These subdivision regulations as herein set forth have been prepared for the town to promote the public health, safety, and general welfare of the community; to provide for the proper arrangement of streets in relation to existing or proposed streets; to provide for adequate and convenient open spaces for vehicular and pedestrian traffic, utilities, access of firefighting apparatus, recreation, light and air, and the avoidance in congestion of the population; and to facilitate the orderly and efficient layout and appropriate use of land. In addition, these regulations provide for the accurate surveying of land, preparing and recording of plats and the equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and petitioners.

(Code 1978, § 12-7001; Ord. of 10-10-2013, § I(1))

(a)

In accordance with the provisions of R.S. 33:101 et seq., and particularly R.S. 33:112 thereof, and in order to promote the health, safety, convenience, morale and general welfare of the community; to provide for the proper arrangement and width of streets in relation to other existing or planned streets and to the master plan; and to provide for adequate and convenient open spaces for traffic, vehicular parking, utilities, access of firefighting apparatus, recreation, light and air for avoidance of congestion of population, the regulations of this title are adopted by the town.

(b)

The town may reject any permit application based upon the health, safety and welfare based on the factors enumerated in subsection (a) of this section.

(c)

No sale of land shall occur when such sale meets the descriptions contained herein until such approval is granted as required by these regulations or by other local and state law.

(d)

Administration of these regulations shall be by the board of aldermen under the direction of the mayor. From the date of adoption, this title shall regulate all subdivision of land within the corporate limits of the town.

(Code 1978, § 12-7002; Ord. of 10-10-2013, § I(2))

(a)

(1)

These regulations shall not apply to:

a.

The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this title or the comprehensive zoning ordinance.

b.

The division of land into parcels greater than ten acres to be used for orchards, forestry or farming, provided that the owner certifies upon the final plat to the mayor that such land is to be used only for orchards, forestry or farming and provided that such final plat evidences the mayor's signature and approval prior to filing with the town.

c.

Parcels of land sold to or exchanged between adjoining property owners, where such sale or exchange does not create additional lots and where the sale or transfer results in one contiguous tract, provided that the property owner certifies upon the revised plat that the sale or exchange does not create additional lots and provided that such final plat evidences the mayor's signature and approval prior to filing with the town.

d.

The public acquisition by purchase of strips of land for the widening or opening of streets.

(2)

The provisions of these regulations shall not apply in the case of bona fide partitions of property by the legal heirs of a landowner after his death, nor in the case of the distribution by a landowner to his direct descending heirs, either by testamentary disposition or through transfer and distribution during the lifetime of the landowner; however, such final plat shall evidence the mayor's signature and approval prior to filing with the town such transfer or sale shall not be in violation of section 120.05.020. This section shall not be interpreted to restrict the owners of property gained through this form of acquisition from constructing their personal residence and residing in same. Tracts or lots created under this exclusion may not be used for placement of more than one mobile home. No manufactured homes may be used for rental or lease purposes except in an approved manufactured home park.

(b)

The petitioner shall be responsible for filing the approved plat with the town, providing the town with a number of certified copies as required for minor subdivisions.

(Code 1978, § 12-7003; Ord. of 10-10-2013, § I(3))

(a)

The board of aldermen shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matter pertaining to this title. This schedule of fees shall be available from the mayor's office and may be altered or amended only by the board of aldermen.

(b)

No permit, certificate, special exemption or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the planning commission and or board of aldermen unless or until preliminary charges and fees have been paid in full.

(Code 1978, § 12-7004; Ord. of 10-10-2013, § I(4))

No sale of land either by lot description or metes and bounds shall be made prior to the approval of a plat thereof as established by these regulations. Whoever, being the owner or agent of the owner of any land located in a subdivision, transfers or sells land by reference to, or exhibition of, or by other use of a plat of a subdivision, before such plat has been approved in accordance with these regulations and recorded or filed with the town, shall forfeit and pay a penalty of $500.00 for each lot or parcel so transferred or sold, and the description of such lot or parcel by metes and bounds in the instrument of transfer of other document used in the process of selling or transferring shall not exempt the transaction from such penalties.

(Code 1978, § 12-7005; Ord. of 10-10-2013, § I(5))

(a)

In addition to fees in this title, the board of aldermen reserves the right to adopt impact fees for new developments.

(b)

Impact fees on new developments are collected for the purpose of providing new or expanded public capital facilities required to serve that development. The fees typically require cash payments in advance of the completion of development, are based on a methodology and calculation derived from the cost of the facility and the nature and size of the development, and are used to finance improvements offsite of, but to the benefit of the development.

(c)

Impact fees on new developments are collected for the purpose of providing new or expanded public capital facilities required to serve that development. The fees typically require cash payments in advance of the completion of development, are based on a methodology and calculation derived from the cost of the facility and the nature and size of the development, and are used to finance improvements offsite of, but to the benefit of the development.

(d)

The impact fee shall be paid for each lot created through the subdivision process when building permits are applied for by the owners of said lots.

(Code 1978, § 12-7006; Ord. of 10-10-2013, § I(6))

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

100-year flood means the highest level of flood that, on the average, has a one percent chance of occurring in any given year.

Application means 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 town concerning a request.

Application complete means a completed application staff review for all information required by these regulations, unless waived, and the submission of the required fees.

Block means a parcel of land within a subdivision or development that is bounded by public streets, highways, railroad rights-of-way, public walks, cul-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 means 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.

Culvert means a pipe or enclosed channel that conveys water by gravity under a road, railway, or embankment.

Developed area means any area on which a site improvement or change is made, including buildings, landscaping, parking areas and streets.

Drainageway means non-navigable aboveground watercourses, detention basins or depressions which collect and convey stormwater runoff.

Dwelling unit means 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 family.

Easement means 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. The terms "easement" and "servitude" are considered the same.

Engineer, professional, means a professional engineer in good standing registered by the state professional engineering and land surveying board.

Fill means any material, including, but not limited to, dirt and concrete that is placed above natural grade.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management.

Lot means 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, means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot depth means 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, means a lot other than a corner lot that has frontage on more than one street.

Lot, interior, means a lot that is not a corner lot.

Lot line, front, means 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, means 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 long lying entirely within the lot, generally parallel to and the greatest distance from the front lot line.

Lot line, side, means any lot line not a front or rear lot line.

Lot of record means a recorded, platted lot or a parcel of land lot, the map of which has been recorded in the town, or a lot described by metes and bounds, the description of which has been recorded with the town.

Lot width means the width of a lot as measured along the minimum front building setback line.

Manufactured home park means a unified development of two or more manufactured home sites, plots or stands, arranged on a large tract usually under single ownership, meeting the area and yard requirements of this title, and designed to accommodate manufactured homes for a more or less permanent duration. Such term may include travel trailer accommodations, provided that no more than 25 percent of the park is used for such purpose.

Manufactured housing means 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. The term "manufactured housing" specifically refers to housing built to 42 USC 5403, Federal Manufactured Home Construction and Safety Standards set by the U.S. Department of Housing and Urban Development (HUD).

Mobile home means a prefabricated trailer-type housing unit that is semi-permanently attached to land, either the owner's fee land or leasehold. A mobile home is a moveable or portable structure designed and constructed on its own chassis and intended for connection to utilities for yearround occupancy as a dwelling. Any dwelling unit that qualifies as a manufactured or modular home according to the definitions herein is not considered a mobile home. Furthermore, a travel trailer is not considered a mobile home.

Modular home means a house 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 (International Building Code standards) where the structure is to be located.

Multifamily development means a subdivision which contains three or more dwelling units on land in common ownership, such as apartment buildings, condominiums or manufactured home parks.

Open space, common, means 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. Common open space may include complementary structures and improvements, typically used for maintenance and operation of the open space, such as for outdoor recreation.

Open space, usable, means 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 ten percent.

Person means and includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

Petitioner or applicant means the person applying for subdivision approval under these regulations.

Plat means 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 structures, and significant natural features. For purposes of these regulations, the term "plat" is not to be construed as a site plan.

Plat, final, means 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 town, to be signed by the mayor, and placed on file with the town and parish clerk of court.

Plat, preliminary, means a subdivision survey plat preparatory to the preparation of a final plat, accompanied by engineering construction plans and specifications for the construction of any and all public and private improvements shown or required to be shown on the preliminary plat.

Right-of-way means 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.

Servitude. See Easement.

Side drain means drainage pipe placed under residential or commercial driveways, commonly referred to as a culvert or driveway pipe.

Sidewalk means an improved pedestrian surface that is typically located adjacent to a roadway or street.

Sight distance means the length of an unobstructed view from a particular access point to the farthest visible point of reference on a roadway. Sight distance is used in these regulations as a reference for unobstructed road visibility.

Site plan or development plan means 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 means drainage pipe used for subsurface applications that does not include side drains or cross drains.

Street means 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 means 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 means public thoroughfares that serve the major movements of traffic within and through the town and the parish.

Boulevard means a street that is divided by a median or neutral ground.

Collector street means public thoroughfares that serve to collect and distribute traffic primarily from local residential streets to arterial streets.

Cul-de-sac means a local street with only one outlet and having an appropriate termination based on adopted development standards for the safe reversal of traffic movement.

Industrial or commercial street means collector or arterial street servicing industrial or commercial uses.

Local street means a street that is used primarily for direct access to abutting residential properties and leading into the collector street system.

Marginal access street means a minor street that is parallel to or adjacent to arterial streets and highways that provide ingress and egress from abutting properties and protection from through traffic. The term "marginal access street" is also commonly referred to as a frontage road or service road.

Private right-of-way means a minor residential street servicing no more than eight dwelling units, which is not intended to be dedicated as a public way.

Private street means a street owned by residents and have publicly recognized indenture or covenants that outline governance and act as a deed restriction.

Structure means anything constructed or erected that requires more or less permanent or semi-permanent location on the ground or the attachment to something having permanent location on the ground, including, but not limited to, retaining walls, gasoline pumps, signs, manufactured housing, and vending machines.

Subdivider or developer means any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

Subdivision means the division of a parcel of land into two 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 "subdivision" includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided.

