11.1.1.   Title.

The official title of Division III including Articles 11, 12 and 13 of the Comprehensive Land Use Regulations shall be known as the "Subdivisions and Public Improvements Regulations of the City of Mandeville" and for ease of reference may also be referred to as the "Subdivision Regulations".

11.1.2.   Purpose.

It is the purpose of these regulations to promote logical and sound development in the municipality and to assist those who are developing subdivisions in the City to safeguard the interests of the property owner, the occupants of homes and other structures, the developers, and the local government. Once land has been divided into streets, lots and blocks, and these actions have been publicly recorded, the correction of defects is costly and difficult. Subdivision of land eventually becomes a public responsibility, in that roads and streets must be maintained, and various public services customary to urban areas must be provided. The welfare of the entire community is, as a result, affected in many important respects. It is also deemed to be in the interest of the general public, the developer and future home owners and other occupants, that subdivisions be conceived, designed and developed in accordance with sound rules and intelligent development standards. These regulations are adopted for the following purposes:

1.

To protect and provide for the public health, safety and general welfare of the present, as well as future citizens of the City of Mandeville;

2.

To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population;

3.

To protect the identified character and the social and economic stability of the City of Mandeville and to encourage the orderly and beneficial development of the area within its boundaries;

4.

To protect and conserve the value of the land in the incorporated area of Mandeville and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings;

5.

To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities;

6.

To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City of Mandeville, having particular regard to the avoidance of congestion in the streets and highways, and pedestrian and bicycle traffic movements appropriate to the various uses of land and buildings and to provide for the proper location and widths of streets and building lines;

7.

To establish reasonable standards of design and procedures for subdivisions, resubdivisions and the installation of public improvements, in order to further the orderly layout and use of land, and to insure proper legal descriptions and monumenting of subdivided land;

8.

To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision;

9.

To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; to encourage the wise use and management of natural resources throughout the community in order to preserve the integrity, stability and beauty of the City of Mandeville and the value of the land;

10.

To preserve the natural beauty and topography of the City of Mandeville and to insure appropriate development with regard to these natural features in order to provide a natural habitat for the preservation of wildlife and natural vegetation, and to maintain the natural drainageways in a naturalistic state in order to reduce the effects of runoff pollutants on the lake;

11.

To provide open spaces to meet the needs of the community through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the Mandeville Zoning Regulations; and

12.

To guide and manage the future growth and development of the City in accordance with the City's adopted Comprehensive Land Use Plan and any other plans which in the future may be adopted by the City such as, but not limited to, an Open Space/Drainage Plan.

11.1.3.   Policy.

1.

It is hereby reaffirmed to be the policy of the City of Mandeville to consider the subdivision of land, and the subsequent development of the subdivided plat, including the construction of public improvements, as subject to the control of the City of Mandeville pursuant to objectives for the orderly, planned, efficient, economical and environmentally sound development of the City. These general improvement and lot improvement regulations are provided to establish a framework for the Planning Commission to evaluate and regulate the subdivision of land in the City, pursuant to the overall objectives of these Land Use Regulations to promote the orderly, planned, efficient, economical, and environmentally sound development of the City.

2.

Any developer desiring to subdivide any lot, tract, or parcel of land or to change or rearrange any such lot, tract or parcel of land within the City shall comply with the plat specifications and approval procedures and the standards for the construction of public improvements established in these regulations.

3.

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until available public facilities and improvements exist and/or proper provision has been made for drainage, water, sewerage and capital improvements such as schools, parks, recreation facilities, transportation facilities and other improvements as identified in the Comprehensive Land Use Plan.

4.

The Planning Commission shall not approve the subdivision of land if, following adequate investigation conducted by all public agencies concerned, it has been determined that the site is not suitable for platting and development purposes of the kind proposed. Land that is subject to periodic inundation or deemed to be topographically unsuitable shall not be platted for residential occupancy, or for other uses that may increase flood hazard, endanger health, life or property, or aggravate erosion. (See Article 8 for complete Flood Damage Prevention regulations.) Such land within the plat shall be set aside for conservation and passive land uses that would not be endangered by periodic or occasional inundation. In applying these provisions, land below the flood elevations as established by the State Coastal Management Division of the Department of Natural Resources (currently the five (5) foot MSL contour) shall be considered prima facie as the minimum area subject to flooding, not to be included in the buildable area of any development plan and land determined by the Corp. of Engineers to be subject to Section 10 of the Rivers and Harbors Act or Section 404 of the Clean Water Act may only be included in the buildable area of any development plan subject to the provisions of these Land Use Regulations and issuance of any permits required by the Corps of Engineers or state Coastal Management.

5.

It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the Building and Zoning Regulations, and the City's Comprehensive Land Use Plan and Capital Improvements Plan.

6.

Pursuant to the accomplishment of these policy statements, no land shall be subdivided, sold or offered for sale within the incorporated area of the City of Mandeville until the owner or duly authorized agent for the owner of the land shall have obtained approval from the Planning Commission of a Final Subdivision Plat in accordance with the procedures and requirements established herein, and the approved Final Subdivision Plat is filed with the Parish Clerk of Court.

11.2.1.   Authority.

1.

In accordance with the provisions of Louisiana R.S. 33:101-119 the City Council of the City of Mandeville adopted an ordinance on May 11, 1954 investing the Mandeville Planning Commission with full authority and jurisdiction to exercise all the powers and duties set forth in the cited statutes. By this Ordinance that authority is reaffirmed in the Mandeville Planning Commission in accordance with the regulations and procedures contained herein for the review and approval or disapproval of subdivision/resubdivision plats and public improvements within the incorporated areas of the City of Mandeville.

2.

By the same authority the Planning Commission exercises the power and authority to review and approve or disapprove the development of subdivisions of land where a plat of some or all of that land has already been recorded in the office of the Parish Clerk of Court, if such subdivisions are entirely or partially undeveloped. Subdivisions shall be considered to be entirely or partially undeveloped if:

a.

The subdivision has been recorded with the Parish Clerk of Court without a prior approval by the Planning Commission; or

b.

The subdivision has been approved by the Planning Commission, but more than two (2) years has elapsed without granting a construction permit on the partially or entirely undeveloped land and the zoning regulations for size or density or use for the district in which the subdivision is located have been changed subsequent to the original final subdivision approval; or

c.

More than one year has elapsed since the original final subdivision approval and all streets and other required improvements on the subdivision plat have not been constructed by the developer according to the requirements in effect at the time of final approval or recording.

11.2.2.   Jurisdiction.

1.

These subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the incorporated limits of the City of Mandeville. Subject to the exceptions hereinafter provided, any sale or contract to sell or lease immovable property within the City of Mandeville either by lot or block description, by metes and bounds description, or to establish a condominium regime over more than one previously created lot or parcel of land shall constitute a subdivision of land and come within the provision of this subdivision ordinance.

2.

Every subdivision of land within the City of Mandeville shall be depicted on a plat and submitted to the Planning Commission through the staff of the Department of Planning and Development for approval or disapproval.

3.

Subdivision developers who have complied with the procedures outlined in this Ordinance do not have to resubmit plats of immovable property to be conveyed once the subdivision is approved and any public improvements depicted thereon have been accepted for maintenance in accordance with these regulations unless substantial changes in the proposed plat have been made.

4.

When no new streets or utilities are required to be constructed and existing drainage patterns are not to be altered, Planning Commission approval of a subdivision of land will not be required in the following cases:

a.

Upon the partition of an estate among the legal heirs or upon the partitioning of property required by a court judgment when the partition does not result in any parcel of land less than five (5) acres and having its smallest side dimension less than four hundred feet (400).

b.

Land in subdivisions previously legally recorded, except in those cases listed under 11.2.1 above.

c.

Sales of a lot, tract or parcel of land where the sale does not involve any change in the boundaries of such lot, tract, or parcel provided it can be shown to be a legal lot of record at the time of acquisition.

11.4.1.   Responsibilities of City Officials and Personnel.

11.4.1.1.Responsibilities of the Planning Commission.

The Planning Commission, or its duly authorized representative, is charged with the duty of making investigations and reports on the design and improvements of proposed subdivisions and developments and considering policies for development as enunciated by the Comprehensive Land Use Plan, and as prescribed by law and these regulations in making decisions regarding subdivisions. The Planning Commission may require such redesign of street patterns, lot layout and other such information or plans as the circumstances may warrant to carry out its duties. The Planning Commission Chairman shall cause sufficient copies of the Subdivision and Public Improvements Regulations to be prepared for distribution to interested parties. Such copies shall be sold by the City. It shall further be the duty of the Planning Commission Chairman or authorized individual acting in the behalf of the Chairman to enforce these regulations and to bring to the attention of the City Attorney and the City Council any violations or lack of compliance herewith. Upon such written notice to the City Attorney and the City Council, the responsibility for the prosecution of any legal action instituted as a result of such violations or noncompliance with these regulations shall be transferred to the City Attorney.

11.4.1.2.Responsibilities of the Department of Planning and Development.

1.

It shall be the responsibility of the Director of the Department of Planning and Development, or designee, to review all applications for completeness and to advise the applicant of any deficiencies in the required submission documents, to collect all fees required to be submitted in conjunction with applications, to assist the applicant in the subdivision process, to assist and advise the Planning Commission with regard to the provisions of this Comprehensive Land Use Regulations Ordinance, and to record and distribute signed copies of final subdivision plats.

2.

It shall be the responsibility of the secretary of the Department of Planning and Development to advertise all subdivision and public improvements cases in accordance with advertising requirements and see that written notice is sent to the applicant, by certified mail, stating the time, date and place of the public hearings on the request for whatever phase of subdivision approval has been applied for by the applicant. This notice shall be mailed not less than five (5) days before such public hearing for all proposed subdivisions.

3.

It shall be the responsibility of the Planning Department through its staff to see that a printed notice in bold type shall be posted for not less than ten (10) consecutive days prior to the public hearing conducted by the City Planning Commission on signs prepared, furnished and placed by the Department upon the principal and accessible rights-of-way adjoining the area proposed for a subdivision. Said signs shall contain an accurate statement of the proposed changes and the time and place of the public hearing as provided above. The City will not permit the issuance of either a building permit or certificate of occupancy on any parcel or plat of land improperly created in accordance with the requirements of or considered to be in violation of these subdivision and public improvements regulations.

11.4.1.3.Responsibilities of the Director of Public Works.

It shall be the responsibility of the Director of Public Works to provide input to the Planning Commission in coordination with the City Engineer regarding existing public improvements and plans for proposed public improvements.

11.4.1.4.Responsibilities of the City Council.

1.

The City Council will accept the dedication of streets and public improvements from developers but only after having received the recommendation of the Planning Commission regarding the proposed dedications.

2.

No public funds shall be expended for the maintenance of streets, sewers, or other improvements until those improvements have been accepted by the City Council as public improvements and plat or replat of such land shall have been approved by the Planning Commission and recorded in the Office of the Clerk of Court of St. Tammany Parish.

11.4.1.5.Responsibilities of the City Engineer.

1.

Responsibilities for review of all engineering specifications and construction methods to be used by a developer/subdivider are assigned to the City Engineer or the Public Works Director. The City will be responsible for periodic observations of construction within subdivisions, including the scheduling of site visits and submittal of reports to the Planning Commission concerning the adequacy of proposed specifications and materials to be used in the construction of the subdivision development.

2.

Resident field representatives authorized to act on behalf of and by the City shall be authorized to observe and report on all work done and all materials furnished. Such duties may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The field representative shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He is authorized to call the attention of the developer and/or contractor to any failure of the work or materials to conform to approved specification requirements and advise the owner to suspend that portion of the work involved in such failure until any question at issue can be referred to and decided by the Planning Commission, through the City Engineer, Public Works Director or the City's duly authorized representative.

11.4.2.   Classification of Subdivisions and Approvals Required.

Whenever any minor or major subdivision of land (as defined in Article 3) 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:

Minor Subdivision/Resubdivision

1. Tentative Approval.

2. Final Approval.

Major Subdivision/Resubdivision

1. Tentative Approval.

2. Preliminary Approval.

3. Final Approval.

11.4.3.   Official Submission Dates.

For the purpose of these regulations for both major and minor subdivisions, the date of the regular meeting of the Planning Commission at which the public hearing on approval of the final subdivision plat (including any adjourned date thereof) is closed, shall constitute the official submittal date of the plat at which the statutory period required for formal approval or disapproval of the plat shall commence to run. In accordance with provisions of Louisiana R.S. 33:113, the Planning Commission will have sixty (60) days from the official submission date to approve or disapprove the subdivision plat. If the plat is not disapproved in that period of time, it shall be deemed to have been approved, and a certificate to that effect shall be issued by the Planning Commission on demand. The owner may, however, waive this requirement and consent to an extension of such time period. Such waiver and consent must be in writing and signed by the owner or owner's authorized agent.

11.4.4.   Requirement of Application and Other Fees.

The Department of Planning shall collect and the applicant shall be required to submit a processing fee in conjunction with the Department's acceptance of each complete application for tentative, preliminary or final subdivision or resubdivision approval to cover the cost of processing and advertising the request. In addition to the processing fees, the applicant shall be required to pay all professional and recordation fees incurred by the City in conjunction with the approval process.

11.4.5.   Method of Payment of Fees.

Required fees shall be paid in cash, money orders, or checks made payable to the City of Mandeville and all fees shall be receipted on pre-numbered receipts with the original going to the payor, one copy being attached to the application and one copy remaining in the receipt book. All fees incurred by the City in association with an application for subdivision/resubdivision approval or the installation of public improvements which are reimbursable to the City by the applicant shall be required to be paid by the applicant prior to the issuance of any Certificates of Occupancy on the land associated with the application. Current hourly rates for City Engineer or Public Works Director and City attorney are available upon request in the Department of Planning and Development.

11.4.6.   Enforcement.

The Planning Commission or its designated agent shall inform the City of any violations of the regulations set forth in these Subdivision and Public Improvements Regulations or any subdivision plans or construction not in accordance with state law concerning subdivision, after appropriate consultation and recommendation of the City Engineer or Public Works Director and/or City Attorney.

11.4.6.1.Sale of Land in Unapproved Subdivisions.

No person, or agent for such person, owning land within the City of Mandeville shall transfer or sell or agree to sell any lot or parcel of land described by reference to, or by exhibit, or by any other use of a plat of subdivision, before such plat has received final approval of the Planning Commission and has been duly recorded. The description of such lot parcel or tract described as such by metes and bounds in any contract or instrument of transfer or other document used in the process of selling or transferring same shall not exempt the person attempting to transfer same from penalties provided, or deprive the purchaser of any rights or remedies he may otherwise have. The provisions of this section do not apply to letters of intent given to a developer to enable him to obtain construction financing, provided however, that such letters of intent may not be exercised until final subdivision approval.

11.4.6.2.Revisions of Plat After Approval.

No changes, erasures, modifications or revisions shall be made on any plat of a subdivision after final approval has been given by the Planning Commission other than as may be necessary to satisfy any conditions of such approval, unless the plat is first resubmitted and the changes approved by the Planning Commission.

11.4.6.3.Improvements in Official Streets Only.

No board, public officer or authority shall accept, lay out, open, improve, grade, pave, curb, or light any street or authorize utilities to be placed in any street within the territory for which the Planning Commission has adopted a major street plan, unless the street right-of-way has been dedicated, accepted for maintenance or has otherwise received the legal status of a public street prior to the adoption of such plan, or unless the street corresponds with a street shown on the Master Streets Plan or with a street on a subdivision plat approved by the Planning Commission or with a street plat made by and adopted by the Planning Commission and accepted by the City Council.

11.4.6.4.Dedication of Improvements Prior to Certificate of Occupancy.

All improvements required or intended to be dedicated to the City, including but not limited to streets, utilities or recreational amenities, shall be required to be dedicated and accepted by city ordinance prior to the issuance of any Certificate of Occupancy for a structure on the land to be served by such public improvement.

11.4.7.   Violations.

11.4.7.1.Penalties for Unapproved Sales.

Any person, whether owner or agent of the owner of any land located in a subdivision who transfers or sells or agrees to sell any land by reference to, or exhibit of, or by other use of a plat of subdivision, before such plat has been approved by the Planning Commission and recorded in the office of the Clerk of Court of the Parish of St. Tammany shall forfeit and pay a penalty of $500.00 to the City for each lot or parcel so transferred or sold or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided.

11.4.7.2.Civil Enforcement.

Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premise, and these remedies shall be in addition to the penalties described above.

11.4.8.   Reconsideration.

When the Planning Commission has taken adverse final action on any subdivision proposal, no reconsideration of an application will be granted unless:

1.

Notarized certification is furnished by the owner to the Commission that circumstances and/or conditions have been changed or altered;

2.

Notarized certification is furnished by the owner to the Commission that data used or provided in analysis of the proposed subdivision was inaccurate; or

3.

Additional information has become available which was not available at the time the subdivision review was made.

11.5.1.   Interpretation and Conflicting Provisions.

In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provisions of law, whichever provisions are more restrictive or impose higher standards shall control.

11.5.2.   Private Provisions.

These regulations are not intended to abrogate or assume responsibility for enforcement of any easement, covenant or any other private agreement or restriction, provided that the provisions of these other regulations are more restrictive or impose higher standards than required in the Land Use Regulations.

11.5.3.   Saving Provisions.

These regulations shall not be construed as abating any action now pending under, or by virtue of prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City except as shall be expressly provided for in these regulations.

11.5.4.   Appeals.

An appeal from action taken by the Planning Commission may be initiated as follows:

1.

Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission may appeal that action to the District Court. Such appeal shall be taken within thirty (30) consecutive calendar days of the date of the meeting at which the action was taken.

2.

All actions and decisions of the Planning Commission which have not been appealed to the District Court within the thirty (30) consecutive calendar days after the action or decision has been taken shall become final.

11.5.5.   Waivers.

The Planning Commission shall have the authority to waive the provisions of Division III Subdivision and Public Improvements Regulations when the waiver will not in any manner vary the provisions of Division I or II of this Comprehensive Land Use Regulations Ordinance or official zoning map 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; or

2.

When granting of the waiver will not be detrimental to the public safety, health, or welfare or be 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.

11.5.6.   Amendment of Regulations.

Amendments to Division III Subdivision and Public Improvements Regulations shall be made in accordance with the procedures and requirements for amendments to the Comprehensive Land Use Regulations Ordinance as provided.

11.5.7.   Advertisement of Requests.

Notice of each application for matters to be decided by the Planning Commission under the provisions of Division III Subdivisions and Public Improvements Regulations and the time and place of the public hearing or hearings thereon shall have been published once a week for three (3) weeks in the City's official journal. At least fifteen (15) days shall elapse between the first publication and the date of the hearing or hearings to which said publication relates.

In addition, a printed notice in bold type shall be posted for not less than ten (10) consecutive days prior to the public hearing.

11.5.8.   Vacation of Plats.

1.

Before the Sale of Lots. Any plat or any part of any plat may be vacated by the owner of the premises at any time before the sale of any lot therein by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the Planning Commission in like manner as plats of subdivisions, except in the case where public rights-of-way, public lands, or public improvements have been dedicated to the public through or in conjunction with the recordation of plat in which case Council approval shall be required to vacate the plat.

2.

After Lots Have Been Sold. When lots have been sold, the plat may be vacated in the manner herein stated provided all the owners of lots depicted on such plat join in the execution of such writing.

3.

Reason for Disapproval By City Council. The City Council may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.

4.

Procedure. Such an instrument shall be executed, acknowledged or approved by the Planning Commission and recorded or filed in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated. To divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat in addition to the approval of the Planning Commission an ordinance of the City Council is required to authorize the action appropriate to return the public lands to private ownership.

11.5.9.   Responsibilities of Developers/Applicants.

1.

The developer has the duty of compliance with reasonable conditions set by the Planning Commission for the design, dedication, improvement and restrictive use of land to conform to goals for the physical and economic development of the City and to the safety and general welfare of the future lot owner in the subdivision, as well as the community at large.

2.

Each developer of residential land, developer of multi-family, commercial or industrial complexes, or representative of such person, shall confer with the Planning Director or Designee before preparing the tentative geometric layout of the sketch plan in order to become thoroughly familiar with the subdivision requirements and with the provisions of the comprehensive land use plan affecting the territory in which the proposed development lies.

3.

The developer shall prepare plats and plans consistent with the design standards; accomplish improvements consistent with the appropriate specifications; and process said plats and plans in accordance with these regulations.

4.

In cases where a proposed development will cause the need for off-site capital improvements, before such expenditures are provided for in the capital budget, the developer will be required to contribute a proportional share of the cost of such improvement as can be attributed to the impact of the proposed development.

a.

