UNIFIED DEVELOPMENT CODE

Transcription

1 UNIFIED DEVELOPMENT CODE PARISH OF IBERVILLE, LOUISIANA ADOPTED: JANUARY 18, ORDINANCE IPC #98-00 AMENDED: APRIL 18, ORDINANCE IPC # APRIL 17, ORDINANCE IPC # FEBRUARY 14, ORDINANCE IPC # REVISED: FEBRUARY 28, 2012 Iberville Parish Planning Commission P.O. Box 389 Plaquemine, Louisiana (225)

2 TABLE OF CONTENTS CHAPTER 1 GENERAL PROVISIONS 1 CHAPTER 2 DEFINITIONS 3 CHAPTER 3 ADMINISTRATIVE PROCEDURES 11 CHAPTER 4 PERMITS AND PLAT APPROVAL 13 CHAPTER 5 LOTS 23 CHAPTER 6 STREETS AND ROADS 25 CHAPTER 7 UTILITIES 30 CHAPTER 8 DRAINAGE AND FLOOD PROTECTION 35 CHAPTER 9 WAIVERS, VARIANCES, AND EXCEPTIONS 38 CHAPTER 10 ENFORCEMENT AND REVIEW 46 CHAPTER 11 NONCONFORMING 48 APPENDIX A FEE SCHEDULE 49 APPENDIX B MINIMUM LOT SIZE 50 APPENDIX C PRELIMINARY PLAT CHECK LIST 51 APPENDIX D FINAL PLAT CHECK LIST 52 APPENDIX E BUILDING PERMIT CHECK LIST 53

3 1 GENERAL PROVISIONS SECTION AUTHORITY AND PURPOSE: In accordance with the provisions of R.S. 33:101 et seq., and particularly R.S. 33:112, and in order to promote the health, safety, convenience, morals and general welfare of the community, to provide for the proper arrangement, width, naming of streets in relation to other existing or planned streets and to the Master Plan, and to provide for the adequate and convenient open spaces for traffic, vehicular parking, utilities, access of fire-fighting apparatus, recreation, light and air for the avoidance of congestion of population, the following regulations are adopted by the Iberville Parish Planning Commission and the Iberville Parish Council. Subject to the exceptions hereinafter provided, any sale or contract of sale or agreement to purchase any lot or division of land either by lot description or by metes and bounds shall constitute a subdivision of land and shall require submission of a plat to the Planning Commission as required by law before sale or purchase agreement and before the delivery of a deed. 1.2 SUBDIVISION OF LAND: Every subdivision of land, site, or tract, as outlined in the definitions in Chapter 2, within the jurisdiction of the Parish of Iberville, except industrial areas as defined, shall be shown upon a plat and submitted to the Planning Commission for approval or disapproval. Any plat which has been approved by the Planning Commission and endorsements shown thereon shall be recorded in the Office of the Clerk of Court of the Parish of Iberville, and no lots shall be sold from such plat unless and until approved. No street number or building permit shall be issued for the erection of any building in the above limits on any property other than on an original or resubdivided lot in a duly approved and recorded subdivision without the written approval of the Planning Commission, or its authorized representative. Public money shall not be expended for the maintenance of streets, sewers, or other improvements until those improvements have been accepted by the Department of Public Works and the plan, plot, or replot of such land shall have been approved by the Planning Commission, Parish Council, and recorded in the office of the Clerk of Court of the Parish of Iberville. These regulations shall not apply to: A. Land in subdivisions previously subdivided and legally recorded prior to the effective date of this code, except in the case of resubdivision. B. The subdivision of land to be used for agriculture, including orchards, forestry, or the raising of crops, provided that the Chairperson or Secretary of the Planning Commission certifies 1

4 upon the plat that such land is to be used only for orchards, forestry, or the raising of crops. C. Small parcels of land sold or exchanged between adjoining property owners, where such sale or exchange does not create a new building site or additional lot provided that the Chairperson or Secretary of the Planning Commission certifies to such upon the plat. 1.3 CONSTRUCTION OR REMODELING: Property owners shall be required to obtain a building permit before starting any form of construction on properties which include commercial buildings, homes, major remodeling, placement of manufactured homes, etc., but such requirement is not limited to the above. 1.4 EXCLUSIONS: These regulations apply to the entire area of the Parish of Iberville except the corporate limits of Plaquemine, White Castle, Grosse Tete, Rosedale, Maringouin, and St, Gabriel. 2