Subdivision, administrative, means any subdivision that does not require planning and planning commission approval and involves four or fewer lots.

Subdivision, major, means any subdivision not classified as a minor or administrative subdivision.

Subdivision, minor, means any subdivision that involves eight or fewer lots and requires planning and planning commission approval.

Substantial completion means 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, professional, means a land surveyor in good standing registered by the state professional engineering and land surveying board.

Tract or parcel of land means 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.

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling and may be hauled along a highway.

(Code 1978, § 12-7006.5; Ord. of 10-10-2013, § II)

Any person 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 town shall comply with the procedures established in this title and other applicable sections of this title and in the sequence specified.

(Code 1978, § 12-7006.7; Ord. of 10-10-2013, § III(intro. ¶))

Whenever any administrative, minor or major subdivision of land 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:

(1)

Administrative subdivision. 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 ten acres, provided the requirements described in section 120.05.130 are met.

a.

Approval of final plat.

(2)

Minor subdivision. Subdivision of no more than eight lots provided the requirements described in section 120.05.140 are met.

a.

Preliminary approval of preliminary plat.

b.

Approval of final plat.

(3)

Major subdivision. Any subdivision that is not an administrative or minor subdivision, or exempted below, provided the requirements in section 120.05.150 are met.

a.

Preliminary approval of preliminary plat.

b.

Approval of final plat jointly with:

1.

Acceptance of dedication of public improvements by board of aldermen.

2.

Posting of performance bond or irrevocable letter of credit for the construction of required public improvements and subsequent acceptance of dedication of improvements by the board of aldermen.

(4)

Manufactured home park. A development that meets the requirements of section 120.05.160.

a.

Approval of site plan (by board of aldermen).

(5)

No subdivision review required. No subdivision review is required for the public acquisition of land for roads, sewer or water infrastructure.

(Code 1978, § 12-7007; Ord. of 10-10-2013, § III(7))

(a)

Pre-application meeting. A pre-application meeting is mandatory before filling an application for a minor or major subdivision, and optional for an administrative subdivision.

(b)

Purpose of meeting. The pre-application meeting shall be held with the building official and/or town engineer, to discuss the procedures, standards and regulations required for approval in accordance with this title and other applicable town codes.

(c)

Complete applications. An application is complete when it contains all the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this development code. Details for each application are included in the specific procedure section of this title. The presumption is that all of the information required in the application forms is necessary to satisfy the requirements of this development code. However, it is recognized that each application is unique, and more or less information may be required according to the needs of the particular case, the applicant may rely on the determination of the building official as to whether more or less information may be submitted.

(d)

Concurrent applications. Applications may be filed and reviewed concurrently, at the option of the applicant. However, any application that also requires a variance shall not be eligible for final approval until the variance has been granted. Further, applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

(e)

Modification of application. An application may be modified at the applicant's request following the approval of the building official or his duly authorized representative. Any modification after a hearing but prior to a final decision shall require a new hearing.

(Code 1978, § 12-7008; Ord. of 10-10-2013, § III(8))

(a)

Public notice required. Required public notices are summarized above. More detailed information may be included with each specific procedure.

(b)

Forms of public notice.

(1)

Written notice of public hearing. At least ten days prior to a public hearing, a good faith attempt to notify the owner of record shall be made by sending an official notice by U.S. mail of the time, place and subject matter of the hearing. Where more than ten parcels are to be initially zoned or rezoned, no written notice is required.

(2)

Posted notice of public hearing. Posted notice in bold type shall be posted for at least ten consecutive days prior to a public hearing on signs not less than 11 inches by 17 inches, prepared, furnished and placed by the building official on each block of each street adjoining the area proposed subdivision area, within reason. The applicant shall remove posted notices from the subject area no more than ten days after the public hearing has been held.

(3)

Published notice of public hearing. Notice of the time and place of a public hearing shall be published once a week in three different weeks in the official journal, if designated, or a newspaper of general circulation in the area. The first notice shall be published at least 15 days prior to the hearing.

(c)

Information required in public hearing notice. All notices for public hearing shall contain:

(1)

The date, time and place of the hearing;

(2)

The section of this title under which the subject matter of the hearing will be considered;

(3)

The name of the applicant;

(4)

A brief description of the location of any land proposed for development and the subject matter to be considered at the hearing;

(5)

A statement that the application and supporting materials are available for public inspection and copying at the office of the town building official;

(6)

A brief description of the appeal process, which is available by right after public hearing before the planning commission or any further automatic review by the board of aldermen.

(Code 1978, § 12-7009; Ord. of 10-10-2013, § III(9))

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:

(1)

All applicable statutory provisions.

(2)

All applicable provisions of these regulations and all other applicable laws, ordinances and codes of the town.

(3)

Any rules of the state department of health and hospitals and/or appropriate agencies, with such rules providing minimum standards to be met by all subdivision plats.

(4)

The requirements of the state department of transportation and development when so noted and if the subdivision or any lot contained therein abuts a highway or connecting street.

(5)

All applicable standards and regulations adopted by the town and all boards, commissions, agencies and officials of the town.

(Code 1978, § 12-7010; Ord. of 10-10-2013, § III(10))

(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 ten 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 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 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 lots, or the proposed consolidation involves no more than four 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 administrative subdivisions and/or consolidations involving the same land may be applied for or approved within any five-year period.

(4)

The subdivision is served by existing utilities and/or 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 zoning ordinance, except where to do so would lead to lots that are less nonconforming than prior to the re-subdivision.

(b)

Application and approval procedure for administrative subdivisions.

(1)

Approval of a final plat is required.

(2)

Final plat. At the time of filing a request for administrative subdivision with the building official or his/her duly authorized representative, the petitioner shall submit the following information and documents:

a.

A signed affidavit verifying ownership of all property to be subdivided, filed with the town 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 stating the reason for the request.

d.

A check for the appropriate fee as established in these regulations.

e.

Five copies of a plat containing the following information:

1.

Name of owner of property.

2.

An accurate description of the property.

3.

A vicinity map at one inch equals 500 feet.

4.

North arrow and scale of plat, with a maximum scale of one inch equals 100 feet.

5.

All dimensions, bearings and corner markers.

6.

All property as currently subdivided and how the property is to be subdivided, with square footage and dimensions of all such divisions.

7.

Surveyor's certification, signature and seal.

8.

All existing adjacent streets, alleys, rights-of-way, utility easements and servitudes and their widths. For revoked streets or alleys, the former right-of-way and the date and ordinance number of the revocation must be shown.

9.

Location of all buildings and structures and setback requirements as required by the subdivision regulations and the zoning ordinance, along with the current zoning of the property.

10.

Place for the signature of the chairperson and/or vice-chairperson of the planning commission and town, the date and filing number.

11.

Identifying numbers for all property as currently divided and as to be subdivided. No new division of the property may be left unnumbered.

(c)

Building official action on administrative subdivisions.

(1)

Following submission, the building official shall review the application according to the following criteria:

a.

Compliance with the conditions contained in this title.

b.

Potential adverse environmental impacts or effects on neighboring properties.

(2)

The building official may attach conditions required to make the subdivision comply with this title and other town ordinances, or as necessary to protect the health, safety and welfare of the town and to minimize adverse impacts to adjacent properties.

(3)

Following such review, the building official shall take action within 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 applicant that it will be necessary to file for a major or minor subdivision.

c.

Grant the subdivision, forwarding it to the mayor for execution.

(4)

Following approval of an administrative subdivision, the town shall file the plat with the parish clerk of court.

(d)

Appeal of planning department action on administrative subdivisions. A final decision by the building official on an administrative subdivision may be appealed to the planning commission. The planning commission shall review the subdivision as a minor subdivision.

(Code 1978, § 12-7011; Ord. of 10-10-2013, § III(11))

(a)

Scope. Minor subdivisions, as defined in section 120.05.070, 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 eight 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 zoning ordinance, except where to do so would lead to lots that are less nonconforming than prior to the re-subdivision.

(b)

Application and approval procedures for minor subdivisions.

(1)

Requires preliminary approval of preliminary plat and final approval of final plat.

(2)

Preliminary plat. At least 31 calendar days prior to the meeting at which to be considered, the applicant shall submit the following information and documents for minor subdivision consideration:

a.

A signed affidavit verifying ownership of all property to be subdivided, filed with the town.

b.

A copy of any covenants or restrictions that affect the property.

c.

A letter of request to subdivide, signed by the owner stating the reason for the request.

d.

A check for the appropriate fee as established in these regulations.

e.

12 copies of a preliminary plat containing the following information:

1.

Name of owner of property;

2.

An accurate description of the property;

3.

A vicinity map at one inch equals 500 feet;

4.

North arrow and scale of subdivision plat, with a maximum scale of one inch equals 500 feet;

5.

All dimensions, bearings and corner markers;

6.

All property as currently subdivided and how the property is to be subdivided, with square footage and dimensions of all such divisions;

7.

Surveyor's certification, signature and seal;

8.

All existing adjacent streets, alleys, rights-of-way, utility easements and servitudes and their widths. For revoked streets or alleys, the former right-of-way and the date and ordinance number of the revocation must be shown;

9.

Location of all buildings and structures and setback requirements as required by the subdivision regulations and the zoning ordinance, along with the current zoning of the property;

10.

Place for the signature of the chairperson and/or vice-chairperson of the planning commission, the town engineer and the town clerk, as well as the date and filing number;

11.

Identifying numbers for all property as currently divided and as to be subdivided. No new division of the property may be left unnumbered.

(3)

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 building official or his/her duly authorized representative has the authority to notify the applicant of rejection of the application. In such cases, the building official or his/her duly authorized representative shall send written notice to the applicant stating the reasons for the rejection of the application.

(c)

Planning commission 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 applicant to the satisfaction of the building official, town engineer, and applicable town 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 town.

(3)

Preliminary plat decision.

a.

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 applicant as to approval, conditional approval, or disapproval of the application and the reasons therefor.

b.

Planning commission approval or conditional approval of the preliminary plat shall constitute authorization to the applicant to prepare and submit a final plat to the planning commission for approval.

c.

