Slidell City Zoning Code

A.

Building permits and processes.

1.

Building permits required. No building or other structure can be erected, moved, added to, or structurally altered without first obtaining a permit from the City of Slidell. No manmade change can begin on improved or unimproved real estate including, but not limited to, mining, dredging, filling, grading, paving excavations, or drilling operations without first obtaining a permit from the city. All permits issued by city must demonstrate full compliance with this UDC and the Code of Ordinances.

2.

Application for building permits. All applications for building permits must be accompanied by plans, drawn to a scale, showing the actual dimensions and shape of the lot to be built upon; the exact size, location, and dimensions of existing and proposed buildings or alteration. The application must include such other information as lawfully may be required by the administrative official including existing or proposed building or alteration; existing rental units the building is designated to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for enforcement of this UDC.

3.

Certificates of occupancy for new, altered, or nonconforming uses. It is unlawful to install permanent utilities in or to use, occupy, or permit the use or occupancy of any part of any building or premises until a certificate of occupancy is issued by the city stating that the proposed use of this building or land conforms to the requirements of the Code, inclusive of this UDC, upon completion of all applicable work.

a.

The administrative official shall maintain a record of all certificates of occupancy.

b.

Failure to obtain a certificate of occupancy is a violation of and enforced in accordance with this Code.

4.

Expiration of special land use or temporary permits

a.

Start of work. Special land use or temporary activities permitted must comply with the duration specified in the permit issued. If no evidence of activity is present on site, the permit will expire, and the administrative official may cancel the permit.

b.

Notice of permit expiration. The administrative official must provide written notice to the persons affected by permit expiration advising that further work or continued activity cannot continue unless and until a new permit or an extension is approved.

5.

Refer to chapter 7 of this Code for information regarding specific construction codes, licensing requirements, and additional building permit submittal information.

B.

Site plan, zoning and subdivision requests. The following procedures help ensure site plan, zoning, and subdivision applications are approved in compliance with this UDC, generally referred to as "planning applications." The department of planning is responsible for processing such requests and verifying compliance with the UDC.

1.

Availability of planning applications.

a.

Planning applications shall be available in the department of planning and indicate expectations for completeness, including minimum information required for submittal.

b.

Planning applications may include a calendar of relevant deadlines for submittal, or such calendar may be provided by the department of planning.

2.

Completeness review. Upon receipt of a planning application, the director of planning or designee shall determine if the application is complete. Incomplete applications will not be processed and will not be scheduled for public hearing, if applicable, until deficiencies are remedied. The failure to resolve a finding of incomplete or inaccurate information shall be grounds for not accepting an application.

3.

Withdrawal of application. Planning applications may be withdrawn by an applicant or the city council without a refund of fees. Requests for withdrawal must be in writing by the applicant or legally authorized agent in accordance with the following:

a.

Planning applications not subject to a public hearing may be withdrawn at any time in the review process.

b.

Planning applications or appeals requiring a public hearing of the planning or zoning commission, city council, or board of adjustment may be withdrawn prior to the public hearing. These applications may be resubmitted without limit. Costs to advertise the case for public hearing are not refundable.

4.

Limitations of withdrawn or denied planning applications. Planning applications denied or withdrawn after the planning or zoning commission has made a recommendation, but prior to a decision of the city council, must wait one year from the date of submittal before resubmitting, unless substantial new evidence is made available or there is evidence of a significant mistake of law or of fact that affected the prior denial.

5.

Appeals. Appeals of any code administrator's decision shall be heard by the board of adjustments and must be filed with the department of planning within ten days of the date of the decision in accordance with chapter 2, division 3 of this Code.

A.

A development meeting is an applicant's opportunity to meet with representatives from multiple city and parish departments and receive guidance on the city's process and requirements.

B.

Development meetings are strongly encouraged for all residential elevation projects, new commercial construction, major development permits, and planning applications.

C.

Applicants can fill out a request for a development meeting online and submit this request to the department of planning. The department requires at least one week's notice to schedule the meeting.

A.

Published notice.

1.

Published notice is required for all applications or approvals requiring a public hearing.

2.

Notice setting forth the date, time, place, and purpose of the public hearing, the name of the applicant, and location of the subject property shall be published in the official journal of the city.

a.