5 2 DEFINITIONS SECTION ALLEY: A dedicated right-of-way not less than twenty (20) feet in width to provide secondary access to the back or side of properties. 2.2 BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. 2.3 BOND: Any form of surety bond in an amount and form satisfactory to the Parish Council. All bonds shall be approved by the Parish Council whenever a bond is required by these regulations. 2.4 BUILD: The erection, conversion, enlargement, or structurally altering a building or structure. 2.5 BUILDING: A roofed structure for use by persons or animals or any structure which is incidental but essential to the function of the primary structure or structures. 2.6 BUILDING INSPECTOR: The officer or duly authorized representative of the Parish Council charged with the enforcement of the Parish Building Codes and Subdivision Regulations. 2.7 CAMP: A building used primarily as a temporary residence or shelter for not more than four (4) consecutive days per week, but not intended as a permanent dwelling. 2.8 CAPITAL IMPROVEMENT PLAN: A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (10-20). Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities. 2.9 COLLECTOR ROADS: A road intended to move traffic from local roads to secondary arterial roads. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it. 3

6 2.10 CONCURRENCY: Requirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development units CONDOMINIUM: A unit available for sale in fee simple contained in a multioccupancy project subject to covenants and restrictions placing control over the common facilities in an elected board CONSTRUCTION PLAN: The maps of drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat CONTIGUOUS: Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot CUL-DE-SAC: A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement COMMON AREA: Any portion of a development that is not part of a lot or tract and is designated for the common usage of the development. These areas include Green Open Spaces and may include such other uses as parking lots and pedestrian walkways. Maintenance of such areas are not the responsibility of the Parish and shall be set forth by the Development Association in the form of Restrictive Covenants, which shall guarantee the maintenance of these areas DESIGN CRITERIA: Standards that set forth specific improvement requirements DEVELOPMENT: Any man-made change in improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials DWELLING: A building entirely for residential purposes and shall be construed to include trailers, mobile, or manufactured homes: A. A single-family dwelling is a building that contains only one (1) living unit including attached buildings in the case of town houses. B. A multi-family dwelling is a building that contains more than one (1) living units EASEMENT: Authorization by a property owner for another to use the owner's property for a specified reason. 4

7 2.20 EXACTIONS: Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval FINAL PLAT: The map of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as described in these regulations FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation of runoff of surface waters from any source FLOOD PLAIN OR FLOOD ZONE: An area located within the 100-year flood plain as determined by the Department of Public Works FINISHED GRADE: The average level of the finished surface of a structure more than five (5) feet from a street line FRONTAGE: That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot FRONTAGE STREET: Any street to be constructed by the developer or any existing street where development shall take place on both sides GRADE LEVEL: The average level of the finished or natural surface of the ground area adjacent to the exterior walls of a building HIGHWAY, Limited Access: A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway IMPACT FEE: A fee imposed on new development by the local government pursuant to this article in order to mitigate the impacts on community facilities created by the demand for capital improvements by the new development. Impact fees do not include the dedication of rightsof-way or easements for such facilities, or the construction of such improvements INDIVIDUAL SEWERAGE DISPOSAL SYSTEM: A septic tank, mechanical treatment system, or any other approved sewage treatment device INDUSTRIAL: Areas where manufacturing, chemicals, refining, warehousing, open storage, and similar industrial facilities will be the dominant use. 5

8 2.32 LEVEE: A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding LOCAL ROAD: A road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes LOT: A parcel of real property intended as a single building site for the transfer of ownership or for development, with a separate and distinct number or designation shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established meeting the minimum requirements of these regulations. Every lot must front upon a public street or provide for dedicated private access, either of which shall meet the minimum requirements of these regulations MAJOR STREET: A street which serves or is intended to serve as a major way and is shown on a major street plan adopted by the Planning Commission, or a revision thereof MAJOR STREET PLAN: A plan delineating a system of streets adopted by the Planning Commission and includes all subsequent revisions or extensions MANUFACTURED HOME: A structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities MANUFACTURED HOME PARK OR SUBDIVISION: A subdivision (see SUBDIVISION) which is primarily used by manufactured homes or which is designed as such MASTER PLAN/OFFICIAL MAP: A theoretical plan governing the physical development of Iberville Parish composed of all land development regulations including land use, subdivision regulations, roadways, public facilities, and public improvements NONCONFORMING: Any structure, use, or lot which is inconsistent with the provisions of the Unified Development Code or any amendments thereto, and which preexisted the adoption of the Subdivision Regulations or any Ordinance or amendments thereof OPEN SPACE: Areas where agricultural, forestry, mining, water, scattered low density residential development, or undeveloped land in rural areas is dominant ORDINANCE: Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance OWNER: The record owners of the fee or a vendee in possession including any 6

9 person, group of persons, firm or firms, corporation or corporations, or any legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of Same Ownership PLANNED DEVELOPMENT: A tract of land under single, corporate, partnership, or association ownership, planned and developed as an integral unit in a single development operation or a definitely programmed series of development operations and according to an approved development plan PLOT: A portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or a for building development PRELIMINARY PLAT: The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval PRIMARY ARTERIAL: A road intended to move through traffic to and from centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic PUBLIC HEARING: An adjudicatory proceeding held by the Planning Commission preceded by published notice and actual notice to certain persons and at which certain persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating that the plat approval should or should not be granted. Witnesses shall be sworn and subject to cross-examination. The rules of civil procedure binding on the courts shall not, however bind the Planning Commission RECOUPMENT: The imposition of an impact fee to reimburse the local government for capital improvements previously oversized to serve new development RESUBDIVISION: The rearrangement of lots of record, either the consolidation of smaller lots into larger lots or the reduction of larger lots into smaller lots provided such rearrangement meet the minimum lot size as required by the current Sanitary Code of the State of Louisiana RIGHT-OF-WAY: A strip of ground dedicated by the subdivider for public use, title to which shall rest in the public for the purpose stated in the dedication ROAD, Classification: For the purpose of providing for the development of the streets, highways, roads, and rights-of-ways in the Parish, and for their future improvement, 7