In the case of a conditional approval requiring amendment of the preliminary plat, the applicant 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.

d.

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 to be disapproved.

(4)

Final plat decision.

a.

After approval of the preliminary plat, the applicant shall prepare a final plat, together with required certificates to be recorded in the parish clerk of court. The final plat becomes the instrument to be recorded with the town when duly signed by the chairman of the planning commission or his/her duly authorized representative and the town engineer.

b.

With a minor subdivision, the planning commission may delegate final plat review and approval to the building official or town engineer. The town official shall report its 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 their purview and jurisdiction prevails; however, any person claiming to be aggrieved by the decision of the commission may appeal such decisions to the board of parish civil district court.

(Code 1978, § 12-7012; Ord. of 10-10-2013, § III(12))

Major subdivisions, as defined in section 120.05.070, 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.

(1)

Guidelines for major subdivision.

a.

Any subdivision and the lots resulting therefrom must meet the requirements of the zoning district in which they are located.

b.

All subdivided parcels or lots shall have access supplied by a public street and an easement supplied in perpetuity by instrument filed with the town clerk.

c.

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.

(2)

Application and preliminary approval procedures for major subdivisions. 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 as a prerequisite for approval:

a.

A signed affidavit verifying ownership of all property to be subdivided, filed with the town clerk.

b.

A copy of any covenants or restrictions that affect the property.

c.

A letter of request to subdivide signed by the owners stating the reason for the request.

d.

A copy of the dedication of any easements, servitudes or rights-of-way made by the owner to satisfy any of the above guidelines or other requirements as set forth by the planning commission or its representative.

e.

A check for the appropriate fee as established in these regulations.

f.

12 copies of a preliminary plat and site plan containing the following information:

1.

Subdivision name, the names and addresses of owners of property.

2.

A subdivision boundary and accurate legal description of the property.

3.

North arrow and graphic scale of plat, with a maximum scale of one inch equals 100.

4.

All dimensions, bearings and permanent markers by surveyor or engineer.

5.

All property as currently subdivided and how the property is to be subdivided, with square footage and dimensions of all such divisions.

6.

Surveyor's and/or engineer's certification, signature and seal.

7.

Parish board of health approval signature (if necessary).

8.

Plans and cross sections of the existing and proposed roadways, including base material.

9.

All existing adjacent streets, alleys, rights-of-way, utility easements and servitudes and their widths. For revoked streets or alleys, the former right-of-way and the date and ordinance number of the revocation must be shown.

10.

Street names and identifying numbers for all property as currently divided and as to be subdivided. No new division of the property may be left unnumbered.

11.

Existing and proposed easements and/or servitudes including total acres in easements to be dedicated.

12.

Location of all buildings and structures and setback requirements as required by the subdivision regulations and the zoning ordinance, along with the current zoning of the property.

13.

Location of all structures designated model homes.

14.

Any zoning action taken, including any variances required to make the subdivision conform to the requirements of the comprehensive zoning ordinance, if applicable.

15.

Existing and proposed topography of the area to be developed with the contour lines at one-foot vertical intervals.

16.

Detailed utility plans and specifications for central sewerage and/or water systems (including a total number of linear feet of sewer and water piping and other apparatus), natural gas, cable/telecommunications, electricity and any other utility plans as determined by the town engineer. Plan should include feasible connections, where possible, to existing and proposed utility systems.

17.

Street lighting plan.

18.

Wetland demarcation lines (as determined by the U.S. Army Corps of Engineers) and flood zone demarcation lines (indicate FIRM map and panel number).

19.

Place for the signature of the chairperson and/or vice chairperson of the planning commission, the town engineer and town clerk; as well as the date and filing number.

20.

Separate sheets for paving and drainage plans providing all relevant information.

g.

Specifications and/or drawing notes detailing proposed construction materials and methods.

h.

A stormwater drainage study in accordance with this title.

i.

After plans have been reviewed by the town engineer, the developer will be notified if there are any corrections needed on the plans or specifications prior to the preliminary subdivision hearing before the planning commission. If corrections are required, the developer shall submit 15 revised complete plans and a cover letter outlining changes from original plans prior to said hearing. Upon preliminary approval, a work order shall be issued by the town engineer to authorize the developer to begin construction. No work toward the construction of the street, drainage and lot infrastructure can begin until said work order/permit has been issued.

(3)

Action on preliminary subdivision approval for major subdivisions.

a.

After reviewing and discussing the preliminary plat, site plan, other submitted materials and all other reports submitted by other agencies and/or officials, the planning commission will advise the applicant as to approval, conditional approval, or disapproval of the application and the reasons therefor. Planning commission approval or conditional approval of the preliminary plat shall constitute authorization to the applicant 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 applicant 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 to be disapproved.

d.

The planning commission must approve the preliminary subdivision plat before the developer can submit plats for final review.

e.

Approval of the preliminary plat shall lapse, unless a final plat of at least the first phase of the development based thereon is submitted within 24 months from the date of such approval, unless an extension of time is applied for and granted by the planning commission. Future phases of development that extend beyond the 24-month limit shall be subject to review by the town engineer to determine if specifications and design standards meet current regulations.

(4)

Appeal of planning commission decision on preliminary subdivision approval for major subdivisions. The planning commission shall have the authority to grant or deny preliminary subdivision and any other matters brought before it where their purview and jurisdiction prevails; however, any person claiming to be aggrieved by the decision of the commission may appeal such decisions to the board of aldermen.

(5)

Construction of project.

a.

All materials for construction of project shall be submitted to the town engineer for approval.

b.

Developer shall submit in writing bi-monthly progress reports to planning commission regarding the construction of improvements.

c.

All required tests shall be made in the presence of the town engineer or his duly authorized representative at the expense of the developer.

d.

Six sets of as-built drawings and one electronic CAD file of as-built drawings for all utilities and showing exact location of mains, services, etc. shall be furnished to and approved by the town engineer before final acceptance of the subdivision.

(6)

Dedications and improvements.

a.

For development of property requiring subdivision approval under this title, the applicant must dedicate any additional right-of-way necessary to the width required by the town for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards of this title.

b.

The applicant shall bear the costs of installation of any on-site or off-site improvements required by this title, including provisions for stormwater management, paving and utilities.

c.

The town is not required to accept any dedication or improvements that do not meet local standards.

(7)

Improvement guarantee.

a.

Prior to the approval of any site plan, the applicant shall submit a cost estimate and time schedule for installation of each phase of subdivision improvements.

b.

A bond shall be required guaranteeing all on-site and off-site improvements. The bond shall be in an amount equal to 115 percent of the improvement cost estimate, and in a form approved by the town attorney.

c.

As each phase of improvements is installed and inspected by the building official, the bond may be reduced by the cost of the installed improvements.

(8)

Final subdivision review for major subdivisions. The final plat shall conform substantially to the preliminary plat as approved; and, if desired by the applicant, it may constitute only that portion of the approved preliminary plat which was proposed to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. The final plat shall show:

a.

Primary control points, or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

b.

Tract boundary lines, right-of-way lines of streets, easements and other right-of-way and property lines of residential lots, sites for public use or open space, and other sites with accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves.

c.

Name and right-of-way width of each street or other right-of-way.

d.

Location, dimensions and purpose of any easement.

e.

Number to identify each lot or site.

f.

Minimum building setback line on all lots and other sites.

g.

Wetland demarcation lines (as determined by the U.S. Army Corps of Engineers) and flood zone demarcation lines (indicate FIRM map and panel number).

h.

Location and description of monuments. Permanent reference monuments shall be shown thus: All corner lot markers shall be permanently located and show thus: "O" and located in the ground to existing grade.

i.

Names of record owners of adjoining un-platted lands.

j.

Names and addresses of persons to whom notice of public hearings shall be sent.

k.

Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

l.

Title, scale, north arrow and date.

m.

Any zoning districts shown on any official map of the town.

n.

Mailing address on each lot.

o.

A site plan showing the location and dimensions of all installed utilities and appurtenances.

p.

The following certificates shall be recorded on the final plat:

1.

Certificate showing the applicant is the landowner and dedication of streets, rights-of-way, open spaces and/or recreational parks, and any sites for public use.

2.

Certificate by surveyor and/or engineer certifying to accuracy of survey and plat.

3.

Certification by the parish board of health.

4.

Certification by the town engineer and the town clerk prior to the approval of the plat that the developer has complied with one of the following alternatives:

(i)

Installation of all improvements in accordance with the requirements of these regulations; or

(ii)

Upon substantial completion of the improvements as certified by the town engineer (i.e., the improvements can be used for the purposes intended), the developer shall post a performance bond, letter of credit, or other surety as determined by the planning commission, in sufficient amount as certified by the town engineer, for completion of all required improvements. For any bond, letter of credit or other surety, there shall be submitted with the plat a determination by the town attorney as to the sufficiency of the bond offered.

(iii)

Certificate by town engineer and town clerk prior to approval of the plat that a maintenance bond in an amount sufficient to cover any costs which might be incurred by the town for the maintenance and/or repair to the required improvements for a period of two years after completion has been furnished by the developers and accepted by the planning commission.

(9)

Planning commission action on final subdivision review for major subdivisions.

a.

After reviewing and discussing the final plat, other submitted materials and all other reports submitted by other agencies and/or officials, the planning commission will advise the applicant as to approval, conditional approval, or disapproval of the application and the reasons therefor. planning commission approval or conditional approval of the final plat shall constitute authorization to the applicant 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 final plat, the applicant shall resubmit the required number of copies of the application documents with the amendments required for approval by the planning commission.

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 to be automatically denied.

d.

Unless the applicant requests an extension of the time period for review of the plat, failure by the planning commission to act on this final plat within 60 days of submission of the plat shall be deemed approval of it.

e.

The planning commission must approve the final subdivision plat before the applicant can file the plat with the town clerk.

(10)

Appeal of planning commission decision on final subdivision approval for major subdivisions. The planning commission shall have the authority to grant or deny final subdivision and any other matters brought before it where their purview and jurisdiction prevails; however, any person claiming to be aggrieved by the decision of the commission may appeal such decisions to the board of aldermen.

