Exhibit 1: City of Covington, LA Appendix A Subdivision Regulations Adopted December 6, 2011 EFFECTIVE DATE FEBRUARY 1, 2012
APPENDIX A. SUBDIVISION REGULATIONS Appendix A. Article 1: Purpose and Authority Appendix A. Article 2: Definitions Appendix A. Article 3: Administrative Procedures Appendix A. Article 4: Inspections and Enforcement Appendix A. Article 5: Performance and Design Standards Appendix A. Article 6: Performance Guarantees Appendix A. Article 7: Waivers 1.1 Subdivision Regulations, Short Title ARTICLE 1. PURPOSE, AUTHORITY AND DEFINITIONS These regulations shall be known and may be cited as the Subdivision Regulations of the City of Covington, Louisiana (hereinafter referred to as the City ). 1.2 Purpose and Authority A. Purpose The City of Covington, LA Subdivision Regulations have been prepared in accordance with the adopted goals and objectives of the City of Covington Comprehensive Plan. The purposes of these regulations are: 1. To assure the comfort, convenience, public health, safety, and general welfare of the people of the City of Covington; 2. To assure new development in the City of Covington meets the goals and conforms to the policies of the Covington Comprehensive Plan; 3. To minimize the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and, to encourage the wise use and management of natural and cultural resources throughout in order to preserve the integrity, stability, and character of the City and the value of the land; 4. To assure that adequate public facilities are available and have sufficient capacity to serve the residents of Covington and that lots in subdivisions are capable of supporting the proposed uses and structures; 5. To provide the most beneficial relationship between developing uses of land and buildings and the circulation of traffic throughout the City, having particular regard for the avoidance of congestion in the street system, maintaining the historic street grid pattern in the City, and promoting pedestrian movement appropriate to the various uses of land and buildings; 6. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, drainage, recreation, and other public requirements and facilities; 7. To protect and conserve the value of land and property in the City of Covington, and to minimize the potential impacts and conflicts from new subdivisions on neighboring properties and the municipality as a whole; 8. To protect the character and economic stability of the City of Covington while encouraging orderly and beneficial development; 1
9. To establish reasonable standards of design and procedures for subdivisions, including preparing and recording of plats and the equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the City and petitioners. B. Authority These subdivision regulations are adopted under the authority granted by the provisions of Act 139 of 1956, Louisiana Revised Statute 33:101--33:120 [33:120.1], as amended. The Covington Planning Commission (hereinafter referred to as the Planning Commission ) has fulfilled the requirements set forth in these statutes as prerequisite to the adoption of such regulations. Whereas said laws prohibit the subdivision of land into more than two lots unless an accurate map, plan, and plat of such subdivision shall have been approved by the Planning Commission and shall have been certified and recorded in the Office of the Clerk of Court of St. Tammany Parish. 1.3 Jurisdiction From the date of adoption, this Ordinance shall regulate all subdivision of land within the corporate limits of the City. All developments shall meet minimum standards and requirements of these regulations, as amended. Any owner of land within the limits of said subdivision jurisdiction wishing to subdivide land shall present to the Planning Commission at a duly advertised public hearing a tentative, preliminary and final plat of the subdivision that will result in more than two (2) parcels and that establishes, introduces or extends utilities, roadways and drainage. No plat of subdivision lying within such territory or part thereof shall be filed and recorded in the office of the Clerk and Recorder of St. Tammany Parish, Louisiana, and no petitioner may proceed with sale of lots in a subdivision until the final plat of such subdivision shall have been approved by the Planning Commission and such approval entered in writing on the plat by the Chairman of the Planning Commission. 1.4 Deed Restrictions or Covenants Deed restrictions or covenants may be placed upon the property to ensure that the development is of the character and caliber as desired by the petitioner. These restrictions shall not be less than requirements of ordinances for the City, and they shall not contain reversionary clauses wherein any lot shall return to the petitioner because of violation thereon of the term of the restriction or covenants. Accompanying the final plat for approval shall be a copy of the deed restrictions or covenants, though the City shall have no part of enforcing said deed restrictions or covenants. 2
ARTICLE 2. DEFINITIONS In general, words and terms used in these regulations shall have their customary dictionary meaning. More specifically, any word or term defined in the Covington Comprehensive Zoning Ordinance (hereinafter referred to as the Comprehensive Zoning Ordinance ) shall have the definition contained in that Ordinance, unless defined differently below. Words and terms used herein are defined as follows: Application: The process by which a petitioner submits a request and indicates a desire to be granted a subdivision under the provisions of these regulations. An application includes all written documentation, verbal statements, and representations in whatever form or forum, made by a petitioner to the City concerning such a request. Application, Complete: An application shall be considered complete upon staff review of all information required by these regulations, unless waived, and the submission of the required fees. Average Daily Traffic (ADT): The average number of vehicles per