For subdivision applications, design exceptions, board of adjustment applications, published notice shall be provided no less than twice during a ten-day period prior to the public hearing date.

b.

For UDC text changes, zoning map changes, and conditional uses published notice shall be provided at least 30 days in advance of the public hearing date and once a week for three different weeks in the official journal of the city.

B.

Posted notice.

1.

Posted notice for public hearings is required for the following applications: conditional uses, variances, zoning map changes initiated by individual applicants, petitions for annexations, property-specific appeals, and subdivision applications requiring a public hearing. Comprehensive rezoning proposals initiated by the city do not require posted notice. The posted sign shall be prepared, furnished, and placed by the director of planning or their designee on the property in a prominent location near the public street so that it is visible to passing pedestrians or motorists.

2.

The notice shall be posted for not less than 14 consecutive days prior to the public hearing conducted by the planning and zoning commission or board of adjustment on weatherproof signs not less than one square foot in area. The posted sign shall contain the case number, the case type, and the time and place of the public hearing. For zoning changes, the posted sign shall include the current zoning district and proposed zoning district.

3.

If it is not feasible to post a sign on the subject property, the sign may be posted along the public right-of-way in a location as determined by the director of planning.

4.

For properties with more than one street frontage, the director of planning or their designee is required to post one sign visible from each street frontage.

5.

In the case of multiple parcels, a posting on each individual parcel is not required, but sufficient signage shall be posted to provide notice to interested persons.

C.

Validity of defective notice.

1.

No action on any application submitted in accordance with the UDC shall be declared invalid by reason of any defect in any of the following:

a.

The publication of the notice of the purpose or subject matter and the time and place of the hearing if the published notice gives reasonable notification of its purpose, subject matter, substance, or intent.

b.

The posting or display of a notification sign if evidence of installation of the sign is presented.

c.

The mailing of notice to the individuals and entities within the vicinity of the site, as indicated above.

2.

Any defect in, or failure to adhere to, any discretionary forms of notification shall not form a basis for declaring invalid any ordinance or council action on any zoning matter.

3.

No denial by the council of any application or petition requiring notice shall be declared invalid by reason of any defect in any form of public notice, if the applicant has received notice of the time, date, and place of the hearing.

A.

Purpose. The purpose of a public hearing is to allow an applicant and all other interested parties the opportunity to be heard, to present evidence relevant to an application, and to rebut evidence presented by others.

B.

Conduct of hearing. Public hearings shall be conducted in conformance with state and local laws and shall be conducted in accordance with the State of Louisiana Open Meetings Law.

C.

Record of proceedings. The proceedings of all public hearings shall be recorded in conformance with the provisions of state law.

D.

Continuances. The chairperson, with approval of the body conducting the hearing, may vote to continue the public hearing to a future meeting for good cause shown. No new mailed notice is required to reopen the hearing if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the first hearing and placed in the minutes. Publication of the agenda shall satisfy the notice requirements.

E.

Applicant not present. If an applicant is not present at the public hearing or if the applicant makes a request for a deferral of consideration, then the body conducting the public hearing may elect to take no action on the application and place the item on a future agenda.

A.

Application(s). Those desiring to incorporate property into the City of Slidell's corporate limits must complete a petition for annexation and a separate application for a zoning map amendment on forms made available by the department of planning, including but not limited to the proposed zoning classification desired for the site. Applicants are encouraged to submit both the petition and zoning application at the same time.

B.

Classification of annexed territory. Petitions for annexation of territory to the municipal limits shall state the type of zoning district which the territory shall be upon annexation.

C.

Minimum requirements. All requirements of the laws of the State of Louisiana and the ordinances of the City of Slidell concerning annexation and zoning classification must be met.

D.

Review. Complete petitions for annexation shall be reviewed by the departments of planning and engineering. Once city requirements are met, the city will forward the petition to St. Tammany Parish Government for their concurrence.

E.

Planning and zoning commission recommendation. Upon decision-making by the parish, both the zoning application and petition for annexation will be noticed for a planning and zoning commission public hearing via both posted and published notice. As part of their meeting, the planning and zoning commission will provide a recommendation on both cases for the city council 's consideration.