(11)

Building permit. No building permit shall be issued for development requiring subdivision approval until the final plat has been approved.

(12)

Final plat distribution. When the final plat and site plan have been approved by the planning commission, 12 copies shall be submitted to the building official for distribution as follows:

a.

One approved copy to the applicant for his records.

b.

One copy retained by the town planning commission.

c.

One copy to the parish tax assessor's office.

d.

One copy to the parish communications district (911) office.

e.

One copy with the certification thereon for filing with the parish clerk of court's office as the official plat that must be filed within 45 calendar days; otherwise, such approval shall be voided.

f.

One copy with the town clerk of court.

g.

One copy to town engineer.

h.

Five copies to other pertinent governmental agencies (as necessary).

(Code 1978, § 12-7013; Ord. of 10-10-2013, § III(13))

(a)

Application and approval procedures for manufactured home parks. The submittal of a proposed site plan for a manufactured home park in the town should include the following:

(1)

Compliance with any prior approvals.

(2)

Compliance with the manufactured home park performance standards in section 120.05.250.

(3)

Site design and development intensity appropriate for and tailored to the unique natural characteristics of the site.

(4)

Adequate, safe, and convenient arrangement of access, pedestrian circulation, roadways, driveways and off-street parking, and stacking and loading spaces.

(5)

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwater runoff.

(6)

Any adverse impacts on adjacent properties have been minimized or mitigated.

(b)

Public hearing and decision by planning commission.

(1)

The planning commission shall make a recommendation to the board of aldermen of approval, approval with conditions, or denial of the site plan for within 60 days of filing of a complete application, except where such time period is requested to be extended by the applicant.

(2)

In deciding to approve, approve with conditions, or deny the proposed site plan, the planning commission shall consider the recommendation of the building official, relevant comments of all interested parties, and the review criteria outlined in this section as well as section 120.05.250.

(3)

The planning commission may attach conditions required to the site plan to comply with this title and/or other town ordinances, or as necessary to protect the health, safety and welfare of the town and to minimize adverse impacts to adjacent properties.

(c)

Public hearing and decision by board of aldermen.

(1)

The board of aldermen shall accept, accept with conditions, or deny the planning commission's recommendation on the site plan within 30 days of the planning commission's final action.

(2)

In making this recommendation, the board of aldermen shall consider the recommendations of the building official and the planning commission, relevant comments of all interested parties, and the review criteria in section 120.05.250.

(3)

The board of aldermen may attach any condition to the permit necessary to protect the health, safety and welfare of the community and minimize adverse impacts on adjacent properties. Such conditions may include, but are not limited to, additional screening or buffering, etc.

(4)

If the board of aldermen fails to act on the planning commission's recommendation, the commission's recommendation shall stand as the final decision on the matter.

(d)

Building permit. No building permit shall be issued for a manufactured home park until the site plan has been approved by the board of aldermen.

(e)

Dedication and improvements.

(1)

The applicant must dedicate any additional right-of-way necessary to the width required by the town for streets adjoining the property, install curbs and gutters and pave all streets adjoining the property, and install sidewalks and street trees based on the standards of this title.

(2)

The applicant shall bear the costs of installation of any on-site or off-site improvements required by this title, including provisions for stormwater management, paving, and utilities.

(f)

Expiration. A permit for a manufactured home park will expire after one year where a building permit has not been filed.

(Code 1978, § 12-7014; Ord. of 10-10-2013, § III(14))

(a)

The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing streets; to topographical conditions; to public convenience and safety; and in their appropriate relation to the proposed uses of land to be served by such streets. Prior to acceptance by the board of aldermen of any streets in a subdivision, the petitioner shall furnish proof and certification that the streets join an existing publicly maintained street. The petitioner shall furnish proof and certification that the owner of the private road or street has executed and recorded a written instrument allowing use by the public of such private road or street. If the streets in the proposed subdivision do not join a publicly maintained road or street, the recorded subdivision plat shall contain the following statement:

"Streets, servitudes and rights-of-way in the subdivision which do not join or connect with publicly maintained streets, roads, servitudes or rights-of-way shall "NOT" be maintained by the town or any other public body."

(b)

No street name or subdivision name shall be used which will duplicate or be confused with the names of existing streets or subdivisions. All street names and subdivision names must be approved by the building official. Streets that are obviously in alignment with other already existing streets shall bear the names of the existing streets.

(c)

Street jogs with centerline offsets of less than 125 feet shall be prohibited.

(d)

Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 75 degrees.

(e)

All dead-end streets, roads, etc., must have a cul-de-sac or a T-turnaround.

(f)

No petitioner shall use an existing dead-end street, cul-de-sac or T-turnaround as access to a new development if the existing road was not specifically designated as future access to any development, unless approved by the board of aldermen.

(g)

All new streets (private or public) shall be paved and constructed in accordance with these regulations. The petitioner that constructs a private road shall be required to obtain a signed affidavit from all buyers located on the private road acknowledging it is a private road and not maintained by the town. A copy of the signed affidavit must be submitted to the town. A large note shall be placed on the final plat stating the following: BUYER BEWARE—THE STREETS, ROADS, SERVITUDES AND RIGHTS OF WAY IN THIS SUBDIVISION WILL NOT BE MAINTAINED BY THE TOWN OF LIVINGSTON OR ANY OTHER PUBLIC BODY."

(h)

A variance for private, all-purpose servitudes may be obtained when a subdivision of four lots or less (minor subdivision) is created as a subdivision that may be legally re-subdivided. A minimum 30-foot, all-purpose private servitude is required. This type of minor subdivision must be approved by the board of aldermen and cannot undergo future re-subdividing.

(i)

Design and construction criteria.

(1)

The riding surface of all public streets/roads where open ditches are used for drainage shall be a minimum of 20 feet wide.

a.

With three-inch hot asphaltic concrete wearing surface (1.5 inch and 1.5 inch layers) on ten-inch soil cement base at least 21 feet wide; or

b.

With three-inch hot asphaltic concrete wearing surface (1.5-inch and 1.5-inch layers) on compacted eight-inch crushed limestone base at least 21 feet wide; or

c.

With six inches of 4,000 psi concrete on eight-inch compacted base; or

d.

Same standards as subsection (i)(1)c of this section, but with five inches of 4,000 psi concrete base and 1½ inches of hot asphaltic concrete wearing surface.

e.

Crown of roadbed shall be a minimum of 30 feet wide.

f.

Road shoulders shall be a minimum of five feet wide and be fertilized and seeded to prevent erosion of shoulders and to prevent depositing of soil in road ditches.

g.

Roadside ditches shall be constructed with a roadside slope of three to one and a back slope of three to one.

(2)

The area between the backside of the road ditch and the road right-of-way shall be graded to drain, fertilized and seeded as soon as possible to prevent erosion.

(3)

All streets with curb, gutter and/or enclosed drainage systems shall be at least 27 feet wide from back of curb or 20 feet with subsurface drainage and no curbs.

a.

With three-inch hot asphaltic concrete wearing surface (1.5 inch and 1.5 inch layers) on ten-inch soil cement base;

b.

With three-inch hot asphaltic concrete wearing surface (1.5 inch and 1.5 inch layers) on compacted eight-inch crushed limestone base;

c.

With six inches of 4,000 psi concrete on eight-inch compacted base; or

d.

With five inches of 4,000 psi concrete and 1½ inches of hot asphaltic concrete wearing surface on eight-inch compacted base.

(4)

The area between the backside of the curb and the road right-of-way shall be graded to drain, fertilized and seeded as soon as possible to prevent erosion.

(5)

Based upon the soil classification and strength test results, the licensed engineer shall design the typical street sections. If the licensed engineer recommends a soil-cement treated base or sub-base, or a lime modified base or sub-base, the minimum amount of lime and/or cement required shall also be shown on the typical sections. The amount of lime and/or cement shall be indicated in pounds per square yards for the base or sub-base thickness specified. For lime treated bases or sub-bases the type of lime shall also be specified (hydrated or quicklime).

(6)

All costs for the sampling and all required laboratory tests shall be borne by the petitioner.

(7)

Where boulevards are constructed, this is, two lanes of traffic separated by a neutral ground, the paving on each lane shall be not less than 20 feet in width with a center neutral ground of not less than 15 feet in width.

(8)

Cul-de-sacs (turnarounds) at the end of dead-end streets shall have a minimum outside turning radius of 55 feet, with a minimum inside turning radius of 35 feet. Petitioner shall provide street right-of-way sufficient to accommodate the cul-de-sac described herein. Pavement width in the turnarounds shall have a minimum width of 20 feet. The center of the cul-de-sac shall be graded in order to provide positive drainage. Once graded, this area is to be immediately fertilized and seeded to stabilize the soil and prevent erosion. Permanent T-turnarounds may be used for streets no greater than 500 feet in length. The T-turnaround shall have a minimum paved width of 20 feet and a minimum paved length of 80 feet. Sufficient right-of-way shall be dedicated to accommodate necessary drainage.

(9)

Profiles of all streets and ditches shall be submitted with the construction plans. Minimum gutter slope shall be 0.40 percent. Where open ditches are used for drainage, a drainage map showing size and grade of all pipe to be used under driveways and inverts of all ditches at property corners also shall be furnished.

(10)

All streets shall have a minimum of the following signs: street name, speed limit 25 mph, stop, and dead-end (if applicable).

(11)

When sidewalks are constructed in an approved subdivision, such sidewalks shall be at least four inches thick and four feet wide. All sidewalks shall be located in a five-foot servitude on each lot abutting all road/street rights-of-way.

(12)

A minimum of the following independent testing laboratory reports: within five days of the test results, a copy of said results is to be submitted directly to the following: building official and town engineer.

a.

Soil test to determine percent of lime required in road base.

b.

Soil test to determine percent of cement required for soil cement base.

c.

Tested limestone base material.

d.

Asphaltic concrete batch mixture and certify thickness.

e.

Inspection of soil-cement installation.

f.

Ample number of field density tests to confirm limestone or soil cement base is properly compacted.

g.