10 reconstruction, realignment, and necessary widening, including provisions for curbs and sidewalks, each existing street, highway, road, and right-of-way and those located on approved and filed plats. The classification of each street, highway, road, and right-of-way is based upon its location in the Parish and its presents an estimated future volume of traffic and its relative importance and function as specified in the Master Plan. outlet ROAD, Dead End: A road or a portion of a road with only one (1) vehicular traffic 2.54 ROAD RIGHT-OF-WAY WIDTH: The distance between property lines measured at right angles to the center line of the street RURAL: All of the area within the boundary of the Parish of Iberville, exclusive of the incorporated municipalities SANITARIAN: The duly authorized representative of the State Health Officer assigned by the Louisiana Department of Health and Hospitals, Office of Public Health (D.H.H.) (DPH) to serve as Chief Sanitarian of the Parish of Iberville SANITARY SEWERAGE SYSTEM: Any and all of the components, including piping, plumbing, and treatment facilities designed for the collection and/or treatment and/or disposal of sewerage SERVITUDE: A strip existing or to be reserved by the subdivider for public utilities, drainage, or other public purposes, the title to which shall remain in the possession of the property owner, subject to the right of use designated in the reservation of the servitude; or a strip of ground designated or intended to be used for access to building sites STREET: A right-of-way dedicated to public use which provides vehicular and pedestrian access to adjacent properties SITES OR TRACTS: Those parcels of five (5) or more acres on which two (2) or more multi-family buildings, office buildings, shops, or store buildings, warehouses, or other commercial or industrial buildings are to be developed whether or not such sites or tracts front upon a public street, and whether or not such buildings are to be retained by the developer, sold, leased, or rented SUBDIVISION: The division of a lot, tract, or parcel of land into two (2) or more lots, plots, parcels, or buildings sites for the purpose of sale, lease, rent, or building development, either immediate or future. It also includes the resubdivision or rearrangement of one or more lots, plots, parcels, or building sites on land heretofore approved and divided into lots, plots, sites, or parcels. Further, it includes the dedication, granting of construction of a road, highway, street, alley, or servitude through a tract of land regardless of area. 8

11 2.62 SECONDARY ARTERIAL: A road intended to collect and distribute traffic in a manner similar to a primary arterial, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary educational facilities, hospitals, major recreation areas, churches, and offices and are designated to carry traffic from collector streets to the system of primary arterial roads SETBACK: The distance between a building and the street line nearest to the building STREET: See ROAD STRUCTURE: Anything constructed or erected TOWN HOUSES: Two or more attached living units with common or party side walls between units, designated so that each unit may be sold independently as a lot with its own yards and parking spaces TRACT: The term is used interchangeably with the term "lot," particularly in the context or subdivision, where "tract" is subdivided into several lots, parcels, sites, units, plots, etc TRAILER OR MOBILE HOME: (see MANUFACTURED HOME) 2.69 TRAILER PARK: (see MANUFACTURED HOME PARK) 2.70 VARIANCE: A relaxation of the requirements of the Unified Development Code where such a variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship upon the applicant VESTED RIGHTS: Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed VIOLATION: A failure to be fully compliant with the requirements of the adopted Unified Development Code and which may result in penalties against the owner WAIVER: A grant of relief to a property owner from the requirements of the Unified Development Code YARD: The open space on the same lot or tract as a building: except as provided herein it is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building. 9

12 A. Front yard is the area from one side lot line to the other side lot line and between the required front building line or main building and the street right-of-way line. B. Rear yard is the area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard. C. Side yard is the area from the front yard line to the rear yard line, and from the main building to a side lot line ZERO LOT LINE: Single-family, detached housing which has only one (1) side yard. The Zero lot Line must be designated on the approved subdivision plat and the exterior wall constructed on the zero lot line shall be a one (1) hour fire UL rated wall with no openings. A five (5) foot private maintenance easement shall be provided on the lot adjacent to the Zero Lot Line for maintenance of the zero lot line wall, and this shall be noted upon the approved subdivision plat. 10