F.

City council. Upon recommendation by the planning and zoning commission, the petition and zoning application will be noticed for a city council public hearing via posted notice. The city council will review and vote on both cases' final decision-making.

G.

Appeals. Appeals of the city council decision shall be heard by the board of adjustments and must be filed with the department of planning within ten days of the date of the council's decision in accordance with chapter 2, division 3 of this Code.

Text amendments to this UDC shall be made in accordance with chapter 1 of this Code and include the planning and zoning commission's review and recommendation on proposed amendments.

A.

Application. To be considered a complete petition for a zoning map amendment, the petitioner shall submit on the petition on forms made available by the department of planning, including but not limited to:

1.

Identification of existing and proposed zoning classification of the subject property; and

2.

Proof of site ownership; and

3.

A map of the subject site; and

4.

Forms properly signed and notarized; and

5.

Submittal of required fees in accordance with Appendix F of this Code.

B.

Determination of completeness. The department of planning shall not process, or post notice for, a public hearing on a petition unless, and until, all of the information described in section 4.7.A is submitted to the department of planning.

C.

Review and recommendation.

1.

Preliminary review. The department of planning shall make a preliminary review of the petition and advise the petitioner of any deficiencies. Once all deficiencies are corrected and the petition complete, the department of planning will advise the petitioner of the date, time, and place of the zoning commission meeting at which the petition will be introduced and presented for the commission's recommendation.

2.

Notice. The petition shall be noticed in accordance with the procedures for abutter mailer, posted, and public notice provided for in this article.

3.

Zoning commission meeting.

a.

Failure of an applicant to be present at the zoning commission meeting may result in the petition being rejected.

b.

The commission shall consider the petition as presented in a report made by the department of planning, open the public hearing to consider public comments, and deliberate on a recommendation to forward to the city council. In making its recommendation, the commission cannot order the petitioner to change in any way the petition presented, or to deny holding a public hearing on a petition if a qualified petitioner is present at this meeting.

c.

Should the petitioner(s) choose to modify the petition, the petitioner(s) may do so at this meeting.

d.

The zoning commission shall make a decision to defer the case to their next meeting or recommend the city council deny or approve the petition.

D.

Action by city council.

1.

The department of planning shall incorporate the recommendation of the zoning commission into their staff report and forward the report to the city council for consideration within ten days of the zoning commission meeting.

2.

The city council shall not take action on the proposed change(s) until it receives the final report of the commission.

3.

A final yea and nay vote shall be taken on the proposal by the city council within 120 days dated from the introduction of the ordinance in correct form.

E.

Appeals. Appeals of the city council decision shall be forwarded to the appropriate civil judicial district.

A.

Procedure. A conditional use permit shall be submitted, reviewed, and acted on in the same manner as a zoning map amendment, except as provided for in this subsection.

B.

Authority to add conditions. The city council, with the recommendation of the zoning commission, shall have the authority to permit the conditional use of land or structures for uses designated as conditional uses in each zoning district in accordance with the allowed uses, procedures, conditions, and standards of this UDC.

C.

Application. A written application verified by the owner of record, or authorized agent of said owner of the property involved, shall be filed with the department of planning for the attention of the zoning commission upon a form prescribed therefore, which shall contain, or be accompanied by, all required information, including but not limited to:

1.

Identification. The petitioner's name, address, and interest in the petition, and the name, address, and interest of every person, firm, corporation, or governmental agency represented by the petitioner in the petition.

2.

Legal description. A legal description of the land proposed to be covered by the special use permit.

3.

Plat of survey. A current legal plat or survey of the property showing the flood zone that the property is located in, all existing structures, easements and rights-of-way.

4.

Arguments. A statement containing a summary of the circumstances, factors, and arguments that the petitioner offers in support of the proposed conditional use permit.

5.

Zoning and use. The present zoning of the property and description of intended use.

6.

Site plan. A site plan drawn to a scale of not less than one inch to 100 feet or as designated by the director of planning, showing the subject site, the length and location of its boundaries, the location and proposed use of all existing and proposed structures and the proposed use of all areas of the site not enclosed by a building including parking areas, storage areas, maintenance areas, loading areas, and production areas, the site plan shall also indicate the zoning of all land within 300 feet of the subject site.

