§ 20-6. Requirements for the subdivision of land.

(a)

Each subdivision or subdivided area and plan of subdivision shall contain:

(1)

A plan for conditional approval submitted to the parish government, on paper no larger than twenty-four (24) inches by thirty-six (36) inches and in a digitized format compatible with the requirements of the parish engineering department, containing and showing how the provisions of this chapter shall be met.

(2)

A plan for final approval, on paper no larger than twenty-four (24) inches by thirty-six (36) inches and in a digitized format compatible with the requirements of the parish engineering department, submitted to the parish government showing that the provisions of this chapter have been satisfied and all necessary improvements constructed and completed.

(3)

A plan showing elevation by reference to NGVD, cross section of all streets and alleys which must detail all proposed street improvements between the lot lines on each side of the street and the location of all streets, alleys, buildings, water courses, sewer mains, water mains, culverts and other structures (above and below ground), servitudes, rights-of-way, easements and other existing features within the area to be subdivided and all tie-ins in and to the adjoining or abutting streets, alleys, buildings, water courses, sewer mains, water mains, culverts, easements and other structures (above and below ground).

(4)

For the plan for final approval, details of the final grade of the finished street(s), the type of surfacing, the width and thickness and base preparation of same, the position and type of curbs, if any, and the position and type of drains, and the position of sidewalks if any with reference to lot and curb lines.

(5)

a.

Those utilities required by applicable local, state and federal laws, rules and regulations, as well as other utilities proposed by the owner/developer.

b.

For conditional approval, available utilities including, but not limited to, potable water, gas, electricity, sewer, telephone, cable and fiber optic to each lot or building site.

c.

For final approval, those utilities in place and as built, except for those private, quasi-public or public utilities to be installed thereafter which accommodations therefor shall be shown.

(6)

The location of all existing property lines, north point and scale.

(7)

The signature and certification of a registered land surveyor or civil engineer, State of Louisiana, where applicable, that he prepared the plans submitted, whether original or final, and that the same conform to all the requirements of this chapter.

(8)

a.

In all proposed subdivisions of six (6) lots or more, except as provided in subsections 20-8(b) and (c), publicly dedicated and accepted streets in fee of a minimum right-of-way width of fifty (50) feet, all with hard surfacing (concrete or asphalt) of the roadway traffic area of not less than twenty-four (24) feet in width, including the public right-of-way from the existing hard surface to the property line, all of which shall comply with standards established herein for streets and road paving and which shall conform to the requirements of the probability growth models and street plans adopted by the parish council. Street elevations shall be a maximum of thirty (30) below the base flood elevation required by the National Flood Insurance Administration as shown on the flood insurance rate maps for Plaquemines Parish. In areas where there is no required base flood elevation, the maximum street elevation shall be thirty (30) inches below the state or parish maintained highway nearest to the proposed street(s). Sidewalks, if any, shall be located on private property outside of the public right-of-way, shall be private and shall not be the responsibility of the parish or the parish government.

b.

In all proposed subdivisions of five (5) lots or less, streets of a minimum right-of-way width of fifty (50) feet with aggregate surfacing of the roadway traffic area of not less than twenty-four (24) feet in width, or a minimum right-of-way width of twenty-five (25) feet if located along the side property line, with aggregate surfacing of the roadway traffic area of not less than twelve (12) feet in width. Street elevations shall be maximum of thirty inches (30") below the base flood elevation required by the National Flood Administration as shown on the Flood Insurance Rate Maps for Plaquemines Parish. In areas where there is no required base flood elevation, the maximum street elevation shall be thirty (30) inches below the state or parish maintained highway nearest to the proposed street(s). Sidewalks, if any, shall be as provided in subparagraph (a) above. The street(s) shall be classified private and the parish and the parish government shall have no responsibility or liability therefore. The owner/developer shall hard surface (concrete or asphalt) the public street right-of-way from the existing hard surface to the property line. The owner/developer and the lot owners shall be responsible for the construction, repair, maintenance and upkeep of all utilities from the public street right-of-way to each lot, and the parish and the parish government shall have no responsibility or liability therefore. Language to this effect shall be included on the plot plan and in the ordinance approving the subdivision with a copy duly recorded at the cost of the owner in the conveyance records of the clerk of court, Plaquemines Parish, Louisiana. Any further subdivision or resubdivision of such property shall comply with the provisions of subparagraph (a) above for street and sidewalks; however, this does not apply to property subdivided or resubdivided prior to enactment of this ordinance.

c.