13 3 ADMINISTRATIVE PROCEDURES SECTION COMPOSITION: There shall be a Planning Commission which shall consist of not less than five (5) nor more than nine (9) citizen members appointed and approved by the Iberville Parish Council. Each member shall be appointed for a term of not less than four (4) years. Members may be removed by the Parish Council only for official misconduct or neglect of duty. Membership on the Planning Commission shall be forfeited by any member who has been absent without a valid excuse for more than three (3) meetings, general or special, during one (1) calendar year. Vacancies arising among the appointive members shall be filled by the appointing body for the unexpired portion of the term. The Planning Commission shall also have as Ex-Officio members, the Parish Building Inspector and the Parish Sanitarian. 3.2 ORGANIZATION: The Planning Commission shall adopt rules of procedure in which it shall fix the time for its regular meetings which shall be held at least as frequently as once a month. At the first meeting of January of each year, the members shall elect one of its members to be Chairperson for a term of one (1) year, who shall be eligible for re-election. The Commission shall appoint a Secretary who shall keep a journal of its proceedings, in which shall be recorded all actions taken by the Planning Commission and which shall be a public record. 3.3 POWERS AND DUTIES: The Planning Commission shall constitute a public body with all the powers and duties conferred or imposed on Parish Planning Commissions by the General Laws of the State of Louisiana, except within the corporate limits of any municipality, present or future. 3.4 MASTER PLAN: A plan for the physical development of the Parish of Iberville which shall include, but not be limited to the following elements: A. Land Use B. Zoning (When adopted) C. Roads and Streets D. Drainage 11

14 E. Recreation and Open Space F. Conservation and Environmental Resources G. Public Services and Facilities, including capital improvements The Planning Commission shall draft or have drafted the Master Plan and any amendments thereto, which shall then be submitted to the Iberville Parish Council for adoption. The Parish Council may adopt the plan submitted as a whole or in parts and may adopt any amendments thereto, after not less than one (1) public hearing on the proposed action. The Parish Council shall act on such plan within sixty (60) days of the public hearing. If such plan, or part thereof, be rejected by the Parish Council, the Planning Commission may modify such plan, or part thereof, and again forward it to the Parish Council for adoption. The several elements of the Master Plan shall be coordinated and be internally consistent. Each element shall include policy recommendations for its implementation and shall be implemented, inpart, by the adoption and enforcement of appropriate land development regulations. All proposed subdivisions shall conform to the officially adopted Master Plan. Whenever a tract to be subdivided embraces any part of a public highway, major street, secondary street, or parkway, so designated on any such Master Plan, such proposed public way shall be platted by the subdivider in the same location and at the same width as indicated on the Master Plan. 12

15 4 PERMITS AND PLAT APPROVAL SECTION GENERAL: It is suggested that each subdivider of land confer with the Planning Commission, Parish Director of Public Works, Parish Building Inspector, and Parish Sanitarian before preparing the tentative geometric layout, in order to become thoroughly familiar with the subdivision requirements and the proposal of the official Master Plan effecting the territory in which the proposed land subdivision lies. The Secretary of the Planning Commission shall cause sufficient copies of these regulations to be prepared for distribution to interested parties. 4.2 PERMITS: Owners of property shall secure a building permit from the Parish Building Inspector's Office before starting any form of construction or remodeling on their property, which includes, but is not limited to: commercial buildings, homes, major remodeling, placement of manufactured homes, etc. (See Appendix E) 4.3 PLAN REVIEW: All owners of property requiring a building permit shall submit a detailed site plan to the Parish Building Inspector which includes all information required on the checklist provided by the Building Inspector's Office and a written description of the proposed construction. All owners of land within the limits of said jurisdiction wishing to subdivide land shall submit to the Planning Commission a plat of the proposed subdivision which shall conform to the minimum requirements set forth within the Unified Development Code. No plat of a subdivision lying within such territory or part thereof shall be filed or recorded in the Office of the Iberville Parish Clerk of Court, and no subdivider may proceed with improvements or sale of lot(s) in a subdivision until such subdivision plat shall have been approved by the Planning Commission and Parish Council, and such approval entered in writing upon the plat by the Chairperson or Secretary of the Planning Commission and Chairperson of the Parish Council. 4.4 PROCEDURE: The subdivider or applicant shall present two (2) blue line prints of the proposal to the Parish Building Inspector at a pre-application conference. The Building Inspector will inform the applicant of required items necessary to complete the application package. Any subdivider of land shall follow the review process listed below. A. PRELIMINARY PLAN: After a conference with the Building Inspector, the subdivider shall submit the required application package to the Secretary of the Planning Commission, who shall check the preliminary plan for compliance with the geometric standards and the preliminary plan requirements. Before the Planning Commission approves a request to subdivide or resubdivide 13