day that enter and exit the premises or travel over a specific section of road. Block: A parcel of land within a subdivision or development that is bounded by public streets, highways, railroad rights-of-way, public walks, culs-de-sac, parks or open space, rural land or drainage channels, the exterior boundary of the subdivision, or a combination thereof. For this definition, an alley is not considered a street but part of the block. Buffer Area: A part of a property or an entire property, which is not built upon and is specifically intended to separate and thus minimize the effects of a land use activity (e.g. noise, dust, visibility, glare, etc.) on adjacent properties or on sensitive natural resources. Building Line: A line delineating the minimum allowable distance between the street right-of-way and the front of a structure within which no building or other structure shall be placed. Building Official: A person employed by the City who is charged with the administration and enforcement of building codes. Capital Improvements Program (CIP): The municipality's proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Comprehensive Plan: The text, maps, charts and other descriptive material that is part of the Comprehensive Plan for the City, as adopted by the Planning Commission, including the master streets plan, future land use plan and any subsequent supplemental plans adopted as part of the Comprehensive Land Use Plan. Cross Drain Drainage pipes placed under a roadway, in a similar manner as a box culvert. Culvert: A pipe or enclosed channel that conveys water by gravity under a road, railway, or embankment. Density: The number of dwelling units per acre of land. Developed Area: Any area on which a site improvement or change is made, including buildings, landscaping, parking areas, and streets. 3
Development Plan (also known as a Site Plan): An accurate, scaled conceptual map or rendering showing the location of buildings, the landscaping, parking, circulation and other such features, and supportive data describing the project proposed by the petitioner for review prior to submitting an application for subdivision approval. Drainageway: Non-navigable, above-ground watercourses, detention basins or depressions which collect and convey stormwater runoff. Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Dwelling Unit: A room or group of rooms located within a structure forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, eating and sanitation by one (1) family. Easement: The right, granted by the property owner, to use a parcel of land for the specified purposes, such as public utilities, drainage and other public purposes, the title of which shall remain with the property owner, subject to the right if use designated in the reservation of the easement. Easement and servitude are considered the same. Engineer, City: Any registered professional engineer hired or retained by the City, either as staff or on a consulting basis, and recognized as responsible for approving construction design of public works such as streets, roads, and bridges in the City. Engineer, Professional: A professional civil engineer in good standing registered by the Louisiana Professional Engineering and Land Surveying Board. Fill: Any material including, but not limited to, dirt and concrete that is placed above natural grade. 100-Year Flood: The highest level of flood that, on the average, has a one percent (1%) chance of occurring in any given year. Freeboard - Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Frontage: That portion of a lot abutting on a street, road, highway or other public way measured along the dividing line between the public way and the private property, but it shall not be considered as the ordinary side of a corner lot which shall be considered the longer dimension of the two dimensions on a street. Level of Service: A description of the operating conditions a driver will experience while traveling on a particular street or highway calculated in accordance with the provisions of the Highway Capacity Manual, most recent edition, published by the National Academy of Sciences, Transportation Research Board. There are six levels of service ranging from Level of Service A, with free traffic flow and no delays to Level of Service F, with forced flow and congestion resulting in complete failure of the roadway. Lot: A tract, plot or 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 for building development. Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees. 4
Lot Depth: The distance between front and rear lot lines. If these lines are not parallel the mean dimension shall be deemed to be the lot depth. Lot, Double Frontage: A lot other than a corner lot that has frontage on more than one street. Lot, Interior: A lot that is not a corner lot. Lot Line, Front: That line which separates the lot from the street or road. The front lot line of a corner lot shall be the line of least dimension. Lot Line, Rear: That lot line which is opposite and generally parallel to the front lot line but to the rear of the lot. The rear lot line of an irregular shaped lot shall, for the purpose of these regulations, be a line not less than ten feet (10 ) long lying entirely within the lot, generally parallel to and the greatest distance from the front lot line. Lot Line, Side: Any lot line not a front or rear lot line. Lot Width: The width of a lot as measured along the minimum front building setback line. Lot of Record: A recorded, platted lot or a parcel of land lot, the map of which has been recorded in the Office of the Clerk of Courts of St. Tammany Parish, or a lot described by metes and bounds, the description of which has been recorded in the Office of the Clerk of Courts of St. Tammany Parish. Multifamily Development: A subdivision which contains three or more dwelling units on land in common ownership, such as apartment buildings, condominiums or mobile home parks. Open Space, Common: Land within or related to a subdivision, not individually owned or within an