. (Ord. No. 81-197, adopted 05/21/81)

SEC.

2-007.00 Purchasing Procedures


    St. Tammany Parish shall follow the purchasing procedures in accordance with Louisiana R.S. 38:2101, et seq. (Public Contracts) and this section.



    The Director of Finance, purchasing supervisor and purchasing technician(s) have the authority to issue, amend, administer and/or terminate purchase orders on behalf of St. Tammany Parish upon receipt of a properly authorized requisition or written notice of cancellation from a parish department. The Director of Finance will ensure that requisitions meeting the following criteria are reviewed and approved as indicated prior to initiating any contract action.

    A.    Materials, supplies and equipment:

            The Parish President shall review and approve requisitions that meet state law requirement for "advertisement for bids", not to exceed $20,000.00. Those exceeding $20,000.00 must be approved by the Parish Council, unless specifically identified in the Capital Outlay Budget adopted by the Council. (Ord. No. 03-0764, adopted 10/02/2003)

    B.    Contracts for Professional Services:

        1. Establishment of Professional Service List:

            a.     Each June, the Purchasing Department will advertise for the submission of Request for Qualifications from all interested Professional Service vendors.

            b.    Upon receipt, the Purchasing Department will separate the vendors into specific categories, prepare the official “Professional Service List” and shall make the list available to all parish departments.

            c.     Additional vendors may submit their qualifications during the year, at which time the Purchasing Department will revise the Professional Service List and distribute to all departments.

2. Selection of Vendor for Professional Service Contract

            a.     The Director of the awarding department shall identify the project and verify that same is an approved expense under the current year Operating and Capital Budgets (if applicable).

            b.     The Director of the awarding department shall select three (3) vendors from the Professional List, based upon the qualifications needed for the specific project, who in his/her opinion would be best suited to perform the tasks required.

            c.     The Director of the awarding department, through the Purchasing Department, shall issue a Request for Proposals to each of the three (3) vendors for the specific project.

            d.    Upon receipt and review of the RFP's, the Director shall present his/her recommendation for the award of the Professional Service Contract to the CAO.

            e.     The CAO shall provide the Council Administrator with a copy of the recommendation upon which the Council Administrator shall notify the appropriate Council Member(s) and advise the CAO of any issues of concern.


            f.     The CAO will then issue a contract and purchase order.
            
    C.    Real Property:

            Purchase of land and buildings must be approved by the Parish Council.

    D.    Public Works Contracts:

            Defined as the erection, construction, alteration, improvement or repair of
            any public facility or immovable property owned, used or leased by the Parish
            must be approved as indicated:

            1.    Public Works projects (excluding roads and bridges) up to $100,000.00 shall be approved by the Parish President. Projects exceeding this amount must be approved by the Parish Council unless specifically identified inthe Capital Outlay Budget adopted by the Council.

            2. Public Works roads and bridges improvements (excluding minor repair)
             must be on the current Capital Improvement List as approved by the
             Parish Council.
    
    E.     Notice of Contract Approval

        Upon approval of any Professional Services or Public Works Contract as authorized by this Section, written notice of the contract and its approval shall be provided to the Parish Council Office.

    Dividing or "splitting" purchase requirements in order to circumvent the monetary limitations imposed by state law and this section is strictly prohibited. The Director of Finance shall monitor and challenge such request and report any violations to the Parish President for appropriate action.

    The act of an employee who orders and/or accepts supplies and services prior to the submission of an approved requisition and in advance of a purchase order being issued is deemed as an "unauthorized commitment". Such a commitment is not legal and does not obligate the Parish to pay for the supplies or services rendered. A personal liability may be levied against the individual making the unauthorized commitment. The Parish President has the authority to ratify unauthorized commitments which do not require Council approval, however, they will not be routinely approved. A review shall be implemented prior to determining the appropriate action.

    The Parish President will appoint Department Heads and/or individuals having the authority to review, approve, or submit requisitions for supplies, materials and services in writing and assign monetary limitations of approval as appropriate. Those appointees will ensure that there is a valid requirement and that sufficient funding within their budget is available for requisitions that are submitted. Unfunded requirements must be approved in accordance with budgeting procedures within the Code of Ordinances.

    The Parish President may implement internal controls, purchasing procedures, and amplify this section as deemed necessary to prevent fraud, waste, and abuse of public funds.

(Ord. No. 81-265, adopted 09/22/81; amended by Ord. No. 97-2706, adopted 07/25/97;

amended by Ord. No. 98-2929, adopted 8/20/98, amended by Ord. No. 03-0627, adopted 03/06/2003)

SEC.

2-007.01 Sale of Adjudicated Property


    1.     Definition

        For the purposes of this section, adjudicated property shall be defined as property that has been procured through legal process that warrants the right of the parish governing authority to seek property for non-payment of property taxes or for any other reason relevant to lien, debts or donation as prescribed by statutory law.
    
    
2.     Sale of Adjudicated Property After Expiration of Redemption Period

        The Office of the Parish President may, after the expiration of period fixed by law or redemption of adjudicated property, sell the property in the manner specified within this section. (Ord. 01-0315, adopted 04/03/2001)

    3.     Advertising Sale of Adjudicated Property After Expiration of Redemption Period

        A.    At least one hundred twenty (120) days prior to the post-adjudication sale, the political subdivision shall cause notice to be given to the owner, the mortgagee, and any other person who may have a vested or contingent interest in the property, or who has filed a request for notice as provided in Subsection B hereof, as specifically identified in the mortgage records, conveyance records, probate and civil suit records of the parish in which the property is placed. No further notification shall be required upon any person acquiring a vested or contingent interest subsequent to the recordation of the notice provided herein in the conveyance records of the parish in which the property is located.

        B.    Any person desiring to be notified in the event specific immovable property will be subject to a post-adjudication sale may file a request for the notice provided in Subsection A in the mortgage records of the parish where the immovable property is located.

        Whenever the parish desires to sell any adjudicated property, the sale shall be made only after advertisement in the official journal of the parish once a week for the four consecutive weeks. Said advertisement shall be paid by the parish desiring to sell the property and shall display the terms and conditions of the proposal submission process and subsequent sale of the property.

        The sale shall be made no sooner than thirty (30) days after the date of the publication of the first notice. The advertisement shall constitute complete notice to all persons in any manner interested in the property.

        The only other public notice required shall be the placement of a sign(s) that shall be posted on or in the vicinity of the property to be auctioned, describing the proposed auction, and the deadlines associated with the terms and conditions of the auction. Said sign(s) shall be posted in the manner specified herein at least thirty (30) days prior to the auction.

    4.     Appraisement and Legal Research of Property Required:


        The parish shall be responsible for having any adjudicated property solicited for sale, appraised by a competent and certified agent based on the fair market value of said property. In addition, the parish shall also conduct appropriate legal research to determine the extent, if any, of any taxes, charges, liens, assessments or any other forms of indebtedness on the property offered for sale.

    5.     Minimum acceptable bid; adjudication to tax debtor or his representatives on payment of taxes and assessments

        A.    The property shall be adjudicated to the last and highest bidder for cash, payable in current money of the United States, at the time of the adjudication. The governing body of the parish or municipality may appoint a committee of recognized and qualified realtors to appraise and value the property, subject to the final approval of the governing body. If the governing body elects to have the property appraised, no bid shall be accepted which is less than two-thirds of the appraised value. If no appraisal is requested by the governing body, then no bid shall be accepted or sale made for a lessor amount than the total amount for which the property was adjudicated, including all interest, costs, penalties and subject to any state, parish and levee district taxes and to all subsequent taxes and paving or other local improvement charges.

        B.    At any moment before the actual adjudication takes place, whether the property was appraised or not, if the tax debtor, his heir, administrator, executor, assign, or successor, pays to the tax collector of the parish or municipality all taxes, charges imposed pursuant to R.S. 33:1236, or paving or other local improvements assessments due upon the property, including all interest, costs, penalties, taxes, charges imposed pursuant to R.S. 33:1236, or paving or local improvement assessments which have accrued since the date when the property was adjudicated to the parish or municipality to the tax debtor, his heirs, administrator, executor, assign, or successor, as the case may be, by preference over all other bidders, though they may bid larger sums.    

    6.     Appraisement of property failing to sell percentage of appraised value as minimum price on second sale

        When any property above referred to has been once advertised and offered for sale, and has failed to sell, then the governing body of the parish or municipality may have the property appraised in accordance with R.S. 33:2868 and advertise the property for sale a second time in the same manner as herein above provided. In the second advertisement the minimum price which will be accepted for the property shall not be less than two thirds of the appraised value of the property as approved by the governing body. If the governing body previously had the property appraised, the minimum price in the second advertisement shall not be less than one third of the appraised value. The minimum price need not equal the full tax obligation, or assessments due for charges imposed pursuant to R.S. 33:1236, or paving or other local improvement assessments due by the property to the parish or municipality. Such sales shall be made subject to any state, parish or levee district taxes.

    7.     Deed of Sale to Highest Proposal Submitted

        The tax collector making the sale shall deliver to the purchaser who has complied with his bid by paying the price of the adjudication to him the deed of the sale

executed before the city notary, who shall charge therefor the price of five dollars ($5.00), plus the cost of recordation of the deed. (Ord. No. 94-2040, adopted 08/18/94; amended by Ord. No. 95-2161, adopted 02/09/95)

STATE REFERENCE:
Statutory law allows for the disposal of adjudicated properties by local governing authorities per R.S. 33:2861 et seq., R.S. 47:2251, 2261 and 2262.

SEC.

2-007.02 Adjudicated Real Estate/Immovable Property


    1. That any and all real estate and/or immovable property that is otherwise adjudicated in the future or previously has been adjudicated to the Parish of St. Tammany in any previous year will now be subject to the following program.
    
    2. All such real estate and/or immovable property described hereinabove are immediately transferred to the Office of the Parish President for administrative purposes.

    3. The Office of the Parish President shall hereinafter be charged with the duty and responsibility to develop a program of reclamation of such property, including but not limited to identification of affected property, retention of necessary staff to place any program into effect, oversight of all programs, together with advertisement, selling such properties where necessary and reasonable, all as per law.

    4. The Office of the Parish President is specifically authorized to establish such an administrative program to immediately address the magnitude of properties currently adjudicated to the Parish since 1921. Properties adjudicated to the State of Louisiana prior to the tax year of 1993 shall likewise be included in this program. The Office of the Parish President is likewise exclusively vested with the power and authority to seek out and search all properties since 1921 and to formulate, in conjunction with the Louisiana State Land Office, a plan of identification, redemption, listing, sale or whatever else is necessary to dispose of such property.

    5. The Office of the Parish President is authorized the power to negotiate terms and conditions of any sales, enter listing agreements, sign purchase agreements, and such other actions necessary to transfer the Parish's interest in and to such properties, all as per law .

    6. Funds received from the sale of such properties shall be dedicated to the general fund.

    7. The Office of the Parish President shall adhere to the requirements of the Parish Charter as to the sale of such properties.
    
    8. The Office of the Parish President shall have the option to exercise the method and/or procedure under this Ordinance necessary to dispose of such properties as per (1) the current Parish Ordinance or (2) that which is delineated in state law as to surplus property, including but not limited to Louisiana Revised Statute 33:4712 et seq., R.S. 33:1236 et seq., R.S. 33:4761 et seq., R.S. 47:2251 et seq., R.S. 33:1321 et seq., R.S. 33:2861 et seq., R.S. 48:441et seq., and such other requirement of state law.
(Ord. No. 01-0315, adopted 05/03/2001)

SEC.

2-008.00 Audits & Minutes Of Meetings To Be Furnished Police Jury


    A.         All departments, offices, agencies, boards and commissions under the jurisdiction of the Police Jury shall comply fully with the requirements of

applicable Federal, State, or local law relative to the conduct of independent post-audits of their accounts and other evidences of financial transaction(s). Audits may be by the State, if applicable, or by private auditors who shall be without personal interest in the affairs subject to audit and shall be by a certified public accountant or a firm of such accountants.

    B.         One copy of all final audits conducted pursuant to requirements of this section and copies of any other audits that may be conducted by Parish Departments, offices, agencies, boards and commissions whether or not required by law, shall be submitted to the Police Jury at its first regularly scheduled meeting held after the release of said audit by the person or firm performing the audit and such audits shall thereafter be of public record.