Inspection of hot asphaltic concrete wearing surface or concrete roadway during installation.

h.

Test sub-base and base prior to concrete street being poured.

i.

Pull and test standard concrete cylinders for concrete strength (4,000 psi or as required by town engineer).

j.

Certify concrete street depth, thickness measurement required every 100 feet.

k.

Certify that construction and expansion joints on concrete streets are adequate.

l.

Any and all road failures shall be repaired and proof rolled afterwards with 12-yard dump truck fully loaded. All work to be performed in presence of testing lab employee and lab to certify repairs to the board of aldermen.

m.

Reports to provide, at a minimum, the following:

1.

Full name of subdivision.

2.

Name and address of petitioner.

3.

Location of subdivision (section, township and range, parish or state road).

(13)

Minimum longitudinal slope for street design shall be 0.40 percent.

(14)

Minimum of 50-foot length vertical curve shall be required for all longitudinal slope breaks of 1.00 percent or greater.

(15)

Temporary T-turnarounds as approved by the town engineer and mayor shall be 20 feet by 80 feet and constructed of aggregate or crushed limestone six inches thick.

(16)

Streets with sub-surface drainage and curb shall have maximum of eight feet of lane flooding on ten-year storm.

(Code 1978, § 12-7015; Ord. of 10-10-2013, § IV(15))

(a)

In all new subdivisions, streets that are dedicated to public use shall be classified.

(1)

The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day.

(2)

The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive.

(3)

Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.

(b)

The classification of streets shall be as follows:

(1)

Minor. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day.

(2)

Local. A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten, but no more than 25, dwelling units and is expected to or does handle between 75 and 200 trips per day.

(3)

Cul-de-sac. A street that terminates in a vehicular turnaround.

(4)

Sub-collector. A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least 26 but no more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day.

(5)

Collector. A street whose principal function is to carry traffic between minor, local, and sub-collector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used or is used to carry more than 800 trips per day.

(6)

Arterial. A major street in the town's street system that serves as an avenue for the circulation of traffic into, out, or around the town and carries high volumes of traffic.

(7)

Marginal access street. A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.

(c)

Access to public streets in general.

(1)

Every lot shall have either direct or indirect access to a public street. A lot has direct access to a public street if a sufficient portion of a boundary of the lot abuts the public street right-of-way so that an access way meeting the criteria set forth in this title can be established. A lot has indirect access if it connects to a public street by means of one or more private roads that are of sufficient size to meet the criteria set forth in this section.

(2)

The access provided must be adequate to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.

(d)

Access to arterial streets. Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access may be provided from the lots within this subdivision onto this street.

(e)

Coordination with surrounding streets.

(1)

The street system of a subdivision shall be coordinated with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereafter, "surrounding streets") as provided in this section.

(2)

Collector streets shall intersect with surrounding collector streets or arterial streets at safe and convenient locations.

(3)

Sub-collector, local and minor residential streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through-traffic.

(4)

Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles, Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 1,000 feet may be created unless no other practicable alternative is available.

(f)

Street rights-of-way.

(1)

Street rights-of-way are designed and developed to serve several functions:

a.

To carry motor vehicle traffic, and in some cases, allow on-street parking;

b.

To provide a safe and convenient passageway for pedestrian traffic; and

c.

To serve as an important link in the town's drainage system.

In order to fulfill these objectives, all public streets shall be constructed to meet the standards set forth in Table 1.

(2)

Widths and grades shall conform to the following minimum requirements outlined in Table 1: Minimum grades shown apply to curb and gutter sections only additional right-of-way, if necessary, to meet the minimum street width requirements set forth herein. Such dedication shall be in accordance with the following:

Table 1. Street and Rights-of-Way and Grade Requirements

(3)

At least the minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street.

(4)

When the subdivision is located on only one side of an existing street, one-half of the required width, measured from the centerline of the right-of-way, shall be dedicated. However, the owner or owners of such property shall not be forced to dedicate from their land more than one-half of the required rights-of-way width.

(g)

Sidewalks.

(1)

The sidewalks required by this section shall be at least four feet in width and constructed according to the specifications set forth by the town except that the building official may permit the installation of walkways constructed with other suitable materials when it concludes that:

a.

Such walkways would serve the residents of the development as adequately as concrete sidewalks; and

b.

Such walkways would be more environmentally desirable or more in keeping with the overall design of the development.

(2)

Whenever the building official finds that a means of pedestrian access is necessary from the subdivision to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the streets, the petitioner may be required to reserve an unobstructed easement of at least ten feet in width to provide such access.

(3)

The establishment of sidewalks along streets shall be determined on a case-by-case basis by an evaluation of relevant criteria, such as, but not limited to, the nature of the area, location of existing sidewalks, need to serve the general public, and proximity of community facilities such as schools, recreation areas, parks and daycare facilities. As a part of review and evaluation by the mayor, a recommendation shall be forwarded board of aldermen concerning the provision of sidewalks on either/or both sides of any proposed streets. The board of aldermen shall make the final determination of requirement.

(h)

Street names.

(1)

Duplication. The name of a new street shall not duplicate existing or platted street names in the town, or approximate such names in spelling or pronunciation, or by the use of alternate suffixes such as lane, way, drive, court, avenue, or street.

(2)

Continuation of streets. New street names shall bear the same name of any continuation of, or when in alignment with, an existing or platted street.

(3)

Approval of street names. All street names shall be approved by the town, town branch of the United States Postal Service, and any other duly authorized agencies, before approval of the final plat. Street names are accepted by ordinance through the board of aldermen.

(i)

Alleys. Alleys shall be permitted as a secondary auto access only. Lots must still front on a local or collector street. In residential, commercial and industrial areas, adequate alleys shall be provided where needed. Alleys shall not serve as part of the required off-street parking, loading and/or unloading space required.

(j)

Private streets and reserve strips. New private streets, alleys and sidewalks shall be constructed according to the specifications outlined in this section.

(Code 1978, § 12-7016; Ord. of 10-10-2013, § IV(16))

(a)

The petitioner shall retain and pay for the services of an independent testing laboratory acceptable to the board of aldermen and such testing lab will provide a minimum of the following services along with certified testing and inspection reports to the board of aldermen and town engineer:

(1)

If the town engineer or testing lab deems it necessary, test the soil to determine the percent of lime.

(2)

If the town engineer or testing lab deems it necessary, test the soil to determine the percent of cement.

(3)

Verify asphaltic concrete batch mixture for wearing course per DOTD specifications.

(4)

Inspect soil-cement installation for soil-cement base roads.

(5)

Provide ample field density tests to determine that limestone base is compacted.

(6)

Inspect installation of hot asphaltic concrete wearing surface of concrete roadway.

(b)

Petitioner shall be required to install bituminous coated or reinforced concrete (Class III) culverts in all cross drains under streets and roads.

(Code 1978, § 12-7017; Ord. of 10-10-2013, § IV(17))

The petitioner must maintain all streets and improvements for a period of 18 months from acceptance for maintenance period. Before the end of the 18-month period, a final inspection must be made by the town, the town engineer who recommend to the board of aldermen whether or not to accept the streets and improvements into the town maintenance system.

(Code 1978, § 12-7018; Ord. of 10-10-2013, § IV(18))

(a)

The town may require the dedication of additional right-of-way when the existing major or secondary street has a width less than the minimum established herein.

(b)

Where a subdivision or development is traversed by a water course, drainage way, channel, or stream, there shall be provided a stormwater servitude or drainage right-of-way conforming substantially to the lines of such water course, plus be adequate in size for future drainage purposes.

(c)

The minimum servitude width shall be 15 feet.

(d)

The minimum street/road right-of-way width acceptable shall be as follows: fifty-foot right-of-way for curb and gutter streets/roads and/or enclosed drainage systems and 60-foot right-of-way for open ditch streets/roads. Private streets shall have sufficient right-of-way or servitude to accommodate the necessary drainage facilities and utilities.

(e)

No petitioner shall alienate the oil, gas and mineral rights to that land lying beneath the street and road rights-of-way, publicly maintained, with the intention of depriving the town of the ownership of the oil, gas or minerals beneath such road or street. In the event any petitioner should do so, the town is not obligated to accept such road or street for inclusion in the town road system for future maintenance or upkeep.

(f)

The full width and length of all rights-of-way and servitudes are to be completely cleared and grubbed of all trees, brush, debris, etc.

(Code 1978, § 12-7019; Ord. of 10-10-2013, § IV(19))

(a)

Generally. The arrangement of blocks shall be such as to provide for convenient access, circulation, control and safety of street traffic. Blocks intended for commercial and industrial purposes shall be designated specifically for such uses with space set aside for off-street parking and loading and/or unloading facilities. Parking requirements shall conform to the town comprehensive zoning ordinances.

(b)

Length. Blocks should not exceed 1,000 feet or be less than 300 feet in length.

(c)

Width. The width of blocks should ordinarily be sufficient to allow for two tiers of lots with easements as required, except for double frontage lots as permitted in these regulations and those lots which abut natural buffer zones such as streams, canals or golf courses.

(d)

Blocks for commercial or industrial development. Blocks designed for commercial and industrial uses shall be of a length and width determined suitable for the proposed use and to accommodate anticipated development. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such uses with space set aside for buffer, off-street parking and loading and unloading facilities as required by these regulations. Specific design standards and construction standards shall be in accordance with the recommendation of the town engineer and/or building official and the standards of this article.

(Code 1978, § 12-7020; Ord. of 10-10-2013, § IV(20))

The building lines shall be appropriate for the location of the zoning district in which the subdivision is being proposed.

(Code 1978, § 12-7021; Ord. of 10-10-2013, § IV(21))

Petitioner must furnish benchmarks in all subdivisions, with improvements, filed with the planning commission, at locations established by petitioner engineer and approved by the town engineer. Benchmarks are to be identified as to location and elevation and shall be noted on the construction plans and final plat.

(Code 1978, § 12-7022; Ord. of 10-10-2013, § IV(22))

(a)

No manufactured home shall be moved into a manufactured home park until all construction and related road, drainage, sewer, and utility work is complete, and the final site plan is approved by the planning commission and board of aldermen.