7.

Other materials. Such other data or materials as the zoning commission finds necessary to appraise the need for or effect of the conditional use.

D.

Conditions.

1.

The zoning commission and city council may attach such conditions to prevent negative impacts to adjacent land uses and to protect the health, safety, and welfare of the public, including drainage, traffic and environmental analysis of the site and surrounding property by an independent engineering firm to be selected by the city. The cost of such studies shall be borne by the applicant.

2.

Failure to observe the conditions of the commission shall be a violation and grounds for revocation of the conditional use, subject to the penalties in article 3 of this UDC.

E.

General standards.

1.

The proposed conditional use must comply with all applicable zoning regulations.

2.

The location and size of the use, its operation, and access shall be such that the use will be in harmony with surrounding land uses.

3.

Hours of operation for use, buffering and/or landscaping above the minimum ordinance requirements.

4.

The location, nature and height of structures, walls and fences shall be such that the use will not hinder or discourage the development and use of adjacent land and structures.

5.

Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the ingress and egress drives shall be laid so as to achieve maximum safety.

6.

Adequate utilities, drainage and other necessary facilities have been or will be provided.

7.

Environmental safety devices shall be employed as is necessary to ensure the health, safety and welfare of the public.

F.

Appeals. Appeals of the city council decision shall be forwarded to the appropriate civil judicial district.

G.

Period of validity. Every conditional use permit shall become null and void six months after the date it is approved by the city council, unless:

1.

A certificate of occupancy is obtained pursuant to such conditional use permit and the conditional use is actually established within the six-month period;

2.

A building permit is obtained pursuant to such conditional use permits and construction work pursuant to such building permit has begun within the six-month period, and the construction work is continuing in accordance with such building permit;

3.

The city council extends the time period for an additional six months where such extension is deemed reasonably necessary.

H.

Abandoned or discontinued. If any conditional use is abandoned or is discontinued for a continuous period of one year, the conditional use permit shall become null and void and may not be reestablished unless a new conditional use permit is obtained in accordance with the provisions of this UDC.

I.

Transfer of permit. Unless otherwise specified in the conditional use permit, revoked by the city council, or abandoned, conditional use permits shall continue to remain valid after a change in ownership, manager, occupancy, or operator, provided that the conditional use complies with the requirements and regulations of the conditional use permit.

J.

Required acknowledgment. The owner of a parcel of property with a conditional use permit shall supply all successive owners, all managers, occupants, and operators of the conditional use on the property or the property itself with a copy of the permit authorizing the conditional use and all related requirements and regulations.

A.

Context. For properties located in the Olde Towne Preservation District Overlay (OPD), as established in section 6.7 of this UDC, any new construction, additions, exterior alterations, relocations, or demolitions must have a certificate of appropriateness approved before changes to property are made.

B.

Review. The department of planning shall review certificate of appropriateness applications and determine if the application can be approved administratively or if it must go to the Olde Town Preservation District Commission (OTPDC) as established in chapter 2 of this Code. If it must go to the OTPDC, the department of planning will make a technical recommendation, then the OTPDC will hold a public hearing and make a decision.

C.

Actions requiring OTPDC certificate of appropriateness:

1.

Exterior changes including:

a.

The erection of any new structure, principal or accessory, or other construction; or

b.

The alteration or addition to the exterior of any existing structure; or

c.

Relocation of a structure; or

d.

Demolition of a structure; or

e.

Changes to the exterior paint scheme outside of the historic paint palette approved by the commission.

2.

Demolition of any existing structure; or

3.

The relocation of any structure into, or out of, the district.

D.

Actions that may be administratively approved by the director of planning:

1.

Alterations to the exterior of non-historic structures; or

2.

Alterations to the exterior of non-contributing elements to a historic structure that do not detract from the historic character of structure or neighboring structures; or

3.

Signs.

E.

Application. The applicant must submit full plans and specifications showing the proposed appearance, color, texture, materials, and architectural design of the exterior.

1.

Such plans must include the front, sides, rear, and roof of all structures on the site to be altered.

2.