    C.         One copy of the minutes of each meeting of any Parish Agency, Board or Commission must be transmitted to the Police Jury within ten (10) working days of the acceptance or adoption thereof by such body; said Agency, Board or Commission shall designate one of its members with the responsibility for compliance.

    D.         Responsibility for compliance with this section insofar as the audit provision is concerned shall rest with the Chief Financial Officer of the particular Department, Office Agency, Board or Commission receiving the audit or having the audit performed.

    E.         Wilful failure to timely comply with the requirements of this section shall constitute grounds for the recall of any or all appointees of the agency, board or commission by the Police Jury.

    F.         All Departments, Offices, Agencies, Boards and Commissions under the jurisdiction of the Parish Governing Authority as defined in statement three of the National Council on Governmental Accounting shall be required to submit to the Parish Treasurer two (2) copies of their fiscal year end financial statements in the format so designated by the Parish Treasurer. The statements must be submitted within thirty calendar days (30) of the close of the organization's fiscal year. Failure to comply with these requirements shall subject the governing board to the provisions of paragraph (E) of Section 2-008.0. (Ord. No. 82-341, adopted 04/15/82; Ord. No. 83-717, adopted 11/17/83)

SEC.

2-009.00 Parish Fees And Service Charges


(A)    General Government

    (1) Administrative documents:

    a.    Code of Ordinances, per copy

$ 300.00

    b .     Supplement to Code, per page
0.50

    c.     Photocopy of ordinances, resolutions, minutes, etc., per page
0.50

    d.     Certification, each
1.50

    e. Mailout - agenda/notices, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 210.00
    f.     Public Records Request
    
        1) Copies - black & white                      .50     Per page
        2) Copies - color                              1.00     Per page
        3) Pre-produced/standardized maps- Non-GIS     5.00      8.5 x 11 Paper
                                                  7.00     8.5 x 14 Paper map
                                                10.00     11 x 17 Paper map
                                                35.00     30 x 40 Paper map
                                                 15.00     Map on CD    
                                                20.00     Map on DVD
                                                10.00     Map on Floppy Disc
        4) Custom/Non-standardized maps             5.00     8.5 x 11 paper
                                                 7.00 8.5 x 14 paper
                                                10.00 11 x 17 paper
                                                35.00 30 x 40 paper
                                                15.00 Map on CD
                                                20.00     Map on DVD
                                                10.00 Map on Floppy Disc

        5) CD/DVD Reproduction                    15.00 0 - 1 Hour
                                                20.00 1 - 2 Hours
                                                25.00 2 - 3 Hours
                                                30.00 3 - 5 Hours
                                                35.00 5 - 6 Hours

        6) Document Transcription                250.00 Deposit
            (At the then prevailing customary Court Reporter rate, plus any additional funds as needed).

(Amended by Ord. No. 91-1436, adopted 04/18/91; Ord. No. 97-2689, adopted 07/24/97; amended by Ord. No. 98-2915, adopted 8/20/98; amended Ord. No. 05-1161, adopted 08/04/2005; amended by Ord. No. 07-1649, adopted 09/06/2007)


        
(2) Alcoholic beverage permit (per year, except as otherwise listed):

        a)    Wholesale (low content), per year

125.00

        b)    Class A retail (low content), per year
72.00

        c)    Class B retail (low content), per year
60.00

        d)    Wholesale (high content), per year
525.00

        e)     Retail dealer (first year)
525.00

        f)    Retail dealer (high content), per year
325.00

        g)     Dispenser's license, 4 years
60.00        

        h)    Class R (Restaurant), per year
25.00

        i)    Class LW (light wine), per year
30.00

    The amounts indicated in this section include a $75.00 fee to be paid to the Parish of St. Tammany to cover administrative costs and processing.

    Restaurants/cafeterias selling Class “A” alcoholic beverages will also require a Class “R” permit; restaurants/cafeterias selling wine will require a Class “LW” permit.

(Amended by Ord. No. 87-832, adopted 7/16/87; amended by Ord. No. 91-1465, adopted 7/18/91; amended by Ord. No. 94-1952, adopted 04/21/94; amended by Ord. No. 97-2689, adopted 07/24/97)

CROSS REFERENCE : Section 3-120.00-3-158.00, especially Section 3-161.00 concerning qualifications, Section 3-192.00, Ord. No. 88-982)



(3) License fees:

        a) Dance Hall, per year

100.00

        b) Amusement park, per year
100.00

        c) Public swimming pool, per year
25.00

        d) Circus show:
            1. Annual, per year
2,400.00

            2. Daily, per day
500.00

        e) Music festival:
            1. Annual, per year
4,800.00

            2. Daily, per day
100.00

        f) Application fee, each

6.00

(4) Bingo license:

        g) Annual, per year

100.00

        h) One-time, each
25.00

        i) Bingo fees: -Fixed Flat rate of 3% of Net Proceeds after allowable expenses

(Amended by Ord. No. 91-1503, adopted 09/19/91)

(5) Non-sufficient funds charge, each

25.00

(6) Bid Packet Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 30.00

(Ord. No. 93-1774, adopted 07/15/93; amended by Ord. No. 97-2689, adopted 07/24/97)

(B)    Development:

I.    Building Permits; Registration and Associated Fees:

            
    (1)    Building Permits
        1.    Commercial Plan Review
            (i)    Plan Review

$150.00 base fee plus .01 per sq. ft.

            (ii)    Projects above 2,000,000 may be subject to $100.00 base fee and current Southern Building Code Review fees
        2 .     Commercial
            (i)    New
$140.00 + .21 per sq. ft.

            (ii)    Additions
$100.00 + .21 per sq. ft.

            (iii) Remodel
$85.00 + 5.00 per 1,000 or fraction thereof

                (**Contract Amount)
        3 .     Residential
            (i)    New
$105.00 + .10 per sq. ft.

            (ii)    Additions
$80.00 + .10 per sq. ft.

            (iii) Remodel
$75.00 + 5.00 per 1,000 or fraction thereof

                (**Contract Amount/No Contract + .50 per sq. ft.)
        4 .     Mobile Homes
            (i)    Mobile Homes
$80.00 + .10 per sq. ft. + 5.00 electrical connection

            (ii)    Licensed Parks
$25.00 + 5.00 electrical connection

        5 .     Miscellaneous
            (i)    Seasonal retail (
tents, temp. structures, pre-fab)
$140.00 + $21 per sq. ft.

            (ii)    Land Clearing
150.00

            (iii)     Residential Demolition
20.00

            (iv)     Commercial Demolition
40.00

            (v)    Tennis Courts
40.00

            (vi)     Tanks
40.00

            (vii)     Tents
40.00

* (viii)              Towers...................................................................... 2,000.00 *(ix) Tower Locations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000.00        
(x) Traffic Impact Fee Analysis - This fee shall consist of a $50 submittal fee plus $50/mile of roadway to be studied plus $50/intersection in study area plus
$50/proposed development in study area that have submitted a tentative plat or
conditional use application.

         * Including, but not limited to: Telecommunications, Radio and Digital

(Amended by Ord. 99-3001, adopted 1/21/99), amended by Ord. 04-0971, adopted 09/02/2004, amended by Ord. 05-1163, adopted 08/04/2006)

    (2)    Electrical Permit Fees
        a. Commercial
            (i)    (1%) one percent of the electrical contract
            (ii)    Minimum Fee

40.00

            (iii) Electrical Connection Permit
10.00

        b. Residential
            (i)    40.00 Base +2.00 per circuit
            (ii)    Minimum Fee

40.00

            (iii) Electrical Connection Permit
5.00

        c. Mobile Home    
            (i)    Construction Test Meter

25.00

            
    (3)    Mechanical Permit Fees
        a. Commercial
            (i)    (2%) two percent of the mechanical contract up to 200,000 plus (1%) one percent over 200,00
            (ii)    Minimum Fee
40.00

        b. Residential
            (i)    40.00 Base + 3.00 per ton of A.C.
            (ii)    Minimum Fee
40.00

            (iii) Change Outs
20.00 per unit/component

        c. Miscellaneous    
            (i)    Elevators, builders' hoists, and moving stairs are based on number of floors served:
                2 to 4 floors

40.00

                5 to 10 floors
75.00

                Over 10 floors
100.00

            (ii)    Dumbwaiters
40.00

    (4)    Plumbing Permit Fees


        a. Commercial
            (i)    (2%) twp percent of the plumbing contract up to 200,000 plus (1%) one percent over 200,000
            (ii)    Minimum Fee
40.00

        b. Residential
            (i)    40.00 Base + 1.00 per fixture
            (ii)    Minimum Fee
40.00

    (5)    Gas Permit Fees
        a. Commercial
            (i)    (2%) two percent of the gas contract up to 200,000 plus (1%) one percent over 200,000
            (ii)    Minimum Fee

40.00

        b. Residential
            (i)    20.00 Base + 1.00 per drop
            (ii)    Minimum Fee
20.00

    (6)    Reinspection Fees
        a .     1st Reinspection ..........................................................................50.00
        b .     2nd Reinspection .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
.         c.    3rd Reinspection . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00
        d.    4th Reinspection . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00

    In the event an application for a fifth reinspection is made, a citation for failure to comply with the Building Code shall be issued.
(Ord. No. 02-0529, adopted 09/05/2002)

Incomplete Reinspection Fees

50.00        

(Ord. No. 02-0529, adopted 09/05/2002)

    (7)    Special Inspections
        a.    Special Inspections

50.00

        b .     Special Inspections conducted on Holidays
75.00

        
    (8)    Registration and Renewal Fees
        a .     Building, Electrical, Mechanical and Plumbing
55.00

        b .     Gas
25.00

        c .     Delinquent Fees, starting January 1
10.00 per month

        d .     Inactive Registration
10.00


(Amended by Ord. No. 97-2598, adopted 04/03/97)    
        
II.    Zoning and Associated Fees:
    
        A.    Zoning changes
            1 .     Existing Developed Single Family Residential
                (i)    Per Acre
50.00

                (ii)    Maximum Acreage Fee
1250.00

        
            2 .     Other Zoning Changes
                (i)    Per Acre for first 25 acres
100.00

                (ii)    Per Acre for remaining acres
10.00

                (iii)    Processing Fee
250.00

                (iv)    Advertising Fee
75.00

        B .     Conditional Uses and Plan Reviews for
            PUD, ID, and Non-Conforming Uses
            1 .     Single Family

100.00

            2 .     Agricultural
100.00

            3 .     Recreational
100.00

            4 .     Ponds/Excavations under 3 acres
100.00

            5 .     Ponds/Excavations 3-5 acres
200.00

            6 .     Ponds/Excavations 5-10 acres
300.00

            7 .     Ponds/Excavations over 10 acres
400.00

            8 .     Institutional
300.00

            9 .     Commercial, Multi-Family, Industrial, Utility
500.00

         10.    Traffic Impact Fee Analysis - This fee shall consist of a $50 submittal fee plus $50/mile of roadway to be studied plus $50/intersection in study area plus $50/proposed development in study area that have submitted a tentative plat or conditional use application.
(Ord. 05-1163, adopted 08/04/2006)
    
             11. Miscellaneous - As determined by Development    
             The above items under B. will be assessed an advertising fee
50.00

             The above items under B. will be assessed an acreage fee for every acre over 5 acres (except items 1-7 and item 10)
10.00

(Ord. 05-1163, adopted 08/04/2006)

        C .     Administrative/Adm Conditional Use
            1 .     Residential
                (i)    Home Office/Occupation

25.00

                (ii)    Temporary Use
25.00

                (iii)    Residential Structure
50.00

                (iv)    Pond
50.00

            2 .     Commercial, Institutional, Industrial or other
100.00

        
        D .     PCO Review
            1 .     Building (may include signage)
50.00

            2.    Signage Only
50.00

        E .     Board of Adjustments
            1 .     Variance

200.00

            2 .     After the Fact Variance
500.00

            3 .     Interpretation
200.00

            4 .     Appeals of Zoning Adm..
200.00


(Amended by Ord. No. 97-2598, adopted 04/03/97)

