§ 18-91. Processing of application.

The following standards, except those in subsection (o), are applicable to all borrow pits operations.

The standards set forth in subsection (o) are applicable only to: (A) sand pits, (B) borrow pits permitted after the effective date of the ordinance wherein the Borrow Pit is used exclusively for the providing of fill materials to Plaquemines Parish public levees, whether federal, state, or locally sponsored projects, and wherein the borrow pit is located on the West bank of the Mississippi River, between the southern property line of the property upon which Captain Larry's Seafood is situated (municipal address 11334 Highway 23, Belle Chasse, Louisiana 70037), and the northern property line of the property upon which St. Jude Church is situated (municipal address 24220 Diamond Road, Port Sulphur, Louisiana), and (C) borrow pits with operations less than ten (10) acres in size.

(a)

All borrow pit operations shall be permitted. Either the owner and/or the operator of each borrow pit operating in the parish after the effective date of this ordinance shall file a completed application, including all requisite attachments, with the DPZ, and shall pay all fees as provided for in the Ordinance. The review process by the DPZ shall be a minimum of thirty (30) days.

(b)

Prior to the issuance of the borrow pit permit, any person who constructs, operates, uses, leases or owns a borrow pit site shall provide an irrevocable letter of credit ("LOC") by a financial institution organized or authorized to do business in the United States and identify the Plaquemines Parish Government as the sole payee with full authority to demand immediate payment in the case of default in the performance of the terms the reclamation plan (including, but not limited to, any applicable back-filling) ultimately approved by the council.

(1)

The LOC must be payable to the Plaquemines Parish Government, for the initial one million (1,000,000) cubic yards of fill material to be sold, in the amount of the lesser of three dollars ($3.00)/yard of material to be sold, or one million five hundred thousand dollars ($1,500,000.00).

(2)

The initial expiration date of the LOC must not be less than one (1) year from the effective date of the LOC. The LOC must contain a provision for automatic renewal for periods of not less than one-year in the absence of notice from the financial institution to the Plaquemines Parish DPZ, via certified and ordinary mail at least ninety (90) days prior to the originally stated, or any extended, expiration date of the financial institution's election not to renew.

(3)

The LOC must contain provisions allowing collection by the Plaquemines Parish Government for failure of the obligor to replace the bond when ninety (90) days' notice is given by the financial institution that the LOC will not be renewed and the LOC is not replaced by other suitable bond or LOC at least thirty (30) days before its expiration date.

(4)

The LOC shall be payable to the Plaquemines Parish Government upon demand, in part or in full, upon receipt from the authorized officer of Plaquemines Parish Government (the Plaquemines Parish President, or alternatively, the Plaquemines Parish Council Chairperson, acting pursuant to a resolution approved by the council, of a notice of default, stating the basis therefore, e.g., default in compliance with the permit or the failure to file a replacement for an expiring LOC as described in item (3) above.

(5)

The LOC must be subject to the Uniform Customs and Practice for Documentary Credits.

(c)

In the alternative, the person who constructs, operates, uses, leases or owns a borrow pit site may provide a performance and payment bond in favor of the parish. This bond shall be a commercial bond issued by a bonding company duly licensed in the State of Louisiana, pursuant to the requirements of La. R.S. 38:2219, meeting the same bonding requirements and amounts set forth for an LOC, above.

(d)

The borrow pit operator or owner must provide proof of the sales taxes paid on each five hundred thousand (500,000) cubic yards sold, and must back-fill, when applicable, the excavation caused by each 500,000 cubic yards of fill sold, prior to starting further excavation. Failure to completely back-fill after each five hundred thousand (500,000) cubic yards of fill material has been sold shall result in an immediate call on the letter of credit, and revocation of the applicant's borrow pit permit, and any assessment of all other applicable penalties and fines.

(e)

It is the applicant/permittee's sole responsibility, on a yearly basis, to maintain with the DPZ an adequate letter of credit or performance/payment bond, in the properly calculated amount, prior to the one year anniversary date of the filed application. Failure to do so shall result in immediate rescission and termination of the permit, with no advance notice.

(f)

In addition, prior to the issuance of the borrow pit permit, the applicant shall provide a commercial general liability insurance policy, naming the Plaquemines Parish government as an additional insured, and providing for the indemnifying and defending of the parish government from any and all claims and causes of action for injury to or death of a person or property damage filed in any regulatory proceeding, arbitration, or court of competent jurisdiction against the parish government, its elected officials, officers and employees, arising out of or in any manner connected to acts or omissions of such Applicant, its officers, agents, employees and representatives. The surety or insurer issuing such policy shall meet the requirements of LSA. R.S. 38:2219.