16 property, there should be accurate and complete information submitted by the applicant to the Planning Commission which shall assure that the minimum requirements are met. The purpose of the preliminary plan is to show graphically all facts needed to enable the Planning Commission, the Department of Public Works, and other Parish agencies, to determine whether the proposed layout of the land in question is satisfactory from the standpoint of public interest and will meet the requirements of these regulations. Changes may be necessary in the preliminary plan before it can be tentatively approved. Approval of a preliminary plan is a tentative approval only and does not constitute the approval of a record plat. The preliminary plan shall be drawn to a scale of one (1) inch equals one hundred (100) feet or less. If the subdivision contains more than one hundred sixty (160) acres, the preliminary plan may be drawn to a scale of one (1) inch equals two hundred (200) feet. The following items normally will be required to be shown on the preliminary plan: (See Appendix C) 1. TITLE. The title under which the proposed subdivision is to be recorded; the location of the property to be recorded; the location of the property to be subdivided; the name of the owner or owners and/or the subdivider; the name of the engineer, surveyor, or landscape architect, if any, who is platting the tract. The title should read: "Preliminary Plat of "Subdivision Name," "the legal description and township and range." 2. BOUNDARY LINES AND EXISTING IMPROVEMENTS. Boundaries of the subdivision location; width and names of streets adjoining the subdivision; section and township lines; indication of incorporated areas, sewer and water districts, school districts, and any other legally established districts; all watercourses, drainage ditches, flood zones, wooded areas, and other features within the area to be subdivided as well as the same facts regarding adjacent property. 3. ABUTTING PROPERTY. The names of all abutting subdivisions, and the names and record owners of abutting tracts of undivided land. 4. FEATURES OF PROPOSED SUBDIVISION. The proposed location, names and width of streets; layout, and approximate dimensions of lots; any necessary descriptions of lots, servitudes and easements; and location and dimensions of existing buildings, if any; and subdivider's front building lines with setbacks. The lots shall not encroach on major drainage servitudes or rights-of-way and all such servitudes or rights-of-way shall be excluded from lot area. 5. SEWER, WATER LINES, AND DRAINAGE DITCHES. Existing drainage ditches, sanitary and storms sewers, water mains, culverts, and other underground structures within the tract or immediately adjacent; statement of proposed plans for drainage and sewage disposal, including location of proposed culverts and bridges and contours from USGS Quadrangle Maps or better. 14

17 6. PUBLIC UTILITIES. The location of all existing and proposed servitudes and existing and proposed public utilities including storm and sanitary sewers, water, gas, and power lines. 7. STREETS. A statement of the proposed street improvements along with the one hundred (100) year flood level, the inundation level of record, and the design water surface shall be included. 8. SPECIAL USE AREAS. Location and size of proposed parks, playgrounds, church, or school sites or other special uses of land. 9. VICINITY MAP. A key or vicinity map at two thousand (2000) foot scale for subdivisions of more than twenty (20) lots, or at five hundred (500) foot scale for subdivisions of less than twenty (20) lots, showing existing streets, roads, drainage channels within at least one thousand (1000) feet from the boundaries of the property being subdivided. 10. FLOOD ELEVATION DATA. Indicate the FEMA flood zone(s), the FIRM Base Flood Elevation(s), and the record of inundation. Where areas lie below the record of inundation level, or the FIRM Base Flood Elevation, whichever is greater, that area shall be shaded with an approved drafting type shading pattern polyester film. Shading by pencil is not acceptable. 11. WETLANDS. If any portion of the property to be subdivided or developed has an area classified as "Flood Zone A", which may fall under the jurisdiction of the U.S. Army Corp of Engineers, then a wetland determination is recommended and any areas classified as such shall be shaded with an approved drafting type shading pattern polyester film. Shading by pencil is not acceptable. Copies of all wetland permits and documentation must be received by the Planning Commission and approved in writing before authorization of construction plans or approval of a final plat will be granted. If no determination has been made, then it shall be noted on the plans that portions of the property may be under the jurisdiction of the U.S. Army Corp of Engineers as wetlands which may prohibit any construction in such designated areas. B. CONSTRUCTION PLANS: After preliminary approval of the geometric layout has been granted by the Planning Commission, the subdivider shall submit complete construction plans for the first or initial phase of development of the area given preliminary approval, to the Department of Public Works for review and approval. The construction plans shall include the complete design of the sanitary sewerage system, storm drainage system, and the street system which shall include street names approved by the Planning Commission for the entire area to be subdivided. The subdivider shall do no construction work until his completed construction plans have been approved by the Department of Public Works, and a reasonable time must be allocated for the proper study of the plans submitted. After construction plans have been approved, the subdivider and his Engineer shall proceed with the preparation of the final plat. The subdivider shall not sell or lease any lots in the subdivision until the final plat has been approved by the Planning Commission. 15