Such plans must include any alterations or additions to any structure, party wall, courtyard, sidewalk, driveway, parking area, fence, or other dependency.

F.

Process.

1.

If OTPDC certificate of appropriateness is required, the director of planning shall notify the commissioners of the application and accompanying documents. If the documents are too large or outsized, such as a mock-up, they will be available for review by the commissioners at the department of planning office or hosted online.

2.

If the director of planning or OTPDC determines that an application lacks complete information or is not complete, the subject request will not be acted on by the OTPDC and may be returned to the applicant for revisions.

3.

The director of planning shall develop standard application forms and guidelines for the application process for properties in the MU2 and OPD districts.

4.

The applicant may request a development meeting with the director of planning, the OTPDC chairperson or vice chairperson, for the purpose of assessing whether changes or adjustments to the application are needed to demonstrate compliance with the requirements of this UDC.

G.

Hearing notice for OTPDC. Hearing notice shall be provided via published notice in accordance with this article.

H.

Commission recommendation and action.

1.

The commission shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the Code, which may include such changes to the exterior appearance.

2.

Within 60 days after an application has been filed with the department of planning, the commission shall act upon it by either approving, denying, or deferring action until the next meeting of the commission. Evidence of approval of the application shall be by certificate of appropriateness issued by the commission and, whatever its decision, notice in writing shall be given to the applicant by the department of planning.

3.

Failure by the commission to reach and render a decision within 60 days of the date of filing of the application with the department of planning shall be taken to constitute approval of the application by the commission, unless the applicant has requested that the commission delay its decision beyond the 60-day period otherwise required.

I.

Appeals. Any person or persons aggrieved by any decision of the OTPDC shall have the right to appeal such decision. Appeals of the OTPDC decision shall be heard by the board of adjustments and must be filed with the department of planning within ten days of the date of the decision in accordance with chapter 2, division 3 of this Code.

J.

Permitting and effect of approval.

1.

The issuance of a certificate of appropriateness shall not relieve an applicant from applying for a building permit, conditional use permit, variance, or other requirement or provision of the laws of the city concerning zoning, construction, repair, or demolition.

2.

No construction activity or building permit that affects a historic resource shall be allowed or issued by the city prior to the issuance of a certificate of appropriateness by the commission.

K.

Enforcement and administration.

1.

Injunctions. Whenever any person has engaged in, or is about to engage in, any act or practice that constitutes or will constitute a violation of this UDC the city may make application to the appropriate court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation or to remedy such violation by restoring the affected property to its previous condition.

2.

Penalties. As provided in article 3 of this UDC.

3.

Stopping work commenced without permit. The department of building, safety, and permits or department of planning shall promptly stop any work attempted to be done without or contrary to a permit issued under this Code.

4.

Provisions of section in case of conflict. In the event of conflicting ordinances, non-preservation ordinances prevail except as otherwise approved by the city council.

A.

Appeals and variances to the board of adjustments. Refer to chapter 2, division 3 for variance and appeal application procedures, limitations, and minimum criteria.

B.

Administrative Waivers. Applicants may make a request for an administrative waiver to the directors of building, safety, and permits; director of planning; or director of public operations, as applicable. Such requests may only accommodate the following provisions:

1.

Encroachments in required yards.

a.

Limited waivers are authorized to administratively approve encroachments into required yard setbacks for stairs, landings, and equipment platforms required when a building is elevated or raised up to the following distances:

i.

Front yard. Within ten feet of property line.

ii.

Side yards. Within six inches of the property line when at least seven feet, six inches of height clearance for a three-foot-wide passage are provided between grade and any projections, or if adequate clearance is not provided, that side yard is made inaccessible from the front yard.

iii.

Rear yard. Within ten feet of property line.

b.

Encroachments closer to the property line than those provided above must be referred to the board of adjustments for review and approval.

2.

Sidewalk design. Limited waivers are authorized to administratively approve special designed sidewalks to accommodate unique location restrictions on a case-by-case basis upon review by the departments of planning, engineering, and public works. Examples of unique location restrictions include, but are not limited to, lack of sufficient public right-of-way, less than seven feet available from back of curb to property line, and other public infrastructure is obstructing the area available for sidewalks.

3.