(b)

Each manufactured home park shall be constructed in accordance with the following minimum standards:

(1)

Individual manufactured home or trailer sites may be leased or rented, but not subdivided or sold.

(2)

A minimum of two acres is required for each manufactured home park, with a minimum frontage of 200 feet, located on a publicly maintained street or road.

(3)

Maximum density would be ten manufactured home sites per acre.

(4)

Minimum improvement requirements for private drives within the manufactured home park shall be 30 feet roadway with a 1.5-inch base as specified by the board of aldermen and a 24-foot wide, 1½-inch thick hot asphaltic concrete surface.

(5)

Where only one drive is to be provided, each manufactured home park shall include an adequate circular turnaround at the rear of the property with a minimum inside pavement radius of 35 feet for garbage trucks and other vehicles.

(6)

Minimum lot size would be 35-foot front by 100-foot depth.

(7)

Each trailer or manufactured home shall be set on concrete footings of a minimum of four inches thick and have a four-inch thick, 18-foot by 24-foot concrete parking pad, to be measured from the back of the curb or edge of surface at the front of the site.

(8)

If garbage hoppers are to be provided, then a minimum of two shall be provided for each 20 manufactured home sites.

(9)

Each manufactured home site shall be provided with a sanitary sewer connection and each manufactured home site shall be provided with a collection and treatment system and public water supply in compliance with the standards of the town.

(10)

A six-foot high 100 percent sight-obscuring fence shall be constructed along all side and rear property lines of the manufactured home park.

(11)

Side and rear yards. Any manufactured home park developed under these standards shall provide a 25-foot side and rear yard buffer.

(12)

Street lights shall be provided along the private drives within the manufactured home park.

(13)

FEMA elevation requirements for a trailer or manufactured home on each rental site shall be of permanent material and attached to service pole or concrete monument.

(Code 1978, § 12-7023; Ord. of 10-10-2013, § IV(23))

A preliminary plat shall not be considered for preliminary approval until the petitioner has submitted to the planning commission a stormwater drainage impact study by a professional engineer registered in the state, as to the ability of existing watercourse channels, storm sewers, culverts and other improvements pertaining to drainage or flood control within the subdivision, to handle the additional runoff which would be generated by the development of the land within the subdivision. Additional information shall be submitted to adequately indicate that provisions have been made for disposal of surface water without any damage to the developed or undeveloped land downstream, below or adjacent to the proposed subdivision.

(1)

General requirements.

a.

Subdivisions shall be designed for either open ditches or enclosed conduit systems. Installation of subsurface drainage is prohibited in any subdivision designed for open ditches without approval of the building official and the mayor.

b.

In the design of the drainage system for the proposed subdivision, right-of-way provisions shall be made to adequately take care of adjacent watershed areas. All drainage rights-of-way and structures shall be sufficient for the drainage of the adjacent watershed after complete development of the total watershed area.

1.

Accommodation of upstream drainage areas. No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development.

2.

Effect on downstream drainage areas. No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes or velocities as to cause substantial damage to such lower adjacent properties.

(i)

Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the planning commission may withhold approval of the subdivision until provision has been made for the retention of stormwater and resolution of such potential conditions in a manner satisfactory to the planning commission.

(ii)

No subdivision shall be approved unless adequate drainage will be provided to a drainage watercourse or facility adequate to receive the proposed drainage without adverse impact on downstream development.

c.

Whenever any stream or improved surface drainage course is located in an area that is being subdivided, the petitioner shall dedicate an adequate right-of-way along each side of the stream sufficient for maintenance thereof.

d.

Floodplain areas. The planning commission may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area or necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision or development of any portion of property that lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except as otherwise expressly permitted by the planning commission and concurred in by appropriate state and federal agencies.

e.

Development of areas of extremely poor drainage will be discouraged.

f.

The stormwater or floodwater drainage system shall be separate and independent of any sanitary sewer system and shall be located within the street right-of-way except where it is located in servitudes to facilitate outfall needs or for subdivision interconnections.

g.

The natural drainage within the subdivision shall be followed insofar as economically feasible. Streets and lots shall be arranged so as to keep artificially relocated drainage canals to a minimum.

h.

The petitioner shall not deepen, widen, fill, reroute or change the location of any existing ditch, stream, drain or drainage canal without first obtaining written permission from the town engineer, the building official and all other applicable state and federal agencies.

1.

Plans for such filling, deepening, widening, rerouting, or changing the location of any existing ditch, stream, drain, or drainage canal shall comply with all design requirements and improvement standards of these regulations, as well as all applicable state and federal agency requirements.

2.

All such work shall be constructed under the review and subject to the approval of the town engineer, the building official and all other applicable state and federal agencies. Adequate servitudes of rights-of-way must be dedicated for the construction and maintenance of any drainage ways that may be relocated. No structures shall be erected or placed upon the drainage easements.

i.

Street drainage systems. All roadways shall be provided with an adequate storm drainage system. No stormwater shall be permitted to run into the sanitary sewer system within the proposed subdivision.

j.

Exempt activities. The following activities are exempt from all stormwater management requirements:

1.

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;

2.

Any temporary activity that lasts less than two weeks and returns the site to the pre activity conditions;

3.

Expansion in gross floor area or impervious area of less than ten percent or 2,000 square feet, whichever is less; and

4.

Lands used for agricultural purposes.

(2)

Stormwater drainage impact study. In all areas to be developed, the petitioner's engineer shall prepare and submit a stormwater drainage study of the area prior to approval of construction plans.

a.

Exceptions. The following activities may be exempted from the requirement of preparing a stormwater drainage impact study:

1.

Development in which the area of impervious surface does not exceed 20 percent of the development area at the point of discharge from the site. The total impervious area shall include all buildings, driveways, sidewalks, streets, parking lots, lakes, ponds, etc. All undeveloped open space, common area, etc., must be clearly identified.

2.

Additions or modifications to existing developments which result in no more than a ten percent increase in existing impervious area and which have existing public storm drainage facilities designed to accommodate runoff from the existing site.

3.

The proposed development results in no more than a ten percent increase in the ten-year pre-development peak discharge at the point of discharge from the development site.

4.

The site is located within existing developed areas, which are served by a network of public storm drainage facilities, which were designed to accommodate runoff from the development site.

b.

Site location and description. The drainage impact study shall comply with the following minimum requirements:

1.

Location. Describe location of subject property; located by township and range; identify adjacent developments, major drainage outfalls, streets, highways, lot and block page number; and provide a vicinity map.

2.

Description. Describe the predominate existing land use and future land use in project watershed using the latest data available. Describe the proposed development, soil types, vegetative cover, watershed slopes and provide an estimate of percent of impervious area for pre and post development conditions.

(3)

Watershed map.

a.

The watershed map should show the location of the project, drainage boundaries and acreage, existing channels, ditches, natural drains, proposed major drainage structures, channel realignment cross section locations and contours.

b.

Contours may be taken from the latest U.S.G.S. 7.5-minute quadrangle map or better.

c.

The watershed map must be at least one inch equals 500 feet scale or less.

d.

The pre-development and post-development ten-year and 100-year runoff rate and water surface must be shown at all entrance and exit points of the development. Twenty-five-year runoff rate and water surface may be required by town engineer.

(4)

Hydrologic design.

a.

The drainage impact analysis shall indicate existing condition peak ten-year and 100-year flow rates at the development entry and exit points. Twenty-five-year runoff flow rates may be required by the town engineer.

b.

The drainage impact analysis shall indicate future condition peak ten-year and 100-year flow rates at the development entry and exit points. Twenty-five-year flow rates may be required by town engineer.

(5)

Hydraulic capacities.

a.

On site capacity. Indicate capacity of any existing drainage outfall facility (ditch, canal, culvert, bridge, etc.) within the proposed development site and required type size, and capacity of any proposed outfall facilities as defined above.

b.

Off-site capacity. Determine capacity of existing downstream outfall facilities (ditches, canals, culverts, bridges, etc.) that will be utilized to convey flow from the downstream limits of the proposed development. An inventory of downstream structures including size, type, invert elevation, and cover topping elevation should be made. Channel cross sections at upstream and downstream limits of the proposed development at structure locations and at intermediate canal locations shall be required to adequately define existing channel capacities.

(6)

Special site conditions. Special conditions which may exist at the proposed development site should be clearly identified, including, but not limited to, such items as:

a.

Special flood hazard areas (FIRM Zones A and AE).

b.

Regulatory floodway (if applicable).

c.

Churches.

d.

Schools.

e.

Cemeteries.

f.

Landfills and hazardous waste sites.

g.

Parks.

(7)

Study conclusions and recommendations. Study should clearly identify the results and conclusions of the analysis and provide recommendations of any required actions so that no adverse impact is experienced by surrounding properties.

(8)

Design and construction criteria.

a.

Subdivision drainage shall be designed in accordance with one of the following three options:

1.

Open ditch subdivision. A subdivision that will be designed and built with open ditches. Installation of any subsurface drainage (other than a driveway culvert) is prohibited in any subdivision designed for open ditches. Driveway culvert pipe shall be designed and shown on the drainage layout map. Enclosure of open ditches in previously developed subdivisions shall follow the ordinance in place at the time of approval unless altered by ordinance. All sellers of any lot/parcel within an open ditch subdivision shall make the buyer beware that any subsurface drainage will not be allowed to be added (other than one driveway culvert per lot or parcel). The following statement must be placed on the bill of sale: "BUYER BEWARE: Installation of any subsurface drainage (other than a driveway culvert) is prohibited in this subdivision designed for open ditches."

2.

Open ditch subdivision with design for subsurface. A subdivision designed for subsurface drainage and built as an open ditch subdivision. Should the subdivision be initially built as an open ditch subdivision, then any future installation of subsurface drainage shall be in accordance with the drainage plans provided in the construction plans.

3.

Subsurface drainage subdivision. A subdivision that will be designed and built for subsurface drainage.

b.

Design shall be in accordance with DOTD hydraulics manual. The runoff used shall be computed using the soil conservation service (SCS) or rational method (Q = ACI) as described in the manual for all drainage areas (off-site and on-site) and any drainage channels affected by the development.

c.