18 After construction plans have been approved by the Department of Public Works and the sewer construction plans have been approved by the Parish Sanitarian, the Secretary of the Planning Commission shall be notified of such approval in writing. Final approval of construction plans shall be valid for a period of six (6) months from the date of approval. The Department of Public Works shall cancel and revoke approval in writing of all construction plans under which no work is commenced within six (6) months, and new construction plans conforming to the regulations then in effect must be submitted and approved before construction of any improvements. The basic requirements on plans for street and drainage improvements are as follows: 1. CONTOUR MAP: Include all areas composing the subdivision and sufficient additional area to include all watersheds which might be a factor in the design of the storm sewer system. 2. LAYOUT PLAN: Indicate location of the storm sewer system and/or ditch drainage system including culvert locations. Also include the sanitary sewer system if it is to be built. 3. PLAN AND PROFILE: All streets including the following: (a) Profile along the center line and each property line (b) Proposed curb and gutter, if planned (c) Grade of storm sewers and/or ditch drainage system (d) Grade of sanitary sewer system (e) Design details of streets and sewerage improvements (f) All streets and private servitudes of access shall be named from an approved list. C. CONSTRUCTION OF IMPROVEMENTS: After construction plans have been approved by the Department of Public Works and prints filed with the Director, the subdivider may construct the required improvements. The Department of Public Works shall be notified in advance of the date that such construction shall begin. Construction shall be performed under the supervision of the Department of Public Works and shall at all times be subject to inspection by that department. However, this in no way relieves the subdivider and his Engineer of close field supervision and final compliance with approved plans and specifications. D. ACCEPTANCE OF IMPROVEMENTS: When construction is complete and in accordance with the approved plans and specifications and complies with the provisions of these regulations, the subdivider through his Engineer, shall certify that all work has been completed and request final inspection so that he may obtain written final approval and acceptance from the 16

19 Department of Public Works and submit such written approval to the Secretary of the Planning Commission. E. FINAL PLAT: Upon completion and acceptance of improvements, the Secretary of the Planning Commission and the Director of Public Works shall check the final plat for conformity with the preliminary plans and for compliance with Paragraph B. The Secretary or Chairperson of the Planning Commission shall then indicate such approval by their signature on the final plat. The final plat shall be drawn in ink to a scale of one (1) inch equals one hundred (100) feet on tracing cloth or polyester base film, in one (1) or more sheets whose dimensions are twenty-four (24) inches by thirty-six (36) inches. For subdivisions without improvements, and for resubdivisions, sheet size shall be eleven (11) inches by seventeen (17) inches. Where the subdivision area is of unusual size or shape, the Planning Commission may permit a variation in the scale or size of the final plat. if more than two (2) sheets are required, an index of the same dimensions shall be filed showing the entire subdivision on one (1) sheet. All information required on the preliminary plan and, in addition, the specific information listed below shall be required on the final plat: (See Appendix D) 1. NAME OF SUBDIVISION 2. NAME, ADDRESS, AND SIGNATURE OF THE SUBDIVIDER 3. NORTH POINT, SCALE, AND DATE 4. OUTER BOUNDARY LINES: Include accurate distances, angles, or true bearings, if available, the exact location and width of all recorded streets and ways intersecting the boundaries of the tract being subdivided. 5. STREETS, ALLEYS, WAYS, AND PRIVATE SERVITUDES OF ACCESS: Include their widths and names from the list approved by the Planning Commission. 6. CURVE DATA: The lengths of all arcs, radii, internal angles, points of curvature, lengths and bearings of tangents. 7. DIMENSIONS: Both linear and angular necessary for determining the exact boundary of all lots in the subdivision. All angles must either be given directly or indicated by the bearings shown. Where any lot line is curved, the significant elements of the curve, such as the arc length and the subtending central angle, bearing and dimensions of side lot lines and where a curve is involved an indication if it is a radial line and any and all mathematical information and data necessary to locate all interior and exterior boundary lines of any lot. 17

20 8. REFERENCED BEARINGS: In all cases the bearings used shall be referenced to some well established line. i.e., "Bearing shown refer to true 'North' or "Bearings shown refer to Grid North as established for the Louisiana Plane Coordinate System by the U.S.C. & G.S.". 9. BLOCK INDICATIONS: Indicate all blocks, if any, and all lot numbers. All individual areas shall be designated by number or letter, and lots in new subdivisions shall be numbered consecutively. No tract or portion of land shall be indicated as "Reserved". 10. BENCHMARK: The accurate location, material type and description of all permanent vertical control monuments (benchmark). 11. SPECIAL USE AREAS: Location and size of proposed parks, playgrounds, church or school sites or other special uses of land to be considered for dedication or sale for public use and of all property that may be designated by deed and covenants for the common use of the property owners in the subdivision, along with a statement for responsibility for maintenance. 12. TRACT DESCRIPTION: Complete legal description of the area being subdivided. 13. STATEMENT OF DEDICATION AND SEWERAGE DISPOSAL: The following statement signed by the owner: DEDICATION- THE STREETS AND RIGHTS-OF-WAYS SHOWN HEREON, IF NOT PREVIOUSLY DEDICATED ARE HEREBY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC FOR PROPER PURPOSES. ALL AREAS SHOWN AS SERVITUDES ARE GRANTED TO THE PUBLIC FOR USE OF UTILITIES, DRAINAGE, SEWERAGE REMOVAL OR OTHER PROPER PURPOSE FOR THE GENERAL USE OF THE PUBLIC. NO TREES, SHRUBS, OR OTHER PLANTS MAY BE PLANTED, NOR SHALL ANY BUILDING, FENCE, STRUCTURE, OR IMPROVEMENTS BE CONSTRUCTED OR INSTALLED WITHIN OR OVER ANY SERVITUDE OR RIGHTS-OF-WAY SO AS TO PREVENT OR UNREASONABLY INTERFERE WITH ANY PURPOSE FOR WHICH THE SERVITUDE OR RIGHTS-OF-WAY IS GRANTED. SEWERAGE DISPOSAL- NO PERSON SHALL PROVIDE A METHOD OF SEWERAGE DISPOSAL, EXCEPT CONNECTION TO AN APPROVED COMMUNITY SANITARY SEWER SYSTEM, UNTIL THE METHOD OF SEWERAGE TREATMENT AND DISPOSAL HAS BEEN APPROVED BY THE IBERVILLE PARISH SANITARIAN. *(IF APPLICABLE, THE FOLLOWING IS TO BE ADDED) 18