Cooperation of Developer and/or Contractor. The developer and/or contractor shall have available on the project, two copies of all required plans and specifications. Such individual shall cooperate with the City representative and with other contractors in every way possible. The developer and/or contractor shall have a competent representative acting as his or her agent on the project. The representative shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and comply with instructions from the contractor. A representative shall be furnished for every project regardless of the amount of work subcontracted.

b.

Maintenance of Improvements. The developer and/or contractor shall be responsible for the maintenance of the improvements installed until such time as the public improvements are dedicated to the City and accepted for maintenance by the City.

c.

Repair of Damage. Any damage done to the new improvements being constructed or any streets or roadways used for access, by construction traffic, or by other means caused by the construction process shall be repaired or the damaged materials replaced by the developer prior to final acceptance of the constructed improvements.

d.

Final Inspection. Upon completion of all the improvements, the developer shall request, in writing, a final inspection by the City Engineer or Public Works Director, or his duly authorized representative, who shall make a final inspection of streets, sidewalks, curbs and gutters, sanitary and storm sewers, water mains and other improvements required in these regulations. Upon completion of the work and before acceptance, the developer shall clean up all ground occupied or affected by him in connection with the work. The entire area shall be kept in a neat and presentable condition during the entire duration of the project and left in a neat and presentable condition satisfactory to the City.

11.5.10.   Inspection and Approval of Improvements.

1.

Developers will provide the City Engineer, Public Works Director and/or Engineering Consultant with sufficient information to evaluate their engineering specifications in light of the requirements of this Ordinance. The City Engineer, Public Works Director or City Engineering Consultant will review the construction plans and specifications and observe construction on the site to determine if the improvements proposed and/or constructed meet the requirements of these regulations. The City Engineer, Public Works Director and/or City Engineering Consultant will see that written notice is sent to the developer or agent of the developer, and to the City Council whenever any proposed construction or any actual construction up for approval is found to be in violation of these regulations.

2.

Field visits shall be performed by the City representative, City Engineer and/or Department of Public Works personnel together with the developers consultant engineer and when necessary, the testing laboratory.

3.

Fees shall be paid by the developer to the City of Mandeville to cover the actual costs incurred for all plan review and field visits.

11.5.10.2.Responsibilities of the City Engineer.

1.

The City Engineer and Director of Public Works will be responsible for selecting a list of approved testing laboratories. The City Engineer, Public Works Director and/or City Engineering Consultant shall provide a copy of this list of approved testing laboratories to the contractor, contractor's engineer, developer, developer's engineer and other officials so designated by the City. The testing laboratory shall be hired by the developer and the fee for necessary testing shall be paid directly by the developer to the approved testing laboratory. Testing shall be done in accordance with the plans and specifications as approved by the Planning Commission.

2.

The City Engineer, Public Works Director and/or City Engineering Consultant shall perform a sequence of site visits and shall record their findings on the report to be sent to the Planning Commission for the following items of work:

a.

Clearing and grubbing;

b.

Excavations and embankment;

c.

Drainage channels (surface and subsurface);

d.

Inlets, junctions and manholes;

e.

Surface and subsurface courses;

f.

Curbs, medians and sidewalks;

g.

Structures;

h.

Utility installations.

3.

The City Engineer, Public Works Director and/or City Engineering Consultant shall be in charge of intermediate site investigation and approval of the following:

a.

Base Courses;

b.

Surface Courses;

c.

Structures.

4.

The City Engineer, Public Works Director and/or City Engineering Consultant shall check the visual appearance of curbs and medians, street pavement and sidewalks; notifying the developer's consulting engineer of any poor workmanship.

5.

The City Engineer, Public Works Director and/or City Engineering Consultant shall conduct the final inspection of all improvements with representatives of the consulting engineer, the contractor, the utility company and the Testing Laboratory.

11.5.10.3.Responsibilities of Developer's Consulting Engineer.

1.

The developer's consulting engineer shall meet with the City Engineer or Public Works Director to confirm any additional plan review specifications.

2.

The developer's consulting engineer shall provide the contractor with a benchmark and will stake out square corners and points of curvature for the contractor to use to stake out lines and grades to complete the work. Benchmarks indicating location and N.G.V.D. elevation shall be established and provided by the developer and shown on the drawings at locations specified in other sections of these regulations.

3.

The developer's consulting engineer shall, where applicable, inspect the laying of the sanitary sewer line and storm drainage installations.

4.

The developer's consulting engineer shall perform the inspection of the same items covered under the responsibilities of the City Engineer or Public Works Director referenced herein and described above.

5.

The developer's engineer shall request final inspection by the City.

11.5.10.4.Responsibilities of the Testing Laboratory.

The Testing Laboratory shall be responsible for the following:

1.

The testing of the concrete used in the construction of the street pavements, curbs and sidewalks.

2.

Providing a resident inspector to inspect the base processing.

3.

Providing a resident inspector to inspect the street pavements including asphalt.

4.

Seeing that a representative of the Testing Laboratory shall be present at the concrete and/or asphalt plants to inspect preparation of these materials.

5.

Seeing that a representative of the Testing Laboratory shall attend intermediate site visits when called upon.

6.

Seeing that a representative of the Testing Laboratory shall attend the final inspection.

7.

Perform inspection, where applicable of sanitary sewer lines and storm drainage installations if the developer's consulting engineer does not perform this function.

8.

Furnishing reports to the City Engineer, Public Works Director and/or City Engineering Consultant, the developer's consulting engineers, and the contractors on Items 1—7.

9.

Shall inspect all concrete, metal, clay, plastic or other acceptable pipe and stamp such as being approved by the testing laboratory. This is to be done prior to delivery to the jobsite.

10.

If the above procedures and responsibilities are not complied with, the City has the authority, following sending written notice to the developer, contractor, and the consulting engineer, to bar further work toward completion of the project.

11.5.10.5.Acceptance of Improvements.

When construction is completed and is in accordance with the approved plans and specifications and complies with the provisions of these regulations, the developer through his engineer, shall certify that all work has been completed and request final inspection by the City Engineer, Public Works Director and/or City Engineering Consultant. Following this inspection, the City Engineer, Public Works Director and/or City Engineering Consultant shall forward his report and recommendations for approval or disapproval to the City Council. Final approval of construction and acceptance of any dedications to public use and maintenance shall come only from the City Council.

12.1.1.   Pre-application Procedures for All Subdivisions/Resubdivisions.

1.

Prior to preparing a conceptual sketch plat for any subdivision and before any construction, clearing or other ground work is undertaken, the applicant shall schedule a pre-application meeting with the Planning Director or Designee to discuss the procedure for approval of subdivision plats and the requirements for the development and construction of subdivisions in the City.

2.

The applicant should acquire a copy of the Comprehensive Land Use Regulation Ordinance of the City and any other documents that the City may require so that the applicant, architect, engineer, landscape architect, land surveyor, and/or planner for the applicant can become familiar with the design and construction requirements of the City. After review of the requirements for subdivision the applicant is encouraged to discuss any questions regarding the proposed subdivision with the Planning Director or Designee.

3.

The applicant and/or the applicant's representative should discuss any questions they might have with the Planning Director or Designee concerning the requirements for the general layout of streets and reservations of land, street improvements, drainage, sewerage, and similar matters. If public improvements are required to be constructed in conjunction with the proposed subdivision, the applicant shall schedule a pre-application meeting with both the Planning Director or Designee and the Director of Public Works. It shall be the responsibility of the applicant to determine the status of the proposed application as a major or minor subdivision dependent on the requirement for public improvements with the assistance of the Director of Public Works.

4.

The Planning Director or Designee should be consulted as to the present zoning of the subdivision site and abutting areas; the use, bulk and density requirements provided in Article 11 and the nature of existing public services and facilities available or planned for the subdivision site. The proposed development shall be evaluated for compatibility with the future land use plan, particularly with regard to planned capital improvements such as streets and parks.

5.

The Planning Director or Designee shall also advise the developer, where appropriate, to discuss the proposed subdivision with those City, parish, state and federal officials who may eventually approve various aspects of the subdivision plat.

6.

The Planning Director or Designee or their designee shall provide the proposed applicant with all the necessary application forms in accordance with the currently adopted Rules of Procedure of the Planning Commission and advise the applicant of deadlines for submission and required fees.

12.1.2.   General Procedure.

For purposes of these regulations, all proposed subdivisions and resubdivisions of land within the City of Mandeville shall be classified as either minor or major subdivisions/resubdivisions as defined in Article 3 and, based on the applicable classification, shall be required to apply for and obtain the following approvals in accordance with the procedures outlined for those approvals:

Minor Subdivision/Resubdivision

1. Tentative Approval of Conceptual Sketch Plat.

2. Final Approval of Final Subdivision Plat.

Major Subdivision/Resubdivision

1. Tentative Approval of Conceptual Sketch Plat.

2. Preliminary Approval of Preliminary Plat and Construction Plans.

3. Final Approval of Final Subdivision Plat by Planning Commission in conjunction with:

a. Acceptance of dedication of public improvements with maintenance bond by City Council; or

b. Posting of performance bond or irrevocable letter of credit for the construction of required public improvements and subsequent acceptance of dedication of improvements with maintenance bond by City Council.

12.1.3.   General Content.

All subdivision/resubdivision 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 Comprehensive Land Use Regulations and all other applicable laws and codes of the City of Mandeville;

3.

Any rules of the Health Department and/or appropriate state agencies, with such rules providing minimum standards to be met by all subdivision plats;

4.

The requirements of the Louisiana Department of Transportation and Development when so noted and if the subdivision or any lot contained therein abuts a state highway or connecting street and;

5.

All applicable standards and regulations adopted by the City and all boards, commissions, agencies and officials of the City; and

6.

The current adopted Rules of Procedure of the Planning Commission available in the office of Planning Director or Designee.

12.1.4.   Deadlines for Submission of Applications.

For purposes of these regulations the deadlines for submissions of all subdivision and resubdivision applications shall be in accordance with the Planning Commissions' current adopted Rules of Procedure. A list of deadlines for submission of applications for each year, based on the current Rules of Procedure shall be available in the office of the Department of Planning and Development.

12.1.5.   Major Subdivision/Resubdivision Applications and Procedures.

12.1.5.1.Tentative Approval Procedure for Subdivisions and Resubdivisions.

1.

Tentative Approval Application Submission Requirements. Subsequent to the required pre-application meeting the following items shall be required to be submitted by the applicant to the Planning Director or Designee to initiate the Tentative Approval procedure for both subdivision and resubdivision requests. Applications received after the official deadline, as established by the Rules of Procedure of the Planning Commission, will be held for hearing at the earliest possible meeting in accordance with the established deadlines. The following items shall be submitted and distributed in accordance with the requirements of these regulations and the currently adopted Rules of Procedure of the Planning Commission on forms approved by the Planning Commission: *

a.

Application form for Tentative Approval, completed and signed, and the required number of copies for review;

b.

Conceptual Sketch plat, drawn in accordance with the provisions of these regulations and the required number of prints for review;

c.

Site Features Map drawn in accordance with the provisions of these regulations and the required number of prints for review;

d.

A notarized affidavit of ownership which shall disclose all contiguous holdings of the owner including land in common ownership as defined herein, with an indication of the portion which is proposed to be subdivided, as well as dates the respective holding of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the Parish Clerk of Court's office. This affidavit shall advise the planning commission as to the legal owners of the property, the Persons proposed to acquire the property, the date contract of sale was executed and, if any corporations are involved, include a listing of all directors, offices, and stockholders of each corporation owning more than five (5) percent of any class of stock;

e.

Environmental Impact Assessment, completed and signed, in the form required by the Planning Commission, including each phase of a Master Development Plan when applicable, and the required number of copies for review; (Note-This item may be waived by the Planning Commission in the case of a proposed resubdivision in a previously developed block where environmental concerns have already been addressed.)

f.

One (1) copy of any existing or proposed covenants on the property;

g.

Master Development Plan, with accompanying site features maps for each phase when a major subdivision/resubdivision is proposed to occur in phases, and the required number of prints for review;

h.

All fees required to be submitted in conjunction with a Tentative Approval procedure;

i.

A letter, sent via certified mail, return receipt requested, addressed to the St. Tammany Parish School Board notifying the School Board of the size of the new subdivision development and requesting comment on the proposed development from the School Board.

* These items may not be required in circumstances where the specific case does not involve the issues addressed by these items. A predetermination as to need will be made by the Planning Director or Designee at the pre-application conference, subject to final determination by the Planning Commission during case review.

2.

Review of the Conceptual Sketch Plat. The Planning Commission will review the conceptual sketch plat and supporting documents for compliance with the requirements of this Ordinance. The planning commission will, where appropriate, ask for written comments or opinions from officials or agencies of the City, adjoining municipalities and the parish, school and special districts and other official bodies as they deem necessary. Such studies and evaluation will take into consideration the requirements of these land use regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relationship to the general topography of the land, sewerage disposal, drainage, lot sizes and lot design, the future development of adjoining land that is not subdivided, and the provisions of the City's master streets plan and the comprehensive land use plan.

3.

Public Hearing Required. The Planning Commission shall hold a public hearing on the request for Tentative Approval. The hearing shall be advertised as required in Article 11 herein. Notice will be mailed to the applicant and posted on the site in accordance with the requirements of Article 11 herein.

4.

Approval, Conditional Approval or Disapproval. Tentative Application. After reviewing and discussing the Conceptual Sketch Plat, other submitted materials and all other reports submitted by other agencies and/or officials, the planning commission will advise the applicant as to approval, conditional approval, or disapproval of the application and the reasons therefor. Planning commission approval or conditional approval of the conceptual sketch plat shall constitute authorization to the applicant to prepare and submit a preliminary plat (in the case of a major subdivision/resubdivision) or a final subdivision plat (in the case of a minor subdivision/resubdivision) to the Planning Commission for approval. In the case of a conditional approval requiring amendment of the conceptual sketch plat or site features map, 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 preliminary or final subdivision plat, whichever the case may be. Failure to submit amended documents sufficient to meet the conditional approval requirements of the Planning Commission in the prescribed time period shall constitute a failure to meet the conditions of approval and shall cause the application as disapproved.

5.

Rejection of Application. If any of the items required to be submitted have not been submitted or if the Conceptual Sketch Plat submitted is incomplete or does not conform to the requirements of these regulations or if the application and/or required supplemental information is not in accordance with the provisions of these regulations, the Planning Director or Designee has the authority to notify the applicant of rejection of the application. In such cases, the Planning Director or Designee shall send written notice to the applicant stating the reasons for the rejection of the application.

6.

Effective Period of Tentative Approval. Approval or conditional approval of the Tentative Approval application and the associated Conceptual Sketch Plat by the planning commission shall be effective for a period of six (6) months from the date of the meeting at which the planning commission gives such approval. Failure to apply for Preliminary Approval within the effective time of the Tentative Approval shall render the approval of the Conceptual Sketch Plat null and void and the applicant shall be required to resubmit a new application and plat for Tentative Approval which shall be subject to all land use regulations of the City effective after the expiration of the Tentative Approval.

12.1.5.2.Preliminary Approval Procedure for Subdivisions and Resubdivisions.

1.

Preliminary Approval Application Submission Requirements. Subsequent to the required Tentative Approval of the proposed subdivision or resubdivision and prior to the expiration of the effective period of the Tentative approval the applicant may submit an application for Preliminary Approval. The following items shall be required to be submitted by the applicant to the Planning Director or Designee to initiate the Preliminary Approval procedure for both subdivision and resubdivision requests. Applications received after the official deadline, as established by the Rules of Procedure of the Planning Commission, will be held for hearing at the earliest possible meeting in accordance with the established deadlines. The following items shall be submitted and distributed in accordance with the requirements of these regulations and the currently adopted Rules of Procedure of the Planning Commission on forms approved by the Planning Commission.

a.

Application form for Preliminary Approval, completed and signed, and the required number of copies for review;

b.

A notarized affidavit of ownership if any changes in ownership have occurred since the affidavit submitted with the request for Tentative Approval;

c.

Preliminary plat, drawn in accordance with the provisions of these regulations and in compliance with the approved or conditionally approved Conceptual Sketch Plat, and the required number of prints for review;

d.

Copies of Construction Plans and specifications submitted in accordance with all provisions of these regulations as required;

e.

Copies of the applicant's request for sewer and water system approval by the Parish and/or State Health Office as required;

f.

Copies of any approval granted to the applicant from state and/or federal agencies for sewer and/or water system installations and drainage construction work as required;

g.

Copies of any state or federal approvals or permits for construction in coastal or wetlands areas as required;

h.

Copies of all proposed and existing restrictive covenants;

i.

Copies of the Storm Drainage Report in accordance with the provisions of these regulations as required;

j.

All fees required to be submitted in conjunction with a Preliminary Approval procedure, including the lump sum fee required for engineering review of the preliminary application as determined by the City Engineer or Public Works Director during the Tentative Approval procedure.

2.

Review of Preliminary Plat. The Planning Commission shall review the preliminary plat and its supporting documents based on the requirements of these regulations and the commission's Tentative Approval of the Conceptual Sketch Plat, the City Engineer or Public Works Director's report to the commission, the recommendations of the Planning Director or Designee, any recommendation, testimony and exhibits submitted at the public hearing and any other information submitted by the applicant, agencies and officials required or invited to comment and other interested parties.

3.

Public Hearing Required. The Planning Commission shall hold a public hearing on the request for Preliminary Approval. The hearing shall be advertised and posted and a notice will be mailed to the applicant in accordance with the requirements of Article 11 of these regulations.

4.

Approval, Conditional Approval or Disapproval of Preliminary Plat. After the planning commission has reviewed the preliminary plat, construction plans, and other supporting documents of the Preliminary Approval application, the recommendations of the Planning Director or Designee, the City Engineer or Public Works Director, the Parish Health Officer and other such agencies having jurisdiction, and the testimony and exhibits, if any, submitted at the public hearing by any affected governmental unit, special districts, school boards, or private individuals, the planning commission shall approve, conditionally approve, or disapprove the application. Should the planning commission give a conditional approval or a disapproval, the applicant is to be advised by the Planning Director or Designee in writing of the reason(s) for such action. In the case of a conditional approval requiring amendment of the preliminary plat or construction plans, the applicant shall resubmit the required number of copies of the documents with the amendments required for approval by the Planning Commission for signing and distribution prior to submission of the Final Subdivision application or proceeding with the preconstruction meeting with the City Engineer or Public Works Director. In the case of approval of the application, or upon receipt of the amended documents meeting the requirements of the conditional approval, the applicant shall submit the required number of copies of the approved preliminary plat and construction plans and specifications to be marked "Preliminary Approval" and signed by the City Engineer or Public Works Director, Planning Director or Designee and Chairman of Planning Commission. Signed copies as required shall be retained in the Preliminary Approval case file in the Department of Planning and Development and by the City Engineer or Public Works Director and returned to the applicant. Planning Commission approval of the Preliminary Plat application shall constitute authorization for the applicant to schedule a preconstruction meeting with the City Engineer or Public Works Director to obtain a written "notice to proceed" from the City Engineer or Public Works Director which authorizes the commencement of construction of the subdivision in accordance with the approved plans.

5.

Preliminary Approval Prerequisite to Construction or Final Approval. Planning Commission approval of the construction plans and specifications for required improvements shall precede the commencement of any construction of improvements or approval of the final subdivision plat. Additionally, the applicant shall either construct the required improvements or submit a performance bond or irrevocable standby letter of credit in a form approved by the City Attorney securing the construction of required improvements and irrevocable dedication of all rights-of-way or sewers depicted on the plat prior to submission of the final subdivision plat for approval. If the applicant chooses to submit a performance bond or irrevocable standby letter of credit in lieu of completing the required improvements prior to final plat approval, he may do so by addressing a letter to the Planning Commission with an estimate of the cost of all required improvements or the portion not yet constructed. The Planning Commission, upon recommendation of the City Engineer or Public Works Director regarding the estimated cost of the improvements to be included in the bond or irrevocable standby letter of credit, will advise the applicant and the City Council of the amount of such bond or letter of credit recommended by the City Engineer or Public Works Director. Final decision regarding the amount of such bond or letter of credit shall be determined by the City Council by ordinance in conjunction with the acceptance of the dedication of rights-of-way and servitudes where the proposed public improvements covered by the bond or letter of credit will be installed.

6.

Rejection of Application. If any of the items required to be submitted have not been submitted or if the preliminary plat or construction plans and specifications 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 or the Planning Commission's current adopted Rules of Procedure, the Planning Director or Designee has the authority to reject the application. In such cases, the Planning Director or Designee shall send written notice to the applicant stating the reasons for the rejection of application.

7.