Dedication of drainage servitudes (easements).

1.

If a watercourse traverses a subdivision, drainage way, channel or stream, an easement or drainage right-of-way conforming substantially to the lines of such watercourse shall be provided.

2.

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed drainage easements at least 20 feet in width, depending on width of drainage facility, shall be dedicated to the town for drainage ways that traverse property outside the road right-of-way lines with satisfactory access to the road. If the drainage easement abuts a street right-of-way, a ten-foot easement may be allowed, as determined by the town engineer.

3.

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights and easements across abutting property must be secured prior to the final subdivision approval and such easements must be indicated on the plat.

4.

The necessary width of all drainage easements, whether supporting manmade or natural drainage ways shall be determined by the petitioner's engineer and approved by the town engineer and the building official. When any of these drainage easements overlap, the largest area will be used to determine the minimum drainage easement.

5.

In the case of all privately-owned stormwater management facilities, including stormwater infrastructure on commercial or institutional property, or contained within residential common areas, the owner, at his/her sole expense, shall:

(i)

Maintain the retention/detention facility in a structurally sound condition so that it satisfies the drainage function for which it was intended;

(ii)

Maintain the retention/detention facility in a clean and safe condition so as not to constitute a hazard or nuisance to the public; and

(iii)

Maintain the retention/detention facility in accordance with all rules, standards and regulations applicable thereto as may from time to time be enacted by any governmental agency or authority.

d.

Complete hydraulic calculations shall be prepared and sealed by a professional engineer and submitted along with the construction plans.

e.

Open canals shall have side slopes of three to one if not lined with concrete. Slope grades of 1½ to one may be used if concrete lining is utilized.

f.

Erosive soils. Many subdivisions are developed in areas where erosive soils exist. All outfall ditches side slopes shall be stabilized by fertilizing and seeding and erosion hey blankets installed per manufacturer and as approved by town engineer.

g.

The following servitude criteria shall be required for each ditch, canal, and storm sewer; however, the town engineer may allow variations based on sound engineering practices:

1.

Storm sewers and swale ditches: 15-foot minimum servitude.

2.

Ditches with a top width up to 15 feet: width of ditch plus a minimum of 15 feet from the top of bank on one side.

3.

Canals with a top width greater than 15 feet: width of canal plus a minimum of 15 feet on each side.

4.

Canals with bottom widths greater than six feet to 15 feet: width of the canal plus a minimum of ten feet from the top of the bank on one side.

5.

Canals with a bottoms widths greater than 15 feet and a top width of less than 40 feet: width of canal plus a minimum of ten from the top of bank on one side and 25 feet on the other.

6.

Canals with a top width greater than 40 feet: 25 feet from the top bank on both sides.

h.

Outlet ditches (minor and major) located between lots shall be piped their entire length.

i.

All design criteria of drainage, whether open or closed system, shall meet sound engineering practices and principles. The town engineer will have the option to ask for any outfall ditch (outfall ditch is defined as a ditch that connects to the roadside ditch and outfalls at another location) to be enclosed for the entire length of the outfall.

(9)

Detention basin. Whenever a detention basin is utilized to minimize downstream flooding, the design shall address, at a minimum, the following:

a.

Detention basin shall be designed to detain flows so as not to increase downstream runoff more than ten percent for a ten-year pre-development storm.

b.

Detention basin shall be checked for the 25- and 100-year frequency to assure that adequate capacity is provided in the basin and at the outlet to prevent flooding of upstream and downstream developments.

c.

Adequate land must be reserved for maintenance of detention pond.

d.

Detention basins may be wet (lakes or ponds) or dry.

1.

Wet detention basins shorelines and control structures shall be privately owned and maintained. Both the construction plans and final plat for development shall include a note which states that the proposed detention basin, shoreline and control structure shall be privately owned and maintained. Storm drainage pipe inverts must be designed to be above the normal water surface elevation of the basin unless the town engineer approves variations.

2.

Dry detention basins shall be privately owned and maintained as part of the development drainage system. The basin must have minimum side slopes of three to one and must have a minimum 15-foot-wide access along the entire perimeter for maintenance. Storm drainage pipe inverts must be designed to be above the normal water surface elevation of the basin unless the town engineer approves variations. The basin bottom shall be designed and compacted to allow for proper maintenance with mowing machines and other equipment.

e.

The petitioner may propose off-site improvements to downstream facilities to minimize the impact of the development, subject to approval of the town engineer.

(10)

Floodplain management. When any part of a subdivision is located in a special flood hazard area as identified by the Federal Emergency Management Agency (FEMA):

a.

All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damages.

b.

Adequate drainage shall be provided so as to reduce exposure to flood hazards.

c.

The plan shall include a statement that habitable structures in the subdivision shall be constructed with their lowest floor, at least one foot above freeboard. Such a restriction shall be included in any deed, lease, purchase and sale agreement, or document transferring or expressing intent to transfer any interest in real estate or structure, including, but not limited to, a time-share interest. The statement shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on the plan.

(11)

Alternate management measures. Alternate management measures, applied alone or in combination with standard management measures, to satisfy the intent of this article are acceptable if there are no objectionable secondary consequences and provided they conform to standard and acceptable engineering principles, and they comply with other existing town development standards. Innovative techniques and ideas will be considered and may be used when shown to have potential to produce successful results. Examples of alternative management measures might include:

a.

Avoiding increases in stormwater runoff volume and velocity by including measures to promote infiltration.

b.

Avoiding increases in stormwater velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections.

c.

Providing energy dissipaters at outlets of storm drainage facilities to reduce flow velocities at the point of discharge; these may range from simple rip-rapped sections to complex structures.

(Code 1978, § 12-7024; Ord. of 10-10-2013, § IV(24))

(a)

Provision in subdivision lots by petitioner. The petitioner shall provide a sanitary sewerage collection system designed to adequately serve all lots in his subdivision, plus lines adequate in size to facilitate the orderly development of nearby land which is an integral part of the neighborhood service area and connect said collection system to the public sewerage system or to a separate sanitary sewerage system in conformance with the sanitary code of the state.

(b)

Plans required. When the petitioner submits the conditional plat for approval, he shall submit plans and specifications prepared by a civil engineer registered in the state showing the proposed sanitary sewerage system and facilities. Said plans shall show pipe sizes, gradients, type of pipe, invert and finished grade elevations, location and type of manholes, the location, type and size of all lift or pumping stations and such other information as required by the board of aldermen.

(c)

Design and construction standards. The design criteria for the sanitary sewerage system shall be based on standards of the town, parish, state and/or the sewerage district in which it is installed and shall be installed in accordance with the sanitary code of the state.

(1)

Sanitary sewer accessible. The petitioner shall connect with the public sanitary sewer and provide adequate sewer lines to the property line of each lot, and for site or tract developments provide additional treatment where existing trunk lines are inadequate.

(2)

Sanitary sewer not accessible. Sewage treatment and disposal shall be as follows according to the number and sizes of lots in the subdivision or re-subdivision (the number of lots to be determined by all filings and/or connecting filings of the subdivision):

a.

Subdivisions having 20 or less lots, each containing 16,000 square feet or more and with a width of at least 80 feet at building line, may have effluent from an approved individual mechanical system and absorption bed draining to open effluent ditches.

b.

Subdivisions having 21 through 30 lots, each containing 30,000 square feet or more and with a width of at least 80 feet at building line may have effluent from an approved individual mechanical system and absorption bed draining to open effluent ditches.

c.

Subdivisions having 31 or more lots shall have an approved community sewage treatment system.

(3)

Failure to meet standards unlawful. In no event shall petitioner fail to meet minimum standards prescribed by the state.

(4)

Sanitary sewer wet wells. Sanitary sewer wet wells shall be coated with a minimum of coal tar epoxy (two coats at ten to 12 mils per coat).

(Code 1978, § 12-7025; Ord. of 10-10-2013, § IV(25))

(a)

The petitioner shall provide a complete water distribution system that shall serve adequately all lots within the proposed subdivision, plus lines adequate in size to facilitate the orderly development of nearby land that is an integral part of the neighborhood service area. The water distribution system shall include appropriately spaced fire hydrants, valves and other appurtenances necessary.

(b)

Plans required. When the petitioner submits for conditional approval, he shall submit plans and specifications prepared by a professional engineer registered in the state showing the proposed water system. Said plans shall show line sizes, type of pipe, location of hydrants and valves and other appurtenances, if applicable, supply facilities, booster pumps, and elevated or ground level storage tanks.

(c)

Design and construction standards.

(1)

All newly constructed water distribution lines for either new water systems or extensions to existing systems, will be designed and constructed in accordance with and in conjunction with the utility company providing water service to subdivisions to provide adequate flow capacity and pressure, together with an adequate number of fire hydrants required for fire protection in that area. The minimum pipe size will be six inches.

(2)

Materials and methods used to construct the systems will be of such quality and standards as approved for fire defense by Underwriters' Laboratories, Inc., and/or the American Water Works Association.

(d)

All inhabited premises and buildings located within 300 feet of an approved public water supply shall be connected to such supply, provided that the property owner is legally entitled to make such a connection. The town may grant permission to use water from some other source. (The term "public system" means a system owned and/or operated by the town.)

(Code 1978, § 12-7026; Ord. of 10-10-2013, § IV(26))

(a)

The petitioner shall provide a complete fire protection system that shall serve adequately all lots within the subdivision plus fire protection provisions adequate in size to facilitate the orderly development of nearby land which an integral part of the neighborhood fire service area. No subdivision with individual lots shall be established unless there are appropriate provisions for fire protection service.

(b)

Fire protection provisions shall be outlined during the preliminary plat approval process and shown on all improvement plans.

(c)

Fire protection improvements shall be subject to the same financial assurances as other subdivision improvements.

(d)

Fire service provisions and water systems provided within or adjacent to the subdivision shall be located per the fire code adopted by the town at the time of development, as well as standards outlined by the National Fire Protection Association (NFPA) and the Property Insurance Association of Louisiana (PIAL).