Application. Applicants shall submit the request for a waiver, with design specifications or site plans, as required, to the department of planning.

4.

Review. The department of planning will coordinate review of the request with the departments of engineering and public operations, as applicable.

5.

Decision-making. Based on department input, the waiver will be approved, approved with modifications, or denied. The department of planning will notify the owner/developer/contractor of the city's decision in writing.

6.

Appeal of department action. Appeals of the departmental decisions shall be heard by the board of adjustments and must be filed with the department of planning within ten days of the date of the decision in accordance with chapter 2, division 3 of this Code.

C.

Design exceptions to the planning commission.

1.

Purpose and applicability. To provide a method to review and approve unique or functionally necessary variations from the design guidelines of this UDC, the planning commission is empowered to review and approve design exceptions upon review and recommendation of the director of planning and after conducting a public hearing on the matter. Examples for when design exceptions may be appropriate include specialized exterior cladding for energy efficient design and building layouts that do not have clearly defined front, side and rear elevations or where the functional design requirements for the building's intended use make it difficult to adhere to the strict requirements of the design guidelines.

2.

Application. Owner/developers can apply to the planning commission for approval of design exceptions by submitting an application to the department of planning along with supporting plans and documents.

3.

Review and recommendation. The director of planning shall review the submittal for completeness, analyze the proposed unique or functionally dependent design, and provide a recommendation to the planning commission. The director of planning shall also coordinate with the commission chairperson to add the application to the agenda for the next planning commission meeting.

4.

Required notice. Notice of the application's hearing at the planning commission shall be published and posted in accordance with this article. The director of planning shall make the plans for the unique or functional design available in the department of planning's office or hosted online for viewing prior to the public hearing.

5.

Planning commission meeting. The proposed plans, including the request for a design exception, will be reviewed at a public hearing of the planning commission. During the hearing, the applicant or their representative will be given an opportunity to present their proposal; the director of planning will provide the analysis and recommendation of the proposal; and the public will be given an opportunity to present their views and recommendations.

6.

Planning commission decision-making. The planning commission shall either:

a.

Approve the design exception as presented;

b.

Approve the design exception with modifications and/or conditions;

c.

Deny the design exception; and/or

d.

Postpone a decision and direct the applicant and/or the director of planning to return at a later date with additional information, analysis, or a modified proposal.

7.

Appeals. Appeals of the commission's decision shall be heard by the board of adjustments and must be filed with the department of planning within ten days of the date of the decision in accordance with chapter 2, division 3 of this Code.

A.

Development meeting. Whenever any subdivision of a tract of land is proposed to be made, the subdivider or their agent is strongly encouraged to discuss the project with city departments as part of a development meeting in accordance with section 4.2 of this UDC prior to submitting a preliminary plat for review. Based on a preliminary review of an application, the department of planning will determine if a subdivision can be approved administratively or must be approved by the planning commission.

B.

Required application materials. On reaching conclusions informally, the subdivider shall prepare a preliminary plat, together with improvements, plans, and other supplementary material specified in this UDC.

C.

Decision-making processes. The procedure for review and approval of a subdivision plat may consist of up to three separate steps and may be processed in three separate manners:

1.

When minor modifications are being considered in accordance with section 4.16.2 of this UDC, the director of planning may approve a final plat as part of an administrative subdivision process.

2.

When no improvements are being proposed and the subdivision request meets all requirements of this UDC, the planning commission may consider together a preliminary and final plat as part of a major subdivision application.

3.

When creating a subdivision with new streets and/or significant improvements to infrastructure requiring compliance with article 10 of this UDC, the planning commission may consider the proposed final as part of a major subdivision application upon completion of the following steps:

a.

Prepare and submit a preliminary plat of the proposed subdivision to the planning commission.

b.

Upon approval of the planning commission, a developer must submit detailed construction drawings and specifications to the city engineer.

c.

Upon approval of the city engineer, the proposed subdivision improvements shall be constructed according to approved plans and minimum standards in article 10 of this UDC.

d.

Upon successful installation and inspection of subdivision improvements, the developer shall prepare and submit to the planning commission a final plat, together with all required materials in this section.

e.