individual lot, which is designed and intended for the common use or enjoyment of the residents of the development or the general public. It may include complementary structures and improvements, typically used for maintenance and operation of the open space, such as for outdoor recreation. Open Space, Usable: That portion of the common open space that due to its slope, drainage characteristics and soil conditions can be used for active recreation, horticulture or agriculture. In order to be considered usable open space, the land must not be poorly drained or very poorly drained, have ledge outcroppings, or areas with slopes exceeding 10%. Petitioner: The person applying for subdivision approval under these regulations. The term shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. Person: Includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. Planning Commission: The term Planning Commission shall mean the Covington Planning Commission created under LA.R.S. 33:101 et seq., which shall have the powers provided for by Louisiana law and as may be provided for in Appendix A, Subdivision Regulations of the City. Planning Director: A person, appointed by the Mayor and confirmed by the City Council, who is responsible for reviewing and providing recommendations on all zoning, rezoning, subdivision, resubdivision, variance, and appeals requests to the Planning and Zoning Commission and the Board of Adjustment. Plat: A survey of a tract of land showing the boundaries, dimensions and location of individual lots and streets, survey monuments, topographic data, easements, servitudes, rights-of-way, existing 5
structures, and significant natural features. For purposes of these regulations the term plat is not to be construed as a site plan. Plat, Conceptual Sketch: A conceptual representation of a proposed subdivision survey prior to the preparation of the preliminary plat (or final plat in the case of minor subdivision) sufficient for a tentative subdivision application. The conceptual sketch may be drawn to scale in architectural freehand style to enable the petitioner to save time and expense in reaching general agreement with the City regarding the objectives of these regulations but accurately representing the size and proposed dimensions of lots and the extent of any public facilities that are proposed for dedication and which is accompanied by a site features map and conceptual drainage study. Plat, Final: A subdivision survey in substantial conformance with any preceding preliminary plat in accordance with the provisions of these regulations submitted to and approved by the Planning Commission to be signed by the required City officials placed on file with the St. Tammany Parish Clerk of Court. Plat, Preliminary: A tentative subdivision survey plat, accompanied by engineering construction plans and specifications for the construction of any and all public and private improvements shown or required, submitted for the purpose of preliminary consideration and approval. Prefabricated Housing: Any housing with structural or mechanical components manufactured and assembled away from the construction site. For purposes of this definition, the following terms shall have the following meanings: Manufactured Housing: Dwelling units constructed primarily at a plant or facility on a production line basis and delivered to the site as an assembled unit or in modular form. Manufactured housing specifically refers to housing built under the Manufactured Home Construction and Safety Standards set by the U.S. Department of Housing and Urban Development (HUD). Mobile Home: Prefabricated trailer-type housing units that are semi-permanently attached to land, either the owner's fee land or leasehold, such as in a mobile-home park. A mobile home is a moveable or portable structure designed and constructed on its own chassis and intended for connection to utilities for year-round occupancy as a dwelling. Any dwelling unit that qualifies as a modular home according to the definition herein is not considered a mobile home. Furthermore, a travel trailer is not considered a mobile home. Mobile Home Park: A unified development of two (2) or more mobile home sites, plots or stands, arranged on a large tract usually under single ownership, meeting the area and yard requirements of this article, and designed to accommodate mobile homes for a more or less permanent duration. Such term may include travel trailer accommodations, provided that no more than twenty-five percent (25%) of the park is used for such purpose. Modular Home: Modular homes are houses divided into multiple modules or sections, which are manufactured in a remote facility and delivered to their intended site of use. The modules are then assembled on a permanent foundation without a permanent chassis, into a single residential building. Unlike other prefabricated construction, modular homes conform to all state, local and regional codes where the structure is to be located. Right-of-way: A grant by the property owner, usually in the form of a dedication to the public, of a strip or strips of land, title to which shall rest in the public for the purpose stated in the dedication. 6