Effective period of Preliminary Approval. The approval of a preliminary plat shall be effective for a period of one (1) year from the date of the meeting at which the planning commission gives such approval. Any plan not receiving final approval within the effective time of the preliminary approval shall be null and void and the developer/subdivider shall be required to resubmit a new application and plan for preliminary approval subject to all land use regulations of the City effective after the expiration of the Preliminary Approval.

8.

Public Dedications and Improvements. Before the planning commission approves a preliminary plat showing a public dedication or reservation of land for some specified use, the planning commission shall first obtain approval of such dedications or reservation from that agency or branch of government controlling the specific use activity; for example:

a.

Proposed dedication or reservation of school sites will first be approved by the Parish School Board;

b.

Proposed dedications or reservations of public park sites not identified in the adopted Comprehensive Land Use Plan will be required to be approved by the City Council for the area in which such dedication or reservation is to be made during the Tentative approval process;

c.

Proposed dedications or reservations for other public facilities such as transportation facilities and utilities not identified in the adopted Comprehensive Land Use Plan must first be approved by resolution of the City Council during the Tentative approval process.

9.

Vested Rights. No vested rights shall accrue to any plat by reason of preliminary approval.

10.

Effect of Land Use Regulations on Approval of Preliminary Application. Every subdivision plat shall conform to the requirements of the Comprehensive Land Use Regulations at the time of final approval, except any plat which has received preliminary approval in conformance with the Comprehensive Land Use Regulations shall be exempt from any subsequent amendments to the land use regulations enacted during the effective period of the Preliminary Approval rendering the plan non-conforming as to size or density or use, provided that final approval is obtained within the one-year effective period of Preliminary Approval.

11.

Restriction on Clearing, Grading and Construction. No work toward construction of streets, sewerage systems, drainage canals, or any other improvements in association with a proposed subdivision shall commence until preliminary approval is granted by the Planning Commission and a work permit or notice to proceed is issued by the City Engineer or Public Works Director. Subsequent to preliminary approval, the applicant may apply for a preconstruction conference with the City Engineer or Public Works Director and request a work permit or notice to proceed to do clearing and grubbing on the proposed site in accordance with the provisions of these regulations.

12.

Provision for Model Homes. For the purpose of allowing the early construction of model homes in a subdivision, the planning commission, at its discretion, may permit a portion of a major subdivision, but involving no more than two (2) lots, to be created in accordance with the procedures for a minor subdivision, provided said portion derives access on existing public streets and provided no future street or other improvement is anticipated where said lots are proposed. The model home development shall be considered as a minor subdivision and shall be subject to the minor subdivision approval process. The subdivision plat for the "minor" portion shall be submitted to the planning commission simultaneously with the preliminary plat for the entire "major" subdivision. Subsequent to preliminary approval of the preliminary subdivision plat, the models may be constructed, subject to such additional requirements as the Planning Commission may require, however, the model homes shall not be issued certificates of occupancy or sold prior to recordation of the Final Subdivision Plat.

12.1.5.3. Final Approval Procedures for Subdivisions and Resubdivisions.

1.

Final Approval Application Submission Requirements. Following preliminary approval of the proposed subdivision application by the Planning Commission, and prior to the expiration of the effective period of the preliminary approval, the following items shall be submitted by the applicant to the Planning Director or Designee to initiate the final subdivision approval procedure for both subdivisions and resubdivisions. In the case of Major Subdivisions/Resubdivisions, prior to submission of the final subdivision plat for approval, the applicant shall either complete the construction of required improvements or submit a performance bond or irrevocable standby letter of credit in a form approved by the City Attorney securing that necessary or required improvements will be constructed within one year of the date of the approval of the final plat by the Planning Commission. Applications received after the official deadline, as established by the current Rules of Procedure of the Planning Commission, will be held for hearing at the earliest possible meeting in accordance with the established deadlines. The following items shall be submitted and distributed in accordance with the requirements of these regulations and the currently adopted Rules of Procedure of the Planning Commission on forms approved by the Planning Commission:

a.

Application form for Final Approval of the subdivision or resubdivision, completed and signed by the applicant or his authorized agent, and the required number of copies for review.

b.

A notarized affidavit of ownership if changes have occurred since that affidavit submitted with the request for tentative or preliminary approval.

c.

Copies of the Final Subdivision Plat drawn in accordance with the provisions of these regulations and in compliance with the approved or conditionally approved Preliminary Plat, in the case of Major Subdivisions or Resubdivisions, or Tentative Plat, in the case of Minor Subdivisions or Resubdivisions, as required for purposes of review and approval.

d.

Certification by the City Clerk of the approval of any ordinance for zoning or rezoning submitted in conjunction with the proposed subdivision or resubdivision to verify that the zoning is in order prior the Final Approval, if conformance of the proposed subdivision or resubdivision with all land use regulations is dependent upon the zoning or rezoning of the land comprising the proposed subdivision or resubdivision.

e.

Copies of any required state or federal approvals or permits for construction.

f.

Copies of all private restrictions, restrictive covenants or trusteeships and their periods of existence as they apply to lots in the subdivision, signed by the owner or the owner's agent. (If such restrictions or covenants are not stated in full on the final plat, references to the recording of such in the Parish Clerk's Office will be stated.)

g.

All fees required to be submitted in conjunction with a Final Approval procedure.

h.

All major subdivision data must be submitted on a computer disk of the subdivision plat, including utilities, in an Autocad compatible electronic format.

i.

* Copies and reproducibles, as required, of the Record Improvement Plans, except when final approval is requested in conjunction with a performance bond or irrevocable standby letter of credit for the construction of public improvements, in which case these item shall be required to be submitted subsequent to completion of the improvements which they depict and prior to the acceptance of the constructed public improvements by ordinance of the Council.

j.

* One (1) copy of official correspondence indicating approval by the parish health office of the proposed sewer and water system.

k.

* One (1) copy of official correspondence indicating approval from all state and/or federal agencies with jurisdiction over sewer and/or water system approval, and dredging and drainage construction work.

l.

* All formal irrevocable offers of dedication to the public of all streets/roads, local governmental uses, utilities, parks, and easements depicted on the plat, in a form approved by the City Attorney's office. In fulfillment of this requirement, the applicant shall transfer with warranty full, unencumbered and merchantable title to all such property interests to be dedicated in proper form for recording, together with a title insurance policy for the City which shall be approved by the City attorney before signing of the final subdivision plat.

m.

* Performance bond or irrevocable standby letter of credit, if required, in a form satisfactory to the City Attorney and in an amount established by the City Council upon recommendation of the City Engineer or Public Works Director and City Attorney and including a provision that the principal of the bond shall comply with all terms of the resolution of final subdivision plat approval as determined by the planning commission and including, but not limited to, the performance of all required subdivision and off-site improvements and stating that all improvements and property interests included in the irrevocable offer of dedication shall be dedicated to the City free and clear of all liens and encumbrances on the premises.

n.

* One (1) copy of the traverse calculations for the subdivision. The minimum traverse calculations required shall include a closed traverse of the subdivision boundaries and a closed traverse along the centerline of each street within the development, as well as closed traverse calculations of all lots in the subdivisions and all publicly or privately reserved parcels.

o.

In the case of a Minor Subdivision Approval items marked with an asterisk (*) will not be required to be submitted for Final Approval.

2.

Review of the Final Subdivision Plat. The planning commission shall review the final subdivision plat based on the requirements of these regulations and the commission's approval of the preliminary plat and any recommendations, testimony, and exhibits submitted at the public hearing by any public agency or official and any other interested parties. The Planning Commission's review of a final subdivision plat shall not occur until there has been compliance with all requirements of the Subdivisions Applications and Procedures section of this article.

3.

Public Hearing Required for Final Approval. The Planning Commission shall hold a public hearing on the request for Final Approval. The hearing shall be advertised and posted and a notice will be mailed to the applicant in accordance with the requirements of Article 11 of these regulations.

4.

Approval, Conditional Approval or Disapproval of Final Plat. Following the public hearing, the Planning Commission shall approve, conditionally approve, or disapprove the final subdivision plat application and shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval.

a.

In the final approval the Planning Commission shall stipulate the period of time when the performance bond shall be filed or the required improvements installed, whichever is applicable. In no event shall a performance bond or irrevocable standby letter of credit be submitted later than six (6) months from the date of final approval by the Planning Commission, together with all required documents and completion of required procedures.

b.

In no event shall the period of time stipulated by the Planning Commission for completion of required improvements exceed one (1) year from the date of final approval.

c.

Where the Planning Commission has required the installation of improvements prior to final approval, the Planning Commission shall not unreasonably modify the conditions set forth in the preliminary approval.

5.

Rejection of Application for Final Approval. If any of the items required to be submitted have not been submitted or if the final subdivision plat submitted is incomplete or does not conform to the requirements of these regulations, the preliminary plat as approved, or the application and/or required supplemental information is not in accordance with the provisions of this Ordinance, the Planning Commission may reject the application. In such cases, the Planning Director or Designee shall provide notice to the applicant stating the reasons for the rejection of the application.

6.

Final Approval Accomplished.

a.

A final subdivision plat shall not be approved or signed by the Chairman of the Planning Commission until the conditions for approval of the plat and all other conditions of the action granting final subdivision plat approval have been met.

b.

In the case of a Major Subdivision or Resubdivision involving the construction of public improvements and/or the dedication of land or improvements or other matters requiring Council action as a condition of Preliminary Approval, Final Approval shall not be accomplished and the final plat shall not be signed and recorded until all required actions of the City Council have occurred and all conditions of approval with respect to public dedications of land and improvements are met or assurance of completion and maintenance of such improvements have been provided as set forth in this Article.

c.

The Final Subdivision Plat shall not be signed by the Chairman of the Planning Commission until all fees due the City have been paid by the applicant or have been assured of payment by the methods provided herein. When all conditions of approval have been met, all required actions, if any, of the City Council have occurred, the required signatures have been attached to the Final Subdivision Plat, and the Final Subdivision Plat duly recorded, the Final Subdivision Plat shall become a final recorded plat, the created lots shall become eligible for sale or use and the Official Base Map and plat maps of the City shall be amended in accordance with approved Final Subdivision Plat.

7.

Vested Rights. No vested rights shall accrue to any plat by reason of final approval until the actual signing of the plat by all persons required by these regulations. All requirements, conditions, or regulations adopted by the Planning Commission applicable to the subdivision, or all subdivisions generally shall be deemed a condition for any subdivision prior to the time of signing of the final plat by the Chairman of the Planning Commission. Where the Planning Commission has required the installation of improvements prior to signing the final plat, the Planning Commission shall not unreasonably modify the conditions set forth in the final approval.

8.

Phased Development in Major Subdivisions. Prior to granting final approval of a major subdivision plat, the Planning Commission may permit the subdivision to be divided into two or more phases and may impose such conditions upon the approval of plats for the various phases as it may deem necessary to assure the orderly development of the subdivision. The Planning Commission may require that the performance bond be in such amount as is commensurate with the phase or phases of the subdivision then under review and may defer the posting of bond for the remaining phases of the subdivision. The developer may also only file required irrevocable offers to dedicate streets and public improvements for the phases of the subdivision then under review and defer filing offers of dedication for the remaining phases until such phases, subject to any conditions imposed by the Planning Commission, shall be proposed for final plat approval. Each phase of a subdivision must contain at least ten percent (10%) of the total number of lots proposed for the total subdivision development.

9.

Procedure for Recordation of the Final Subdivision/Resubdivision Plat. Submission of Plat for Signatures - Following Final Subdivision Plat approval by the Planning Commission, the applicant shall submit three (3) reproducible copies (one shall be of a substantial quality, such as mylar or vellum, if the Final Subdivision Plat is larger than a size which can be reproduced by standard copy machine) and two (2) prints of the Final Subdivision Plat with original signatures of the owners of the property and surveyor, as appropriate, for the required signatures of approval.

a.

Required Signatures of Approval. It shall be the responsibility of the Planning Director or Designee or their designee to see that all required signatures are affixed to the Final Subdivision Plat prior to recordation. The required signatures of approval shall be the signatures of the Mayor, the Public Works Director or the City Engineer, the Planning Director or Designee and the Chairman of the Planning Commission.

(1)

When a bond or letter of credit is required in lieu of installation of all public improvements, the Chairman of the Planning Commission shall endorse approval on the plat only after the bond has been approved and the dedication of public lands, rights-of-way and servitudes for the installation of such improvements has been accepted by ordinance if the City Council and all the conditions of the Planning Commission resolution pertaining to the plat have been satisfied.

(2)

When installation of improvements is required prior to final plat approval, the Chairman of the Planning Commission shall endorse approval on the plat after all conditions of the preliminary and final approvals have been satisfied and all improvements satisfactorily completed or assured in the manner provided herein. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the City Council as shown by a certificate signed by the City Engineer or Public Works Director and the City Attorney that the procedural requirements of this section have been met.

(3)

The Planning Commission Chairman, Mayor of the City, and the Public Works Director or the City Engineer will sign and date the three (3) reproducible originals and two (2) prints of the subdivision plat for purposes of recordation and reproduction for distribution.

b.

Responsibility for Recordation. It shall be the responsibility of the Planning Director or Designee or their designee to file the Final Subdivision Plat, signed as required, with the office of the Clerk of Court of St. Tammany Parish within thirty (30) days of the date of signatures.

c.

Distribution of Copies of Recorded Final Subdivision Plat. It shall be the responsibility of the Planning Director or Designee or their designee to cause to be made the required number of copies of the recorded Final Subdivision Plat for distribution to the Planning Commission files, the map files of the City, the City Engineer or Public Works Director's files, the applicant and others as specified in the current adopted Rules of Procedure of the Planning Commission or as otherwise appropriate based on the circumstance of the specific case.

10.

Amendment of Official Base Map and Comprehensive Plan.

a.

Amendment of the Official Base Map. Upon the recordation of a Final Subdivision Plat granted by the Planning Commission and approved by City Council ordinance, the Planning Director or Designee and the Department of Planning shall be responsible for the entry of any changes to the computerized Official Base Map within ten (10) working days from the date of approval by the City Council, or at such time that the amendment legally takes effect.

b.

Amendments to the Official Base Map by ordinance of the City Council shall include any changes in the boundaries of the City, the names or spellings of names of official streets or water bodies, the boundaries or numbers of squares, the revocation or dedication of streets or other public rights-of-way or the location, shape or size of water bodies sufficient to require the amendment of the Official Base Map.

c.

Amendment of the Comprehensive Plan. Recordation of a Final Subdivision Plat granted approval by the Planning Commission shall constitute an amendment to the Comprehensive Plan and shall authorize the Planning Director or Designee to cause to be amended any maps associated with the Comprehensive Plan which are affected by the recorded plat. Such amendments to the Comprehensive Plan shall be made in accordance with the recorded plat and within thirty (30) days of the date of recordation.

12.1.6.   Minor Subdivision/Resubdivision Applications and Procedures.

Minor subdivisions and resubdivisions as defined in Article 3 shall be approved in accordance with the procedures for Tentative Approval and Final Approval as provided under the requirements for Major Subdivision/Resubdivision Applications and Procedures above.

12.1.7.   Resubdivision Approval Procedures.

12.1.7.1.Procedure for Resubdivision.

Prior Final Subdivision Approval or the establishment of a legally subdivided lot of record in accordance with a recorded plat of subdivision prior to the City's requirement for subdivision approval shall be a prerequisite to the acceptance of an application for resubdivision.

1.

Major resubdivisions shall be required to be approved in accordance with the procedures and requirements for Major subdivisions/resubdivisions as outlined above, including the Tentative, Preliminary and Final Approval procedures.

2.

Minor resubdivisions shall be required to be approved in accordance with the procedures and requirements for Tentative and Final Approval of Major Subdivisions as outlined above. However, in the case of minor resubdivisions which do not require any changes in existing utilities (i.e., installations of additional water meters for additional lots) or other public improvements, the Tentative and Final Approval may occur simultaneously and the Final Subdivision Plat, including all information required to be provided on the Conceptual Sketch Plat, may be submitted in conjunction with the Site Features Map in lieu of the Conceptual Sketch Plat. If a Site Features Map for the affected area has already been filed with the City and there have been no significant changes to the site or surrounding areas which affect the site, no Site Features Map will be required. However, any areas of periodic inundation or live oaks required to be preserved will be required to be shown on the submittal plat in this case.

12.1.7.2.Guidelines for Approving Resubdivisions.

1.

The size and dimensions of all newly created lots shall be in conformance with the requirements of these land use regulations.

2.

Corner lots may use either street frontage to meet the front footage requirements of these land use regulations.

3.

No lots may be resubdivided or created which front only on an existing dedicated but unimproved street unless the street is improved in accordance with these regulations.

4.

Areas of periodic inundation as defined herein shall not be included in the calculation of required lot area for purposes of resubdivision.

5.

In cases where two or more sub-standard lots of record are in single ownership and no additional adjacent land is in the same ownership as the substandard lots, the Planning Commission may approve a resubdivision of the smaller lots into a larger lot even if the resultant larger lot does not meet the minimum lot width or area requirements of these land use regulations.

12.1.7.3.Procedure for Subdivisions Where Future Resubdivision is Indicated.

Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided into small building sites, the Planning Commission may require that such parcel of land allow for the future openings of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement for approval of a plat.

12.3.1.   Assurance of Completion.

12.3.1.1.Completion of Improvements.

Before the final plat is signed by the Chairman of the Planning Commission, the applicant shall be required to complete, in accordance with the Planning Commission approvals and to the satisfaction of the City Engineer or Public Works Director, all streets and improvements, including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat and as approved by the Planning Commission and to dedicate same to the City free and clear of all liens and encumbrances on the property and public improvements thus dedicated except as provided below.

12.3.1.2.Performance Bond or Irrevocable Letter of Credit.

1.

In those instances where the Planning Commission determines that it is not necessary or not desirable that the applicant complete and dedicate all public improvements prior to the signing of the final subdivision plat, the applicant may post a performance bond or irrevocable standby letter of credit prior to final subdivision approval in an amount fixed by the City Council upon recommendation by the City Engineer or Public Works Director as sufficient to secure the satisfactory construction, installation, inspection and dedication of the uncompleted portions of all required improvements. The performance bond or irrevocable standby letter of credit shall also secure all required lot improvements on the individual lots of the subdivision and in applicable cases, the control of erosion and sedimentation as required in these regulations.

2.

Such performance bond or irrevocable letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Planning Commission in the resolution approving the final subdivision plat and shall be the terms of the bond or letter of credit and shall not in any event exceed two (2) years from date of final approval. Such bond or letter of credit shall be approved by the City Council as to amount and surety and conditions satisfactory to the City Council. The Planning Commission may, upon proof of difficulty, recommend to the City Council that an extension of the completion date set forth in such bond or letter of credit be granted, but only for a maximum period of one (1) additional year. The City Council may at any time during the period of such bond or letter of credit accept a substitution of principal or sureties on the bond or letter of credit upon recommendation of the Planning Commission.

3.

Governmental units to which these bond or letter of credit and contract provisions apply may file in lieu of said contract or bond or letter of credit a certified resolution or ordinance from officers or agencies authorized to act on their behalf, agreeing to comply with the provisions of this Article.

12.3.1.3.Cost of Improvements.

All required improvements shall be made by the applicant at his expense without reimbursement by the City Council or any improvement district.

12.3.1.4.Liability Insurance.

The applicant shall furnish such insurance as is deemed necessary by the Mayor and City Council which shall indemnify and save harmless the City of Mandeville from any and all liability arising by reason of any conditions which may arise or grow out of the construction or installation of improvements. The insurance shall be of such amount and condition as determined by the Mayor and City Council, but shall in no case be allowed to expire earlier than the date of acceptance for maintenance of the covered improvements by the City of Mandeville. A copy of the insurance policy shall remain at all times with the Clerk of Council.

12.3.1.5.Failure to Complete Improvements.

For subdivisions for which no performance bond or irrevocable letter of credit has been posted, if the improvements are not completed within the period specified by the Planning Commission in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a bond or letter of credit has been posted and required improvements have not been installed within the terms of such performance bond or letter of credit, the City Council may thereupon declare the bond or letter of credit to be in default and commence all necessary collection or enforcement actions.

12.3.2.   Inspection, Acceptance and Maintenance of Improvements.

12.3.2.1.General Site Investigation Procedure.