21 WHERE A SEWERAGE TREATMENT PLANT IS TO BE PROVIDED BY THE DEVELOPER, THE AREA TO BE USED FOR THIS PURPOSE SHALL BE DEDICATED BY THE OWNER AS A SERVITUDE FOR THAT PURPOSE ONLY, AND SHALL BE SEPARATE FROM ANY OTHER LOT OR BUILDING SITE. SIGNATURE: NAME & TITLE: NAME OF COMPANY: 14. RESTRICTIONS: Private restrictions, restrictive covenants or trusteeships and their periods of existence to apply to lots in the subdivision shall be signed by the owner or his agent and recorded in the Office of the Clerk and Recorder of the Parish, and a copy shall be furnished to the Secretary of the Planning Commission. Where underground electrical utility service is provided for the subdivision, restrictions shall include a requirement that the owner of each lot shall furnish an electric servitude from the source of supply to his meter location for receipt of electric service on the lot, and this requirement shall be noted on the subdivision plat. 15. FLOOD ELEVATION DATA: The final plat showing the property shall include record inundation, the FEMA flood zone(s), and the FIRM Flood Base Flood Elevation(s). Where areas subdivided lies at or below the record inundation level or the FIRM Base Flood Elevation, whichever is greater, that area shall be shaded by an approved drafting type shading pattern polyester film. Shading by pencil is not acceptable. 16. WETLANDS. If any portion of the property to be subdivided or developed has an area classified as "Flood Zone A", which may fall under the jurisdiction of the U.S. Army Corp of Engineers, then a wetland determination is recommended and any areas classified as such shall be shaded with an approved drafting type shading pattern polyester film. Shading by pencil is not acceptable. Copies of all wetland permits and documentation must be received by the Planning Commission and approved in writing. If no determination has been made, then it shall be noted on the plans that portions of the property may be under jurisdiction of the U.S. Army Corp of Engineers as wetlands which may prohibit any construction in such designated areas. 17. PROFESSIONAL LAND SURVEYOR'S CERTIFICATION AND SEAL: The certification shall be a statement by a registered land surveyor licensed to practice either of these professions in the state to the effect that the plan is based upon an actual survey made by him and that the distances, courses, and angles and all other required survey information are shown correctly, that the monuments have been set and the lot and block corners stake correctly on the ground and that he has fully complied with the provisions of R.S. 33:5051 et.seq., and the minimum standards for the practice of land surveying as promulagated by the State Board of Registration for Professional Engineers and Land Surveyors. The land surveyor's seal shall also be shown. 18. SIGNATURES: Recommendation for approval and signature by the Director of the 19

22 Department of Public Works and the approval and signature of the Chairperson or Secretary of the Planning Commission and the Chairperson of the Parish Council. All surveying for perimeter, street center line, property line, and control monumentation of a subdivision shall be performed with the precision as specified for that class of survey in accordance with the minimum standards for the practice of land surveying as promulgated by the State Board of Registration for Professional Engineers and Land Surveyors. Permanent control monuments of materials approved by the Department of Public Works shall be placed at all of the following locations and shown on the final plat: 1. At the corners, control points, and angle points around the perimeter on boundaries of the subdivision at intervals or locations designated by the Department of Public Works, but spaced no further than six hundred (600) feet apart. 2. At all points where the perimeter or boundary of the subdivision intersects street right-ofway lines. 3. At all street corners formed by the intersection of street right-of-way lines. On curved street corners, monuments shall be placed on the right-of-way line at each end of the curve. 4. On all property lines at the point of curvature and the point of tangency of all horizontal curves. F. RESUBDIVISION PLATS: All plans for resubdivision of lots, tracts, parcels, or acreage, regardless of size, shall conform with the requirements of the laws of the state governing surveying, platting, and subdivision of land and to the Unified Development Code as contained herein and all other applicable ordinances of the Parish and all amendments thereto. The following information is required on all resubdivision plats, and all conditions listed below must be complied prior to approval of a resubdivision plat: 1. All property affected must be platted, i.e., when a lot is removed from a property, both the lot and the remainder must be designated as lots and dimensions given. 2. All dimensions, bearings, and corner markers must be shown on the plat. 3. The title and accurate description of property and vicinity map at an appropriate scale. 4. The owner's or subdivider's name. 5. Engineer's certification, signature, and seal. 20