Streets of a minimum right-of-way width of fifty (50) feet with aggregate surfacing of the roadway traffic area of not less than twenty-four (24) feet in width in all proposed subdivisions where there are existing public street rights-of-way tacitly or statutorily dedicated and accepted, and no new streets are to be created. Sidewalks, if any, shall be as provided in subparagraph a. above.

d.

In all proposed subdivisions for lots having some frontage on public or private waterways subject to tidal action, excluding the Mississippi River and the Gulf Intracoastal Waterway, to be located in the flood plain district, as defined in the comprehensive zoning ordinance, publicly dedicated and accepted streets in fee of a minimum right-of-way width of fifty (50) feet, all with hard surfacing (concrete or asphalt) of the roadway traffic area of not less than twenty-four (24) feet in width, including the public right-of-way from the existing hard surface to the property line, all of which shall comply with standards established herein for streets and road paving and which shall conform to the requirements of the probability growth models and street plans, if any, adopted by the parish council. Sidewalks, if any, shall be located on private property outside of the public right-of-way, shall be private, and shall not be the responsibility of the parish or the parish government. Notwithstanding anything in this paragraph to the contrary, the owner/developer may elect to construct and maintain any proposed streets(s) with aggregate surfacing for a period of time, not to exceed thirty-six (36) months from date of conditional approval, approved by the parish's engineers, to allow for settlement of fill material after which such street(s) shall then be hard-surfaced (concrete or asphalt). During the period of aggregate construction and maintenance, the street(s) shall be classified private and the parish government and the parish shall have no responsibility or liability therefor until such time as the street(s) is(are) hard surfaced at the sole expense of the owner/developer and dedicated to and accepted by the parish and the parish government. Sidewalks, if any, shall be as provided for hereinabove. Prior to conditional approval, as a condition of providing the aggregate construction for streets, the owner/developer shall open an interest-bearing escrow account under an escrow agreement approved by the parties with a mutually acceptable escrow agent and deposit therewith funds sufficient to meet the cost of hard-surfacing said streets. The projected cost shall be approved by the parish's engineers. The account shall be opened in the name of the escrow agent. Any funds remaining in the account after completion of the work shall be disbursed according to the terms of the escrow agreement. If the escrowed funds are insufficient to meet the construction costs, the owner/developer shall pay such additional amount to the parish government within thirty (30) calendar days following written receipt of the charges from the parish, and the parish government shall have the right to file and record a lien in the mortgage records of the clerk of court for Plaquemines Parish against the owner/developer and the property for any amount unpaid. The amount due according to the lien shall be placed on the assessments for the property by the assessor.

(9)

a.

Adequate permanent drainage within, under or outside of the public street right-of-way and other adequate permanent drainage structures within, under or outside of all other rights-of-way, and

b.

Adequate drainage of the entire subdivided area, including any adjoining property to be drained through the subdivided area, of sufficient size and construction to convey all runoff waters in and leading from the subdivided area to the Parish drainage canal. Those lots with common rear property lines shall be designed so that surface water flows to the street and in those areas rear servitude open ditches will not be permitted, and

c.

The location, type (surface or subsurface), size, direction, construction and other details of the drainage supported by engineering reports completed by the owner/developer and approved by the director of operations.

d.