Side Drain: Drainage pipe placed under residential or commercial driveways, commonly refered to as a culvert or driveway pipe. Sidewalk: An improved pedestrian surface that is typically located adjacent to a roadway or street. Sight Distance: The length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. Used in these regulations as a reference for unobstructed road visibility. Site Plan (also known as a Development Plan): An accurate, scaled conceptual map or rendering showing the location of buildings, the landscaping, parking, circulation and other such features, and supportive data describing the project proposed by the petitioner for review prior to submitting an application for subdivision approval. Storm Drain: Drainage pipe used for subsurface applications that does not include side drains or cross drains. Street: Public and private ways such as alleys, avenues, highways, roads, and other rights-of-way, as well as areas on subdivision plans designated as rights-of-way, for vehicular access other than driveways. The following shall be used to classify all streets: Alley: A public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties, and not intended for general traffic. Arterial Street: Public thoroughfares that serve the major movements of traffic within and through the City and the Parish. Boulevard: A street that is divided by a median or neutral ground. Collector Street: Public thoroughfares that serve to collect and distribute traffic primarily from local residential streets to arterial streets. Cul-de-sac: A local street with only one (1) outlet and having an appropriate termination based on adopted development standards for the safe reversal of traffic movement. Industrial or Commercial Street: Collector or arterial street servicing industrial or commercial uses. Local Street: A street that is used primarily for direct access to abutting residential properties and leading into the collector street system. Marginal Access Street: Minor streets that are parallel to or adjacent to arterial streets and highways that provide ingress and egress from abutting properties and protection from through traffic, commonly referred to as a frontage road or service road. Private Right-of-Way: A minor residential street servicing no more than eight dwelling units, which is not intended to be dedicated as a public way. Private Street: Private streets are owned by residents, and have publicly recognized indenture, or covenants that outline governance and act as a deed restriction. Structure: Anything constructed or erected that requires more or less permanent or semipermanent location on the ground or the attachment to something having permanent location on the 7
ground, including but not limited to retaining walls, gasoline pumps, signs, manufactured housing, and vending machines. Subdivision: The division of a parcel of land into two (2) or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale, lease or building development, or if a new street is involved, any division of a parcel of land. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. Subdivision, Administrative: Any subdivision that does not require Planning Commission approval and involves four (4) or fewer lots. Subdivision, Cluster: A subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located in return for the provision of permanent open space. Subdivision, Dormant: A subdivision of land duly filed for record in the office of the Clerk of Courts in St. Tammany Parish, where actual on-site improvements (e.g. drainage, streets, etc.) have never been constructed or have deteriorated substantially. Subdivision, Major: Any subdivision not classified as a minor or administrative subdivision. Subdivision, Minor: Any subdivision that involves four (4) or fewer lots and requires Planning Commission approval. Subdivision, Mobile Home: A subdivision of land designed and intended for single-family residential use by mobile homes, where lot, plot or site dimensions are significantly smaller than required for conventional housing units and where certain additional amentities are required by these regulations. Substantial Completion: The degree of completion of construction of required infrastructure improvements necessary for such improvements to operate and function appropriately as designed and to be utilized for the purpose for which it is intended and permitted. Substantial completion considers construction, installation, testing, inspection and approval or permitting when applicable. Whenever a subdivision is approved in phases, the substantial completion requirement shall apply to each phase independently. Surveyor: A land surveyor in good standing registered by the Louisiana Professional Engineering and Land Surveying Board. Tract or Parcel of Land: All contiguous land in the same ownership, provided that lands located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof. Zoning Commission: The term Zoning Commission shall mean the Covington Zoning Commission created under LA.R.S. 33:4721 et seq., which shall have the powers provided for by Louisiana law and as may be provided for in Appendix A, Subdivision Regulations of the City. 8
ARTICLE 3. SUBDIVISION APPLICATIONS AND PROCEDURES Any petitioner desiring to subdivide any lot, tract or parcel of land or to change or rearrange any such lot, tract or parcel of land within the City shall comply with the procedures established in this Article and other applicable Sections of this Article and in the sequence specified. 3.1 Pre-application Procedures for all Subdivisions Prior to preparing a conceptual sketch plat for any subdivision and before any construction, clearing or other ground work is undertaken, the petitioner must schedule a pre-application meeting with the Planning Director, the City Engineer, the Public Works Director and all other applicable City staff to discuss the procedure for approval of subdivision plats and the requirements for the development and construction of subdivisions in the City. The petitioner should acquire a copy of the Comprehensive Plan and/or Comprehensive Zoning Ordinance and any other documents that the City may require so that the petitioner, architect, engineer, landscape architect, land surveyor, and/or planner for the petitioner can become familiar with the design and construction requirements of the City. After review of the requirements for subdivision the petitioner is encouraged to discuss any questions regarding the proposed subdivision with the Planning Director, the City Engineer, the Public Works Director and all other applicable City staff. The petitioner and/or the petitioner's representative should discuss any questions they might have with the Planning Director, the City Engineer, the Public Works Director and all other applicable City staff concerning the requirements for the general layout of streets and reservations of land, street