The City Engineer or Public Works Director shall provide for the observation of required improvements during construction to insure their satisfactory completion. If the City Engineer or Public Works Director finds that any of the required site investigation improvements have not been constructed in accordance with the appropriate construction standards and specifications, the developer shall be responsible for making any changes required to meet the specifications of the City Engineer or Public Works Director. An estimate of the anticipated fees based on the preliminary application review shall be established by the City Engineer or Public Works Director and furnished to the applicant prior to the preconstruction meeting and the commencement of construction or field inspections. These estimated fees are established for the convenience of the developer, who will be responsible for all fees incurred regardless of the fee that is estimated for inspection services. All fees shall be paid in accordance with the provisions herein as described in Application and Other Fees.

12.3.2.2.Certificate of Satisfactory Completion.

The City Council will not accept dedication of required improvements, nor release or reduce a performance bond or irrevocable letter of credit, until the City Engineer or Public Works Director has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the City Engineer or Public Works Director, through submission of detailed record drawings of the survey plat and construction plans of the subdivision indicating locations, dimensions, materials, and other information required by the Planning Commission, City Engineer or Public Works Director, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision and a letter from an attorney indicating that a title insurance policy has been furnished to and approved by the City Attorney and further indicating the improvements have been completed, are ready for dedication to the City of Mandeville and that the title to this land is marketable and that the land is free and clear of any and all liens and encumbrances. Upon such approval and recommendation, and subsequent to the filing of the required maintenance bond, the City Council shall thereafter accept the improvements for dedication in accordance with the established procedure.

12.3.2.3.Reduction of Performance Bond or Irrevocable of Letter of Credit.

A performance bond or irrevocable letter of credit shall be reduced upon actual dedication of public improvements and then only to the ratio that the public improvements dedicated bears to the total public improvements for the approved plat. In no event shall a performance bond or letter of credit be reduced below twenty-five percent (25%) of its original principal amount.

12.3.3.   Acceptance of Dedication Offers.

Acceptance of formal offers of dedication of streets, public areas, servitudes, and parks shall be by ordinance of the City Council. A letter from the applicant's attorney indicating that a title insurance policy has been furnished to and approved by the City Attorney further indicating that the land is free of and clear of any and all liens and encumbrances shall be required to be submitted in conjunction with the ordinance. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the City of Mandeville of any street, servitude, or park shown on said plat. The Planning Commission shall require said plat to be endorsed with appropriate notes to this effect.

12.3.4.   Maintenance of Improvements.

1.

The applicant shall be required to maintain all improvements on or serving the individual subdivided lots until acceptance of said improvements by the City Council. If there have been any certificates of occupancy issued for improvements on a lot abutting a street not yet dedicated but intended to be dedicated to the City of Mandeville, such as issued for model homes, the City Council may on twelve (12) hours notice effect emergency repairs and charge the cost of same to the developer.

2.

The applicant shall be required to file a maintenance bond or standby letter of credit with the City Council, prior to dedication of public improvements, in an amount considered adequate by the City Engineer or Public Works Director and in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of two (2) years after the date of their acceptance by the City Council and dedication of same to the City of Mandeville. Absent the adoption by the City Council of a contrary recommendation from the City Engineer or Public Works Director, the amount of the security required by this subsection shall be fifty (50) percent of the cost of constructing the improvements for the first year of the security and twenty-five (25) percent of the cost of constructing the improvements for the second year of the security.

12.3.5.   Issuance of Building Permits and Certificates of Occupancy.

Where a performance bond or irrevocable letter of credit has been accepted by the City in conjunction with a Final Subdivision approval in lieu of the completion of the required improvements and prior to the acceptance by the City of the dedication of such improvements, the Building Inspector may issue building permits for the construction of on-site improvements provided the owner of the lot signs a statement acknowledging that the owner shall proceed at his own risk due to the fact that no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the proposed street and utility improvements and the dedication to and acceptance of same by the City of Mandeville.

12.4.1.   [Subdivision application and associated fees.]

Subdivision application and associated fees shall be paid in accordance with the schedule set forth in Division 19 of Appendix C of the City of Mandeville Code of Ordinances.

The owner/developer will be responsible for the cost of, if required by the Planning Commission or City Council, legal/engineer fees when and if it becomes necessary for the City Attorney/Engineer/Public Works Director to participate in this subdivision/resubdivision.

(Ord. No. 22-30, 12-15-22)

12.4.2.   Reserved.

12.4.3.   Reserved.

12.4.4.   Fees For Approval of Public Improvements Only.

Applicants for approval of public improvements, when not in conjunction with a subdivision approval request, shall be required to pay the actual cost of all public improvements including the actual construction costs as well as all costs incurred in the review and approval of all plans and specifications, inspections of all construction and dedication by ordinance to the City or as specifically required by ordinance of the City.

12.5.1.   Information Required on the Conceptual Sketch Plat.

The conceptual sketch plat is intended to present the elements of a proposed development without undue expense to the applicant in a manner that can be evaluated by the Planning Commission, the Planning Director or Designee and the City Engineer or Public Works Director for content, composition of land use elements and conformity with the Comprehensive Land Use Regulations and Comprehensive Land Use Plan of the City. The conceptual sketch plat, entitled as such, shall be drawn to scale, but the locations of the elements shown may be approximate, and may be drawn in professional free-hand style. The conceptual sketch plat shall contain the following information:

1.

Subdivision name (existing or proposed) and phase number. The proposed name of the subdivision shall be distinguishable, phonetically and in spelling, from the name of any existing subdivision located in the City except where such subdivision is a phase of a larger development. There shall not be any other designation other than "phase" for developments which are constructed in stages. The Planning Commission shall approve or disapprove the name of the subdivision and phase number.

2.

Location of site by section number, township, range and council district.

3.

A vicinity map drawn at a scale of 1" = 2,000'. A reproduction of the most recent USGS topographic map of the area at a scale of 1:24,000 with the subdivision site "drawn to scale" is recommended;

4.

North arrow, "bar" scale, and date plat as well as any revision dates for amendments which occur during the review process;

5.

The proposed number of lots, the mean square footage of lots and minimum square footage of any lot to be found on the plat, the total acreage in the subdivision, and the approximate area of all tracts or parcels of land proposed to be set aside for street rights-of-way, parks, playgrounds, other facilities (central sewer plants, water towers, schools, etc.) and/or other public or private reservations, all of which shall be labeled according to intended purpose and conditions surrounding these dedications or reservations;

6.

Features of the Proposed Subdivision/Resubdivision. The Conceptual Sketch plat shall show the approximate location and dimensions and/or widths of the following:

a.

Proposed or existing utility easements and/or servitudes within and abutting the site;

b.

Proposed and existing lots, tracts, or parcels of land within the site;

c.

All the names and type of surfacing existing and proposed streets and alleys including those previously platted and dedicated but not built, the general location of pedestrian and/or bicycle paths, and railroad rights-of-way within and abutting the site (concrete surfaces must be specified for all streets in or abutting the site unless waived by the Planning Commission);

d.

Existing water bodies and drainageways (lakes, canals, bayous, streams, marshes, etc.) including their floodplains, within and abutting the site;

e.

The location of public water front access areas (if applicable) and the approximate location of any on-site drainage retention facilities, such as swales or ponds;

f.

The approximate location of any lots, tracts or parcels of land proposed to be dedicated for parks, playgrounds, other public facilities (central sewer plants, water towers, schools, etc.) and/or other private reservations within the site;

7.

The name of and type of surface material on all existing roads/streets, alleys, pedestrian, bicycle or other public paths within or abutting the site. Concrete will be specified for proposed streets unless waived by Planning Commission;

8.

The delineation of any boundaries of incorporated areas, existing zoning and zoning overlay districts, any areas of proposed rezoning classifications and any other legally established districts the depiction of which the Planning Director or Designee or Planning Commission may request;

9.

The type of drainage, water and sewer facilities to be used. Major subdivision/resubdivision applications shall be required to include a conceptual drainage study illustrating upstream and downstream drainage patterns and watershed areas as well as approximate volumes and rates of stormwater runoff existing and proposed for each watershed area (All drainage, water and sewer facilities must conform to specifications approved by City Engineer or Public Works Director);

10.

All existing structures and uses within and adjacent to the development;

11.

All proposed land uses within the development, as well as land uses of adjacent property;

12.

Statement as to the proposed dedication, if any, of streets, roads, easements, etc.; and

13.

Designation of areas in a special flood hazard zone according to the latest Federal Flood Insurance Rate Maps, areas below the five (5) foot contour, areas designated as wetlands by the U. S. Army Corp. of Engineers and areas subject to periodic inundation.

12.5.2.   Information Required on the Site Features Map.

The following information shall be required to be included on the Site Features Map, entitled as such and with the same subdivision name as the accompanying plat, to be drawn at a scale no smaller than 1" = 1,000' and submitted in conjunction with all Tentative Approval applications for Major or Minor Subdivisions or Resubdivisions:

1.

Contour lines at five-foot intervals approximated from USGS Quadrangle maps or a more accurate source acceptable to the Planning Commission such as a City or Drainage District Comprehensive Drainage Study when available, of the area to be subdivided;

2.

Identification and highlighting of all areas below the five (5) foot Mean Sea Level contour, all areas determined by the Corp. of Engineers to be wetlands subject to permitting under Section 404 of the Clean Water Act or any other permitting procedures, and all areas subject to periodic inundation;

3.

Direction of flow of surface water in existing and proposed drainageways and canals;

4.

The water elevations of adjoining lakes or streams at the date of the survey and the approximate high-and-low water elevations of such water bodies. All elevations shall be referenced to the USGS Datum Plane;

5.

Written and/or graphically shown description of route of surface water runoff to ultimate disposal point;

6.

Approximate location, size and type of drainage structures and drainage easements, including the identification of any dedication to be made to the City;

7.

The location of any known or suspected historic, cultural, archaeological or architectural sites of local, state, or national importance;

8.

The "general" location of each live oak six (6") inches dbh or greater, existing densely wooded areas plus any isolated hardwood trees outside of densely wooded areas which measures ten (10") inches dbh and/or pines measuring thirty inches (30") dbh or greater.

9.

The location of temporary stakes or other markers which will enable official inspectors to find and appraise features of the Conceptual Sketch Plat in the field;

10.

Any proposed rerouting of existing canals or natural drainageways or draining and/or filling of any water bodies or wetlands and date of filing and disposition and identification number of any wetland fill permit application submitted to the coastal area management agency or Corp. of Engineers; and

11.

Required floor elevations of structures under FEMA regulations.

12.5.3.   Information Required on the Preliminary Plat.

The preliminary plat, titled as such, shall be prepared by a professional land surveyor, and shall be certified as required by state law, at a scale of 1" = 100' or larger. The preliminary plat shall be prepared in pen or by computer and the sheets shall be numbered in sequence if more than one sheet is used. The sheets shall be of a size acceptable for recording by the parish clerk of court, but shall not exceed thirty-four by forty-eight (34" x 48") inches in size. The applicant should note that the plat prepared for the preliminary plat may also be used for the final subdivision plat and therefore should be drawn to be reproducible. The following items shall be included on the preliminary plat:

1.

Subdivision name and all other information required to be included on the Conceptual Sketch Plat as listed under Specifications for Conceptual Sketch Plat;

2.

The exact number of lots, notation of the minimum and maximum square footage lot to be found in the plan, the total acreage in the subdivision, and the location and area of all lots, tracts or parcels of land proposed to be set aside for parks, playgrounds, and other public facilities (central sewer plants, water towers, schools, etc.) and/or other private reservations, all of which shall be labeled according to intended purpose and conditions, if any, surrounding these dedications or reservations;

3.

Outer boundaries of the subdivision including bearings and dimensions, expressed in feet and decimals of a foot and the bearing and distances to a government section or quarter section corner;

4.

Specific features of the proposed subdivision/resubdivision. The preliminary plat shall show the exact location and dimensions (expressed in feet and decimals of a foot) of the following:

a.

All existing lots, tracts, or parcels of land within the site and their designated identification;

b.

The exact location and rights-of-way, including any required sight flares, of all existing and proposed streets and alleys and the exact location of pedestrian and/or bicycle paths, and railroad rights-of-way within and abutting the site;

c.

Existing and proposed water bodies and drainageways (lakes, canals, bayous, streams, marshes, etc.) within and abutting the site, and notation of the capacity of all proposed surface or sub-surface drainage facilities, including retention ponds;

d.

All existing and/or proposed water front access areas (if applicable) and any lots, tracts or parcels of land to be used for special purposes, such as parks, playgrounds, other public facilities (central sewer plants, water towers, schools, etc.) and/or other public or private reservations within the site;

e.

The location of all existing and/or proposed fire hydrants, water supply improvements and boundaries of fire districts in the area.

5.

The name of and type of surface material (existing and proposed) on all existing and proposed streets, alleys, pedestrian, bicycle or other public paths within or abutting the site;

6.

Statement of dedication for any streets, easements, lots, or other property;

7.

Designation of all blocks, which shall be consecutively numbered or lettered in alphabetical order, with blocks in numbered phases of a large subdivision bearing the same name to be numbered or lettered consecutively throughout the several phases.

8.

Designation of all lots, which shall be consecutively numbered within each designated block, and designation of all out lots in alphabetical order, irregardless of whether blocks are in numbered or alphabetical order;

9.

Typical cross section of streets and drainageways to be constructed in the subdivision;

10.

Designation of the municipal address of each lot;

11.

Note stating that building setback requirements shall be in accordance with the requirements of the land use regulations of the City or applicable private provisions, whichever is more restrictive; and

12.

Required finished floor elevations based on the latest Federal Flood Insurance Rate Maps.

12.5.4.   Information Required on Subdivision and Public Improvements Construction Plans and Specifications.

12.5.4.1.Information on All Construction Plans.

Construction plans shall be prepared and submitted to the City for approval for all required improvements in conjunction with major subdivision/resubdivision development and for the construction of all public improvements prior to commencement of any site clearing or construction. All plan sheets shall be of the same size as the preliminary plat, when in conjunction with subdivision, and shall be no greater in size than 34" by 48", and numbered in sequence, if more than one sheet. All construction plans shall include the following:

1.

Title of Project or Subdivision - name, address, signature and seal of the professional engineer, landscape architect, and/or surveyor submitting the plans; and the date plans were drawn as well as any revision dates;

2.

Existing and proposed utilities on and abutting the subdivision including location, site, grade and invert elevation of sanitary sewers and storm drains; location and size of water mains, including location of fire hydrants and valves; location of gas lines, location of underground electrical conduits; location of telephone lines; location of cable television lines; and any other utility lines;

3.

Space for signature of owner and date of signature; and

4.

Space for signatures of City Engineer or Public Works Director and Planning Commission Chairman (when in conjunction with subdivision proposals) and date of signatures.

12.5.4.2.Scope of Construction Plans.

In general the following shall be required to be submitted, as appropriate to the specific elements of the preliminary plat, during the preliminary approval procedure (in conjunction with Major subdivision/resubdivision approvals); and when appropriate to specific public improvements proposed to be constructed for development purposes other than subdivision or resubdivision developments. The following plans, specifications and references shall be required to be submitted in accordance with the provisions of Article 13 and all other provisions of these land use regulations, all other applicable City, state or federal regulations and acceptable standards of practice in harmony with the policies of the City as stated in the Comprehensive Land Use Plan and as required by the City Engineer or Public Works Director:

1.

Drainage and Grading Plans and Specifications and Storm Drainage Report;

2.

Street Alignment Plans, Profiles and Specifications;

3.

Street Construction Plans and Specifications;

4.

Sanitary Sewer Plans and Specifications;

5.

Water Facilities Plans and Specifications.

12.5.4.3.Street Alignment Plans and Profiles Content.

In general Street Alignment Plans, Profiles and Specifications shall include profiles showing existing and proposed elevations along the center lines of all roads/streets in the development. Where a proposed road/street intersects an existing road or street, the elevations along the centerline of the existing road or street within one hundred feet (100) of the intersection shall be shown. Radii of all curves, lengths of tangents and central angles on all streets/roads will also be shown.

1.

All street profile drawings shall be drawn at a scale of: 1 inch = 20 feet Horizontal 1 inch = 2 feet Vertical

2.

All plans shall be at a scale of: 1 inch = 100 feet or 1 inch = 50 feet

3.

Any deviation shall be subject to the prior approval of the City Engineer or Public Works Director.

12.5.4.4.Other Construction Plans Content.

In general construction plans and details for streets, drainage, sanitary sewer, water facilities and other utilities shall include the following:

1.

Street rights-of-way plans and profiles showing the proposed locations and typical cross sections of:

a.

Street pavements including curbs and gutters, sidewalks and bike paths;

b.

Street lighting standards and street signs;

c.

The location of proposed street trees or existing street trees proposed to be preserved, including existing live oak trees six (6) inches in diameter or greater measured four (4) feet above the ground (dbh) and other trees twenty-four (24) inches or greater in diameter or greater measured four (4) feet above the ground (dbh).

2.

Plan and profile sheets showing all existing and proposed drainage and other utility easements and/or rights-of-way; manholes and catch basins; the locations, size and invert elevation of existing and proposed sanitary sewers, stormwater drains and fire hydrants, showing connections to any existing or proposed utility systems; and the exact location and size of all water, gas or other underground utilities or structures; surface water elevations of adjoining lakes or streams and, if adjacent to a lake, river bayou or stream, the distances and bearings of the required meander line and five-foot contour line.

3.

Elevations shall be tied to a Bench Mark (USGS Bench Mark) and shall be shown on profiles.

4.

One soil boring five (5) feet in depth for every 300 linear feet of street with a minimum of two (2) borings for each project when the project is less than 500 feet in length. The boring log and soil classification shall be shown on the plans together with appropriate Atterburg limits, and referenced to the location where they were made. Classification shall be in accordance with the A.A.S.H.T.O. Soils Classification System.

12.5.5.   Information Required on Final Subdivision Plat for Major Subdivisions/Resubdivisions.

The final subdivision plat, entitled as such, shall be submitted in ink or by computer plotter at the same scale as, and shall contain the same information as the approved preliminary plat. All revision dates must be shown and noted for content. In addition to all of the information shown on the approved Preliminary Plat the following shall also be shown on the final subdivision plat:

1.

Notation of any self-imposed restrictions and locations of any building lines to be established by such restrictions, if required or approved by the planning commission in accordance with these regulations.

2.

Notation of all monuments, erected or found with a designation as such, as provided in Article 13 of these regulations.

3.

Engineer's, landscape architect's and surveyor's certification and seal:

a.

When the final subdivision plat shows engineering design data, the final plat shall bear the seal of the registered professional engineer, duly licensed to practice engineering in the state, who prepared the design data or under whose direct supervision the engineering design data was developed along with the registered professional engineer's signature and the date of execution.

b.

The final subdivision plat shall also include the seal and certification of a professional land surveyor. This certification shall be a statement by a professional land surveyor duly licensed to practice land surveying in the state, which states that the plan is based upon an actual survey made by said individual and that the distances, courses, all angles and all other required survey information are shown correctly, that monuments have been set and the lot and block corners are staked correctly on the ground and that the professional land surveyor has fully complied with the provisions of Louisiana revised statutes 33:5051 et seq. and all City regulations governing platting.

c.

When the final subdivision plat includes a landscape plan, it shall bear the seal and certification of a landscape architect who is licensed by the state to practice the profession of landscape architecture.

4.

Certification, acknowledgments, and descriptions - The following certificates, acknowledgements and descriptions shall appear on the title sheet of the final plat. Such certificates may be combined when appropriate. Representative certificates, acknowledgements, approvals and descriptions that shall be used on the final plat shall be available in the office of the Department of Planning and Development and in accordance with those approved by the Planning Commission in the current adopted Rules of Procedure.

a.

Certificate by Parties Holding Title. A notarized certificate shall be signed and acknowledged by all parties having a title interest in the land subdivided, consenting to the preparation and recording of said plat, providing, however, that the signature of parties owning the following types of interest may be omitted if their names and nature of their interest are set forth on the plat:

(1)

Rights-of-way, easements or other interest that cannot ripen into a fee.

(2)

Rights-of-way, easements or revisions that appear to be no longer of potential use or value, due to changed conditions, long disuse of laches.

(3)

Any subdivision including land originally patented by the United States or Louisiana under patent, reserving interest to either or both of these entities, may be recorded under the provisions of this regulation without the consent of the United States or Louisiana thereto, or to dedication made thereon.

b.

Dedication Certificates. A notarized certificate shall be signed and acknowledged offering for dedication all servitude interests and parcels of land shown on the final plat and intended for public dedication, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision or development, their licensees, visitors, tenants and servants. This certification shall also show that there are no unpaid taxes or special assessments against the land contained in the plat.

c.

Certificate and Guarantee of Clear Title. The final plat shall be accompanied by a statement prepared by a duly authorized title insurance company stating that when duly signed, the plat will contain the signatures of all persons whose consent is necessary to the preparation and recording of said plat and to the dedication of the streets and other public places that are clearly shown on the plat.

d.