III.    Subdivisions and Associated Fees:

        A .     Tentative Subdivision Stage
            1. Lot Fee......................................$100.00 filing fee plus $15.00 per lot.
            2. Traffic Impact Fee Analysis - This fee shall consist of a $50 submittal fee plus $50/mile of roadway to be studied plus $50/intersection in study area plus $50/proposed development

in study area that have submitted a tentative plat of conditional use application.
(Ord. 05-1163, adopted 08/04/2006)    

        B .     Preliminary Subdivision Stage
            1 .     Lot Fee

30.00 per lot

            2 .     Sewerage and Water (review fee)
10.00 per lot

            3 .     Linear Ft. of Water Distribution Pipe
0.05 per linear foot

            4 .     Water Supply Facility
30.00 per facility

            5 .     Linear Ft. of Sewerage Collection Pipe
0.10 per linear foot

            6 .     Collection/Treatment Facility
30.00 per facility

            
        C .     Final Subdivision Stage
            1 .     Lot Fee
60.00 per lot

            2 .     Sewerage and Water (review fee)
15.00 per lot plus 20.00

            
        D .     Resubdivisions
            1.    90.00 per acre of total land area to be resubdivided with
                a maximum fee of
800.00

                (Minimum fee of 75.00, pro-rated after the first acre)

        E .     Revocation Process for Each Application
300.00


        F .     Commercial Shopping Centers
            1 .     Fees for commercial shopping centers including commercial “strip” shopping centers where lots are not created shall be:
                Initial Processing Fee
250.00 and 100.00 per acre

        G .     Mobile Home Parks/RV Campgrounds Parks/Licensing Fees;
            (Where lots are not being sold)

            1 .     Review Fees
                a .     100.00 per acre of land or fraction thereof
                b .     Twenty-five percent (25%) of said amount shall be paid to the St. Tammany Parish Planning Commission for those inspections and reviews which are equivalent to tentative approval; and
                c .     Seventy-five percent (75%) of said amount be paid to the St. Tammany Parish Department of Public Works at the time of those inspection and reviews which are equivalent to preliminary approval.
                d .     The costs of laboratory testing and inspections for hard surfaced roads will be borne by the developer and will be invoiced through the testing laboratory selected to do the testing.
                
            2 .     License; Renewal; Transfer Fees
                a .     Annual fee of $5.00 per space for the first 5 spaces and $2.00 per space for each additional space. The license is valid for the calendar year.
                b .     Renewal: $5.00 per space for the first 5 spaces and $2.00 per space for each additional space.


                c .     Transfer: $5.00 per space for the first 5 spaces and $2.00 per space for each additional space.
                d .     Non-conforming License: $5.00 per space for the first 5 spaces and $2.00 per space for each additional space.
                
        H .     Seismic Exploratory Permit, each
100.00

            1 .     Exploratory Inspection, each
75.00

            2 .     Exploratory Penalty, each
100.00


        I .     Special Construction
            Special construction requiring the review and inspection by the parish engineer and/or his designees shall have fees established by the administrative official in charge. Examples of special construction are as follows:
                Subdivisions requiring minimal construction and improvements, bulkheads, revetments, subsurface drainage, canals and water systems, miscellaneous construction involving the public health, welfare and safety, etc...
    
CROSS REFERENCE:
See Chapter 5, "Building Code", see Chapter 21, "Sewers and Sewage Disposal" in this Code of Ordinances.

        J .     Marinas
            1 .     1-10 slips
50.00

            2 .     11-15 slips
125.00

            3 .     26-50 slips
300.00

            4 .     Over 50 slips
300.00

            5.    Plus, per each slip over 50
10.00

    (Amended by Ord. No. 96-2465, amended by Ord. No. 97-2598, adopted 04/03/97, amended by Ord. No. 99-3098, adopted 6/17/99)

IV. Mandatory Impact Fees

A.    Transportation Impact Fee

1.Short title, authority and application.

            a. Title:     This Section A Transportation Impact Fee shall be known and may be cited as the "St. Tammany Parish Transportation Impact Fee Ordinance."

b. Authority: The Parish Council has the authority to adopt the ordinance codified herein pursuant to the St. Tammany Parish home rule charter and the Constitution of the State of Louisiana.

            c. Application: This Transportation Impact Fee Ordinance shall apply to all lands within the unincorporated portion of St. Tammany Parish.

2. Purpose.

    The establishment of a system for the imposition of road impact fees within the unincorporated area is intended to assure that new development contributes its

proportionate share of the cost of providing, and benefits from the provision of, improvements to the Major Road System.

3. Definitions.

    Certain words or phrases unique to this Transportation Impact Fee Ordinance shall be construed as herein set out unless it is apparent from the context that they have a different meaning.

    “Building Permit” means that permit required to be issued before any building or construction activity can be initiated on a parcel of land.

    “Capacity” means the maximum number of vehicles that have a reasonable expectation of passing over a given section of a road during an hour, expressed in terms of vehicles per hour.

    “Existing Traffic-Generating Development” means the most intense use of land within the twelve (12) months prior to the time of commencement of Traffic-Generating Development.

    “Expansion” of the capacity of a road includes any widening, intersection improvement, signalization or other capital improvement designed to increase the existing road's capacity to carry vehicles.

    “Fee Payer” means a person commencing Traffic-Generating Development who is obligated to pay a road impact fee in accordance with the terms of this Section A.

    “Level of Service (LOS)” means the system-wide ratio of vehicle-miles of capacity to vehicle-miles of travel on the Major Road System.

    “Major Road System” means the system of major roadways within St. Tammany Parish identified in the Road Impact Fee Study.

    “Non-Site-Related Improvements” means Road Capital Improvements and right-of-way dedications for improvements to the Major Road System that are not site-related improvements.

    “Person” means an individual, corporation, governmental agency or body, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.

    “Road Capital Improvement” includes the transportation planning, preliminary engineering, engineering design studies, land surveys, alignment studies, right-of-way acquisition, engineering, permitting and construction of all necessary features undertaken to accommodate additional traffic resulting from new traffic-generating development, including but not limited to: (a) construction of new through lanes, (b) construction of new bridges, (c) construction of new drainage facilities in conjunction with new road construction, (d) purchase and installation of traffic signals, including new and upgraded signalization, (e) construction of curbs, gutters, sidewalks, medians and shoulders, (f) relocating utilities to accommodate new road construction,

(g) the construction and reconstruction of intersections to increase capacity, (h) the widening of existing roads, (i) bus turnouts, (j) acceleration and deceleration lanes, (k) interchanges, and (l) traffic control devices.

    “Road Impact Fee Administrator” (R.I.F.A.) means the St. Tammany Parish employee primarily responsible for administering the provisions of this Transportation Impact Fee Ordinance or his or her designee.

    “Road Impact Fee Study” means the Transportation Impact Fee Study prepared by Duncan Associates in August 2004, or a subsequent similar study.

    “Site-Related Improvements” means those road capital improvements and right-of-way dedications that provide direct access to the development. Direct access improvements include, but are not limited to, the following: (a) driveways and streets leading to and from the development; (b) right- and left-turn lanes leading to those driveways and streets; (c) traffic control measures for those driveways; and (d) internal streets. Credit is not provided for site-related improvements.

    “Traffic-Generating Development” is land development designed or intended to permit a use of the land that will contain or convert to more dwelling units or floor space than the most intensive use of the land within the twelve (12) months prior to the commencement of Traffic-Generating Development in a manner that increases the generation of vehicular traffic.

    “Trip” means a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end).

    “Trip Generation” means the attraction or production of trips caused by a certain type of land development.

    “Vehicle-Miles of Travel (VMT)” means the combination of the number of vehicles traveling during a given time period and the distance (in miles) that they travel.

4. Time of fee obligation and payment.

    a. After the effective date of the ordinance codified herein, any person or government body that causes the commencement of Traffic-Generating Development within unincorporated St. Tammany Parish shall be obligated to pay a road impact fee, pursuant to the terms of this Transportation Impact Fee Ordinance. The fee shall be determined and paid in accordance with the following schedule:
            
        (1) Residential Subdivisions _ at the time of Final Plat Approval or within 90 days of recordation of Final Plat if the appropriate security is posted as approved by the Director of Engineering and the Director of Finance. A second 90 day period may be granted if deemed appropriate by the Director of Engineering and the Director of Finance;

        (2) Commercial Subdivisions _ at the time of Final Plat approval if the size of the end user is known, else at the time of the issuance of a building permit. The payment at Final Plat Approval may be deferred

for a period of 90 days of recordation of Final Plat if the appropriate security is posted as approved by the Director of Engineering and the Director of Finance. A second 90 day period may be granted if deemed appropriate by the Director of Engineering and the Director of Finance If the end user is unknown, or the square footage of the end user is altered, the balance of the fee shall be paid at the time of the issuance of a building permit.

        (3) Individual Commercial or Residential Structures - at the time of issuance of a building permit for the development.

    b. If any credits are due pursuant to subsection 8, they shall also be determined at the time of payment. The fee shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire development. If the fee is imposed for a Traffic- Generating Development that increases traffic impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new Traffic-Generating Development and the Existing Traffic-Generating Development. The obligation to pay the impact fee shall run with the land.

5. Exemptions.

    The following shall be exempt from the terms of this Transportation Impact Fee Ordinance. An exemption must be claimed by the Fee Payer at the time of application for a building permit.

    a. Alterations or expansion of an existing building where no additional dwelling units are created, the use is not changed and no additional vehicular trips will be produced over and above that produced by the existing use.

    b. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above that produced by the principal building or use of the land.

    c. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional trips will be produced over and above that produced by the original use of the land.

    d. Any development for which a completed application for a building permit was submitted prior to the effective date of the ordinance codified herein, provided that the construction proceeds according to the provisions of the permit and the permit does not expire prior to the completion of the construction.

    e. Any conditional use, Planned Unit Development (PUD), or subdivision for which a public hearing has been held prior to the effective date of the ordinance codified herein, provided that the construction proceeds according to the provisions of the conditional use or subdivision approval within specified time lines. (Amended by Ord. No. 05-1038, adopted 01/06/05)

    f. Any development which has an approved voluntary developmental agreement in place as of the effective date of this ordinance.


    g. Structures associated with uses recognized as agricultural by the State of Louisiana.

    h. If a manifestly unreasonable financial hardship is demonstrated by an applicant for a single family residential building permit, as determined by the Road Impact Fee Administrator (R.I.F.A) of St. Tammany Parish, the impact fees relative to transportation and drainage may be waived, subject to the following parameters.

    (1)    A manifestly unreasonable hardship shall be defined as a situation where the demonstrated income of the property owner falls within the parameters set by the most recent U. S. Department of Housing and Urban Development - Public Housing and Section 8 Income Limits for Very Low income (50% of regional median income).

    (2)    Adequate financial documentation shall be presented to the Road Impact Fee Administrator (R.I.F.A) to determine qualifications for said waiver.

    (3    No individual may receive more than a single waiver of said fees.
        
(Item “h” amended and remainder renumbered by Ord. No. 05-1069, adopted 03/03/2005)

    i. Procedure for exemption review.

    (1)     The determination of any exemption shall be undertaken through the submission of an Application for Exemption, which shall be submitted to the Road Impact Fee Administrator (R.I.F.A.).

    (2)     If the proposed application involves an exemption for any alteration, expansion or replacement of any existing structure, the following documentation must be provided:

        i.     A site survey showing the existing structures and the improvements being proposed; and
                                
        ii.     Documentation confirming no additional dwelling units are created, the use is not changed and no additional vehicular trips will be produced over and above that produced by the existing use.

     (3)    If the proposed application involves another type of permitted exemption, the following documentation must be provided:

        i.     Documents evidencing a completed building permit application being submitted prior to the effective date of the ordinance codified herein, and completion of construction prior to expiration of the building permit issued; or

                ii.     Documentation evidencing an approved voluntary developmental agreement in place as of the effective date of this ordinance.
        
     (4)     The Road Impact Fee Administrator (R.I.F.A.) shall notify the Parish Council Chair of any Application for Exemption Agreement within three (3) days of receipt of said application.