23 6. North point and scale. 7. Street names and right-of-way widths. 8. Building lines and/or setbacks. 9. Existing buildings. 10. Existing ditches, drains, canals. Check with the Department of Public Works for right-ofway requirements. 11. All public servitudes and all private servitudes intended for public use must be dedicated by the owner. This requires dedicated notes and a place for the owner's signature. 12. Existing sewer lines and wyes. If the lot is to be resubdivided and has only one (1) existing sewer wye, then an additional wye must be installed to serve the additional lot. If no wye exists, then two (2) wyes must be installed to serve both lots. The cost of the installation must be borne by the property owner or subdivider. 13. If the property is outside the wastewater suburban transportation network and has no connection to sanitary sewer line, the sewer note is required with a place for the owner to sign. 14. Lot numbers of resubdivided lots must be redesignated. For example, if lot one (1) was divided into lots, the resulting new lots would become 1-A and 1-B, etc. 15. All resubdivided lots must meet the same minimum requirements, established by the Unified Development Code, as lots in new subdivisions. 4.6 REVOCATION OR RELOCATION OF STREETS, ALLEYS, RIGHTS-OF-WAY, OR SERVITUDES DEDICATED TO PUBLIC USE: Any person desiring to have a public street, alley, right-of-way, or servitude revoked or relocated shall first apply to the Planning Commission for the revocation or relocation. At the time of filing the application with the Planning Commission, the applicant shall submit to the Planning Commission a plat showing the existing street, alley, rightof-way, or servitude, and the proposed relocation, if necessary, together with a written request giving the reasons supporting such revocation or relocation. All of the legal instruments, ordinances, etc., necessary to complete the revocation or relocation must be approved by the Parish Attorney, and the applicant shall supply such other information as may be deemed necessary by the Parish Attorney or the Planning Commission. The Planning Commission shall investigate the propriety and feasibility of the revocation or 21

24 relocation and submit its recommendation thereon to the Parish Council within sixty (60) days after the application is submitted. Provided that, in those instances where the revocation or relocation will not have any effect on any abutting property involved, no hearing before the Planning Commission shall be required, but a recommendation shall be made to the Parish Council by the Planning Commission and Department of Public Works, after the conduct of such investigation thereof as they may deem necessary and appropriate. After receipt of recommendation from the Planning Commission, the Parish Council may, if it so desires, introduce an ordinance revoking or relocating the street, alley, right-of-way or servitude, which ordinance shall lay over until the next regular meeting of the Parish Council for a public hearing called and advertised therefor, as in the case of other ordinances requiring a public hearing. At the time of the hearing the Parish Council may adopt or reject the ordinance as it sees fit. This chapter does not give any person the right to have a street, alley, right-of-way, or servitude revoked or relocated, and the Parish Council does not warrant clear and merchantable title to any property over which the street, alley, right-of-way, or servitude to be revoked or relocated lies. 4.7 FEES: At the time of filing any application for review and/or approval by the Planning Commission, the applicant shall pay to the Parish Council a fee to cover the cost of processing the application, together with all legal instruments, ordinances, etc., necessary to complete the application. (See Appendix A) 22

25 5 LOTS SECTION LOT ARRANGEMENT: The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Unified Development Code and the Sanitary Code of the State of Louisiana, and in providing driveway access to buildings on the lots from an approved street. No lot shall be laid out so as to create a land locked arrangement of that lot. Lots on major street intersections and at all acute angle intersections which, in the opinion of the Planning Commission, are likely to be dangerous to the traffic movement, shall have a radius of twenty (20) feet at the corner. Where grade separation structures are proposed at the intersection of major streets, the lots and improvements in the subdivision shall be arranged so as to make adequate provision for such structures. Where a subdivision borders on or contains an existing or proposed primary arterial, the Planning Commission may require that access to such streets be limited by one of the following means: A. The subdivision of lots so as to back onto the primary arterial and front onto a parallel local street; no access shall be provided from the primary arterial, and screening shall be provided in a strip of land along the rear property line of such lots. B. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the primary arterial. C. A marginal access or service road separated from the primary arterial by a planting or grass strip and having access at suitable points. 5.2 MINIMUM LOT SIZE: All lots, either those with access to an established community sewerage system, or those with individual sewerage, must meet the minimum size and street frontage required by the Sanitary Code of the State of Louisiana, adopted by the State Health Officer in accordance with R.S. 40:4 and promulgated in accordance with R.S. 49:951 et seq. including all amendments thereof. (See Appendix B) Corner lots shall have extra width of at least twenty (20) percent to permit the establishment of greater building lines on the side of the lots adjoining the side street. 23