Certification of Planning Commission. Certification of the City Engineer or Public Works Director that required improvements have been satisfactorily installed or from the City Attorney that adequate financing guarantees have been provided.

e.

Legal Description of Property. The legal description shall be an accurate reflection of the boundary survey. Each reference in such description to any tract, development, or subdivision shall show a complete reference to records of the Parish of St. Tammany. The description shall also include reference to any vacated area with the book and page number of the instrument of vacation.

f.

Other affidavits, etc. The title shall contain such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as are required by law and by these regulations.

g.

Places for signatures of approval and date of signing by each of the following:

(1)

City Engineer or Public Works Director;

(2)

Planning Director or Designee;

(3)

Chairman of the Planning Commission; and

(4)

Mayor of the City of Mandeville.

h.

Place for signature of acceptance for recordation by the Clerk of Court, for Map File number and for date of recordation.

5.

All existing uses that are non-conforming uses according to the zoning district in which the development is located.

6.

Protective covenants or deed restrictions, if any, shall be recorded and referenced by instrument number in their entirety on the subdivision plat.

12.5.6.   Additional Information Required for Resubdivision Plats.

In addition to all of the items required to be included on Conceptual Sketch Plats, Preliminary Plats and Final Subdivision Plats for subdivisions and resubdivisions as listed above, plats for resubdivision shall also include the following information:

1.

A plat title which states the existing name of the subdivision or tract and lot designation and the proposed new lot designations and subdivision name;

2.

All dimensions and bearings of proposed lots and monuments at all proposed lot corners noted as placed or found;

3.

Written legal description, using metes and bounds, of each proposed lot;

4.

Existing lot lines and lot designations shown in dash lines;

5.

Proposed lot lines in solid lines and new lot designations for proposed lots which do not duplicate any previously created lot designation on the same block or in the same subdivision but which are in keeping with the other existing lot designations in the areas and, when possible, utilizing the existing lot designation in an altered form (i.e., lots 1 and 2 may be redesignated as lots 1-A and 2-A);

6.

All adjoining street names and right-of-way widths;

7.

Note as to type and size of existing sanitary sewer and water lines available to serve the proposed lots shall be shown and noted;

8.

All existing structures, servitudes, drainageways, ditches, canals, bayous and their floodplains, servitudes or easements and any areas of periodic inundation as well as any additional areas of wetland determined by the Corps of Engineers, or state or local coastal management authority shall be so designated on the plat by the surveyor;

9.

Any servitudes, rights-of-way or parcels of land proposed to be dedicated to the City and a statement of dedication with a place for the owner's signature and date as well as any other legal requirements of the City Attorney.

12.5.7.   Basis for Rejection of Documents Submitted.

The Planning Commission or the Commission's designated agent may reject any construction plans or plats that do not meet the following standards:

1.

All prints or copies shall be clearly legible;

2.

Sheet size of subdivision plat or construction plans does not exceed 38" x 48" and, if more than two sheets are required, an index sheet of the same dimensions shall be provided showing the entire subdivision on one sheet; and

3.

The plans and plats shall be drawn at the following scale:

a.

All Subdivision/Resubdivision Plats - 1" = 100' or less;

b.

All Construction Plans - 1" = 100' or less;

c.

All Site Features Maps - 1" = 1,000' or less;

d.

All Master Development Plans - 1" = 200' or less.

13.1.1.   [Minimum Requirements.]

The development standards provided herein shall be considered to be the minimum requirements for the installation of improvements in association with the subdivision or resubdivision of land and the installation of all public improvements in the City of Mandeville. In addition all improvements 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 Comprehensive Land Use Regulations and all other applicable laws and codes of the City of Mandeville;

3.

Any rules of the Health Department and/or appropriate state agencies, with such rules providing minimum standards to be met by all subdivision plats;

4.

The requirements of the Louisiana Department of Transportation and Development when so noted and if the subdivision or any lot contained therein abuts a state highway or connecting street;

5.

All applicable standards and regulations adopted by the City; and

6.

The current adopted Rules of Procedure of the Planning Commission available in the office of the Planning Director.

13.1.2.   Monuments.

13.1.2.1.Vertical Control Monuments of Record.

1.

Permanent Vertical Control Monuments. The subdivider or developer shall establish or confirm the prior establishment of a minimum of:

a.

One permanent vertical control monument in each subdivision of twenty lots or less, and

b.

One additional permanent control monument in each subdivision of over ten lots for every additional twenty (20) lots or fraction thereof.

c.

Such permanent monuments shall be located along street rights-of-way for easy access and shall be concrete, not less than thirty-six (36) inches in length, by four (4) inches square or five (5) inches in diameter and marked on top with a brass plug securely imbedded in the concrete. The record elevation of the monument shall be at the top of the brass plug. The exact location and the elevation of each monument shall be clearly shown on the final plat of the subdivision. The elevation shall be in accordance with the national geodetic vertical datum (USCGS).

2.

Placement of Monuments. The applicant shall place permanent reference monuments in the subdivision as required herein, as required by state law and as approved by a professional land surveyor.

a.

The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete not less than thirty-six (36) inches in length, by four (4) inches square or five (5) inches in diameter, and marked on top with a brass plug. The external boundaries shall be:

(1)

Not more than 1,400 feet apart in any straight line;

(2)

At all corners.

b.

Internal monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. Internal monuments shall be at least thirty-six (36) inches long and marked by iron rods ½" in diameter or pipes 2" in diameter. These monuments shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street right-of-way. Additional placement guidelines are as follows:

(1)

At each end of all curves;

(2)

At the point where a curve changes its radius;

(3)

At all angle points in any line; and

(4)

At all angle points along the meander line of a navigable river, bayou or stream. These points shall be located twenty-five (25) feet from the mean high water line as determined by the developer's engineer for each subdivision. If such points fall within a street, or proposed future street right-of-way, the monuments shall be located on the right-of-way line closest to the actual point.

c.

All internal boundaries and those corners and points not referred to in the preceding paragraph shall be monumented in the field by like monuments as described above. These monuments shall be placed at:

(1)

All block corners;

(2)

Each end of all curves;

(3)

At the point where a stream changes its radius; and

(4)

At all angle points in any line.

d.

In such cases where the placement of a required monument at its proper location is impractical it shall be permissible to set a reference monument close to that point. The location of internal monuments shall be noted on the final subdivision plat.

e.

The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least thirty-six (36) inches long and seven-eighths (⅞) inch in diameter or by round or square iron bars at least thirty-six (36) inches long. These monuments shall be placed at the point of intersection of the river or stream lot line, with a meander line established twenty-five (25) feet landward of the mean high water line of the river, bayou or stream, as determined by the developer's engineer for each subdivision.

f.

All such monuments shall be set flush with the ground.

g.

All monuments shall be properly set in the ground and certified as to accuracy by a professional land surveyor prior to the time the Planning Commission makes a recommendation for final subdivision approval.

13.1.3.   Alteration of the Topographic Character of the Land.

Subdivisions shall be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to reduce hazardous conditions, to minimize destruction of trees and topsoil and to preserve such natural features as watercourses, large trees, sites of historical significance, existing or needed recreational areas and other assets which, if preserved, will add attractiveness and value to the subdivision and the City.

13.1.4.   Improvements in Excess of the Requirements of these Regulations.

1.

To the fullest extent permitted by law, the Planning Commission may require, as a condition of preliminary or final subdivision approval, that the applicant provide improvements in excess of what is proposed by the applicant or in excess of what would otherwise be required under the provisions of these regulations. These improvements shall be upon the recommendation of the City Engineer or Public Works Director and would be deemed necessary to ameliorate detrimental impacts to the community attributable to the development of the proposed subdivision.

2.

The City Engineer or Public Works Director may also recommend to the Planning Commission that any improvements which under the provisions of these regulations are to be dedicated to public ownership or public use exceed what is being proposed by the applicant or exceed the otherwise applicable provisions of these regulations in order to secure a benefit to the community or address a community need that is not attributable to the development of the proposed subdivision. Should the applicant not agree to comply with this recommendation, the recommendation shall be referred to the City Council which shall determine whether to accept the recommendation. The City Council may, in its acceptance, modify the recommendation. The Planning Commission shall not grant any further approval to the proposed subdivision until the City Council shall have decided whether to accept the recommendation. The Clerk of the City Council shall notify the secretary of the Planning Commission of any action taken by the City Council or the recommendation. In the absence of receipt of such notice within one hundred twenty (120) days of the recommendation being referred to the City Council, it shall be deemed that the City Council has decided not to accept the recommendation. The Planning Commission shall extend this period for an additional period of time not to exceed sixty days upon the written request of the Mayor or of the presiding officer of the City Council.

3.

Should the City Council not accept the recommendation, the Planning Commission shall not require as a condition of subdivision approval that those improvements exceed the greater of what is proposed by the applicant or applicable provisions of these regulations, except as provided in Paragraph 1 of this section.

4.

Should the City Council accept the recommendation, those improvements shall be deleted from the subdivision proposal and be constructed by the City in accordance with law. The City Engineer or Public Works Director shall provide to the City Council an opinion of probable construction cost for constructing the improvements in accordance with the decision of the City Council and for the cost that the applicant would probably have incurred in constructing those improvements in accordance with the otherwise applicable provisions of these regulations. The City Council shall determine from this information, and from any other information provided to it on this cause, what reasonably would have been the applicant's cost to construct the improvements. The Clerk of the City Council shall report this determination to the applicant and to the secretary of the Planning Commission. At its next regular business meeting following the receipt of notice of the City Council's decision to accept the recommendation, the Planning Commission shall direct the applicant to delete all of the improvements to be constructed by the City from the subdivision application.

5.

The Planning Commission shall not grant final approval to the proposed subdivision until the City shall have completed construction of the improvement or improvements encompassed by the recommendation accepted by the City Council, unless the City Council should, by resolution of not less than a majority of its members, authorize the Planning Commission to grant an earlier approval to the subdivision.

6.

The City shall be under no obligation to proceed with construction of any of the improvements until the applicant shall have paid to the City the sums previously determined by the City Council to be the cost that would otherwise have been incurred by the applicant to construct the improvements or improvements in question and the applicant has effected the dedication to the City of all rights as are necessary in the opinion of the City Council to complete the construction of the improvements. All such sums received by the City shall be used only for the construction of the improvements in question. Should the City fail to let a contract for the construction of those improvements within twelve months of receipt of such sums and all necessary dedications, the City shall refund such sums to the applicant, or to his heirs, successors or assigns. The Planning Commission shall thereafter review the subdivision application as though the City Council had decided not to accept the recommendation referred to it. The City Council shall revoke and abandon any portion of the dedications previously acquired by the City that the Council determined from information submitted to it is not reasonably necessary to construct and maintain the improvements to be constructed by the applicant.

13.1.5.   Off-site Extensions of Utilities.

When utilities are not available at the boundary of a proposed subdivision the Planning Commission, or its duly authorized representative, shall require as a prerequisite to approval of a preliminary and final plat assurances that such improvement extensions shall be provided as follows:

1.

Extensions of utilities onto the property involved shall be adequate to serve the total development requirements of the service or drainage area. Utilities leaving the property shall be constructed in such a manner as to make their extension practical for servicing the adjacent areas of the service or drainage area.

2.

If the Planning Commission, or its duly authorized representative, finds that the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a governmental expense until some future time, the developer shall be required, if he wishes to proceed with the development, to obtain necessary easements or rights-of-way for dedication to the City and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land and the subdivider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site improvements constructed.

13.1.6.   Minimum Servitudes Required and Minimum Size Allowed.

The minimum servitude no matter what its purpose shall be fifteen (15) feet in width and, when placed at an interior property line, the width when practical shall be equally divided between the two adjacent lots, on each side of the interior property line. Actual size of drainage servitudes shall be predicated on the width of the drainage structure and approved by the City Engineer or Public Works Director.

13.1.7.   Size of Drainage Servitude Determines Dedication or Easement Status.

1.

Where the right-of-way needed to accommodate the drainage improvements required by these regulations exceeds twenty-five (25) feet in width, such right-of-way shall be dedicated to the City in fee simple.

2.

Where the right-of-way of any drainage improvement required by these regulations is less then twenty-five (25) feet in width, such right-of-way may be designated as a dedicated easement.

13.1.8.   Public Use Sites and Open Space.

Where the Comprehensive Land Use Plan proposes community or public facilities or open spaces that are located in whole or in part within any proposed subdivision up for approval, the Planning Commission shall require the reservation of an area within the subdivision sufficient to accommodate such facilities in accordance with the adopted policy for maintenance of a minimum five (5) percent open space. Each new subdivision shall be required to include a minimum of six (6) percent of the total land area of the subdivision site as an open space contribution as defined in Article 3. The Planning Commission may allow the developer to provide one (1) acre of created wetlands habitat in lieu of one and one-quarter (1.25) acres of otherwise required open space.

13.1.9.   Control of Erosion and Sedimentation.

Where a developer/subdivider intends to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees, or other vegetative covering thereon, the same shall only be accomplished after the Planning Commission shall have approved a plan for erosion and sedimentation control submitted by the owner or his agent, unless there has been a prior determination by the Planning Commission that such a plan is not necessary. Such determination shall be made in conjunction with tentative approval of the conceptual sketch plat and the site features map. Submittal of any plans for erosion and sedimentation control shall accompany and be considered a part of the drainage report submitted in conjunction with the Preliminary Subdivision Application.

1.

Requirements for Submission.

a.

Three (3) sets of plans for control of erosion and sedimentation shall be submitted to the Planning Commission.

b.

The estimated cost of accomplishing such erosion and sedimentation measures shall be stated in the construction agreement and shall be covered in any required performance bond and the maintenance bond.

2.

Guidelines for Erosion and Sedimentation Control.

a.

Lots shall be developed to maximize the amount of natural drainage which is percolated into the soil and to minimize direct runoff into adjoining streets and watercourses.

b.

Sediment basins (debris basins, desilting basins, or silt traps) should be installed to remove sediment from runoff waters from land undergoing development.

c.

The development plan should be fitted to the topography and soils so as to create the least erosion potential.

d.

Wherever feasible, and in areas where required by the provisions of this ordinance, natural vegetation should be retained and protected.

e.

Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.

f.

Where necessary, temporary vegetation and/or mulching should be used to protect areas exposed during development.

g.

The permanent final vegetation and structures should be installed as soon as practical.

h.

When land is exposed during development, only the smallest practical area should be exposed at one time and the exposure time should be kept to the shortest practical period of time.

i.

At the building permit application stage, a review will be conducted by the Inspection Department to insure conformance with the plan as approved.

13.2.1.   Lot Layout and Improvements.

13.2.1.1.Lot Arrangement.

The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits or Corps of Engineers or coastal management authority permits to build on all lots in compliance with these regulations and parish health regulations, and in providing driveway access to buildings on such lots from an approved street. The design and layout of lots shall be such that:

1.

No remnants of property shall be left which do not conform to lot requirements, which are not required for a private or public utility purpose, or which are not accepted by the City and/or any other appropriate public body for an appropriate use.

2.

When land is subdivided into very large parcels they shall be of such shape and dimensions as to render possible the re-subdivision of any such parcels at some later date into lots and streets which meet the requirements of these regulations.

3.

Lots shall be laid out so that drainageways are near the edge of lots and not near the center of a lot. Lots shall be laid out so that drainageways are located appropriately with regard to natural or man-made drainageways, including those existing and planned for the proposed development. Property lines, where feasible, shall be laid out so that the lines follow the center line of any drainageway, except when such drainageway is greater than twenty-five (25) feet in width and required to be dedicated to the City.

4.

Except where permitted by the Planning Commission and City Council in Planned Districts with site plan approval by ordinance, or as provided by these regulations, no lot shall be laid out so that it does not have access to and frontage on a dedicated public street according to the requirements of these regulations.

5.

No lot may be created that is so narrow or irregularly shaped that it would be impracticable to conform to district setback regulations or to construct a building that could be used for purposes that are permissible in that zoning district.

13.2.1.2.Lot Area, Dimensions and Width-to-Length Ratio.

1.

The lot area square footage requirements of these regulations shall not include any dedicated rights-of-way, drainage easements or areas of periodic inundation.

2.

Lot dimensions shall comply with the minimum standards of this Ordinance. In general, side lot lines shall be at a right angle to street lines (or radial to curving street lines) unless a variation from this rule will give a better street-to-lot plan in the judgment of the Planning Commission. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in these regulations.

3.

Lot width-to-depth ratio shall not exceed three and one-half to one (1:3.5) on lots with two hundred (200) foot frontage on a street, nor more than three to one (1:3) on lots with less than two hundred (200) feet of frontage on a street.

13.2.1.3.Double Frontage Lots and Access to Lots.

1.

Residential lots shall not be laid out so that they have frontage onto more than one street except:

a.

Where the lot is adjacent to the intersection of two streets; or

b.

Where necessary to provide separation of residential development from traffic arterials, railroad rights-of-way, or to overcome specific disadvantage to topography and orientation.

2.

Where double frontage lots cannot be avoided, as provided for above, the following requirements shall be met:

a.

Front yard requirements shall be adjacent to the local or lesser traveled street;

b.

An additional ten (10) foot strip of land, meeting the requirements of a vegetative buffer as described in Article 9 of these regulations, shall be added to the rear of the lot and dedicated to the City as a servitude or right-of-way for installation of protective screen planting by the developer. Such vegetative buffer strip shall not be fenced into the lots but shall remain open to view from the adjacent street to buffer the rear yard of the lot to the street; and

c.

Lots shall have access to the lesser traveled street only.

13.2.1.4.Soil Preservation, Grading, and Seeding of Lots.

1.

Preservation and Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot pre-covered with soil with an average depth of at least six (6) inches which shall contain no particles over two (2) inches in diameter over the entire area of the lot except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall be redistributed so as to provide at least six (6) inches of cover on the lots and at least four (4) inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.

2.

Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water to flow from any lot to any adjacent lots.

3.

Lawn-grass Seed and Sod. Lawn-grass seed shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of open land area. The width of the right-of-way excluding roadway shall be seeded. Sod may be used to comply with any requirements of seeding set forth herein, if approved in advance by the City Engineer or Public Works Director.

13.2.1.5.Special Requirements.

1.

Debris and Waste. No cut trees, timber, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street adjacent to a lot for which there is sought the issuance of a certificate of occupancy in the subdivision; nor shall any be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner.

2.

Fencing Under Hazardous Conditions. Each subdivider and/or developer shall be required to furnish and install fences wherever the Planning Commission determines that a hazardous condition may exit. The fences shall be constructed according to the Mandeville Building Code. No certificate of occupancy shall be issued until said fence improvements have been duly installed or a performance bond covering such fencing has been submitted and accepted by the City Council in an amount recommended by the City Engineer or Public Works Director.

13.2.1.6.Lots Abutting Waterbodies and Watercourses.

If a tract being subdivided contains a waterbody or portion thereof, instead of the required dedication of the waterbody to the City the Planning Commission may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the waterbody is so placed that it will not become a responsibility of the City by requiring lot lines to be drawn so as to distribute the entire ownership of the waterbody among the fees of the adjacent lots. Under no circumstances, other than is provided for boathouse developments, shall any of the minimum area of a lot as required under these regulations be satisfied by land which is under water or in areas subject to periodic inundation. Where a waterbody separates the buildable area of a lot from the street by which it has access, provisions for adequate access shall be designed and constructed by the developer in conjunction with the subdivision improvements and shall be of a design approved by the City Engineer or Public Works Director.

13.2.1.7.Performance Bond to Include Lot Improvements.

The performance bond shall include an amount sufficient to guarantee completion of all requirements contained in these regulations under this section 13.2 including but not limited to, soil preservation, final grading, removal of debris and waste, fencing, and all other lot improvements required by the Planning Commission. Whether or not a certificate of occupancy has been issued, at the expiration of the performance bond the City Council may enforce the provisions of the bond where the provisions of this section or any other applicable law, ordinance, or regulation have not been complied with.

13.2.2.   Block Layout.

1.

General standards. The lengths, widths, and shapes of blocks shall be designed with regard to the following considerations:

a.

The convenient access, efficient circulation, and the control and safety of vehicular, pedestrian, and bicycle traffic.

b.

The limitations of the topography of the land for the construction of drainage facilities and provision for open space.

c.

The zoning requirements relative to lot size and the dimensions of the required building envelope.

d.

Block layout shall provide adequate building sites suitable to the special needs of the type of use contemplated.

e.

To minimize the destruction of trees and to preserve such natural features as watercourses, sites of historical or archaeological significance, and other assets which, if preserved, will add to the attractiveness and value of the subdivision and the City.

f.