     (5)     Within ten (10) days of receipt of the proposed Application for Exemption Agreement, the Road Impact Fee Administrator (R.I.F.A.) shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Road Impact Fee Administrator (R.I.F.A.) shall send a written statement to the applicant outlining the deficiencies. The Road Impact Fee Administrator (R.I.F.A.) shall take no further action on the proposed Application for Exemption Agreement until all deficiencies have been corrected or otherwise settled.

     (6)     Once the Road Impact Fee Administrator (R.I.F.A.) determines that the proposed Application for Exemption Agreement is complete, it shall be reviewed within thirty (30) days. The Application for Exemption Agreement shall be approved if it complies with the standards in subsections 5.a. through 5.g. above.

     (7)     If the Application for Exemption Agreement is approved by the Road Impact Fee Administrator (R.I.F.A.), an Exemption Agreement shall be prepared and signed by the applicant and St. Tammany Parish.

        j. Appeal of exemption decision.

        A Fee Payer affected by the decision of the Road Impact Fee Administrator (R.I.F.A.) regarding an exemption may appeal such decision to the Parish Council by filing with the Road Impact Fee Administrator (R.I.F.A.), within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Administrator (R.I.F.A.) shall place such appeal on the Council's agenda for the next regularly scheduled meeting. The Parish Council, after a hearing, shall affirm or reverse the decision of the Road Impact Fee Administrator (R.I.F.A.) based on the standards in subsections 5.a. through 5.g. above. If the Parish Council reverses the decision, it shall direct the Road Impact Fee Administrator (R.I.F.A.) to grant the exemption in accordance with its findings. The decision of the Parish Council shall be final.

6. Establishment of fee schedule.

    a.     Any person who causes the commencement of Traffic-Generating Development, except those persons exempted or preparing an independent fee calculation study pursuant to subsection 7 hereof, shall pay a road impact fee in accordance with the following fee schedule. The descriptions of the land use codes in the most current edition of the report titled “Trip Generation”, prepared by the Institute of Transportation Engineers (ITE), shall be used to determine the appropriate land use type.

                     Road Impact Fee Schedule

            Single Family Detached    Per Dwelling Unit        $ 1,468.00
            Multiple Family        Per Dwelling Unit         902.00
            Retail                Per 1000 sq. ft.         1,833.00
            Office/Institutional        Per 1000 sq. ft.         2,173.00
            Mini-Storage            Per 1000 sq. ft.         233.00
            Warehousing            Per 1000 sq. ft.         687.00
            Industrial            Per 1000 sq. ft.         1,254.00

(Ord. 06-1369, adopted 09/07/2006)

    b.     If the type of Traffic-Generating Development for which a building permit is requested is not specified on the above fee schedule, the Road Impact Fee Administrator (R.I.F.A.) shall determine the fee on the basis of the fee applicable to the most nearly comparable type of land use on the fee schedule. The Road Impact Fee Administrator (R.I.F.A.) shall be guided in the selection of a comparable type of land use by:

        (1)     Using trip generation rates contained in the most current edition of the report titled Trip Generation, prepared by the Institute of Transportation Engineers (ITE), articles or reports appearing in the ITE Journal, or studies or reports done by the U.S. Department of Transportation, and applying the formula set forth in subsection 7.d; or

        (2)    Computing the fee by use of an independent fee calculation study as provided in subsection 7 of this Transportation Impact Fee Ordinance.

7. Independent Fee Calculation Study.

    a. The impact fee may be computed by the use of an Independent Fee Calculation Study at the election of the Fee Payer, or upon the request of the Road Impact Fee Administrator (R.I.F.A.), for any proposed land development activity interpreted as not one of those types listed on the fee schedule, or as one that is not comparable to any land use on the fee schedule, or for any proposed land development activity for which the Road Impact Fee Administrator (R.I.F.A.) concludes the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more or less to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

    b. The preparation of the Independent Fee Calculation Study shall be the sole responsibility and cost of the Fee Payer.

    c. Any person who requests to perform an Independent Fee Calculation Study shall pay an application fee for administrative costs associated with the review and decision on such Study.

    d. The Independent Fee Calculation Study for the road impact fee shall be calculated by the use of the following formula:

            FEE:        =    VMT x NET COST/VMT

            VMT        =    PHT x % NEW x LENGTH . 2

            PHT        =    Trip ends during the PM peak hour during an average weekday

            % NEW    =    percent of trips that are primary trips, as opposed to passby or diverted-link trips



            LENGTH    =    Average length of a trip on the major roadway system

            . 2        =    Avoids double-counting trips for origin and destination

        NET COST/VMT    =    COST/VMT - CREDIT/VMT

             COST/VMT    =    COST/VMC x VMC/VMT

             COST/VMC    =    COST/LANE-MILE . AVG LANE CAPACITY

             VMC/VMT    =    The system-wide ratio of capacity to demand in major roadway system

        COST/LANE-MILE    =    Average cost to add a new lane-mile to the major roadway system

    AVG LANE CAPACITY        =    Average added hourly capacity per new land

          CREDIT/VMT        =    Revenue credit per VMT
    

    e. The fee calculation shall be based on data, information or assumptions contained in this Transportation Impact Fee Ordinance or independent sources, provided that:

        (1)    The independent source is an accepted standard source of transportation engineering or planning data; or

        (2)    The independent source is a local study on trip characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering; or

        (3)    The percent new trips factor used in the Independent Fee Calculation Study is based on actual surveys prepared in St. Tammany Parish.

    f.    Procedure.
        
        (1)     An Independent Fee Calculation Study shall be undertaken through the submission of an application for an independent fee calculation. A potential Fee Payer may submit such an application. The Road Impact Fee Administrator (R.I.F.A.) may submit such an application for any proposed land development activity interpreted as not one of those types listed on the above fee schedule, or as one that is not comparable to any land use on the fee schedule, or for any proposed land development activity for which it is concluded the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more or less to mitigate than the amount of the fee that would be generated by the use of the fee schedule.


        (2)     Within ten (10) days of receipt of an application for Independent Fee Calculation Study from a fee payer, the Road Impact Fee Administrator (R.I.F.A.) shall determine if the application is complete. If the Road Impact Fee Administrator (R.I.F.A.) determines that the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The Road Impact Fee Administrator (R.I.F.A.) shall take no further action on the application until it is deemed complete.

        (3)     When the Road Impact Fee Administrator (R.I.F.A.) determines that the application is complete, the application shall be reviewed and the Road Impact Fee Administrator (R.I.F.A.) shall render a written decision in thirty (30) days on whether the fee should be modified and, if so, what the amount should be, based on the standards in subsection 7.g. below.

    g.    Standards.

        If, on the basis of generally-recognized principles of impact analysis, it is determined that the data, information and assumptions used by the applicant to calculate the Independent Fee Calculation Study satisfy the requirements of this subsection 7, the fee determined in the Independent Fee Calculation Study shall be deemed the fee due and owing for the proposed Traffic-Generating Development. The adjustment shall be set forth in a Fee Agreement. If the Independent Fee Calculation Study fails to satisfy the requirements of this subsection, the fee applied shall be that fee established for the Traffic-Generating Development in subsection 6 above.

    h.    Appeal of decision.

        (1) A Fee Payer affected by the administrative decision of the Road Impact Fee Administrator (R.I.F.A.) on an Independent Fee Calculation Study may appeal such decision to the St. Tammany Parish Council, by filing with the Road Impact Fee Administrator (R.I.F.A.) within ten (10) days of the date of the written decision a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Administrator (R.I.F.A.) shall place the appeal on the Council's agenda for the next regularly scheduled meeting.

        (2) The Parish Council, after hearing, shall have the power to affirm or reverse the                  decision of the Road Impact Fee Administrator (R.I.F.A.). In making its decision, the Council shall specify the reasons for its decision and apply the standards in subsection 7.g. above. If the Council reverses the decision of the Road Impact Fee Administrator (R.I.F.A.), it shall direct the Administrator to recalculate the fee in accordance with its decision. In no case shall the Council have the authority to negotiate the amount of the fee or waive the fee. The decision of the Council shall be final and not subject to further administrative appeal.

8. Credits.


        a. Any person initiating Traffic-Generating Development may apply for credit against road impact fees otherwise due, up to but not exceeding the full obligation for impact fees proposed to be paid pursuant to the provisions of this Transportation Impact Fee Ordinance, for any contributions, construction or dedication of land accepted or received by St. Tammany Parish for Non-Site-Related Road Capital Improvements on the Major Road System, except as provided in subparagraph c. hereinbelow.

        b. Credits for contributions, construction or dedication of land for Non-Site-Related Road Capital Improvements on the Major Road System shall be transferable within the same development, but shall not be paid for other public facilities. The credit shall not exceed the amount of the impact fees due and payable for the proposed Traffic-Generating Development.

        c. St. Tammany Parish may enter into a Capital Contribution Front-Ending Agreement with any person initiating Traffic-Generating Development who proposes to construct Non-Site-Related Road Capital Improvements on the Major Road System. To the extent that the fair market value of the construction of these Road Capital Improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this subsection 8, the Capital Contribution Front-Ending Agreement shall provide proportionate and fair share reimbursement linked to new growth and development's use of the Road Capital Improvement constructed.

        d. Credit shall be in an amount equal to fair market value of the land dedicated for right-of-way at the time of dedication, the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made for construction of a Non-Site-Related Capital Road Improvement on the Major Road System.

        e. Credits may include any dedication, construction, or contributions made by outside parties subject to the limitations of this section.

        f.    Procedure for credit review.

        (1) The determination of any credit shall be undertaken through the submission of an Application for Credit Agreement, which shall be submitted to the Road Impact Fee Administrator (R.I.F.A.).

        (2) If the proposed application involves a credit for any contribution, the following documentation must be provided:

            i.     A certified copy of the development approval in which the contribution was agreed;

            ii.    If payment has been made, proof of payment; or

            iii.    If payment has not been made, the proposed method of payment.

        (3) If the proposed application involves credit for the dedication of land:


            i.     A drawing and legal description of the land;

            ii.    The appraised fair market value of the land at the date a building permit is proposed to be issued for the traffic-generating land development activity, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers (SRA), and if applicable, a certified copy of the development permit in which the land was agreed to be dedicated.

        (4) If the proposed Application for Credit Agreement involves construction:

            i.    The proposed plan of the specific construction prepared and certified by a duly qualified and licensed Louisiana engineer or contractor;

            ii.    The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one (1) year after completion of construction, costs of plans and specifications, surveys of estimates of costs and of revenues, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.

        (5) The Road Impact Fee Administrator (R.I.F.A.) shall notify the Parish Council Chair of any Application for Credit Agreement within three (3) days of receipt of said application.

        (6) Within ten (10) days of receipt of the proposed Application for Credit Agreement, the Road Impact Fee Administrator (R.I.F.A.) shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Road Impact Fee Administrator (R.I.F.A.) shall send a written statement to the applicant outlining the deficiencies. The Road Impact Fee Administrator (R.I.F.A.) shall take no further action on the proposed Application for Credit Agreement until all deficiencies have been corrected or otherwise settled.

        (7) Once the Road Impact Fee Administrator (R.I.F.A.) determines that the proposed Application for Credit Agreement is complete, it shall be reviewed within thirty (30) days. The Application for Credit Agreement shall be approved if it complies with the standards in subsections 8.a. through 8.d. above.

        (8) If the Application for Credit Agreement is approved by the Road Impact Fee Administrator (R.I.F.A.), a Credit Agreement

shall be prepared and signed by the applicant and St. Tammany Parish. It shall specifically outline the contribution, payment, construction or land dedication, the time by which it shall be completed, dedicated or paid, and any extensions thereof and the dollar credit the applicant shall receive for the contribution, payment or construction.

    g.    Appeal of credit decision.

        A Fee Payer affected by the decision of the Road Impact Fee Administrator (R.I.F.A.) regarding credits may appeal such decision to the Parish Council by filing with the Road Impact Fee Administrator (R.I.F.A.), within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Administrator (R.I.F.A.) shall place such appeal on the Council's agenda for the next regularly scheduled meeting. The Parish Council, after a hearing, shall affirm or reverse the decision of the Road Impact Fee Administrator (R.I.F.A.) based on the standards in subsections 8.a. through 8.d. above. If the Parish Council reverses the decision, it shall direct the Road Impact Fee Administrator (R.I.F.A.) to readjust the credit in accordance with its findings. The decision of the Parish Council shall be final.