For gated subdivisions having private streets, the minimum lot frontage shall be sixty (60) feet measured along the setback line and with a minimum lot size of eight thousand four hundred sixty (8,460) square feet, except for lots fronting on a cul-de-sac as provided in subparagraph c above. If a subdivision is approved with the minimum lot frontage of less than sixty (60) feet, measured along the setback line except for lots fronting on cul-de-sacs as provided in subparagraph c above, a variance shall not be requested or allowed for a gated community.

(10)

Name, size, grade and type of all streets, alleys, buildings, water courses, sewer mains, water mains, culverts, drainage, underground structures, easements and all tie-ins to features of the same type adjoining or abutting the subdivision with similar information, if available, and any other existing features within the area to be subdivided, detailed and located.

(11)

Names and locations of all adjoining subdivisions.

(12)

Zoning district and flood zone identification.

(13)

Signature blocks for parish president, director of operations and blocks for resolution/ordinance number and date.

(14)

A title under which the proposed subdivision is to be recorded, the name of the owner and the name of the registered land surveyor and/or civil engineering plotting the subdivision and tract; north point and scale.

(15)

a.

Provisions for each lot, parcel or building site having at least a seventy-five-foot frontage, measured along the setback line, on a publicly dedicated and accepted street; or

b.

Provisions for each lot, parcel or building site having at least a sixty-foot frontage, measured along the setback line, (1) for those lots along a private street or an existing publicly dedicated and accepted street, or (2) for those lots pursuant to subdivision plats recorded in the official records of Plaquemines Parish prior to the adoption of Plaquemines Parish Commission Council Ordinance No. 113, adopted May 28, 1970.

c.

For lots located on a cul-de-sac, the minimum lot frontage shall be sixty (60) feet measured along the setback line;

d.

For gated subdivisions having private streets, the minimum lot frontage shall be seventy-five (75) feet measured along the setback line except for lots fronting on a cul-de-sac as provided in subparagraph c. above.

e.

Each lot shall conform to the total square foot requirements of the comprehensive zoning ordinance, as amended, and probability growth models adopted for the area.

f.

In all proposed subdivisions for lots fronting on public or private waterways subject to tidal action, excluding the Mississippi River and Gulf Intracoastal Waterway, to be located in the flood plain district as defined in the comprehensive zoning ordinance, (1) provisions for each lot, parcel or building site having at least a fifty (50) foot frontage, measured along the setback line, on a publicly dedicated and accepted street; and a minimum fifty-foot frontage, measured along the setback line, on the waterway; or (2) where the development does not provide for streets a minimum fifty-foot frontage measured along the setback line on the waterway; provided, however, that for lots, parcels or building sites proposed as "boathouses" in a marina/boatharbor development only, (1) a minimum lot frontage of thirty (30) feet measured along the setback line on a publicly dedicated and accepted street; and a minimum thirty-foot frontage, measured along the setback line on the waterway; or (2) where the development does not provide for streets a minimum thirty-foot frontage measured along the setback line, on the waterway; provided further, however, that the requirement for publicly dedicated accepted streets may be extended as provided in section 20-6(a)(8)d.

g.

Townhouse subdivision regulations are not included in the provisions herein set forth in paragraph 20-6(a)(15) of this subdivision ordinance and are exempt herefrom, and are covered by the provisions of Section VIII, 7A of Plaquemines Parish Comprehensive Zoning Ordinance No. 142, revised through Ordinance No. 96-52, adopted March 14, 1996.

h.

The minimum frontage requirements shall not apply to lots located in a subdivision formally approved by the parish government and legally recorded prior to the date of any amendment increasing the minimum frontage requirements, in which case such lots shall be grandfathered.

(16)

The lot number or letter, the municipal (911) number, size, location and elevation for each lot, parcel or building site. All lots, plots or building sites in any original subdivision shall be numbered consecutively from one to the total number of lots in the subdivision; the elimination of block numbers or letters is desired. For any subdivision that is planned and developed in units of more than one (1) filing, the lots shall be numbered consecutively, not duplicating any lot numbers in previous filings.