improvements, drainage, sewerage, and similar matters. If public improvements are required in conjunction with the proposed subdivision, the petitioner shall schedule a pre-application meeting with the Planning Director, the City Engineer, the Public Works Director and all other applicable City staff. It shall be the responsibility of the petitioner to determine the status of the proposed application as a major or minor subdivision dependent on the requirement for public improvements with the assistance of the City Engineer and the Director of Public Works. The Planning Director, the City Engineer and the Public Works Director should be consulted as to the present zoning of the subdivision site and abutting areas, in particular, the use, bulk and density requirements and the nature of existing public services and facilities available or planned for the subdivision site. The proposed development shall be evaluated for compatibility with the Comprehensive Land Use Plan, particularly with regard to planned capital improvements such as streets and parks. The Planning Director, the City Engineer, the Public Works Director and all other applicable City staff shall also advise the petitioner, where appropriate, to discuss the proposed subdivision with those City, Parish, State and Federal officials who may eventually approve various aspects of the subdivision plat. The Planning Director or his/her duly authorized representative shall provide the proposed petitioner with all the necessary application forms in accordance with the currently adopted rules of procedure of the Planning Commission and advise the petitioner of deadlines for submission and required fees. 3.2 General Procedures Whenever any administrative, minor or major subdivision of land (as defined in Article 2) is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the property owner, or authorized agent for the owner, shall apply for and secure the following required approvals, as described more fully elsewhere herein: 9
A. Administrative Subdivision 1. Approval of final subdivision plat. B. Minor Subdivision 1. Preliminary approval of preliminary subdivision plat. 2. Approval of final subdivision plat. C. Major Subdivision 1. Tentative approval of conceptual sketch plat. 2. Preliminary approval of preliminary subdivision plat and construction plans. 3. Approval of final subdivision plat jointly with: a. Acceptance of dedication of public improvements by City Council; or b. Posting of performance bond or irrevocable letter of credit for the construction of required public improvements and subsequent acceptance of dedication of improvements by City Council. D. Filing Deadlines For purposes of these regulations the deadlines for submissions of all administrative, minor and major subdivision applications shall be in accordance with the Planning Commission's current adopted calendar. A list of deadlines for submission of applications for each year, based on the current rules of procedure, shall be available from the Planning Director. E. Subdivision Notice Requirements For all preliminary subdivision plats, petitioners are required to give two (2) forms of public notice: 1) mailed notice to all property owners within five hundred feet (500 ) (see Sections 3.2.E.1.a & 3.2.E.1.b), and 2) posted notice of the property (see Section 3.2.E.2). The City requires this notice to ensure that the owners of nearby property and other interested members of the community are informed of subdivision proposals. This public notice supplements the administrative notice that is given to governmental agencies that may be concerned with various aspects of the application, and the general publication of the public hearing provided by the City. The procedure for public notice on all preliminary subdivision plat applications is as follows: 1. Mailed Notice a. Written notice shall be sent by the City to each property owner within five hundred feet (500 ) of the proposed subdivision. Said notices will be sent by registered mail with return receipt requested, not less than ten (10) days prior to the meeting of the Planning Commission at which the preliminary subdivision application will be considered b. The petitioner shall provide the Planning Director with a copy of the mailing list, which includes the owners of all properties within five hundred feet (500 ) of the proposed subdivision. The subdivision application will not be considered until this information has been received. 10
2. Posted Notice In addition to the notification by mail, the City will post an on-site sign or signs notifying the public of the scheduled public hearing. The sign(s) shall be erected on the property at a site along each street frontage that is clearly visible from the nearest public street. The notice(s) will be posted at least 10 days prior to the Planning Commission meeting and must remain in place until final action has been taken. 3. Print Notice Public notice of the hearing shall be given by the City at least fourteen (14) days prior to the date of the hearing in the official journal of the City. 4. Fees The legal advertising, mailing and signage costs of all public hearings required by these regulations shall be borne by the petitioner. 3.3 General Subdivision Requirements All subdivision plats and associated construction plans for public improvements, when applicable, shall comply with the following laws, rules and regulations or shall be subject to disapproval: A. All applicable statutory provisions; B. All applicable provisions of these regulations and all other applicable laws, ordinances and codes of the City; C. Any rules of the Louisiana Department of Health and Hospitals and/or appropriate State agencies, with such rules providing minimum standards to be met by all subdivision plats; D. The requirements of the Louisiana Department of Transportation and Development when so noted and if the subdivision or any lot contained therein abuts a State highway or connecting street; E. All required permits from the Louisiana Department of Environmental Quality for stormwater discharge; F. All applicable standards and regulations adopted by the City and all Boards, Commissions, agencies and officials of the City; and G. The current adopted rules of procedure of the Planning Commission are available in the office of the Planning Director or his/her duly authorized representative. 11