9. Fee Expenditures.

        a. St. Tammany Parish shall establish a Road Impact Fee Escrow Account for the purpose of ensuring that Fee Payers receive sufficient benefit for road impact fees paid.

        b. All road impact fees collected by St. Tammany Parish shall be immediately deposited into the Road Impact Fee Escrow Account.

        c. All proceeds in the Road Impact Fee Escrow Account not immediately necessary for expenditure shall be invested in an interest-bearing account. All income derived from these investments shall be retained in the Escrow Account. Records of the Road Impact Fee Escrow Account shall be available for public inspection.

        d. Each year, at the time the annual budget is reviewed, the Road Impact Fee Administrator (R.I.F.A.) shall recommend appropriations to be spent from the Escrow Account to the Parish Council. After review of the recommendation, the Council shall approve or modify the recommended expenditures of the Escrow Account monies. Expenditures shall be made from the Escrow Account only for Non-Site-Related Improvements to the Major Road System. Any amounts not appropriated from the Escrow Account, together with any interest earnings, shall be carried over to the following fiscal period.

        e. Each year, the Road Impact Fee Administrator (R.I.F.A.) shall prepare a report to the Parish Council identifying the expenditures of the previous year for the projects for which the Council approved funds.

10. Refunds.


        a. Refund of fees not spent: Any fees collected shall be returned to the Fee Payer or the Fee Payer's successor in interest if the fees have not been spent within ten (10) years from the date the building permit for the development was issued, along with interest of five percent (5%) a year. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent.

        b. Refund procedure: The refund shall be administered by the Road Impact Fee Administrator (R.I.F.A.), and shall be undertaken through the following process:

        (1) A Refund Application shall be submitted within one (1) year following the end of the tenth year from the date on which the building permit was issued on the proposed development. The Refund Application shall include the following information:

i. A copy of the dated receipt issued for payment of the fee;

ii. A copy of the building permit; and

        iii. Evidence that the applicant is the successor in interest to the fee payer.

        (2) Within ten (10) days of receipt of the Refund Application, the Road Impact Fee Administrator (R.I.F.A.) shall determine if it is complete. If the Road Impact Fee Administrator (R.I.F.A.) determines that the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected, the Road Impact Fee Administrator (R.I.F.A.) shall take no further action on the Refund Application.

        (3) When the Road Impact Fee Administrator (R.I.F.A.) determines that the Refund Application is complete, it shall be reviewed within thirty (30) days, and shall be approved if it is determined that the Fee Payer or a successor in interest has paid a fee which has not been spent within the period of time permitted under this Transportation Impact Fee Ordinance. The refund shall include the fee paid plus interest.

        c. Appeal of refund decision: A Fee Payer affected by a decision of the Road Impact Fee Administrator (R.I.F.A.) may appeal such decision to the Parish Council by filing with the Road Impact Fee Administrator (R.I.F.A.), within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Administrator (R.I.F.A.) shall place such appeal on the Council's agenda. The Council, after a hearing, shall affirm or reverse the decision of the Road Impact Fee Administrator (R.I.F.A.) based on the standards in this subsection 10. If the Parish Council reverses the decision of the Road Impact Fee Administrator (R.I.F.A.), it shall direct the Administrator to readjust the refund in accordance with its findings. In no case shall the Council have the authority to negotiate the amount of the refund. The decision of the Parish Council shall be final.



11.     Periodic Review.

        At least once every five (5) years, the Road Impact Fee Administrator (R.I.F.A.) shall recommend to the Parish Council whether any changes should be made to the Road Impact Fee Study and the ordinance codified herein. The purpose of this review is to analyze the effects of inflation on actual costs, to assess potential changes in needs, to assess any changes in the characteristics of land uses, and to ensure that the road impact fees will not exceed a proportionate share of the costs attributable to new development.

(Ord. No. 04-0990, adopted 11/04/2004 - effective January 1, 2005; Ord. 06-1369, adopted 09/07/2006)

B. Drainage Impact Fee

1. Short title, authority and application.

    a. Title: This Section B: Drainage Impact Fee shall be known and may be cited as the "St. Tammany Parish Drainage Impact Fee Ordinance."

    b. Authority: The Parish Council has the authority to adopt the ordinance codified herein pursuant to the St. Tammany Parish home rule charter and the Constitution of the State of Louisiana.

    c. Application: This Drainage Impact Fee Ordinance shall apply to all lands within the unincorporated portion of St. Tammany Parish.

2. Purpose.

    The establishment of a system for the imposition of drainage impact fees within the unincorporated area is intended to assure that new development contributes its proportionate share of the cost of providing, and benefits from the provision of, improvements to the Major Drainage System.
    
3. Definitions.

    Certain words or phrases unique to this Drainage Impact Fee Ordinance shall be construed as herein set out unless it is apparent from the context that they have a different meaning.
    
    “Building Permit” means that permit required to be issued before any building or construction activity can be initiated on a parcel of land.

    “Drainage Capital Improvement” includes the preliminary engineering, engineering design studies, land surveys, land acquisition, engineering, permitting and construction of all necessary features of storm water detention ponds.

    “Drainage Impact Fee Administrator” (D.I.F.A.) means the St. Tammany Parish employee primarily responsible for administering the provisions of this Drainage Impact Fee Ordinance or his or her designee.


    “Drainage Impact Fee Study” means the Drainage Impact Fee Study prepared by Duncan Associates in August 2004, or a subsequent similar study.

    “Fee Payer” means a person who is obligated to pay a drainage impact fee in accordance with the terms of this Section B.

    “Major Drainage System” means the system of storm water detention ponds, natural drainage ways and man-made drainage ways within St. Tammany Parish required to prevent flooding.

    “Person” means an individual, corporation, governmental agency or body, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.

    4. Time of fee obligation and payment.

    a. After the effective date of the ordinance codified herein, any person or government body who undertakes development requiring a building permit within unincorporated St. Tammany Parish shall be obligated to pay a drainage impact fee, pursuant to the terms of this Drainage Impact Fee Ordinance. The fee shall be determined and paid in accordance with the following schedule:
            
            (1) Residential Subdivisions _ at the time of Final Plat Approval or within 90 days of recordation of Final Plat if the appropriate security is posted as approved by the Director of Engineering and the Director of Finance. A second 90 day period may be granted if deemed appropriate by the Director of Engineering and the Director of Finance;

            (2) Commercial Subdivisions _ at the time of Final Plat approval if the size of the end user is known, else at the time of the issuance of a building permit. The payment at Final Plat Approval may be deferred for a period of 90 days of recordation of Final Plat if the appropriate security is posted as approved by the Director of Engineering and the Director of Finance. A second 90 day period may be granted if deemed appropriate by the Director of Engineering and the Director of Finance. If the end user is unknown, or the square footage of the end user is altered the balance of the fee shall be paid at the time of the issuance of a building permit;

            (3) Individual Commercial or Residential Structures - at the time of issuance of a building permit for the development.

    b. If any credits are due pursuant to subsection 8, they shall also be determined at that time. The fee shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire development. If the fee is imposed for a change in use, the fee shall be determined by computing the difference in the fee schedule between the new development and the existing development. The obligation to pay the impact fee shall run with the land.

    5. Exemptions.


        The following shall be exempt from the terms of this Drainage Impact Fee Ordinance. An exemption must be claimed by the Fee Payer at the time of application for a building permit.

        a. Alterations or expansion of an existing building where no additional dwelling units are created, the use is not changed and no additional impervious cover is created.

        b. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above that produced by the principal building or use of the land.

        c. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use provided that no additional impervious cover is created.

        d. Any development for which a completed application for a building permit was submitted prior to the effective date of the ordinance codified herein, provided that the construction proceeds according to the provisions of the permit and the permit does not expire prior to the completion of the construction.

        e. Any conditional use, Planned Unit Development (PUD), or subdivision for which a public hearing has been held prior to the effective date of the ordinance codified herein, provided that the construction proceeds according to the provisions of the conditional use or subdivision approval within specified time lines. (Amended by Ord. No. 05-1038, adopted 01/06/05)

        f. Any development which has an approved voluntary developmental agreement in place as of the effective date of this ordinance.

        g. Structures associated with uses recognized as agricultural by the State of Louisiana.

        h. If a manifestly unreasonable financial hardship is demonstrated by an applicant for a single family residential building permit, as determined by the Road Impact Fee Administrator (R.I.F.A) of St. Tammany Parish, the impact fees relative to transportation and drainage may be waived, subject to the following parameters.

        (1)    A manifestly unreasonable hardship shall be defined as a situation where the demonstrated income of the property owner falls within the parameters set by the most recent U. S. Department of Housing and Urban Development - Public Housing and Section 8 Income Limits for Very Low income (50% of regional median income).

        (2)    Adequate financial documentation shall be presented to the Road Impact Fee Administrator (R.I.F.A) to determine qualifications for said waiver.

        (3    No individual may receive more than a single waiver of said fees.
    
    (Item “h” inserted and remainder renumbered per Ord. No. 05-1069, adopted 03/03/2005)

        i. Procedure for exemption review.


        (1) The determination of any exemption shall be undertaken through the submission of an Application for Exemption, which shall be submitted to the Drainage Impact Fee Administrator (D.I.F.A.).

    (2) If the proposed application involves an exemption for any alteration, expansion or replacement of any existing structure, the following documentation must be provided:

        i. A site survey showing the existing structures and the improvements being proposed; and

        ii. Documentation confirming no additional dwelling units are created, the use is not changed and no additional vehicular trips will be produced over and above that produced by the existing use.

    (3) If the proposed application involves another type of permitted exemption, the following documentation must be provided:

        i. Documents evidencing a completed building permit application being submitted prior to the effective date of the ordinance codified herein, and completion of construction prior to expiration of the building permit issued; or

        ii. Documentation evidencing an approved voluntary developmental agreement in place as of the effective date of this ordinance.

    (4) The Drainage Impact Fee Administrator (D.I.F.A.) shall notify the Parish Council Chair of any Application for Exemption Agreement within three (3) days of receipt of said application.

    (5) Within ten (10) days of receipt of the proposed Application for Exemption Agreement, the Drainage Impact Fee Administrator (D.I.F.A.) shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Drainage Impact Fee Administrator (D.I.F.A.) shall send a written statement to the applicant outlining the deficiencies. The Drainage Impact Fee Administrator (D.I.F.A.) shall take no further action on the proposed Application for Exemption Agreement until all deficiencies have been corrected or otherwise settled.

    (6) Once the Drainage Impact Fee Administrator (D.I.F.A.) determines that the proposed Application for Exemption Agreement is complete, it shall be reviewed within thirty (30) days. The Application for Exemption Agreement shall be approved if it complies with the standards in subsections 5.a. through 5.g. above.

    (7) If the Application for Exemption Agreement is approved by the Drainage Impact Fee Administrator (D.I.F.A.), an Exemption Agreement shall be prepared and signed by the applicant and St. Tammany Parish.

    j. Appeal of exemption decision.

     A Fee Payer affected by the decision of the Drainage Impact Fee Administrator (D.I.F.A.) regarding an exemption may appeal such decision to the Parish Council by filing with the Drainage Impact Fee Administrator (D.I.F.A.), within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Drainage Impact Fee Administrator (D.I.F.A.) shall place such appeal on the Council's agenda for the next regularly scheduled meeting. The Parish Council, after a hearing, shall affirm or reverse the decision of the Drainage Impact Fee Administrator (D.I.F.A.) based on the standards in subsections 5.a. through 5.g. above. If the Parish Council reverses the decision, it shall direct the Drainage Impact Fee Administrator (D.I.F.A.) to grant the exemption in accordance with its findings. The decision of the Parish Council shall be final.