(17)

Traffic control signs and signals installed by the owner/developer pursuant to parish, state and federal laws, rules and regulations.

(18)

Street lighting according to standards established by ordinance or regulations of the parish council for public street lighting. In no event shall the space between two (2) lights be over two hundred (200) feet. Light stands, fixtures and other specifications for lighting are to be approved by the director of operations.

Any new subdivision shall have its street lighting system approved by the parish engineering department, the parish council, and ENTERGY Corporation prior to its construction and shall be required that ten (10) percent of all supplies used in said street lighting system be placed in a storage system for use as spare parts.

(19)

The arrangements of streets in new subdivisions providing for the continuation of existing streets in adjoining subdivision(s) or other proper projections where adjoining property is not subdivided, insofar as they may be necessary for public right-of-way requirements and to conform with adopted probability growth models and street plans.

(20)

A dedication of the other half of a street or alley whenever there exists a dedicated or planned half street or alley adjacent to the tract to be subdivided. All streets approximately in alignment with existing streets shall bear the names of the existing streets and all other streets shall be assigned names which do not conflict with names of existing streets.

(21)

An alley twenty-six (26) feet wide including provisions for a six-foot wide sidewalk in the rear of all business lots if the proposed development provides for rear access by service vehicles.

(22)

Street signs placed at each intersection and stenciled or painted on metal plating, not smaller than six (6) by eighteen (18) inches in letters three and one-half (3½) inches in height and attached to a metal sign post placed not less than three (3) feet in ground and at about eight (8) feet above ground according to parish specifications.

(23)

A turning loop for every dead end public street or alley as follows:

a.

For a public street on which school buses travel for pickup of children, there shall be a turning loop having a minimum inside radius of thirty (30) feet;

b.

For other public streets, there shall be a turning loop having a minimum inside radius of twelve (12) feet;

c.

For private streets, there shall be a turning loop having a minimum inside turning radius of thirty (30) feet to accommodate emergency service vehicles turnaround.

(24)

a.

Sanitary sewerage disposal, connections and mains made for the subdivision if parish, state or federal health and sanitation codes require connections to an existing public sanitary sewer main.

b.

In all proposed subdivisions of twenty (20) lots or more, where there is no health and sanitation code requirement necessitating connection to an existing public sanitary sewer main, the owner/developer shall construct a sanitary sewer system with a community package plant to serve the subdivision subject to and consistent with all local, state and federal laws and regulations. The owner/developer shall also construct a force main line(s) according to parish specifications to accommodate connections to a public sanitary sewer system in the future and shall dedicate by written act to the parish government the utility servitudes according to parish specifications for the complete public system. The owner/developer and the lot owners shall be responsible for the permitting, maintenance, upkeep, repair and replacement of the system or any part thereof, and the parish government and the Parish shall not be responsible therefor. Language to this effect shall be included in the chapter approving the subdivision with a copy duly recorded at the expense of the owner in the conveyance records of the clerk of court, Plaquemines Parish, Louisiana.

c.

In all respects, methods of disposal of domestic sewerage may be utilized, subject to parish, state and federal laws and regulations.

(25)

The buildable area of the main structure for each lot, according to the regulations of the parish comprehensive zoning ordinance, as amended, shall be shown on the plan.

(26)

When required by law, rule or regulations, easements/servitudes for installation and maintenance of all utilities, drainage, passage, and other necessary facilities reserved and shown on the plan.

(Ord. No. 96-41, § 2, 3-14-96; Ord. No. 96-80, § 2, 5-23-96; Ord. No. 97-191, § 1, 10-9-97; Ord. No. 98-74, §§ 1, 2, 4-9-98; Ord. No. 99-261, §§ 1—4, 11-4-99; Ord. No. 02-48, § 1, 3-28-02; Ord. No. 02-89, § 1, 5-23-02; Ord. No. 06-154, § 1, 9-28-06; Ord. No. 09-166, §§ 1, 2, 7-23-09; Ord. No. 11-260, § 1, 9-8-11)