To afford good visual and physical access to and safety within existing or proposed recreational areas and parks.

2.

Blocks designed for commercial and industrial uses shall be of such length and width as may be determined suitable by the Planning Commission 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 City Engineer or Public Works Director and the standards of this Article.

3.

Pedestrianways or Bike Paths. Pedestrianways or bike paths may be required in the design of blocks in certain areas. For reasons of safety and access the Planning Commission may require pedestrianways or bike paths in certain areas where it is necessary to provide circulation or access to schools, playgrounds, shopping areas, community facilities or community-wide pedestrian or bike routes.

4.

Areas Where Normal Block Design is Not Possible or Undesirable. When a normal block arrangement is impossible or undesirable, one or more "places" may be established. Such a "place" may be in the form of a cul-de-sac street, a U-shaped street or short loop street meeting the requirements of these regulations. Proper access shall be given to all lots as provided in this Article.

5.

Whenever the necessity of the construction of sidewalks has been waived by the Planning Commission, sidewalks on or adjacent to the property for which the waiver was granted shall thereafter be required to be constructed by the Owner of the property only in any of the following instances:

a.

Where there is a change in use, as this term is defined in section 6.1.6 of this Comprehensive Land Use Regulations Ordinance, from the use of the property for which the waiver was granted; or

b.

Where a proposed expansion of diminution of the existing use would result in a change of twenty-five (25) percent or more from the floor area of the existing or proposed use for which the waiver was granted; or

c.

For residential uses, where a proposed expansion or diminution of the existing use would result in a change of fifty (50) percent or more from the number of existing or proposed residential units for which the waiver was granted.

6.

In any such instance the Planning Commission may, on the application of the owner of the affected property, again waive the necessity for the construction of sidewalks on or adjacent to the property in question, in accordance with the provisions of section 11.5.5 of this Comprehensive Land Use Regulations Ordinance.

13.2.3.   Stormwater Drainage Requirements.

13.2.3.1.General Requirements.

A subdivision plat shall not be considered for preliminary approval until the applicant shall have submitted to the Planning Commission a storm drainage report by a civil engineer registered in Louisiana, 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. Drainage runoff shall be calculated as required by these regulations. The storm drainage report shall include: (a) estimates of the quantity of stormwater entering the subdivision naturally from areas outside the subdivision; (b) quantities of flow at each pick-up point (inlet); and, (c) location, sizes and grades of required culverts, storm drainage sewers, retention ponds and other required appurtenances.

1.

The developer shall plan all drainage facilities of the proposed subdivision or site or tract development in accordance with the City drainage improvement program, the requirements of these regulations, Louisiana highway drainage construction requirements, and/or as required by the City Engineer or Public Works Director and other applicable state and federal agency requirements.

2.

All proposed subdivisions shall be reviewed by the Planning Commission and the City Engineer or Public Works Director in order to assure that:

a.

All such proposals are consistent with the need to minimize flood damage;

b.

All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage;

c.

Adequate drainage is provided so as to reduce exposure to flood hazards; and

d.

The development plat contains a clear delineation of floodway and floodplain areas and has the notation that "land use in a floodway or floodplain is substantially restricted."

3.

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.

a.

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. All drainage rights-of-way and culverts or other drainage facilities shall be large enough to accommodate potential runoff from a subdivision's entire upstream drainage area whether inside or outside the subdivision and shall be designed minimally to handle the storm drainage runoff from a twenty-five (25) year design storm. The developer's engineer shall determine the necessary size of the drainage facilities, assuming conditions of maximum potential watershed development permitted by these regulations. The proposed size of drainage facilities will be approved by the City Engineer or Public Works Director.

b.

Effect on Downstream Drainage Areas. The developer's engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Local drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. All improvements will meet the approval of the City Engineer or Public Works Director.

(1)

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.

(2)

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. 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.

4.

Areas of Poor Drainage. Whenever a plat is submitted for an area which is subject to flooding, the Planning Commission shall not approve such subdivision unless or until any required permits for the development of such areas have been issued by any wetlands agency with jurisdiction over the property. The Planning 476 Commission may only approve such subdivision when the plat of such subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width which shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed therein. The boundaries of the overflow zone shall be subject to approval by the City Engineer or Public Works Director. Development of areas of extremely poor drainage will be discouraged.

5.

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 which 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.

6.

The storm or flood water 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.

7.

No individual, partnership, or corporation shall deepen, widen, fill, reroute or change the location of any existing ditch, stream, drain or drainage canal without first obtaining written permission from the City Engineer or Public Works Director. 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. All such work shall be constructed under the review and subject to the approval of the City Engineer or Public Works Director or duly authorized representative of the City Engineer or Public Works Director. Adequate servitudes of rights-of-way must be dedicated for the construction and maintenance of any drainageways which may be relocated. No structures shall be erected or placed upon the drainage easements.

8.

For all drainage channels originating within the subdivision, either new or existing, which are to be substantially altered by the developer, the developer shall make surface or subsurface drainage improvements according to the requirements of the drainage improvement program and these regulations. The Planning Commission and the City Engineer or Public Works Director will decide when such drainage channels are substantially altered.

9.

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.

13.2.3.2.Street Drainage Systems.

All roadways shall be provided with an adequate subsurface storm drainage system. The road storm drainage system shall serve as the primary drainage system and shall be designed to carry roadway, adjacent land and building stormwater drainage. No stormwater shall be permitted to be run into the sanitary sewer system within the proposed subdivision. All roadways shall be provided with an adequate subsurface storm drainage system.

13.2.3.3.Off-Street Drainage Systems.

The design of the drainage system and required easements shall include the watershed affecting the subdivision and shall be extended to a waterbody, natural watercourse or roadside ditch adequate to receive the storm or flood water drainage. An existing natural watercourse shall remain in its natural state. Man-made elements of this system may be designed as either open or subsurface systems.

13.2.3.4.Dedication of Drainage Easements and Rights-of-Way.

1.

General Requirements. If a subdivision is traversed by a watercourse, drainageway, channel or stream, an easement or drainage right-of-way conforming substantially to the lines of such watercourse shall be provided. The easement or right-of-way shall be of sufficient width to accommodate the watercourse and provide for maintenance of the watercourse. Whenever possible, it is desirable that the drainageway be maintained as an open channel with landscaped banks that approximates naturally occurring or pre-development conditions and be of adequate width for maximum potential volume of flow and maintenance.

2.

Drainage Easements.

a.

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 fifteen (15) feet in width, depending on width of drainage facility, shall be dedicated to the City for drainageways that traverse property outside the road right-of-way lines with satisfactory access to the road. All easements shall be indicated on the plat and shall extend from the road right-of-way across the property to the easement of a natural waterbody or watercourse or to other drainage facilities as have been approved as the terminus of the easement.

b.

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.

c.

The necessary width of all drainage easements, whether supporting man-made or natural drainageways shall be determined by the applicant's engineer and approved by the City Engineer or Public Works Director. The drainage easements for natural drainageways will be identified minimally as areas less than five (5) feet in elevation (below the five foot contour), or areas that are subject to periodic inundation. When any of these drainage easements overlap, the largest area will be used to determine the minimum drainage easement.

d.

The drainage areas described above shall be included in areas for drainage easement or fee-simple dedication and shall be preserved and retained in their natural state. Such land shall not be computed in determining the number of lots to be utilized for average density procedure nor for computing the area requirement of any lot.

13.2.3.5.Nature of Stormwater Facilities.

1.

Responsibility for Runoff. The applicant will be responsible for the proper disposal of site runoff, whether by pipe, swale, stream or ditch. This includes any spring or surface water that may exist prior to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements or dedicated rights-of-way of appropriate width as determined by the City Engineer or Public Works Director according to the requirements of this Article.

2.

Accessibility to Public Storm Sewers.

a.

Where a public storm sewer is accessible, the developer/subdivider shall install storm sewer facilities if so required by the City Engineer or Public Works Director. If no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwater, in accordance with the plans developed by the developer's engineer and approved by the City Engineer or Public Works Director. In subdivisions containing lots less than or equal to twenty thousand (20,000) square feet in area and in business and industrial districts, underground storm sewer systems shall be required to be constructed throughout the subdivision and be connected to an approved outfall.

b.

If connection to a public storm sewer will be provided eventually, as determined by the City Engineer or Public Works Director and the Planning Commission, the developer shall make arrangements for future stormwater disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the performance bond required for the subdivision plat.

3.

Fencing, Landscaping and Maintenance Provisions for Drainage Channels. If a watercourse or ditch is left open the developer/subdivider shall adequately protect all such drainageways to the satisfaction of the Planning Commission, the City Engineer or Public Works Director and these regulations.

a.

Fencing. Where a watercourse or ditch is left open, it may be determined by the Planning Commission or City Engineer or Public Works Director that the developer will be required to protect the drainageway by the installation of fencing in accordance with the requirements of these regulations.

b.

Landscaping. The developer/subdivider shall be required to retain in its natural state or to grade and plant to adequately protect all surface drainageways from erosion to the satisfaction of the Planning Commission and the City Engineer or Public Works Director, according to the provisions of these regulations. Wherever practical, native hydric vegetation shall be maintained in place or removed and replanted after grading operations are complete. All newly constructed ditches and channels shall be seeded or sodded or replanted with native hydric vegetation depending on the slope and type of soil. The requirements for seeding or sodding improvements shall be in compliance with Louisiana highway construction standards, the requirements of this section and the requirements of these regulations.

c.

Maintenance. Any watercourse or ditch easement shall be wide enough to contain the required ditch slope with ample clearance for the operation of maintenance equipment according to the provisions of this Article.

13.2.4.   Street Improvement Requirements.

13.2.4.1.Conformance to Comprehensive Land Use Plan.

When a tract of land to be subdivided or re-subdivided includes any part of a proposed arterial or collector street as designated in the Mandeville Comprehensive Land Use Plan and its Master Streets Plan, including all subsequent amendments and additions thereto, these street rights-of-way shall be platted by the subdivider in the location so designated and at the width indicated in this Article. Provisions shall be made for the construction, extension or widening of any public street(s) or drive(s) where justified by the anticipated traffic volume and circulation needs determined by the Planning Director or Designee and the Planning Commission.

13.2.4.2.Street Extensions Required.

1.

Existing Streets. The arrangement of streets in new subdivisions shall provide for the proper continuation of existing streets into adjoining areas.

2.

To Adjacent Property. Arrangement of streets in new subdivisions shall make provisions for the proper projection of streets to adjoining areas that are not subdivided but may be appropriate for future development. Consideration should be given to the potential development of the adjacent property to permit a feasible extension of the street in conformity with a generalized plan for the most advantageous development of the entire neighborhood.

3.

Reserve Strips.

a.

Adjacent to Unincorporated Areas. The creation of a reserve strip at the terminus of platted streets that end at an adjacent vacant and/or unplatted parcel of land which lies beyond the current borders of the incorporated area of the City shall be required. The purpose for creating a reserve strip is to assure the continuity of logical circulation patterns while assuring the input of the City in the approval of the connections to existing City rights-of-way when the adjacent parcel is developed. These strips shall be dedicated as rights-of-way and shall be labeled "Option to open lies with the City Council". The pavement of the platted street shall extend up to but not into the reserve strip. A required barrier rail shall be installed by the developer in the reserve strip to prohibit access into the undeveloped parcel prior to subdivision of the adjacent parcel and to discourage any illegal dumping from occurring in the area.

b.

Adjacent to Vacant Land within the City. The creation of a reserve strip at the terminus of platted streets that end at an adjacent vacant and/or unplatted parcel of land which lies within the current borders of the incorporated area of the City shall be required in accordance with the same provisions that apply to streets which terminate beyond the current borders of the City as specified above.

c.

The requirement of the barricade in reserve strips shall not prohibit access by the owners to undeveloped parcels of land within the incorporated areas of the City, however, development of the vacant parcel dependent upon access to the parcel through the reserve strip shall not occur until the reserve strip has been opened by the City Council in association with the approval of a subdivision plat or development permit by the City.

13.2.4.3.Frontage On and Access to Improved Street Required.

1.

Required Subdivision Access. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street shown on the Master Streets Plan, or can be shown to have frontage on and access by way of a street shown upon a plat approved by the Planning Commission and recorded in the Clerk of Court's office or can be shown to be on an existing public roadway. Such streets must be suitably improved as required by the standards, criteria and specifications of this Ordinance. Wherever the area to be subdivided will utilize existing road frontage, such road shall be suitably improved as provided in these regulations.

2.

Required Lot Access. Every lot shall have access that is sufficient to afford reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property for its intended use. Driveways shall enter public streets at safe locations and shall be planned for convenient circulation suitable for traffic needs and safety. All driveways shall be constructed in accordance with the following requirements:

a.

Vehicles shall enter and exit the lot in question without posing any substantial danger to themselves, pedestrians or vehicles traveling in abutting streets.

b.

Interference with the free and convenient flow of traffic in abutting or surrounding streets shall be minimized.

3.

Limited Access to Arterial Streets. Where a subdivision borders on or contains an existing or proposed arterial street, the Planning Commission shall require that access to such street(s) be limited by one of the following means:

a.

The subdivision of lots shall be platted to orient the back of the lots on the arterial street and the front of the lots on a parallel local street. Buffering shall be provided as described in this Article along rear property line of lots that are adjacent to arterial streets.

b.

A series of culs-de-sac, U-shaped streets, or short loops projecting at right angles from a street that parallels the arterial street, with the rear lines of the lots backing onto the arterial street. Provisions for buffering described in this Article shall be made for such lots.

c.

A marginal access or service road, separated from the primary arterial by a perimeter landscaped strip with access to the arterial at appropriate location.

d.

Buffer for Residential Subdivisions or Multi-family Developments Abutting Arterial Streets. All residential subdivisions and multi-family developments created after November 1, 2003 that abut a major arterial street shall provide a buffer zone of not less than 25 feet in width.

4.

Criteria for Access to Arterial Streets. The following criteria shall be used in the design of subdivisions adjacent to arterial streets:

a.

Street design shall have the purpose of making adjacent lots desirable by cushioning the impact of heavy traffic, and of minimizing the interference with traffic on such thoroughfares.

b.

The number of intersections of collector streets with arterial streets shall be held to a minimum. Wherever practicable, such intersections shall be spaced not more than one-fourth mile (about 1300 feet) apart. Construction of frontage or service roads shall be encouraged.

c.

Construction specifications for frontage roads shall conform to the standards specified in these regulations and AASHTO Geometric Design Manual. Frontage roads shall connect with arterial streets by means of a two-lane feeder capable of queuing a minimum of four cars at the arterial street intersection.

d.

Where frontage streets are not required, residential lots adjacent to arterial streets shall be served by a local residential street paralleling this arterial street. These lots shall have an additional twenty-five (25) percent of depth to provide a buffer along the arterial street. Culs-de-sac or loop streets may also extend toward said arterials from a local street providing a buffer equal to twenty-five (25) percent of the depth of an average lot in the subdivision.

e.

When the rear of any lot borders any such arterial the subdivider or developer may be required to execute or deliver to the City an instrument deemed sufficient by the City Attorney, prohibiting the right of ingress and egress from the arterial street to the lot. The instrument may be an open space dedication in fee simple or a servitude granted to the City.

13.2.4.4.Street Dedications and Reservations.

1.

New Perimeter Streets. Street systems in new subdivisions shall be laid out to eliminate or avoid new perimeter half-streets except as provided in this Article. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the developer/subdivider. The Planning Commission may authorize a new perimeter street when the subdivider improves and dedicates the entire required street right-of-way width within the subdivider's own subdivision boundaries.

2.

Widening and Realignment. Where a subdivision borders an existing narrow road or when the Master Streets Plan would require some of the land in the subdivision for road improvements, the developer/subdivider shall be required to improve and dedicate the widened or re-aligned streets. Such frontage roads and streets shall be improved and dedicated by the developer/subdivider at his own expense to the full width as required by these regulations. Land reserved for improvement purposes may not be used to satisfy yard or area requirements of Article 7 of these regulations whether dedicated in fee simple or as an easement.

13.2.4.5.Street Layout and Relationship of Topography.

All streets and rights-of-way shall conform to the widths designated in this Article. Right-of-way widths in excess of the designated standards shall be required when additional width is necessary to provide adequate earth slopes due to topography.

1.

Roads/streets shall be related appropriately to the topography. Local streets shall be arranged to maximize the number of building sites at or above the street grade and shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Criteria and specifications for street construction are contained in this Article.

2.

Streets shall be laid out to facilitate the separation of local and through traffic, permit efficient drainage, open space and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

3.

All arterials shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses. Pedestrian and bicycle access shall be provided where appropriate as indicated by the Planning Commission according to this Article.

4.

The use of curvilinear streets, culs-de-sac, U-shaped or loop streets shall be encouraged where such use will result in a more desirable layout than is possible with the standard rectangular grid. The use of curvilinear streets will also be encouraged to maintain natural drainageways. Subdivisions shall have more than one exit street, preferably using different streets and/or different directions of travel away form the subdivision.

5.

In commercial and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, truck and loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement of the various types of traffic, including pedestrians.

6.

Major arterial streets should not be intersected by local streets. Collector streets should not intersect major arterial streets at intervals of less than one-fourth mile.

7.

Streets shall be graded and improved to conform to the standards provided in these regulations. Design and specifications for grading shall be approved by the City Engineer or Public Works Director in accordance with the construction plans required to be submitted prior to preliminary plat approval.

8.

Where a cut or fill slope is outside the normal right-of-way of the street, a slope easement shall be provided of sufficient width, as determined by the Planning Commission, the City Engineer or Public Works Director, to permit maintenance of the slopes and to provide an adequate sight distance. Such slopes shall not be in excess of three to one (3:1) or thirty-three percent.

13.2.4.6.Arrangement of Streets.

1.

Continuation of Principal Streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the Mandeville Master Streets Plan.

2.

Cul-de-sac and Permanent Dead-End Streets. Where a street does not extend to the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall not be nearer to such boundary than fifty (50) feet. However, the Planning Commission may require the reservation of an easement to accommodate drainage facilities, pedestrian traffic or utilities from the terminus of the street to the boundary of the subdivision. A cul-de-sac turn-around shall be provided at the end of a permanent dead-end street in accordance with the street construction standards described in this Article. For greater traffic efficiency and effective police and fire protection, permanent dead-end streets shall be limited in length according to the design standards of this Article.

3.

Temporary Dead-End Streets. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of way shall be extended to the property line and a reserve strip provided as required. A temporary T or L shaped turnabout shall be provided on all temporary dead-end streets with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutting land whenever the street is continued. The Planning Commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.

13.2.4.7.Required Construction of Streets and Bridges.

1.

Streets Surfacing and Improvements. After sewer and water utilities have been installed by the developer, curbs and gutters, where gutters are required, shall be constructed and roadways shall be surfaced to the widths prescribed in these regulations. The surfacing shall be of a character suitable for the expected traffic and in harmony with similar improvements in the surrounding areas. Types of pavement and design specifications shall be as presented in this Article or as determined by the City Engineer or Public Works Director. Adequate provisions shall be made for culverts, drains, and bridges. All street pavement, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall conform to all construction standards and specifications adopted by the City or as recommended by the City Engineer or Public Works Director and shall be incorporated into the construction plans required to be submitted by the developer for preliminary plat approval. A complete soil boring report prepared by a professional geotechnical engineer shall be required prior to the design of the cross section of any new street.

2.

Bridges. Bridges of primary benefit to the developer/subdivider, as determined by the Planning Commission, shall be constructed at the full expense of the developer/subdivider without reimbursement from the City. All bridges shall be constructed according to the standards, criteria and specifications recommended in the Louisiana Department of Transportation and Development Standard Specifications for Roads and Bridges and Bridge Design Manual. The sharing of any expense for the construction of bridges not of primary benefit to the developer/subdivider as determined by the Planning Commission will require City Council approval. This cost shall be charged to the developer/subdivider as a pro rata, proportionate share of the private land developed and so served.

13.2.4.8.Street Names, Street Signs, Street Lighting and Street Landscaping.

1.

Street Names. Names shall be sufficiently different in sound and in spelling from other street names in the City so as not to cause confusion. A street which exists or is planned as a continuation of an existing road shall bear the same name. All proposed street names will be checked against duplication of street names and names shall be approved by the Planning Commission.

2.

Street Signs.

a.

Traffic Regulatory Signs. The applicant shall deposit with the City at the time of application for final subdivision approval the current cost for each sign required to be installed at all street intersections. The Streets Maintenance Division will install or supervise the installation of all traffic control signs on streets under the jurisdiction of the City.

b.