3.4 Administrative Subdivision A. Scope The administrative subdivision procedure may be used to adjust an interior lot line or combine two or more lots on a piece of property less than five (5) acres providing the following conditions are met: 1. In the case of an Administrative Lot Line Adjustment: a. The lots involved must be designated within the same zoning district and the proposed adjustment will not create or result in a violation of the Comprehensive Zoning Ordinance. b. The lots involved must be existing platted lots. c. The adjustment alters lot lines of no more than four (4) lots without creating additional lots. d. All administratively subdivided parcels or lots have access to a previously constructed public right-of way and street. 2. In the case of Administrative Platting or Lot Consolidation: a. The lots involved must be designated within the same zoning district and the proposed platting or lot consolidation will not create or result in a violation of the Comprehensive Zoning Ordinance. b. The lots involved must be existing platted lots. c. The lots must be under unified ownership. d. The proposed platting creates no more than four (4) lots, or the proposed consolidation involves no more than four (4) lots into a lesser number of lots. e. All administratively subdivided parcels or lots have access to a previously constructed public right-of way and street. 3. No more than two (2) administrative subdivisions and/or consolidations involving the same land may be applied for or approved within any five (5) year period. 4. The subdivision is served by existing utilities and does not require the extension of streets, utilities or public improvements. 5. Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertains to the lots; and each lot is developable according to the site development regulations of the Comprehensive Zoning Ordinance, except where to do so would lead to lots that are less nonconforming than prior to the resubdivision. 12
B. Application and Approval Procedure for Administrative Subdivisions 1. Final Plat At the time of filing a request for administrative subdivision with the Planning Director or his/her duly authorized representative, the petitioner shall submit the following information and documents: a. A signed statement verifying ownership of all property to be subdivided, including the COB and folio of the acquisition document filed with the Clerk of Court; b. A copy of any covenants or restrictions that affect the property; c. A letter of request to subdivide, signed by the owner(s) identified in subsection 3.4.B.a. above, stating the reason for the request; d. A check for the appropriate fee as established in Section 3.5.M of these regulations; e. Five (5) copies of a plat containing the following information: i. Name of owner(s) of property; ii. An accurate description of the property; iii. A vicinity map at one inch (1 ) equals five hundred feet (500 ); iv. North arrow and scale of plat, with a maximum scale of one inch (1 ) equals one hundred feet (100 ); v. All dimensions, bearings and corner markers; vi. All property as currently subdivided and how the property is to be subdivided, with square footage and dimensions of all such divisions. vii. Surveyor's certification, signature and seal. viii. All existing adjacent streets, alleys, rights-of-way, utility easements and servitudes and their widths. For revoked streets or alleys, the former right-ofway and the date and ordinance number of the revocation must be shown; ix. Location of all buildings and structures and setback requirements as required by the subdivision regulations and the Comprehensive Zoning Ordinance, along with the current zoning of the property; x. Place for the signature of the Chairperson and/or Vice Chairperson of the Planning Commission and Clerk of Court, the date and filing number; xi. Identifying numbers for all property as currently divided and as to be subdivided. No new division of the property may be left unnumbered. C. Planning Department Action on Administrative Subdivisions 1. Following submission, the Planning Director shall review the application according to the following criteria: a. Compliance with the conditions contained in Section 3.4.A; b. Consistency with the Comprehensive Plan; 13
c. Potential adverse environmental impacts or effects on neighboring properties. 2. Following such review, the Planning Director shall take action within fourteen (14) days of the filing of an application for subdivision by doing one of the following: a. Reject the application as incomplete; b. Decline to review the application administratively and advise the petitioner that it will be necessary to file for a major or minor subdivision; c. Grant the subdivision, forwarding it to the Chairman of the Planning Commission for execution. 3. Following approval of an Administrative Subdivision, the City shall file the plat with the St. Tammany Parish Clerk of Court. D. Appeal of Planning Department Action on Administrative Subdivisions The Planning Director shall have the authority to grant or deny final subdivision approval of administrative subdivisions and any other matters brought before him/her where his/her purview and jurisdiction prevails; however, any person claiming to be aggrieved by the decision of the Planning Director may appeal such decisions to the 22 nd Judicial Court District for the Parish of St. Tammany. 3.5 Minor Subdivision Applications and Procedures A. Scope Minor subdivisions, as defined in Article 2 of this Ordinance shall be approved in accordance with the following procedures when a proposed subdivision meets these conditions: 1. The subdivision adjusts the lot lines of no more than four (4) lots. 2. The subdivision is served by existing utilities and either does not require the extension of streets, utilities or public improvements, or requires minor changes to existing public utilities, roadways or storm drainage that will not adversely affect the remainder of the subdivision or adjoining property and which is not in conflict with any provision of the Comprehensive Plan or official zoning map. 3. Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertains to the lots, and each lot is developable according to the site development regulations of the Comprehensive Zoning Ordinance, except where to do so would lead to lots that are less nonconforming than prior to the resubdivision. 14