6. Establishment of fee schedule.

    a. Any person who causes the development of land, except those persons exempted or preparing an independent fee calculation study pursuant to subsection 7 hereof, shall pay a drainage impact fee in accordance with the following fee schedule:

                    Drainage Impact Fee Schedule

        Land Use Type             Unit                Fee

        Single-Family Detached    Per Dwelling Unit         $1,609.00

        Multi-Family            Per Dwelling Unit         $ 585.00

        Mobile Home Park        Per Pad             $ 573.00

        Commercial            Per 1000 sq. ft.         $1,170.00

        Industrial            Per 1000 sq. ft.         $ 878.00

    b. If the type of development for which a building permit is requested is not specified on the above fee schedule, the Drainage Impact Fee Administrator (D.I.F.A.) shall determine the fee on the basis of the fee applicable to the most nearly comparable type of land use on the fee schedule.

7. Independent Fee Calculation Study.

    a. The impact fee may be computed by the use of an Independent Fee Calculation Study at the election of the Fee Payer, or upon the request of the Drainage Impact Fee Administrator (D.I.F.A.), for any proposed land development activity interpreted as not one of those types listed on the fee schedule, or as one that is not comparable to any land use on the fee schedule, or for any proposed land development activity for which the Drainage Impact Fee Administrator (D.I.F.A.) concludes the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more or less to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

    b. The preparation of the Independent Fee Calculation Study shall be the sole responsibility and cost of the Fee Payer.



    c. Any person who requests to perform an Independent Fee Calculation Study shall pay an application fee for administrative costs associated with the review and decision on such Study.

    d. The Independent Fee Calculation Study for the drainage impact fee shall be calculated by the use of the following formula:

        FEE            =    SF x NET COST/SF

        SF            =    Square feet of impervious cover

        NET COST SF        =    COST/SF - GRANT/SF - REV/SF

        COST SF        =    Cost per square foot of impervious cover, calculated to be
                        $0.633 in the Drainage Impact Fee Study

        GRANT/SF        =    Grant funding credit per square foot of impervious cover, calculated to be $0.048 in the Drainage Impact Fee Study

        REV/SF        =    Revenue credit per square foot for drainage district or other taxes or fees used for improvements to the Major Drainage System, calculated as the net present value of future payments over a 20-year period.
    
    e. The fee calculation shall be based on data, information or assumptions contained in this Drainage Impact Fee Ordinance or independent sources.

    f. Procedure.

    (1) An Independent Fee Calculation Study shall be undertaken through the submission of an application for an independent fee calculation. A potential Fee Payer may submit such an application. The Drainage Impact Fee Administrator (D.I.F.A.) may submit such an application for any proposed land development activity interpreted as not one of those types listed on the above fee schedule, or as one that is not comparable to any land use on the fee schedule, or for any proposed land development activity for which it is concluded the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more or less to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

    (2) Within ten (10) days of receipt of an application for Independent Fee Calculation Study from a fee payer, the Drainage Impact Fee Administrator (D.I.F.A.) shall determine if the application is complete. If the Drainage Impact Fee Administrator (D.I.F.A.) determines that the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The Drainage Impact Fee Administrator

(D.I.F.A.) shall take no further action on the application until it is deemed complete.

    (3) When the Drainage Impact Fee Administrator (D.I.F.A.) determines that the application is complete, the application shall be reviewed and the Drainage Impact Fee Administrator (D.I.F.A.) shall render a written decision in thirty (30) days on whether the fee should be modified and, if so, what the amount should be, based on the standards in subsection 7.g. below.

        g. Standards.

        If, on the basis of generally-recognized principles of impact analysis, it is determined that the data, information and assumptions used by the applicant to calculate the Independent Fee Calculation Study satisfy the requirements of this subsection 7, the fee determined in the Independent Fee Calculation Study shall be deemed the fee due and owing for the proposed development. The adjustment shall be set forth in a Fee Agreement. If the Independent Fee Calculation Study fails to satisfy the requirements of this subsection, the fee applied shall be that fee established for the development in subsection 6 above.

        h. Appeal of decision.

        (1) A Fee Payer affected by the administrative decision of the Drainage Impact Fee Administrator (D.I.F.A.) on an Independent Fee Calculation Study may appeal such decision to the St. Tammany Parish Council, by filing with the Drainage Impact Fee Administrator (D.I.F.A.) within ten (10) days of the date of the written decision a written notice stating and specifying briefly the grounds of the appeal. The Drainage Impact Fee Administrator (D.I.F.A.) shall place the appeal on the Council's agenda for the next regularly scheduled meeting.

        (2) The Parish Council, after hearing, shall have the power to affirm or reverse the decision of the Drainage Impact Fee Administrator (D.I.F.A.). In making its decision, the Council shall specify the reasons for its decision and apply the standards in subsection 7.g. above. If the Council reverses the decision of the Drainage Impact Fee Administrator (D.I.F.A.), it shall direct the Administrator to recalculate the fee in accordance with its decision. In no case shall the Council have the authority to negotiate the amount of the fee or waive the fee. The decision of the Council shall be final and not subject to further administrative appeal.

    8. Credits.

        a. Any person subject to the Drainage Impact Fee Ordinance may apply for credit against drainage impact fees otherwise due, up to but not exceeding the full obligation for impact fees proposed to be paid pursuant to the provisions of this Drainage Impact Fee Ordinance, for any contributions, construction or dedication of land accepted or received by St. Tammany Parish for improvements to the Major Drainage System, and for the cost of installing on-site storm water detention ponds, except as provided in subparagraph c. hereinbelow.


        b. Credits for contributions, construction or dedication of land for improvements on the Major Drainage System shall be transferable within the same development, but shall not be paid for other public facilities. The credit shall not exceed the amount of the impact fees due and payable for the proposed development.

        c. St. Tammany Parish may enter into a Capital Contribution Front-Ending Agreement with any person who proposes to construct improvements to the Major Drainage System. To the extent that the fair market value of the construction of these Drainage Capital Improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this subsection 8, the Capital Contribution Front-Ending Agreement shall provide proportionate and fair share reimbursement linked to new growth and development's use of the Drainage Capital Improvement constructed.

        d. Credit shall be in an amount equal to fair market value of the land dedicated for right-of-way at the time of dedication, the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made for construction of an improvement to the Major Drainage System.

        e. Credits may include any dedication, construction, or contributions made by outside parties subject to the limitations of this section.

        f. Procedure for credit review.

        (1) The determination of any credit shall be undertaken through the submission of an Application for Credit Agreement, which shall be submitted to the Drainage Impact Fee Administrator (D.I.F.A.).

        (2) If the proposed application involves a credit for any contribution, the following documentation must be provided:

            i. A certified copy of the development approval in which the contribution was agreed;

        ii. If payment has been made, proof of payment; or

        iii. If payment has not been made, the proposed method of payment.

    (3) If the proposed application involves credit for the dedication of land:

        i. A drawing and legal description of the land;

        ii. The appraised fair market value of the land at the date a building permit is proposed to be issued for the land development activity, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers (SRA), and if applicable, a certified copy of the development permit in which the land was agreed to be dedicated.

    (4) If the proposed Application for Credit Agreement involves construction:


        i. The proposed plan of the specific construction prepared and certified by a duly qualified and licensed Louisiana engineer or contractor;

        ii. The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one (1) year after completion of construction, costs of plans and specifications, surveys of estimates of costs and of revenues, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.

    (5) The Drainage Impact Fee Administrator (D.I.F.A.) shall notify the Parish Council Chair of any Application for Credit Agreement within three (3) days of receipt of said application.

    (6) Within ten (10) days of receipt of the proposed Application for Credit Agreement, the Drainage Impact Fee Administrator (D.I.F.A.) shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Drainage Impact Fee Administrator (D.I.F.A.) shall send a written statement to the applicant outlining the deficiencies. The Drainage Impact Fee Administrator (D.I.F.A.) shall take no further action on the proposed Application for Credit Agreement until all deficiencies have been corrected or otherwise settled.

    (7) Once the Drainage Impact Fee Administrator (D.I.F.A.) determines that the proposed Application for Credit Agreement is complete, it shall be reviewed within thirty (30) days. The Application for Credit Agreement shall be approved if it complies with the standards in subsections 8.a. through 8.d. above.

    (8) If the Application for Credit Agreement is approved by the Drainage Impact Fee Administrator (D.I.F.A.), a Credit Agreement shall be prepared and signed by the applicant and St. Tammany Parish. It shall specifically outline the contribution, payment, construction or land dedication, the time by which it shall be completed, dedicated or paid, and any extensions thereof and the dollar credit the applicant shall receive for the contribution, payment or construction.

    g. Appeal of credit decision.

    A Fee Payer affected by the decision of the Drainage Impact Fee Administrator (D.I.F.A.) regarding credits may appeal such decision to the Parish Council by filing with the Drainage Impact Fee Administrator (D.I.F.A.), within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Drainage Impact Fee Administrator (D.I.F.A.) shall place such appeal on the Council's agenda for the next regularly scheduled meeting. The Parish Council, after a hearing, shall affirm or reverse the decision of the Drainage Impact

Fee Administrator (D.I.F.A.) based on the standards in subsections 8.a. through 8.d. above. If the Parish Council reverses the decision, it shall direct the Drainage Impact Fee Administrator (D.I.F.A.) to readjust the credit in accordance with its findings. The decision of the Parish Council shall be final.

9. Fee Expenditures.

    a. St. Tammany Parish shall establish a Drainage Impact Fee Escrow Account for the purpose of ensuring that Fee Payers receive sufficient benefit for drainage impact fees paid.

    b. All drainage impact fees collected by St. Tammany Parish shall be immediately deposited into the Drainage Impact Fee Escrow Account.

    c. All proceeds in the Drainage Impact Fee Escrow Account not immediately necessary for expenditure shall be invested in an interest-bearing account. All income derived from these investments shall be retained in the Escrow Account. Records of the Drainage Impact Fee Escrow Account shall be available for public inspection.

    d. Each year, at the time the annual budget is reviewed, the Drainage Impact Fee Administrator (D.I.F.A.) shall recommend appropriations to be spent from the Escrow Account to the Parish Council. After review of the recommendation, the Council shall approve or modify the recommended expenditures of the Escrow Account monies. Expenditures shall be made from the Escrow Account only for improvements to the Major Drainage System. Any amounts not appropriated from the Escrow Account, together with any interest earnings, shall be carried over to the following fiscal period.

    e. Each year, the Drainage Impact Fee Administrator (D.I.F.A.) shall prepare a report to the Parish Council identifying the expenditures of the previous year for the projects for which the Council approved funds.

10. Refunds.

    a. Refund of fees not spent: Any fees collected shall be returned to the Fee Payer or the Fee Payer's successor in interest if the fees have not been spent within ten (10) years from the date the building permit for the development was issued, along with interest of five percent (5%) a year. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent.

    b. Refund procedure: The refund shall be administered by the Drainage Impact Fee Administrator (D.I.F.A.), and shall be undertaken through the following process:

    (1) A Refund Application shall be submitted within one (1) year following the end of the tenth year from the date on which the building permit was issued on the proposed development. The Refund Application shall include the following information:

        i. A copy of the dated receipt issued for payment of the fee;

        ii. A copy of the building permit; and


        iii. Evidence that the applicant is the successor in interest to the fee payer.

    (2) Within ten (10) days of receipt of the Refund Application, the Drainage Impact Fee Administrator (D.I.F.A.) shall determine if it is complete. If the Drainage Impact Fee Administrator (D.I.F.A.) determines that the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected, the Drainage Impact Fee Administrator (D.I.F.A.) shall take no further action on the Refund Application.

    (3) When the Drainage Impact Fee Administrator (D.I.F.A.) determines that the Refund Application is complete, it shall be reviewed within thirty (30) days, and shall be approved if it is determined that the Fee Payer or a successor in interest has paid a fee which has not been spent within the period of time permitted under this Drainage Impact Fee Ordinance. The refund shall include the fee paid plus interest of five percent (5%) a year.
    
    c. Appeal of refund decision: A Fee Payer affected by a decision of the Drainage Impact Fee Administrator (D.I.F.A.) may appeal such decision to the Parish Council by filing with the Drainage Impact Fee Administrator (D.I.F.A.), within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Drainage Impact Fee Administrator (D.I.F.A.) shall place such appeal on the Council's agenda. The Council, after a hearing, shall affirm or reverse the decision of the Drainage Impact Fee Administrator (D.I.F.A.) based on the standards in this subsection 10. If the Parish Council reverses the decision of the Drainage Impact Fee Administrator (D.I.F.A.), it shall direct the Administrator to readjust the refund in accordance with its findings. In no case shall the Council have the authority to negotiate the amount of the refund. The decision of the Parish Council shall be final.