Street Name Signs. Street name signs are to be placed at two locations at all intersections within or abutting the subdivision, the location of which is to approved by the City. The installation of street name signs shall be the responsibility of the developer and the installation of such shall be complete before acceptance of the dedication of the street on which the signs are required to be placed or included in the cost of the street in conjunction with any performance bond for the construction of the street.

3.

Street Lights. Installation of street lights shall be required in accordance with design and specifications standards provided herein or supplied by the City Engineer or Public Works Director. The installation of street lights shall be the responsibility of the developer and the installation of such shall be complete before the issuance of a Certificate of Occupancy for any residence on the streets approved or shall be covered in any performance bond accepted by the developer.

4.

Street Landscaping. The medians of boulevard streets shall be required to be landscaped and City water lines shall be required to be installed in such medians for the purpose of watering landscape materials within the median.

13.2.5.   Pedestrian and Bicycle Facilities Requirements.

1.

Sidewalks. Sidewalks shall be required to be located within the dedicated right-of-way of all streets and shall be improved as required by these regulations. A median strip of ground covering material or landscaped area at least four feet (4) wide shall separate all sidewalks from adjacent curbs or from the edge of the shoulder of a drainage channel nearest to the development lot.

2.

Pedestrian Accessway. The Planning Commission may require a perpetual unobstructed easement at least ten (10) feet in width to facilitate pedestrian access from the road to schools, parks, playground, other nearby collector roads or community-wide pedestrian routes. Such easements shall be indicated on the plat. Construction of a permanent surface for pedestrian traffic within the easement shall be required and shall be of material to be selected by the Planning Commission to coordinate with other linked pedestrian improvements. Plans and specifications for permanent surfacing shall be approved by the City Engineer or Public Works Director.

3.

Bicycle Paths. The Planning Commission may require a perpetual unobstructed easement at least twelve (12) feet in width to facilitate bicycle access from the road to schools, parks, playgrounds, other nearby collector roads or community-wide bicycle routes. Such easements shall be indicated on the plat. Construction of a permanent surface for bicycle traffic within the easement shall be required and shall be of materials to be selected by the Planning Commission to coordinate with other linked bicycle improvements. Plans and specifications for permanent surfacing shall be approved by the City Engineer or Public Works Director.

4.

Provisions for Handicapped Access. Whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow, such as crosswalks. Wheelchair ramps and depressed curbs shall be constructed in accordance with minimum standards required by Title III of the Americans with Disabilities Act, Public Law 101-336.

13.2.6.   Sanitary Sewer Facilities Requirements.

1.

General Requirements. The applicant shall install sanitary sewer facilities in a manner approved by the City Engineer or Public Works Director according to the provisions of these regulations and applicable sections of the code of Ordinances of the City. All plans shall be designed in accordance with the rules, regulations, and standards of the City Engineer or Public Works Director, parish health department, and other appropriate local, state or federal agencies. All such plans shall be approved by the above agencies. Sanitary sewer lines may be located in the street right-of-way or side or rear easements.

a.

Connection to Public Systems in Connection with Subdivision Procedures. Sanitary sewer facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies and state and local regulations. No individual disposal system or treatment plants (private or group disposal system) shall be permitted. Sanitary sewerage facilities (including the installation of laterals in the street right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the City and of the State Board of Health, the Parish Health Office, City Engineer or Public Works Director and other jurisdictional agencies.

b.

Connection to Public Systems When Available. If a public sanitary sewer is or becomes accessible and a sanitary sewer line is placed within 300 feet of any habitable structure, the owner thereof shall be required to connect to said sewer for the purpose of disposing of waste, and it shall be unlawful for any such owner or occupant to maintain upon any such property an individual sewerage disposal system.

13.2.7.   Water Facilities Requirements.

1.

The drilling, maintenance and use of private water wells for domestic use and human consumption within the City of Mandeville is prohibited except as provided by the regulations of the City. Necessary action shall be taken by the applicant to extend existing City water main lines or, when the nearest city water main or the capacity of the City well providing the nearest water main with water are not sufficient to adequately provide water for the proposed development, to create a new city water-supply district for the purpose of providing a water-supply system capable of providing domestic water use and fire protection for the proposed development or the proposed development shall be subject to disapproval of the City.

2.

Where an adequate public water facility is accessible the applicant shall install adequate water facilities (including fire hydrants) in accordance with these regulations and subject to the specifications of the state and local authorities throughout the proposed development.

3.

Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located no more than 400 feet apart and within 200 feet of any structure, and shall be located at a street corner wherever possible. All underground utilities for fire hydrants and all other supply improvements shall be installed before any final paving of the street.

4.

All water mains shall be at least eight (8) inches in diameter. Water main extensions shall be approved by the appropriate local, state and federal agencies and the City Engineer or Public Works Director.

5.

To facilitate the above, the location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and the cost of installing same shall be included in the performance bond to be furnished by the developer.

6.

Water lines shall be located in the street right-of-way and placed on the opposite side of the street from the sanitary sewer lines except when a majority of the lots to be served are on one side of the right-of-way, then the water line may be placed on the same side as the sewer line installed in accordance with the requirements of the appropriate local, state and/or federal agency and the City Engineer or Public Works Director.

7.

Water lines for the purpose of watering landscaped areas such as boulevard medians and landscaped open space areas required in conjunction with a subdivision or public improvements application shall be required to be installed.

13.2.8.   General Utility Requirements.

1.

All utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.

2.

Wherever possible, easements for public utilities shall be located in the dedicated street right-of-way. Easements for private utilities shall be provided on the front of lots, in the street right-of-way or partially in the street right-of-way and partially on the proposed lots fronting the street right-of-way whenever possible.

3.

When for whatever reason it is necessary that utilities, including drainageways, are required to be located at the rear property line of lots, a perpetual unobstructed easement shall be provided along the rear lot line of each lot to accommodate the utilities and any other proper public purposes and such easement shall be adequate to provide access for maintenance of the utility within the easement.

4.

When necessary to provide utility services to a proposed development, the applicant for the proposed development shall be responsible for the coordination with the applicable utility company for the establishment of utility easements in adjoining developed or undeveloped properties.

5.

Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements shall be provided along side lot lines of selected lots within the subdivision. Such easements shall be indicated on the preliminary and final plat.

13.2.9.   Preservation of Natural Features and Amenities.

1.

General Requirements. Existing features which would add value to residential development or to the City as a whole, such as trees required to be preserved by these regulations, watercourses, beaches, 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 Site Features Map or plat are required to be retained, they shall be preserved and the area of land within their driplines shall be protected against any change of grade. The Site Features Map shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention.

2.

Existing Trees to be Preserved. Existing trees 3" dbh shall not be cut or otherwise damaged or destroyed within those portions of the subdivision set aside for open space, including any parcels to be dedicated as parks or open space or any required yard setback areas of developable lots. Vegetation buffer zones shall be required to be maintained in their natural state or when the natural vegetation is deficient to meet the requirements of the vegetation buffer zone as described in the Landscaping Provisions of Article 9, the minimum required planting as set forth in Article 9 shall be installed by the developer unless or until a development permit is approved by the City, in accordance with the requirements of these Land Use Regulations, for the removal of the trees.

13.2.10.   Non-Residential Subdivision Layout.

1.

General Requirements. Non-residential subdivisions shall be subject to all the requirements of these regulations as well as any additional requirements of the Planning Commission in conjunction with the policies and requirements of the Comprehensive Land Use Plan or other adopted special plans of the City. In addition to the requirements established by these regulations, the developer shall demonstrate to the satisfaction of the Planning Commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and take into account other uses in the vicinity. The following principles shall be observed:

a.

Proposed commercial and industrial parcels shall be suitable in area and dimensions to the types of development anticipated;

b.

Street rights-of-way and pavement widths shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon;

c.

Special requirements may be imposed by the City with respect to the installation of public utilities and facilities, including water, sewer, and stormwater drainage facilities, streets, sidewalks, pedestrianways and bicycleways and the proposed linear park system;

d.

Special requirements may be imposed by the City with respect to street, curb, gutter, and sidewalk design and construction;

e.

Corners of all road intersections will be of such radius as not to require trucks to use a second lane to make a turn;

f.

Parking and loading areas for trucks will be of sufficient size that trucks will not be required to block traffic on any secondary or major traffic artery in order to maneuver into parking and loading areas;

g.

Every effort shall be made to protect adjacent residential areas from negative impact from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels adjacent to existing residential areas, areas zoned for residential development or areas identified for residential development on the adopted Future Land Use Map;

h.

Streets carrying non-residential traffic, especially truck traffic, shall not be extended to the boundaries of adjacent existing or potential residential areas.

13.2.11.   Other Subdivisions.

1.

Waterfront Subdivisions and Marinas. Approval of the development of marinas and waterfront subdivisions shall, because of the potential flood hazards and damage to the environment, require detailed study and analysis, as well as more stringent design and improvement requirements to protect the health, safety and welfare of the public, to protect the environment and to reduce future expenditures by the City for the repair of improvements damaged by flood waters, for providing protection from flood hazards and for correcting damage to the environment. All waterfront development shall be subject to all regulations of the City and any requirements of state or federal agencies for such development.

2.

Townhouse and Townhouse Condominiums. For purposes of these regulations, townhouse or townhouse condominium subdivisions are subdivisions in which single-family attached dwellings, each on an independent lot, are offered for sale. The attachment of these dwellings is along common or party walls that are jointly owned. Under this arrangement lots may front on driveways which have direct access to a public street or any principle access roadway exceeding three hundred (300) feet in length, provided such driveways are held in common ownership by the owners of the townhouse lots having access on such driveways. Open spaces owned in common by the owners of the individual townhouse lots may be provided in lieu of the required yard setbacks applicable to single-family development in accordance with all applicable regulations of the City, state or federal authorities.

13.3.1.   General Requirements.

In consideration of the acceptance of public improvements by the City and the assumption of the responsibility for maintaining the dedicated improvements the applicant for subdivision approval shall cause to be designed and constructed, at no expense to the City, the improvements required by these regulations in accordance with the specifications and requirements of this Ordinance.

13.3.2.   Lot and Block Standards.

13.3.2.1.Lot Standards.

Lots within a proposed subdivision or resubdivision shall be required to be sized in accordance with the minimum lot size requirements of the zoning district in which the land is located and designed in accordance with all applicable provisions of these regulations, and in particular in accordance with the requirements specified under Subdivision Layout and Design Standards of this Article as well as the following:

1.

In no case will residential lots be faced so as to require access directly off a Class A State Highway.

2.

Corner lots shall have an additional width of 20% over and above the minimum required to permit the additional yard setback requirement on the side of lots adjoining the side streets.

13.3.2.2.Block Standards.

1.

Minimum Width. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths for the zoning district in which the land is located. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads or waterways.

2.

Maximum-Minimum Length. The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and type of development contemplated, but block lengths in residential areas shall not exceed sixteen hundred feet (1600') or twelve times the minimum lot width required in the zoning district where located, whichever is less, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major arterials and collector streets shall be not less than one thousand (1000) feet in length.

3.

Pedestrianways. In long blocks or when deemed necessary to provide connection with community-wide pedestrian routes, the Planning Commission may require the reservation of an easement or right-of-way through the block to accommodate pedestrian traffic. Pedestrianways may be required by the Planning Commission through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation corridors or facilities, community pedestrian routes or other community facilities. When required, pedestrianways shall be a dedicated easement or right-of-way not less than ten (10) feet in width and shall include the construction of a minimum six (6) foot wide paved surface in accordance with the specifications for sidewalks provided herein.

4.

Bicycle Paths. In long blocks or when deemed necessary to provide connection with community-wide bicycle routes, the Planning Commission may require the reservation of an easement or right-of-way through the block to accommodate bicycle traffic. Bicycle paths may be required by the Planning Commission through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation corridors or facilities, community bicycle routes or other community facilities. When required, pedestrianways shall be a dedicated easement or right-of-way not less than twelve (12) feet in width and shall include the construction of a minimum eight (8) foot wide paved surface in accordance with the specifications for bicycle paths provided herein.

13.3.3.   Storm Drainage Specifications and Standards.

13.3.3.1.Storm Drainage Report.

A subdivision plat shall not be considered for preliminary or final approval until the applicant shall have submitted to the Planning Commission a report by a registered civil engineer in Louisiana, as to the ability of existing watercourse channels, storm sewers, culverts and other improvements pertaining to drainage for flood control within the subdivision, to handle the additional runoff which would be generated by the development of the land with 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, upstream or adjacent to proposed subdivision. Drainage runoff shall be calculated by the Rational method, using the appropriate runoff coefficients for the projected composition of the watershed at build-out. If the City Engineer or Public Works Director determines that the Rational method will result in an insufficient indication of runoff flow rates, then other methods of runoff calculation, including those of the Soil Conservation Service, the United States Geological Service or the State Department of Transportation shall be required by the City. This report will serve as the basis for all decisions regarding drainage of the proposed subdivision, and shall also include:

1.

Hydraulic calculations to determine the quantity of stormwater entering the subdivision from areas outside the subdivision, the quantity of stormwater crossing the subdivision and the quantity of stormwater leaving the subdivision.

2.

Hydraulic calculations to show the proposed drainage design for collecting and transporting the stormwater across the subdivision, and the proposed drainage design for transporting the stormwater downstream from the proposed subdivision to Lake Pontchartrain.

3.

A contour map of the subdivision with elevation intervals of one (1) foot. This contour map shall also included contours of sufficient elevation intervals of the adjacent areas which contribute stormwater to the subdivision.

4.

Quantities of stormwater flow at each pick-up point (inlet).

5.

Location, sizes and grades of required culverts, storm drainage systems, drainage ditches and other required appurtenances.

6.

Any required plan for erosion and sedimentation control as required by these regulations.

7.

Drainage plans submitted with the drainage report shall include a lot drainage plan meeting the general standards of these regulations. The lot drainage plan shall show the existing surface water drainage patterns for each and every lot, proposed surface drainage patterns for each and every lot and size, shape and slope of required drainage ditches across each lot.

8.

The lot drainage plan shall be developed to provide that the storm drainage runoff from each individual lot is carried to the curb and gutter roadway directly in front of the lot or to the open ditch drainageway in front of the lot, to an inlet and catch basin that is part of a subsurface drainage pipe at the rear or sides of each lot or to an open ditch at the rear or side of each lot.

9.

This report shall be submitted with the request for preliminary or final subdivision approval or prior to the approval of any drainage improvements proposed within existing subdivisions.

13.3.3.2.General Design and Construction Standards of Storm Drainage.

1.

The minimum design of the interior drainage systems of the subdivision or site or tract proposed for development shall be based on a ten (10) year storm frequency with a twenty-four (24) hour duration and the minimum design considerations for the watershed area will be based on a twenty-five (25) year storm frequency with a twenty-four (24) hour duration. The selection of runoff coefficients shall be based on the anticipated nature of future development in the area, and shall be subject to the approval of the City Engineer or Public Works Director.

2.

Street drainage and grading shall be addressed on the submitted plans and shall extend the full width of the right-of-way.

a.

Preservation of drainage patterns in the drainage basin in which a subdivision is located will be required by the Planning Commission.

b.

No alteration of natural drainage channels shall be undertaken by a developer/subdivider except upon the express permission of the Planning Commission.

c.

No increase in the rate of runoff that existed prior to development will be permitted by the Planning Commission unless the developer/subdivider, on a case by case basis, can establish to the satisfaction of the Planning Commission that the existing downstream drainage is adequate to handle the anticipated flow resulting from the proposed development of the property. Alternatively, the developer/subdivider may propose to undertake such work or improvements, at no cost to the City, to make the downstream drainage system adequate to handle the anticipated flow resulting from the development of the property. The Planning Commission may deny any such proposal to improve downstream drainage if the Commission determines that the nature or extent of the proposed work or improvements would detrimentally alter the character or condition of any downstream drainageways. The Planning Commission shall not approve any proposal to improve manmade drainageways until the proposal is first reviewed by the Public Works Director and the Planning Commission is thereafter advised by the Public Works Director, in writing, that he has no objection to the proposal.

d.

Absent such approval by the Planning Commission runoff from the proposed development shall be retained on site, using storage, swales, ponds, and basins, as approved by the City Engineer or Public Works Director, until the water can be released at a rate of flow that does not exceed the rate of flow from the property that existed prior to development.

13.3.3.3.General Improvement Requirements for Sub-surface Storm Drains.

In consideration of the acceptance of the improvements by the City and the assumption of the responsibility for maintaining the dedicated streets constructed therein, the owners of the subdivision shall cause to be designed and constructed, at no expense to the City, the following drainage and storm sewer improvements according to the specifications set forth in this ordinance.

1.

Drainage and Storm Sewer Construction Criteria.

a.

The design of drainage systems for the interior portions of subdivisions or site or tract development and for the watershed areas surrounding the subdivision or site or tract development shall be in accordance with the State of Louisiana Department of Transportation and Development Hydraulics Manual published in 1984, or as amended. The design of the interior drainage systems of the subdivision or site or tract development shall be based on a ten (10) year storm frequency. The selection of runoff coefficients shall be based on the anticipated nature of future development in the area and shall be subject to the approval of the City Engineer or Public Works Director.

b.

Drainage design for new subdivisions or resubdivisions of three (3) acres or greater may be required to include retention ponds or other innovative methods of retaining stormwater within the confines of the new subdivision or resubdivision. These retention ponds or other innovative method of retaining stormwater within the confines of the new subdivision or resubdivision shall be designed to meet the following criteria:

(1)

Where downstream drainage systems are inadequate to accommodate the increase in the rate of runoff from the proposed development, the developer/subdivider may propose to undertake such work or improvements, at no cost to the City, to make the downstream drainage system adequate to handle the anticipated flow resulting from the development of the property.

(2)

The Planning Commission may deny any such proposal to improve downstream drainage if the Commission determined that the nature or extent of the proposed work or improvements would detrimentally alter the character or condition of any downstream drainageways.

(3)

The Planning Commission shall not approve any proposal to improve manmade drainageways until the proposal is first reviewed by the Public Works Director and the Planning Commission is thereafter advised by the Public Works Director, in writing, that he has no objection to the proposal.

(4)

Absent such approval by the Planning Commission, the developer/subdivider shall be required to retain the increase in storm drainage runoff on the site of the development until this water can be released at a storm drainage runoff rate which does not exceed the storm drainage runoff from the site prior to development. However, when the design storm exceeds a twenty-five (25) year storm frequency, the excess drainage runoff above the runoff created by the twenty (25) year frequency storm will be allowed to flow out of the new development.

2.

Criteria for Subdivisions with Curb and Gutter Streets/Subsurface Drainage. In subdivisions with curb and gutter streets, the intervals for installation of curb drainage inlets shall be determined in accordance with the requirements of the Louisiana Department of Transportation and Development Hydraulics Manual published in November of 1984, or as amended. Where these inlets connect to storm sewers, a catch basin shall be installed with the inlet. Storm drain inlets will be placed so that surface water is not carried across intersections or crosswalks. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point and a basin shall be used to intercept flow at that point. Drainage plans submitted with the drainage report will show surface water drainage patterns for each and every lot and block and all design specifications for land development.

3.

Material and construction specifications for all subsurface drainage projects shall be in compliance with the requirements of all American Society for Testing and Materials (ASTM) and Louisiana Department of Transportation and Development Highway Construction Standards.

13.3.3.4.Open Drainage Ditch Construction and Design.

1.

Drainage ditches shall be designed, whenever possible, with sloping earthen banks and earthen bottoms. Drainage ditches shall also be designed with shoulders of not less than four feet in width. When it is determined by the Planning Commission upon the recommendation of the City Engineer or Public Works Director that a concrete lined channel is required such concrete lined channel shall have side slopes of a grade that is no steeper than one and one-half (1.5) to one (1) and shall be lined with reinforced concrete. The bottom shall be at least six (6) inches thick, sides at least four (4) inches thick, and a five (5) foot collar on each side shall be at least four (4) inches thick. Construction details for footings, joints, etc. shall be in accordance with standards provided by the City Engineer or Public Works Director.

2.

When a proposed open ditch, whether lined or unlined, must discharge into a major unlined canal, the developer shall be required to enclose the ditch, under the access strip of the major canal, in a metal pipe or concrete culvert. The pipe or culvert shall extend at least four (4) feet into the canal beyond the side slope, and shall discharge into a concrete flume that extends a minimum of five (5) feet into the bottom of the canal. Flume shall be constructed immediately after the pipe or culvert is installed.

13.3.3.5.Drainage Easement Criteria for Man-made Drainage Structures.

The following servitude criteria shall be required for each ditch, canal, storm drainage collection line, and storm sewer:

1.

Minimum Easement Width - fifteen (15) feet.

2.