B. Application and Approval Procedures for Minor Subdivisions 1. Preliminary Plat Prior to the meeting at which it is to be considered, and in accordance with the Planning Commission's current adopted calendar, the petitioner shall submit the following information and documents for minor subdivision consideration: a. A signed statement verifying ownership of all property to be subdivided, including the COB and folio of the acquisition document filed with the Clerk of Court. b. A copy of any covenants or restrictions that affect the property. c. A letter of request to subdivide, signed by the owner(s) identified in subsection 3.5.B.a. above, stating the reason for the request. d. A check for the appropriate fee as established in Section 3.5.N of these regulations. e. Fifteen (15) copies of a preliminary plat containing the following information: i. Name of owner(s) of property; ii. An accurate description of the property; iii. A vicinity map at one inch (1 ) equals five hundred feet (500 ); iv. North arrow and scale of subdivision plat, with a maximum scale of one inch (1 ) equals five hundred feet (500 ); v. All dimensions, bearings and corner markers; vi. All property as currently subdivided and how the property is to be subdivided, with square footage and dimensions of all such divisions; vii. Surveyor's certification, signature and seal; viii. All existing adjacent streets, alleys, rights-of-way, utility easements and servitudes and their widths. For revoked streets or alleys, the former right-ofway and the date and ordinance number of the revocation must be shown; ix. Location of all buildings and structures and setback requirements as required by the subdivision regulations and the Comprehensive Zoning Ordinance, along with the current zoning of the property; x. Place for the signature of the Chairperson and/or Vice Chairperson of the Planning Commission, the City Engineer, the Clerk of Court, the date and filing number; xi. Identifying numbers for all property as currently divided and as to be subdivided. No new division of the property may be left unnumbered; xii. An accurate description of the FEMA flood zone designation. If any of the items required to be submitted have not been submitted or if the preliminary plat submitted is incomplete or does not conform to the requirements of these regulations or if the application and/or required supplemental information is not in accordance with the provisions of these regulations, the Planning Director or his/her duly authorized 15
representative has the authority to notify the petitioner of rejection of the application. In such cases, the Planning Director or his/her duly authorized representative shall send written notice to the petitioner stating the reasons for the rejection of the application. C. Action on Minor Subdivisions 1. Minor subdivision review shall consist of two principal stages: preliminary plat approval and final plat approval. The Planning Commission, at its discretion, may combine the approval stages, provided all requirements for both stages have been met by the petitioner to the satisfaction of the Planning Director, City Engineer and applicable City officials. 2. The Planning Commission will review the plat and supporting documents for compliance with the requirements of this Section. The Planning Commission will, where appropriate, ask for written comments or opinions from officials or agencies of the City. 3. Preliminary Plat Decision After reviewing and discussing the preliminary plat, other submitted materials and all other reports submitted by other agencies and/or officials, the Planning Commission will advise the petitioner as to approval, conditional approval, or disapproval of the application and the reasons therefore. a. Planning Commission approval or conditional approval of the preliminary plat shall constitute authorization to the petitioner to prepare and submit a final plat to the Planning Commission for approval. b. In the case of a conditional approval requiring amendment of the preliminary plat, the petitioner shall resubmit the required number of copies of the application documents with the amendments required for approval by the Planning Commission prior to submission of the final plat. c. Failure to submit amended documents sufficient to meet the conditional approval requirements of the Planning Commission in the prescribed time period shall constitute a failure to meet the conditions of approval and shall cause the application as disapproved. 4. Final Plat Decision a. After approval of the preliminary plat, the petitioner shall prepare a final plat, together with required certificates to be recorded in the St. Tammany Parish Clerk of Court. The final plat becomes the instrument to be recorded in the St. Tammany Parish Clerk of Court s office when duly signed by the chairman of the Planning Commission or his/her duly authorized representative and the City Engineer. b. With a minor subdivision, the Planning Commission may delegate final plat review and approval to the Planning Director or City Engineer. The City official shall report his/her actions to the Planning Commission at its next regularly scheduled meeting, to be made part of the record. D. Appeal of Planning Commission Decision on Minor Subdivision Approval The Planning Commission shall have the authority to grant or deny preliminary or final subdivision approval and any other matters brought before it where its purview and jurisdiction prevails; however, any person claiming to be aggrieved by the decision of the Commission may appeal such decisions to the 22 nd Judicial District Court for the Parish of St. Tammany. 16