11. Periodic Review.

    At least once every five (5) years, the Drainage Impact Fee Administrator (D.I.F.A.) shall recommend to the Parish Council whether any changes should be made to the Drainage Impact Fee Study and the ordinance codified herein. The purpose of this review is to analyze the effects of inflation on actual costs, to assess potential changes in needs, to assess any changes in the characteristics of land uses, and to ensure that the drainage impact fees will not exceed a proportionate share of the costs attributable to new development.
                    
(Ord. No. 04-0990, adopted 11/04/2004 - effective January 1, 2005)

(C)    Public Works:

     a. Acceptance fee, roads, per application

50.00

     b. Flood zone verification . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 50.00
            (Building permit applications are exempt from this fee)

(Ord. No. 88-975, adopted 07/21/88; Ord. No. 89-1026, adopted 01/09/89; Ord. No. 89-1101, adopted 06/19/89; Ord. No. 89-1160, adopted 10/19/89; Ord. No. 89-1175, adopted 10/30/89; Ord. No. 90-1369, adopted 11/15/90; Ord. No. 90-1388, adopted 12/20/90; Ord.

No. 91-1530, adopted 11/21/91; by Ord. No. 96-2405, adopted 04/18/96; Ord. No. 97-2689, adopted 07/24/97)

(D)    Culture and Recreation:

     A. Library fines and fees (See Chapter 19):
         1. Late fine:
             Per day

0.05

            Per book
1.00

            Library card replacement, each
1.00

            Book damage, minimum
0.50

            Microfilm rental, per roll
3.00

    
(E)    Government Access Channel:

    St. Tammany Parish Government Access Channel (GAC-TV) provides duplication (dubbing) of master program tapes of regularly scheduled public meetings, special public meetings (if they are videotaped), and programs produced in-house. No program will be duplicated prior to being cablecast over the Government Access Channels.

    No facilities will be made available for viewing master program tapes.

    Under no circumstance will master video tapes be permitted to leave the GAC-TV office.

    All dub requests must be in writing, and paid for in advance (NO EXCEPTIONS). Dubs will be completed in the order in which they are received in the GAC-TV office.

    The time given for completion of dubs is estimated and not guaranteed.

    Duplication (dubs) will be done only as duplicating equipment and staff are available during regular work hours (8:00 A.M. - 4:30 P.M.) Monday through Friday. Under no circumstance will overtime be incurred for duplication requests.

    GAC-TV fees for video tape duplication (straight VHS dubs only, no editing out segments):

        0-1 hour programs                               15.00

        1-2 hour programs                                 20.00

        2-3 hour programs                             25.00
        
        3-5 hour programs                                  30.00

        5-6 hour programs                                 35.00

    Other Charges:


    A surcharge of $250.00, in addition to duplication fees, will be charged for duplication of all St. Tammany Parish tapes that have been archived with the Secretary of State, State of Lousiana.
    
    Delays/priority

    Requests by St. Tammany Parish staff will take priority over all dub requests and may cause a delay in completion time.

    St. Tammany Parish staff will not be responsible for delays in completing dub requests caused by equipment and technical problems.

        
    St. Tammany Parish staff will not be held responsible for program tapes found damaged or missing from tape files, or tapes that have incurred technical problems, such as partial loss of audio and/or video during taping of programs.

(Ord. No. 97-2689, adopted 07/24/97, amended by Ord. no. 03-0798, adopted 12/04/2003))

(F)    Service Monitoring Fee

    1. A uniform service monitoring fee of two percent (2%) on gross sales derived from the unincorporated portions of St. Tammany Parish is hereby imposed on all municipally owned utility companies currently operating in the Parish without a valid, written service agreement, on all renewed service agreements with municipal utility companies currently operating in the Parish with a valid, written service agreement, and on all publicly owned utility companies that wish to establish a franchise service area in unincorporated portions of St. Tammany in the future pursuant to La. R.S. 33:4361, said service agreement fee is being imposed to fund the monitoring of all activities associated with the placement and location of public utilities in Parish rights- of-way.

    2. The service agreement fee will be computed according to a two percent (2%) schedule and payable quarterly on or before April 15 for the first quarter, July 15 for the second quarter, October 15 for the third quarter, and January 15 for the fourth quarter. Attached to the payment of the franchise fee will be a statement showing the gross sales or revenue derived from the unincorporated portions of St. Tammany Parish for the months reported. Delinquent balances shall accrue interest at twelve percent (12%) per annum beginning on the first day following the due date of the payment. (Ord. No. 97-2710, adopted 08/21/97)

Cross Reference: Sec. 12-201.00, Sec. 20-010.11, and Appendix A

(G) Management Information Services

(Ord. No. 05-1161, adopted 08/04/2005)

1.Geographic Information System
The Geographic Information System provides for the preparation and sale of data whether in paper or digital format. This data is a compilation of data from various sources at various scales and accuracy's.

    A. Sale of GIS Data:


    The department of GIS or such other agency as the Director of Management Information Services (primarily known as MIS) shall designate, may develop, implement and maintain a Geographic Information System (GIS) primarily for the use of the various agencies of the Parish and, if authorized by the Director of MIS or a designee, for the limited use of other persons, or entities. The GIS, as the same may be further defined in writing by the Director of MIS, shall be made up of digital data (“GIS data”) electronically created, collected, formatted, manipulated or otherwise maintained by the Parish.

    B. Procedures for Requesting GIS data:
    St. Tammany Parish Department of MIS will not accept any GIS request by telephone. All GIS Data/Map request should use the Data/Map Request Form. (Attached, Exhibit A). All requests must be paid in advance. All requests, must be submitted by postal service, fax, email or in person.

    C. Fees for GIS Data/Maps

    c1.     Fixed Rate Costs (Previously Formatted Digital Images)

Paper Maps/Paper Maps on other Media
30 x 40 Paper   $ 35.00  
8.5 x 11 Paper   $ 5.00  
8.5 x 14 Paper   $ 7.00  
11 x 17 Paper   $ 10.00  
Paper Map on CD Media   $ 7.00  
Paper Map on DVD Media   $ 12.00  
Paper Map on Floppy Disk Media   $ 3.00  

    * If multi-media is required, the charge will be as follows:
The first media will be at the price listed above. The additional media will be charged at an hourly rate of $50.00 an hour (minimum quarter hour billing), plus cost of media.

    c2.     Layers (Digital Source Data Files _ Shapefiles, Imagery, Coverage)
        The St. Tammany Parish GIS information is organized into layers. Below is a list of the layers and their availability at this time. This is the most popular option for engineering, planning and architectural firms that need the source data in digital format for use in their own GIS or CAD software packages. The Parish holds the right to change the contents of this list at any time without notice.

Note: The layers listed below may be requested for production on paper or paper map on media and will be charged at the fixed rate cost above and (if needed) the custom rate cost below.

St. Tammany Parish Coverage Layers   Available   Commercial   Non-Commercial  
Parish Boundary   Yes   $ 500.00   $ 250.00  
Parish Council Districts   Yes   $ 500.00   $ 250.00  
Voting Precincts   Yes   $ 500.00   $ 250.00  
Tax Districts   Yes   $ 500.00   $ 250.00  
Wards   Yes   $ 500.00   $ 250.00  
School Board Districts   No   $ 500.00   $ 250.00  
Sewerage Districts   Yes   $ 500.00   $ 250.00  
Water Districts   Yes   $ 500.00   $ 250.00  
Louisiana Senate Districts (St. Tammany Only)   Yes   $ 500.00   $ 250.00  
Louisiana House of Rep. (St. Tammany Only)   Yes   $ 500.00   $ 250.00  
Lighting Districts   Yes   $ 500.00   $ 250.00  
Enterprise Zones   Yes   $ 500.00   $ 250.00  
Hospital Districts   Yes   $ 500.00   $ 250.00  
Drainage Districts   Yes   $ 500.00   $ 250.00  
Road Districts   Yes   $ 500.00   $ 250.00  
Zoning Districts   Yes   $ 500.00   $ 250.00  
Zoning Linear Features   Yes   $ 500.00   $ 250.00  
6500 Ft. Photo Grid   Yes   $ 500.00   $ 250.00  
Flood Zones (FEMA Q3 Data)   Yes   $ 500.00   $ 250.00  
St. Tammany Parish Coverage Layers (ND2025)   Available   Commercial   Non-Commercial  
Existing Land Use   Yes   $ 500.00   $ 250.00  
Future Land Use   Yes   $ 500.00   $ 250.00  
STATSGO Soils (Detailed Soils)   Yes   $ 500.00   $ 250.00  
Hydric Soils   Yes   $ 500.00   $ 250.00  
Natural Community Habitats   Yes   $ 500.00   $ 250.00  
Flood Zones (FEMA Q3 Data)   Yes   $ 500.00   $ 250.00  
Public Facilities   Yes   $ 500.00   $ 250.00  
Property Layers   Available   Commercial   Non-Commercial  
Lots   Partial   $ 500.00   $ 250.00  
Ownership Hooks   No   $ 500.00   $ 250.00  
Parcels   Partial   $ 500.00   $ 250.00  
Village Owned Parcels   Partial   $ 500.00   $ 250.00  
Survey Related Layers   Available   Commercial   Non-Commercial  
Township and Range   Yes   $ 500.00   $ 250.00  
Sections   Yes   $ 500.00   $ 250.00  
Tammany Trace   Yes   $ 500.00   $ 250.00  
Reference Layers   Available   Commercial   Non-Commercial  
Centerline   Yes   $ 500.00   $ 250.00  
Streets (Line work and Names)   Yes   $ 500.00   $ 250.00  
Hydrology Line   Yes   $ 500.00   $ 250.00  
Hydrology Poly   Yes   $ 500.00   $ 250.00  
Major Regional Roads   Yes   $ 500.00   $ 250.00  
Points of Interest   Yes   $ 500.00   $ 250.00  
Railroad Tracks   Yes   $ 500.00   $ 250.00  
Street Edges   Yes   $ 500.00   $ 250.00  
Municipal Boundaries   Yes   $ 500.00   $ 250.00  
Subdivisions   Yes   $ 500.00   $ 250.00  
Schools   Yes   $ 500.00   $ 250.00  
Parish Barn Sites   Yes   $ 500.00   $ 250.00  
Parish Barn Areas   Yes   $ 500.00   $ 250.00  
            
Watersheds   Yes   $ 500.00   $ 250.00  
Zoning   Yes   $ 500.00   $ 250.00  
Recreation Layers   Available   Commercial   Non-Commercial  
Recreation Districts   Yes   $ 500.00   $ 250.00  
Parks   Yes   $ 500.00   $ 250.00  
Fire Layers   Available   Commercial   Non-Commercial  
Fire Districts   Yes   $ 500.00   $ 250.00  
911 Address Grids   Yes   $ 500.00   $ 250.00  
Fire Stations   Yes   $ 500.00   $ 250.00  
Census Layers   Available   Commercial   Non-Commercial  
Census Blocks 1990   Yes   $ 500.00   $ 250.00  
Census Blocks 2000   Yes   $ 500.00   $ 250.00  
Census Tracts   Yes   $ 500.00   $ 250.00  
Other   Available   Commercial   Non-Commercial  
Contours Lydar (Atlas)   Yes   $ 500.00   $ 250.00  
Spot Elevation Lydar (Atlas)   Yes   $ 500.00   $ 250.00  
Building Footprints   Yes   $ 500.00   $ 250.00  
Address Points   Yes   $ 500.00   $ 250.00  
Cellular Towers   No   $ 500.00   $ 250.00  
Billboards   No   $ 500.00   $ 250.00  
Zip Codes   Yes   $ 500.00   $ 250.00  
USGS Quad Coverage   Yes   $ 500.00   $ 250.00  
Aerials   Available   Commercial   Non-Commercial  
2000/2001   Yes   $ 120.00 p/tile   $ 60.00 p/tile  
(one tile of aerial is 6500' x 6500')        

Due to an existing license agreement, St. Tammany Parish Department of MIS is only authorized to provide copies of the centerline road file with the associated data to other Government agencies.

            c3.     Custom Rate Costs (any image that requires additional effort from staff other than simply running map generating programs.)
    **     The cost of this data will be at an hourly rate of $50.00 per hour (minimum quarter hour billing) plus media, as listed above.

c4.     Postage (if required) will be billed as follows:
         $ 2.00 per package plus postage



    c5.     GIS Data Subscription
        St. Tammany Parish Department of MIS allows for public and private entities to receive regular updates of the GIS data through Bi-Annual or Quarterly updates. St. Tammany Parish Department of MIS charges a fee based on the subscription schedule identified in the table below.