(Code 1978, § 12-7027; Ord. of 10-10-2013, § IV(27))

(a)

All culverts in subdivisions legally platted and accepted by the town shall be installed to the size and grade shown on the construction plans or as determined by a licensed engineer and submitted in writing to the town. In the division or re-subdivision with improvements, a professional engineer shall provide in the construction plans stated above a separate drainage map that will include ditch inverts at property corners and a culvert size list.

(1)

Culverts in the town shall be installed pursuant to the procedure mandated by the town.

(2)

In the division or re-subdivision without improvements on an existing roadway, culverts shall be allowed by either requesting the town to designate the size of the needed culvert and shoot elevations or have a Louisiana professional land surveyor to perform the work and submit the information to the building official for the issuance of a culvert permit.

(b)

No person, including, but not limited to, contractor, housebuilder, homeowner, or lot owner, shall install subsurface drainage culverts, other than an approved driveway culvert, in road/street ditches for subdivisions designed for open ditches. Only subdivisions designed for subsurface drainage may install subsurface drainage during or after the maintenance period in accordance with the drainage plans provided in the construction plans. Enclosure of open ditches in a previously developed subdivision shall be allowed by either requesting the town to designate the size of needed culvert and shoot elevations or have a state professional engineer design a subsurface drainage plan to enclose the roadside ditch and have it approved by the town. Approved plan shall include, at a minimum, catch basins (two feet by two feet minimum) with removable grate located a maximum of every 40 feet.

(c)

An impervious substance (asphalt, tar, concrete, etc.) shall have expansion joints placed three feet from center of culvert on either side. This shall apply to all driveway, path or sidewalk culverts. In the event there is less than three feet distance, joint shall be placed at the furthest point.

(d)

Town building official.

(1)

Anyone installing culverts in any town road/street ditch shall obtain a permit to install culverts from the building official. Improper, inadequate or un-permitted installations shall be corrected by the town and all expenses incurred shall be borne by the property owner.

(2)

In subdivisions legally platted and approved by the board of aldermen, the building contractor or homeowner shall hire a professional engineer or professional surveyor to stake in the field the required grade and driveway culvert size. Culvert size to be determined by a professional engineer as per the recorded plans. After culvert is installed but prior to concrete or asphalt being installed over culvert, the building contractor or homeowner shall have a professional engineer or professional surveyor return to site to certify size and grade and report same in writing to the building official. The building official will not authorize the utility company to provide permanent power to the building until driveway culvert grade and size is certified correct.

(e)

No person shall intentionally obstruct the flow or alter the design of any open ditch or subsurface drainage. The discharge or placing of any foreign material in open ditches or subsurface drainage is hereby prohibited.

(f)

Driveway culverts and culverts not located under pavement shall be one of the following:

(1)

Reinforced concrete pipe (ASTM C-76, Class III).

(2)

Bituminous coated corrugated steel pipe (minimum 16 gauge).

(3)

Plastic pipe (as approved by LA DOTD QPL List).

(g)

Pipes located under pavement shall be one of the following:

(1)

Reinforced concrete pipe (ASTM C-76, Class III).

(2)

Bituminous coated corrugated steel pipe (minimum 14 gauge).

(h)

Pipes not located under pavement for subsurface drainage shall be one of the following:

(1)

Reinforced concrete pipe (ASTM C-76, Class III).

(2)

Bituminous coated corrugated steel pipe (minimum 14 gauge).

(3)

Plastic pipe (as approved by LA DOTD QPL List).

(i)

All pipes/culverts shall be laid in accordance with the manufacturer's recommendations and having watertight joints. Backfill for reinforced concrete pipe and bituminous coated corrugated steel pipe shall be selected soils or granular materials. Backfill for plastic pipe shall be granular material. A minimum of nine-inch cover shall be required over plastic pipe. Any pipes found to be damaged or out of alignment or grade shall be removed and reinstalled, or replaced at the expense of the petitioner.

(Code 1978, § 12-7028; Ord. of 10-10-2013, § IV(28))

(a)

Street lights. The town shall approve the location and number of street lights to be installed in a proposed subdivision. Street lights are required in all subdivisions developed consistent with the following criteria:

(1)

The proposed street light locations shall be designated on the preliminary plat.

(2)

Street lights shall be installed at all intersections and within all new subdivisions with improvements.

(3)

Lighting levels should be designed to meet or exceed the average minimum illumination levels as recommended by the Illumination Engineering Society (IES) for the particular roadway type and subdivision type. Lighting designs should be such that glare is minimized and spacing is adequate to avoid dark areas.

(4)

Street light fixtures shall be full cutoff or otherwise designated as dark sky friendly design.

(5)

Street lighting shall be installed on poles of proper mounting height and strength to meet or exceed the transverse wind loading criteria based on the effective projected area of the particular pole and fixture selected. Street light wiring shall be installed underground from source to pole.

(6)

All cost associated with the construction and installation of street lights in subdivisions shall be paid by the petitioner. Payment of the cost shall be a prerequisite to the approval and final acceptance of the subdivision by the town.

(b)

Poles.

(1)

When located on street right-of-way, utility poles shall be located adjacent to the property line, but can be no further than six feet into the street right-of-way from the property line or beyond the property side of open drainage. In no case should poles be placed closer than six feet from the traveled surface of the roadway.

(2)

Pole placement may be adjusted with town approval for protected live oak or other trees, historical structures, necessary public access, or other conflicts.

(3)

Street light pole placement is acceptable within the median of a boulevard, provided adequate space exists between the pole and the traveled surface of the roadway. Generally, the minimum acceptable median width to accommodate street light poles would be eight feet with six inches of curbing.

(Code 1978, § 12-7029; Ord. of 10-10-2013, § IV(29))

(a)

General requirements. Existing features that would add value to residential development or to the town as a whole, such as trees required to be preserved by these regulations, watercourses, historic spots, and similar irreplaceable assets, shall be preserved in the design of subdivisions or other developments. No trees shall be removed from any subdivision nor the grade of the land within the subdivision be altered until approval of the preliminary plat has been granted. If certain trees on the plat are to be retained, they shall be preserved and the area of land within their drip lines shall be protected against any change of grade.

(b)

Public use and open space. The petitioner of each major subdivision for residential or commercial development shall dedicate a portion of such land, in accordance with this section, for a public park, greenway, recreation and/or open space site to serve the natural and recreational needs of the subdivision or development.

(c)

Amount of land to be dedicated.

(1)

Each new subdivision shall be required to include a minimum of six percent of the total land area of the subdivision site as an open space contribution.

(2)

The planning commission may allow the petitioner to provide one acre of created wetlands habitat in lieu of 1.25 acres of otherwise required open space, provided such created wetlands constitute less than 20 percent of the total required area.

(d)

Nature of land to be dedicated. Except as otherwise required by the planning commission, at the time of preliminary plat approval, all dedications of land shall meet the following criteria:

(1)

The dedicated land shall form a single parcel of land, except where the planning commission determines that two or more parcels would be in the best interest of the public. In such cases, the planning commission may require that such parcels be connected by a greenway or other form of pedestrian access.

(2)

At least one-half of the total land dedicated shall be located outside areas of special flood hazard areas as determined by FEMA, lakes or other water bodies and areas with slopes greater than five percent, and at least 75 percent of the total land dedicated shall be located outside of wetlands subject to federal or state regulatory jurisdiction. Lakes, ponds, creeks, or other water bodies, and wetlands may be dedicated only if a sufficient amount of abutting land, as determined by the planning commission, is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system.

(3)

The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision.

(e)

Procedure for dedication of land. The dedication of such land shall be reviewed and approved as part of the preliminary plat. The petitioner shall designate on the preliminary plat, if any, the area or areas of land to be dedicated pursuant to this section. Where wetlands falling under the jurisdiction of state or federal agencies have been certified to exist on the property, the wetlands shall be designated. Upon receipt of the preliminary plat the town engineer shall submit any and all recommendations concerning the land to be dedicated to the planning commission.

(Code 1978, § 12-7030; Ord. of 10-10-2013, § IV(30))

(a)

The planning commission shall have the authority to waive the provisions of these subdivision regulations when the waiver will not in any manner vary the provisions of the comprehensive plan or comprehensive zoning ordinance; and:

(1)

When purposes of these regulations may be served to a greater extent by an alternative proposal, or when the waiver is of such an inconsequential nature that it will not have any substantial effect on the purpose and intent of these regulations or the authority for which is specifically granted in these regulations;

(2)

When granting of the waiver will not be detrimental to the public safety, health, or welfare or injurious to other property; or

(3)

When a particular hardship or unusual and practical difficulty, but specifically not to include financial hardship, may result from the strict application of these regulations and the conditions upon which the request for waiver is based are unique to the property for which the waiver is sought because of the physical surroundings, shape or topographical conditions of the specific property and are not applicable generally to other property.

(b)

In waiving any of these rules or regulations, the planning commission may require such alternative conditions as will serve substantially the same objective as the standards or regulations waived.

(c)

Any waivers and alternative conditions thus authorized by the planning commission are required to be entered in writing in the minutes of the planning commission and the reason which justified the departure to be set forth. No waiver, however, shall be authorized without the recommendation of the planning commission. If a zoning variance is required, such a variance must be approved through the process delineated in the town comprehensive zoning ordinance.

(Code 1978, § 12-7031; Ord. of 10-10-2013, § V(31))

Whenever in this code or in any ordinance of the town, any act that does not provide otherwise, or for a greater penalty, the violation of any such provision of this code or any ordinance shall be a misdemeanor punishable by a fine of not more than $500.00 or a term of imprisonment of not more than 30 days in the parish jail, or both. Unless specifically provided otherwise or the context thereof so dictates, each day any violation or any provision of the code or any ordinance shall continue shall constitute a separate offense. In addition, the violator shall pay all costs and expenses involved in the case. Nothing in this section shall prevent the board of aldermen from taking other lawful action as is necessary to prevent or remedy any violation. Other penalty provisions of this code do not affect this section, except the portions amended by such other provisions.

(Code 1978, § 12-7032; Ord. of 10-10-2013, § VI(32))