3.6 Major Subdivision Applications and Procedures Major subdivisions, as defined in Article 2 of this Ordinance shall be approved in accordance with the procedures for tentative, preliminary and final plat approval as provided in the following Sections, and any other special provisions which the Planning Commission deems necessary to insure the health, welfare and safety of the community. A. Guidelines for Major Subdivision 1. Any subdivision and the lot(s) resulting there from must meet the requirements of the zoning district in which they are located. 2. All subdivided parcels or lots shall have access supplied by a public street and an easement supplied in perpetuity by instrument filed with the Clerk of Court for St. Tammany Parish. 3. The petitioner must be present or have a designated representative present for the public hearing. Failure to fulfill this requirement may be grounds for denial of the subdivision request. B. Tentative Approval Procedures for Major Subdivisions Subsequent to the required pre-application meeting the following items shall be submitted by the petitioner to the Planning Director, or his/her duly authorized representative, to initiate the tentative approval procedure for subdivision requests. Applications received after the official deadline, as established by the rules of procedure of the Planning Commission, will be held for hearing at the earliest possible meeting in accordance with the established deadlines. The following items shall be submitted and distributed in accordance with the requirements of these regulations and the currently adopted rules of procedure of the Planning Commission on forms approved by the Planning Commission: 1. Application form for tentative approval, completed and signed, and the required number of copies for review; 2. Conceptual sketch plat, drawn in accordance with the provisions of these regulations and the required number of prints for review, including the following: a. The name and vicinity map of the location of the subdivision within the City drawn at one inch (1 ) equals five hundred feet (500 ) scale, including adjoining land uses; b. Scale of subdivision drawings and north direction arrow; c. Information block indicating the zoning, total acreage, total number of lots and their dimensions, total length of the streets, average lot size, total number of blocks and their dimensions; d. Phases within the development; e. Location of proposed or existing easements and/or servitudes; f. Proposed building setback lines; g. Existing streets that provide access to development and type; h. Names, locations, types of surfacing, and other dimensions of proposed streets; 17
i. Typical cross sections of the proposed grading and roadways, sidewalks and topographic conditions; j. Location of green space, park or playground areas and the amount provided; k. Proposed surface drainage plan and erosion/sedimentation control plan; l. Proposed water, sewerage layout and utility layouts; m. Wetland demarcation lines (as determined by the U.S. Army Corps of Engineers) and Flood Zone demarcation lines (indicate FIRM Map and panel number); n. Existing structures; o. A legal description of the property being developed. 3. A notarized affidavit of ownership which shall disclose all contiguous holdings of the owner including land in common ownership as defined herein, with an indication of the portion which is proposed to be subdivided, as well as dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the Parish Clerk of Court's office. This affidavit shall advise the Planning Commission as to the legal owners of the property, the persons proposed to acquire the property, the date contract of sale was executed and, if any corporations are involved, include a listing of all directors, officers, and stockholders of each corporation owning more than five percent of any class of stock. 4. If any of the items required to be submitted have not been submitted or if the conceptual sketch plat submitted is incomplete or does not conform to the requirements of these regulations or if the application and/or required supplemental information is not in accordance with the provisions of these regulations, the Planning Director or his/her duly authorized representative will notify the petitioner of rejection of the application. In such cases, the Planning Director or his/her duly authorized representative shall send written notice to the petitioner stating the reasons for the rejection of the application. C. Action on Tentative Subdivision Approval for Major Subdivisions 1. After reviewing and discussing the conceptual sketch plat, other submitted materials and all other reports submitted by other agencies and/or officials, the Planning Commission will advise the petitioner as to approval, conditional approval, or disapproval of the application and the reasons therefore. Planning Commission approval or conditional approval of the conceptual sketch plat shall constitute authorization to the petitioner to prepare and submit a preliminary plat to the Planning Commission for approval. 2. In the case of a conditional approval requiring amendment of the conceptual sketch plat, the petitioner shall resubmit the required number of copies of the application documents with the amendments required for approval by the Planning Commission prior to submission of the preliminary plat. 3. Failure to submit amended documents sufficient to meet the conditional approval requirements of the Planning Commission in the prescribed time period shall constitute a failure to meet the conditions of approval and shall cause the application as disapproved. 4. The Planning Commission must approve the tentative subdivision plat before the petitioner(s) can submit plats for preliminary review. 18