(g)

The applicant shall submit its application to the DPZ, then retain for consultation with the DPZ, the services of an independent licensed professional civil engineer to review for completeness the application package submitted by the applicant. The engineer shall review the application, prepare an independent written report of compliance or non-compliance of the application package, and shall deliver the original independent report directly to the DPZ, and shall deliver a copy of the report simultaneously to the applicant, and the report shall include a certification in writing by the engineer to the DPZ, certifying the independent nature of the report, and detailing compliance or non-compliance of the application package submitted by the applicant with each requisite document mandated by section 18-90.

(h)

The applicant shall have sixty (60) days from the date the parish mails a notice of deficiency report to the applicant to cure any noted deficiencies. If an applicant fails to completely and fully cure each deficiency timely, the application shall be deemed denied. For good cause shown to the superintendent of permits, the "cure" period may be extended thirty (30) days, once.

(i)

Failure of an applicant to timely cure all deficiencies shall automatically preclude and disallow such immovable property so affected by the application from being considered for permitting by the council for a period of twelve (12) months from the later of the following dates: (a) failure to cure as per subsection (e) above; (b) final denial by any Department head to approve and refer an application to the Council for consideration, or (c) denial of a Permit by the council.

(j)

In the event the council denies an application, or it is deemed denied under subsection (e), the applicant shall have sixty (60) days from the effective date of the vote of the council to seek judicial relief with the 25th District Court for the Parish of Plaquemines.

(k)

If the retained engineer reports to the DPZ that the application conforms to each documentation requirement of section 18-90, the DPZ, within thirty (30) days of receipt of the report from the engineer, shall forward to the council one (1) copy of the complete application, with attachments, and the engineer's report certifying that all application documentation mandated by the ordinance has been met.

(l)

When considering borrow pit permit applications, the council in rendering its decision shall, on the basis of the documents submitted with the application, the concerns expressed by citizens, and other information or documents submitted at the public meeting on the application, evaluate the impact of the special use on, and the compatibility of the use with surrounding properties, and neighborhoods to ensure the appropriateness of the use at a particular location. The council shall specifically consider the extent of the:

(1)

Economic impact of the project upon the community.

(2)

Public opposition or public support.

(3)

Impact on traffic.

(4)

Impact on drainage.

(5)

Impact on security and evacuation routes.

(6)

Impact upon all existing and proposed federal and non-federal levee systems.

(7)

Satisfactory back-filling plan or requirements.

(8)

Safety afforded neighboring properties.

(9)

Material damage or prejudice to other property in the vicinity.

(10)

Material detriment, if any, of the proposed use on the public health, safety, convenience or welfare of the people and Property of this parish.

(m)

No permit shall be issued by the dpz until the permit application has been approved by the council. Council approval of the permit application may be conditioned upon additional conditions the council reasonably determines are necessary to safeguard the public health, safety and welfare of the people and property of Plaquemines Parish. Council approval of the permit application shall not constitute an "issuance of the permit." Any conditions imposed shall be set forth in the resolution approving the special use and shall be incorporated into the permit issued.

(n)

In connection with the operation of any borrow pit and other excavations of property within the parish neither the approval or issuance of a permit, the non-performance of any enforcement procedure nor any provision of the parish borrow pit ordinance shall constitute or be construed as a warranty or guarantee by the parish, the council, or any parish department, agency or enforcement official as to durability or fitness, or as a warranty or guarantee by the parish, the council, or any parish department agency, or enforcement official that said borrow pit or any materials, equipment, or method or type of construction excavation used therein is or will be free from defects, will perform in a particular manner, is fit for a particular purpose, or will last in any particular way. In the approval and issuance of a permit, the enforcement of any provision of the parish borrow pit ordinance, the performance or non-performance of any procedure by the parish or any parish permit, inspection or enforcement department or agency, shall be deemed to be a discretionary act and shall be subject to the provisions of R.S. 9:2798.1.

(o)

Once all excavation is completed, the letter of credit or performance and payment bond shall be reduced to two hundred fifty thousand dollars ($250,000.00) to ensure maintenance of the requisite signage and fencing. The provisions of subsections 18-89(b) and (f) are to be met by these subsection (o) borrow pits within one hundred eighty (180) days of the effective date of this ordinance, and such mandates are to be maintained thereafter unless or until back-filling occurs.

(Ord. No. 12-238, § 6, 12-13-12)