Government Agencies   Number of Updates   Annual Cost  
Quarterly Subscription   4   $ 2,500.00  
Bi-Annual Subscription   2   $ 1,250.00  
     
Private Sector   Number of Updates   Annual Cost  
Quarterly Subscription   4   $ 3,000.00  
Bi-Annual Subscription   2   $ 1,500.00  

    D.     License Required for Digital Source Data Files:
The following information is an overview of information authorized and not authorized in the St. Tammany Parish Geographical Data Licensing Agreement. (Attachment, Exhibit B)

     d1.    It shall be unlawful for any person or entity, other than another governmental entity, to acquire, maintain or use any application GIS data without first obtaining a mutual, signed license agreement (hereinafter “license”) issued by the Director of MIS or designee and in a form prescribed by the same, under the conditions set forth in this section and upon the payment of a fee as also provided for in this section;
     d2.    All GIS licenses issued pursuant to this section shall be executed by the person or entity requesting the GIS data (“licensee”) and shall set forth the purposes for which the licensee intends to use the GIS data. The Director of MIS or a designee shall either approve or deny the licensees proposed use of the data and if such use is approved, the license shall be issued upon the agreement of the licensee that it acknowledges and will comply with the following expressed conditions and understandings;
     d3.    The licensee will not copy, reproduce, disseminate, transmit, license, sublicense, assign, lease, release, publish, post on the internet, transfer, sell, allow the use of, permit access to, distribute, allow interactive rights to, or otherwise make the GIS data available to any other person or entity in any form whatsoever, except as specifically provided for in the license and authorized by the Director of MIS;
     d4.    The licensee will keep and maintain the GIS data in a secure manner, will keep a record of the location of the GIS data, and will return the GIS data to the Parish or destroy the GIS data and inform the Parish of the same upon the cessation of the use of the GIS data;
     d5.    The licensee guarantees and has an ongoing and continual duty to notify any employees, agents, contractors or other individuals having access to the GIS data as a part of the licensee's authorized use of the GIS data of the restrictions set forth in this section and in the license, and to ensure that the employees, agents, contractors or other individuals comply with the same;
     d6.    The licensee acknowledges and understands that the GIS data is not a legally recorded map, survey, or legal document and that the GIS data

may contain errors; the GIS data is for reference only and the licensee will not use or rely upon the GIS data in any other way;
     d7.    The licensee acknowledges and understands that the Parish has provided the GIS data on an “AS IS” basis and makes no representations, guarantees, or warranties regarding this GIS data whatsoever, including but not limited to representations, guarantees or warranties that the GIS data is fit for any purpose or is accurate, complete or correct; and further that the Parish expressly disclaims any and all liability of any nature whatsoever arising out of any use of the GIS data by the licensee or by any other person or entity; licensee specifically releases the Parish from any claims or losses related hereto;
     d8.    The licensee shall defend, release, indemnify and save and hold harmless the Parish and its officers, agents and employees from any and all claims, damages, demands, liabilities, losses, actions, suits, costs, expenses, legal fees, judgments, causes of action or other legal, equitable or administrative proceedings of any kind whatsoever, of or by anyone whomsoever, regardless of the legal theory(ies) upon which premised, which in any way result from, are connect with, or arise out of, directly or indirectly, the actions or omissions of the licensee in connection with any use of the GIS data obtained by the licensee or any other person or entity, including actions or omissions of the licensee's officers, employees, agents, representatives, invitees, licensees, sub consultants, or any other individual obtaining access to the GIS data provided by the Parish to the licensee;
        d9.    The licensee will, upon request from the Parish, use its best efforts to assist the Parish in identifying any unauthorized use of the GIS data by any person or entity that may have gained possession of the GIS data provided by the Parish to the licensee;
        d10.    The licensee understands that any person who violates the terms and conditions of this Ordinance by failing to pay or violating any portion of this Ordinance, shall be guilty of an infraction and may be fined Twenty Five Thousand dollars ($25,000.00), plus a reasonable attorney fee, all Parish administrative costs and court costs. In the event there are multiple violations, each violation will be deemed a separate offense;
        d11.    If any copying or reproduction of the GIS data is specifically provided for in the license and authorized by the Director of MIS or designee, the licensee shall affix a copyright and limitation on use notice, in the form, manner and location as is specified in the license, to all copies or reproductions of the GIS data that the licensee guarantees;

    E.     Third Party Access:
        If it is necessary for Licensee to make the GIS data available to agents, contractors, consultants or other third parties for licensee's business purposes, licensee must obtain from 'each' agent, contractor, consultant or other third party a signed copy of the St. Tammany Parish Government Geographical Data Licensing Agreement. (Attachment, Exhibit B)

    F.     Data Sharing:
        The following information is an overview of information authorized and not authorized in the attached St. Tammany Parish Geographical Data Licensing Sharing Agreement. (Attachment, Exhibit C)



        f1.    When it is in the best interest of St. Tammany Parish Government and other parties or entities to enter into an agreement to share data, a GIS Sharing Agreement will be required.
        f2.    Licensee and St. Tammany Parish agrees to reformat, reproject and copy the digital maps, at no cost to the licensee, and to permit the licensee to use said digital maps for the purposes of maintaining and updating a digital GIS layer, provided that the licensee does not reformat or copy or distribute the digital maps and otherwise complies with the terms of this agreement.
        f3.    The Licensee agrees to update, maintain and provide at no cost to St. Tammany Parish Government the digital GIS data developed using their GIS.
        f4.    The licensee agrees to update files and deliver to the Parish in ArcView format (SHP) quarterly.
        f5.    The licensee agrees that the digital maps will not be reformatted or copied, nor be further reproduced, distributed or permitted to be used by any other person, firm, corporation, association or entity.
        f6.    Failure to fulfill the terms of the sharing agreement will result in payment in full for the cost of the layers provided, as part of the agreement.

G.     Deposit of Funds:
    St. Tammany Parish Government GIS department previously established the St. Tammany Parish Mapping Fund. All fees collected under this Ordinance shall be deposited in this fund. All monies in the Mapping Fund shall be used to replenish supplies used to fill data request.

H.     Miscellaneous:
    The digital maps provided by the Parish shall remain the property of the Parish, which shall retain all rights commensurate with ownership, including the right to sell, release, license, and use or provide the digital maps to others as it deems appropriate in its sole discretion.

I.      Venue:
    In the event of a dispute, all claims shall be brought in the 22nd Judicial District Court in the Parish of St. Tammany.
(Ord. No. 05-1161, adopted 08/04/2005)


SEC.

2-010.00 Communication District No. 1


    (1)     Established: There is established a Communication District entitled "St. Tammany Communication District No. 1 which shall comprise all of the territory lying wholly within the Parish. The District shall be a political and legal subdivision of the State, with power to sue and be sued in its corporate name and to incur debt and issue bonds. The issuance of debt shall be as prescribed in R.S. 33:9101.

    (2)     Purpose:     The purpose of the District is to shorten the time required for a citizen to request and receive emergency aid. The District is to establish the number 911 as the primary emergency telephone number for use by the Dis trict.



    (3)     Appointment of Board of Commissioners:    The Board of Commissioners shall be comprised of seven (7) members. There shall be six (6) members nominated and appointed by the Parish Council. There shall be one (1) member nominated and appointed by the Parish President. Appointments shall be as follows:

            1.    One (1) member representing the Parish Governing Authority;
            2.    One (1) member representing the Parish Sheriff's Office;
            3.    One (1) member representing Parish Hospitals;
            4.    Two (2) members representing Law Enforcement agencies;
            (h) Two (2) members representing Fire Protection Districts.

(Ord. No. 00-0157, adopted 06/01/2000)

    (4)     Compensation: The St. Tammany Communication District No. 1 commissioners may receive a per diem of seventy-five dollars ($75.00) for attendance at regular and special meetings of the commission for a maximum of twenty-four (24) meetings per year payable from the funds of the district. Elected officials of parish government attending meetings as ex-officio members of the commission shall not be eligible for receipt of the per diem.
(Ord. No. 02-0530, adopted 09/05/2002)

    (5) Powers; Methods; Funding: The powers of the commission, methods available, and funding for the District shall be as prescribed in R.S. 33:9103-9106.

    All members must be qualified electors of the Parish. Term shall be prescribed in R.S. 33:9103.

     (Ord. No. 86-620, adopted 05/15/86; amended by Ord. No. 96-2475, adopted 07/18/96; amended by Ord. No. 98-2949, adopted 9/24/98; amended by Ord. No. 00-0109, adopted 02/17/2000 and Ord. No. 00-0157, adopted 06/01/2000)

SEC.

2-010.01 Misuse of 911 Enhanced Emergency Phone System And Penalty



a)    It shall be unlawful for any adult person, without proper cause, to dial into and use the parish enhanced emergency phone system (911) for any purpose other than requesting police, fire, or emergency medical service. Proper cause for use of the parish enhanced emergency system (911) shall be constituted when there is a legitimate and justified purpose for the presence of police, fire, or emergency medical personnel at the location indicated by the 911 generated call. The automatic location identifier and the automatic number within the parish enhanced emergency phone system (911) shall constitute evidence of the location of a violation of this section.

b )     Any adult person violating the provisions of this section shall, upon conviction thereof by a court of law, be punished by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment of not more than thirty (30) days in the parish jail or both.

c)    Any minor violating the provisions of this section shall be dealt with in accordance with juvenile court law and procedure as set out in the Louisiana Statutes Annotated Code of Juvenile Procedure.

d )     Any parent, guardian, or other adult person having the care and custody of a minor found guilty of violating this Section shall be punished by a fine of not less than One Hundred Dollars ($100.00), and not more than Five Hundred Dollars ($500.00).

e )     Each transmission of/and dialing of the parish enhanced emergency phone system telephone number (911) shall constitute a separate offense under the penalties provided for in this Section.

f )     Presumption of violation. In any prosecution charging a violation of any law or regulation governing the use without proper cause of the parish enhanced emergency phone system (911), proof that the home from in which the call was placed that was in violation of any such law or regulation, together with proof that the defendant named in the complaint was, at the time of such violation, the registered owner of such home, shall be considered only presumptive evidence that the registered owner of such home was the person who placed such call without proper cause at the time such violation occurred. (added by Ord. No. 90-1298, adopted 06/21/90)

SEC.

2-010.02 Fixed Location Charge (E-911

)

    The Parish governing authority authorizes St. Tammany Parish Communications District No. 1 Board, pursuant to LSA R.S. 33:9101 et seq., as amended by Act 1029 of the 1999 Louisiana Legislature, the emergency telephone service charge (911 service charge) paid by service users of a fixed location wire line (a/k/a landline telephone exchange service line), whose service address is within the boundaries of the St. Tammany Parish Communications District No. 1, to be converted to a flat fee of $ 0.60 per access line per month for each residential service user and $1.60 per access line per month for each business service user.(Ord. 99-3189, adopted 11/18/99)
(Clerk's Note: The above rates were increased to $1.00 for residential and $2.00 for business when voters approved a proposition on the October 7, 2000 ballot. See Resolution C.S. No. C-0152, adopted 08/03/2000)

SEC.

2-010.03 Wireless Charge (E-911)



    The Parish governing authority authorizes the St. Tammany Communications District No. 1, pursuant to LSA R.S. 33:9106, and Act 1029 of the 1999 Regular Session of the Louisiana Legislature, to begin collecting eighty-five cents ($.85) per month per subscriber per device from wireless service providers providing service within the District.(Ord. 99- 3190, adopted 11/18/99)