There will be a minimum of eight (8) feet from the top of the bank to the property line on one side of the easement for all canals with a top width of fifteen (15) feet or less.

3.

Canals with top width of greater than fifteen (15) feet but less than thirty-five (35) feet shall have a minimum of ten (10) feet on each side measured from the top of the bank to the property line.

4.

Canals with a top width of thirty-five (35) feet or greater will have a minimum of twenty-five (25) feet on both sides measured from the top of the bank to the property line.

5.

Canals with a top width in excess of forty (40) feet will have a minimum of twenty-five (25) feet from the top of the bank to the property line on both sides.

13.3.4.   Street Specifications and Standards.

13.3.4.1.General Regulations.

The provisions of this Article are established to ensure that public street facilities are available and will have sufficient capacity to serve proposed subdivisions. This Article also provides for streets of suitable location and width with necessary pedestrian improvement to accommodate all types of traffic and afford satisfactory access for police, fire fighting, sanitation, and street-maintenance equipment. This Article regulates and coordinates existing and proposed streets to compose a convenient system and avoid undue hardships that otherwise might be imposed on adjoining properties. The following standards, criteria and specifications for streets shall be applied according to the street classification system adopted in the Comprehensive Land Use Plan. In no case shall residential lots be faced to require access directly on an arterial street as defined by this Article. No lot area requirement shall be met by including servitudes dedicated for the improvement of natural or man-made drainage channels, or any utility servitude or other right-of-way.

13.3.4.2.Street Classification.

1.

The following definitions apply to the street classification system adopted in the City of Mandeville Master Streets Plan and required in conjunction with new subdivisions:

a.

Local Streets have the sole function of providing access to abutting properties. Local streets have an average daily traffic volume less than 1,000 vehicles per day.

b.

Collector Streets provide access to abutting properties but also serve to connect local streets with arterial streets. Collector streets have an average daily traffic volume of between 1,000 and 10,000 vehicles per day.

c.

Arterial Streets are major streets in the City's street network that serve traffic moving into, out of and around the City, carrying volumes of traffic greater than 10,000 vehicles per day.

2.

Spacing of Streets. Streets shall be as close to the following spacing requirements as possible:

SPACING OF STREETS

a.

Arterial Street .....1—3 miles

b.

Collector Street .....½-mile

c.

Local Streets .....less than ½-mile

13.3.4.3.Sight Triangle Standards.

Sight triangles at intersections shall comply with the provisions of section 8.1.1.8. Where grade separation structures are proposed at the intersection of major streets, the lots and improvements in the subdivision shall be arranged so as to make adequate provision for such structures.

13.3.4.4.Street Construction Specifications.

1.

General Street Design Criteria. The general street design criteria approved by the City are shown in the following Table. Minimum and maximum grade, curvature, tangent and stop sight distances, design speed and right-of-way and number of lanes for standard streets with central sewer systems are displayed for classified streets. Basic criteria for marginal access streets are also displayed.

2.

Required Minimum Pavement and Lane Widths. Pavement widths shall be measured from curb face or, if no curbs are required, then measurement shall include the entire paved surface. Minimum pavement and lane widths for standard streets are shown in the following Table.

3.

Criteria for Culs-de-sac and Dead-End Streets.

a.

Permanent Dead-End Streets. Cul-de-sac streets shall not be longer than five hundred (500) feet, serving no more than twelve (12) families, unless local topographic or other physical conditions make this provision impracticable. If a cul-de-sac street is permitted when continuation of a roadway is not required by the Planning Commission, its terminus shall not be nearer to the property boundary than fifty (50) feet. The Planning Commission may require the reservation of a ten (10) foot easement as described in this Article to accommodate pedestrian traffic. All culs-de-sac shall be provided with:

(1)

A turning circle having a minimum right-of-way radius of fifty (50) feet and a minimum outside pavement radius of forty (40) feet. Pavement width at the turn-around shall be at least the width of the street it serves.

(2)

Interior turning circles at the end of dead-end commercial or residential streets shall be landscaped open green spaces to provide for surface water infiltration. Such green spaces shall have a minimum sight radius of twenty (20) feet.

b.

Temporary Turning Circle. If a dead-end street is of a temporary nature and a further extension into adjacent land is anticipated, then approval of a temporary cul-de-sac of one thousand (1,000) feet, serving no more than twenty-four (24) families may be granted. In such cases, a temporary dedication of the cul-de-sac right-of-way shall be required. Such dedications may revert to abutting property owners when the dead-end street is legally extended into adjacent land as described in this Article. A "T" or "Y" type turnarounds may also be used to terminate temporary dead-end streets. This turn around area must be temporarily dedicated, with reversion to the abutting property as described in this Article.

c.

Turning Circle Required/Not Required. If a dead-end street is to extend only one (1) lot depth past a street intersection and/or the street is to be less than two hundred and fifty (250) feet in length, no turning circle will be required, but, where a dead-end street is to extend two lot depths past a street intersection and/or the street is to be extended beyond two hundred and fifty (250) feet a turn-around is required.

d.

Circular Offsets. Circular offsets that position the turning circle to one side of the center line of the street are permitted where local topography or other physical conditions are such as to render the normal cul-de-sac design impracticable.

e.

Spacing of Culs-de-sac. Culs-de-sac may not be used so as to create a distance greater than one thousand (1,000) feet along any collector or arterial street for which there is no intersecting through-street.

4.

Boulevards. Right-of-way and construction width shall be commensurate with the street classification in the Master Streets Plan or as assigned by the Planning Commission or the City Engineer or Public Works Director. Design of boulevards shall meet the following minimum criteria:

5.

Alleys. Alleys shall not be provided in residential blocks, except under unusual conditions. Where alleys are provided in residential areas, they shall be of Portland Cement Concrete no less than six (6) inches thick and a minimum pavement width of twelve (12) feet and a minimum twenty (20) foot right-of-way. Asphaltic concrete may be used if approved by the City Engineer or Public Works Director when the main subdivision streets are also of asphaltic concrete composition.

6.

Intersections.

a.

Streets shall be laid out so as to intersect as nearly as possible at right angles.

b.

In no case shall the angle of the intersection be less than 75 degrees or greater than 105 degrees.

c.

An oblique street shall be curved approaching an intersection and should be approximately at right angles for at least one hundred feet (100) therefrom.

d.

Not more than two (2) streets shall intersect at any one point unless specifically approved by the Planning Commission.

e.

Proposed new intersections along one side of an existing street shall, whenever practicable, coincide with an existing intersection on the opposite of such street. Street jogs with centerline off-sets of less than 150 feet shall not be permitted.

f.

Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

g.

The cross-slopes on all streets, including intersections, shall be three (3) percent or less.

h.

Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer/subdivider shall remove only shrub level vegetation between three (3) feet and seven (7) feet. No trees shall be removed except with the approval of the Planning Commission after inspection by the Planning Director or Designee.

7.

Specifications for New Street Construction.

a.

The soil boring report will be commissioned by the developer and provided to the City Engineer or Public Works Director at no charge. The report will be prepared by a licensed professional geotechnical engineer and will provide boring logs and the specifications for the cross sectional design of street pavement and required base preparation. Streets will be designed and constructed in accordance with the findings of the soil boring report, but will not be less than the minimum design criteria stated in paragraph 7(b).

b.

Concrete Pavement and Base Requirements.

(1)

All pavement to be placed on a compacted base course with a minimum thickness of 6". The cross sectional requirement for the base course may be increased depending on soil conditions and the results of the soil boring report.

(2)

All concrete pavements shall have contraction, expansion and construction joints located in accordance with the latest requirements of the Portland Cement Association.

(3)

The Portland Cement concrete shall have a 28-day minimum compressive strength of 4,000 psi.

c.

Asphalt Paving. The Planning Commission may waive the concrete pavement requirement and approve road construction of asphaltic concrete material when keeping in character with existing asphalt streets in the surrounding area. The developer's engineer must design the street based upon the results of the soil boring report. At a minimum, the street design must conform to the Louisiana Department of Transportation and Development Guidelines as defined in the then latest edition of "Louisiana Standard Specifications for Roads and Bridges". The design must be reviewed and approved by the City Engineer or Public Works Director.

d.

Standard Specifications for Roads and Bridges. The compressive strength of all roadways and required base preparation shall be established based upon the Louisiana Department of Transportation and Development Standard Specifications for Roads and Bridges.

8.

Curbs and Gutters. When used, vertical curbs on shall be at least six inches (6) in height. Curbs may be vertical or roll top, and may be constructed of asphaltic concrete or Portland Cement concrete. The design of all curbs shall be appropriate for the proposed application, to be approved by the City Engineer or Public Works Director.

13.3.4.5.Excess Right-of-Way.

Right-of-way widths in excess of the standards designated in these regulations shall be provided if required by the Planning Commission and the City Engineer or Public Works Director to meet the standards for the preservation of trees, natural features and other amenities as referred to in Article 9 of these regulations.

13.3.4.6.Dedications Along Existing Streets.

1.

Half Streets. Dedication of one-half of the right-of-way (half streets) for streets along the boundaries of any proposed subdivision shall not be permitted except as provided in this Article or where boulevards are to be constructed along a route approved by the Planning Commission. In such instances, the adjacent land shall be platted to show the other half of the boulevard at the time such land is requested to be subdivided and a reserve strip shall be dedicated to be revoked and sold by the City at the time of request for subdivision.

2.

Subdivisions platted along existing streets shall dedicate additional right-of-way, if necessary, to meet the minimum street width requirements as set forth in this Article. Such dedication shall be in accordance with the following:

a.

If the subdivision is on both sides of an existing street, the minimum right-of-way width shall be dedicated;

b.

If the subdivision is located on only one side of an existing street, one-half of the required width, measured from the centerline of the street right-of-way, shall be dedicated. In no case shall the owner or owners of such property be forced to dedicate from their land more than one-half of the required rights-of-way width.

13.3.4.7.Limited Access Highways and Railroads.

Railroad rights-of-way and limited access highways that affect the subdivision of adjoining lands shall be treated as follows:

1.

In residential districts a buffer strip that is twenty-five percent (25%) of the depth of the normal lot required in the district shall be provided in addition, adjacent to the railroad right-of-way or limited access highway. The strip shall be part of the platted lots and shall be designated on the plat: "This buffer strip is reserved for screening. The placement of any structure in the buffer is prohibited".

2.

Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall, to the extent practicable be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

13.3.4.8.Extension of Streets to Adjoining Properties.

No "dedicated but not to be constructed" extensions shall be approved by the Planning Commission. The street pavement will extend right up to the boundary line of the one foot (1) wide reserve strip of dedicated right-of-way as provided elsewhere in this Article.

13.3.4.9.Street Signs Standards.

1.

Traffic Control Signs. The Streets Department shall install all traffic control signs and devices in a manner to conform with the latest Louisiana and National Standards for such signs and devices. The developer/subdivider shall install all street signs before issuance of Certificates of Occupancy for any residence on the streets approved.

2.

Street Name Signs. Criteria for the location of street name sign and a typical design is provided in the office of the Director of Public Works. The location of street name signs is to be approved by the City Engineer or Public Works Director. Installation of street name signs shall be covered in the required performance bond.

13.3.5.   Sidewalk, Pedestrianway, and Bicycle Path Specifications and Standards.

1.

Sidewalks Standards and Specifications. Sidewalks may be required to be constructed in conjunction with the issuance of building permits for new construction or substantial improvements in front of lots in all new residential subdivisions of twenty-five (25) lots or more, in all new commercial subdivisions, and in front of lots in existing subdivisions where segments of existing sidewalks currently exist or where required sidewalks were previously approved by the Planning Commission to be constructed in conjunction with building permits. Plans for the installation of sidewalks meeting the minimum standards of this ordinance shall be required to be submitted to the Building Inspector, approved by the Director of Public Works and included in the permit fee. The Director of Public Works or designee shall inspect the installation of sidewalks for adherence to code. In previously approved subdivisions where the Planning Commission waived the requirement for the installation of sidewalks entirely, no sidewalks shall be required to be installed in conjunction with building permits. Sidewalks shall be placed on at least one side of local and collector streets, and on both sides of arterial streets.

2.

Sidewalks Shall be Concrete, at Least Four (4) Inches Thick. An alternative surface may be selected and approved by the Planning Commission in conjunction with the approval of the subdivision in which the sidewalks are to be located for new subdivisions, however, in existing subdivisions or development areas where the Planning Commission has not previously waived the requirement for concrete sidewalks, concrete sidewalks shall be required. Standard concrete sidewalks shall be four (4) feet wide, and shall be placed within the street right-of-way, a minimum of four (4) feet from the edge of the pavement or street curb. Portland cement concrete for sidewalks shall attain 3,000 psi compressive strength within 28 days of placement. The requirements for concrete surfacing may be waived by the Planning Commission in locations where sidewalks coincide with or are linked with a linear park system or where a different surface material is selected by the developer and approved by the City Engineer or Public Works Director and the Planning Commission.

3.

Pedestrian Accessway Specifications. The standards for pedestrian accessways shall be determined by the City Engineer or Public Works Director on a case by case basis. However, the standards for the construction of sidewalks included herein shall be the minimum standard for the construction of pedestrian accessways.

4.

Bicycle Path Specifications. Bicycle paths and other bicycle facilities constructed in the City of Mandeville shall be constructed in accordance with the "Guide for the Development of Bicycle Facilities" prepared by the AASHTO Task Force on Geometric Design and published by the American Association of State Highway and Transportation Officials.

13.3.6.   Sanitary Sewers Design Standards.

1.

Alignment of Sewers. All sewers shall be laid with straight alignment between manholes, unless otherwise directed or approved by the City Engineer or Public Works Director. Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies and state and local regulations. No individual disposal system or treatment plants (private or group disposal system) shall be permitted. Sanitary sewerage facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the state board of health, the parish health office, City Engineer or Public Works Director, and other appropriate state and federal agencies.

2.

Sanitary Sewer Design and Improvement Standards.

a.

Basis for Standards. Design and construction of all sanitary sewers, manholes, pumping stations, water distribution lines, water wells, water storage tanks, water pumps and all other appurtenances required in the water and sewer systems shall be in accordance with all federal, state and local rules and regulations and shall be approved by the proper federal, state and local authorities before installation and operation. All requirements of the state sanitary code shall be followed.

b.

Standards not Included in Certain Situations. The recommended standards may not cover extraordinary situations. Deviations will be allowed and may be required in those instances where considered justified by the City Engineer or Public Works Director.

c.

Design Factors. Sanitary sewer systems shall be designed for their ultimate contributory population, with due consideration being given to current zoning regulations and to the comprehensive future land use plan. Sewer capacities shall be adequate to handle the projected maximum hourly flow of sewage and industrial waste, together with allowance for infiltration and other anticipated flow. Design values for average sewage flow, excluding commercial and industrial waste, shall be determined using accepted LA Dept. of Health and Hospitals standards for per capita design flow per person per day and a design population appropriate to the anticipated development of the area service area under consideration. Peak flow values shall also be determined by LA Dept. of Health and Hospitals standards. All design flows for sewerage systems are subject to the review, modification, and approval of the City Engineer or Public Works Director.

d.

Maximum/Minimum Sewer Size Permitted. The diameter of sewers proposed shall not exceed the diameter of the existing or proposed outlet, whichever is applicable, unless otherwise approved by the City Engineer or Public Works Director. In no case shall the proposed sewer be smaller than eight (8) inches in diameter.

e.

Minimum Sewer Slope Permitted. All sewers shall be designed with sufficient slope to give mean velocities when flowing full of not less than two (2) feet per second. All velocity and flow calculations shall be based on current state health department regulations.

f.

Manhole Location Criteria. Manholes shall be installed at the end of each line at all changes in grade, size, or alignment; at all street and line intersections; and at a distance not greater than four hundred (400) feet.

g.

Manhole Design Criteria. Drop manholes shall be required where the difference in elevation between any incoming sewer and the manhole invert exceeds twenty-four (24) inches. The use of drop manholes will require approval by the City Engineer or Public Works Director. The minimum inside diameter of the manhole shall conform to that specified by the City Engineer or Public Works Director. Inside drop manholes will require special considerations; however, in no case shall the minimum clear distance be less than that indicated above. When a smaller sewer joins a larger one, the insert of the larger sewer shall be lowered to maintain the same energy gradient.

h.

Sewage Line Locations. Sanitary sewers shall be located at the front of lots where possible or within street rights-of-way unless topography dictates otherwise. When located in easements on private property on rear or side property lines, access shall be maintained to all manholes. A manhole shall be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way where possible. Imposed loading shall be considered in all locations. No less than six (6) feet of cover shall be provided over top of pipe in street and alley rights-of-way or three (3) feet in other areas.

i.

Cleanouts and Lampholes. Cleanout and lampholes shall not be used on main line sanitary sewers, eight (8) inches in diameter and greater. Cleanouts shall be installed at the right-of-way line on all service lines.

j.

Separation of Sewer and Water Supply Systems. There shall be no physical connection between public or private potable water supply system and a sewer which will permit the passage of any sewerage or polluted water into the potable supply. Sewers shall be kept removed from water supply wells or other water supply sources and structures. A minimum horizontal distance of ten (10) feet and a minimum vertical distance of eighteen (18) inches shall be maintained between parallel or crossing water and sewer lines (water above sewer). At points where sewers cross water mains, the sewer shall be constructed of a cast or ductile iron pipe or encased in concrete or other casing material approved by the City Engineer or Public Works Director for a distance of ten (10) feet in each direction from the crossing, measured perpendicular to the water line. However, all appropriate local, state and federal agency requirements shall be followed. Distances shall be measured outside edge to outside edge of pipes.

13.3.7.   Water Facility Design Standards.

Required design specifications and construction standards for water facilities shall be subject to the review and approval of the City Engineer or Public Works Director.

13.3.8.   Other Utilities Standards.

1.

All required design specifications and construction standards for other utilities not already described, for example telephone installations, cable television lines, pump stations, etc. will be determined by the City Engineer or Public Works Director.

2.

Where subsurface electric lines are provided, ten (10) feet of easement shall be provided across proposed lots on one side of the street. A minimum of six (6) feet of separation shall be maintained from any electric line and another underground utility line. Where above-ground electric service is provided, a minimum of fifteen (15) feet of easement shall be granted across proposed lots on one side of the street.

13.3.9.   Standards for Preservation of Natural Features and Amenities.

1.

Natural Drainageways—Streams and Bayous. Any subdivision site which is traversed by natural streams or bayous will have lots laid out so that the areas of periodic inundation adjacent to and including such drainageways streams or bayous are not calculated as a part of the required area of any lots in order to preserve the natural features of the these areas of periodic inundation adjacent to and including such areas and provide maximum drainage capacity while providing for the public's safety. No change to any natural drainageway stream or bayou shall be made by any person without the advance approval of the Planning Commission and all parish state or federal agencies with jurisdiction therein. The Planning Commission shall not allow change in a stream or bayou unless such change is shown to be necessary for the health, safety, or welfare of the present and future population of an area or necessary to the conservation of water, drainage, and sanitary facilities.

2.

Planting and Spacing of Trees. The planting or removal of both public and private trees shall be in accordance all applicable regulations of the City.

3.

Construction Around Trees. No street paving with concrete, asphalt or other impervious material shall be placed within the dripline of any tree required to be preserved by these regulations or any other applicable city regulations. Soil and other materials shall not be temporarily or permanently within the dripline of any required tree in such a way as to cause suffocation or damage of root system.

13.3.10.   Standards for Non-Residential and Townhouse Subdivisions.

1.

Non-Residential subdivisions shall be subject to all of the provisions of this requirements of the Planning Commission in conjunction with the adopted policies of the Comprehensive Land Use Plan of the City of Mandeville.

2.

Townhouse subdivisions shall be subject to all applicable provisions of this Comprehensive Land Use Regulations Ordinance. However, townhouse lots may front on driveways held in common ownership by the owners of the townhouse lots having their access provided by such driveways, provided such driveways have direct access to a public street exceeding three hundred feet (300) in length.

3.

In addition, when approved in conjunction with a site plan review subject to approval by ordinance in a Planned District, townhouse lots may front on open space maintained in common ownership by the owners of the townhouse lots fronting on such open space, provided adequate access under the same ownership as the owners of the townhouse lots, as described above, is also under the same ownership.

4.

Subdivisions of Marine Uses.

a.

Canals shall not be less than thirty-five (35) feet in width, six (6) feet in depth and have a clear navigation channel of twenty-four (24) feet.

b.

Street grades shall be of such elevations that they are twelve (12) inches above normal high tides.

c.

Additional requirements for Marine developments are provided in Division II, Article 8, Special Uses Criteria of this Land Use Regulations Ordinance.