This final plat becomes the instrument to be recorded in the Office of the Clerk of Court, St. Tammany Parish, when duly signed by the Chairman of the Slidell Planning Commission and the Mayor, or his authorized designee.

A.

Administrative plat approval criteria. Notwithstanding other provisions of this UDC or other law to the contrary, final plats may be approved via administrative procedures when either of the two following circumstances exist:

1.

A request is limited to the realignment or shifting of lot boundary lines, including removal, alignment, or shifting of interior lot boundary lines, or the re-designation of lot numbers and the application meets all of the following requirements:

a.

Does not involve the creation of any new street or public improvement;

b.

Does not increase the number of lots of record;

c.

Does not involve more than five lots of record;

d.

Does not reduce a lot size below the minimum area or dimension requirements established by this UDC;

e.

Does not involve more than one acre;

f.

The property is zoned residential; and

g.

Otherwise meets all the requirements of this UDC.

2.

Parcels of land where a portion has been expropriated or has been dedicated, sold, or otherwise transferred to the city, thereby leaving a severed portion of the original property that requires a re-designation of lot number(s) and establishment of new lot boundary lines.

B.

Plat content and effect. All plats approved or certified by an administrative subdivision process provided for herein, shall designate such fact on the plat and the plats shall be recorded in the conveyance records of the St. Tammany Parish Clerk of Court. Any plat so approved shall have the same force and effect and legal status of a subdivision application approved by the planning commission.

C.

Application andplat submittal. The subdivider shall submit to the department of planning one paper copy of a complete subdivision application and an electronic PDF of all materials required in the application. The plat shall be drawn to the scale of one inch equals 100 feet, or one inch equals 50 feet, and must be accompanied by a copy of the recorded deed to the land to be acted upon. The department of planning shall retain a copy of said deed for the planning commission's records. The plat shall include:

1.

The name of the original subdivision;

2.

The parcels or lots to be divided;

3.

Old boundary lines and lot designations shaded and new boundary lines and lot designations in bold;

4.

Date title, name, and location of proposed re-subdivision, including section, township, range, city, parish, and state;

5.

Written metes and bounds description of the property to be re-subdivided;

6.

Property measurements for dimensions and area;

7.

The location of all buildings on the lots to be subdivided;

8.

The names and location of all adjoining rights-of-way, streets and subdivisions;

9.

Verbiage stating that the plat is "The administrative re-subdivision of lot(s) _______, into lot(s) _______ of the _______ Subdivision;"

10.

The flood zone designation(s);

11.

The zoning district designation(s);

12.

All existing and proposed easements;

13.

Vicinity map and north arrow;

14.

A certified land surveyor's seal must be clearly stamped on the plat submitted for approval;

15.

Signature block to include the director of planning, map file number, and date filed for record.

D.

Fees. All plats submitted to the department of planning for administrative subdivision approval shall be signed by the mayor, or his authorized designee, the planning commission chairman, and the director of planning, as well as be accompanied by fees required by the City of Slidell per appendix F of this Code and fees required by the clerk of court.

E.

Referral. The director of planning may, upon review of the submittals and review of the plat, at his/her discretion, require that the request go through the subdivision process, including review and decision-making by the planning commission.

A.

Applicability. All subdivision requests that do not meet the minimum criteria for an administrative subdivision process shall be processed as a major subdivision. When requests do not involve the creation of new streets or substantial changes to existing infrastructure, the planning commission may review and approve both the preliminary plat and final plat as one final plat.

B.

Application and plat submittal. The subdivider shall submit to the department of planning one paper copy of a complete subdivision application and an electronic PDF of all materials required in the application. The proposed plat shall be drawn to the scale of one inch equals 100 feet, or one inch equals 50 feet, and must be accompanied by a copy of the recorded deed to the land to be acted upon. The department of planning shall retain a copy of said deed for the planning commission's records. The plat shall include:

1.

The proposed subdivision's name and location, the name and address(es) of the owner or owners and the name of the designer of the plat who shall be a Louisiana State Licensed Engineer, landscape architect, or land surveyor.

2.

Date, approximate north point, and graphic scale.

3.

The location of existing and platted property lines, section and township lines, existing streets, buildings, watercourses, railroads, bridges, culverts, any public utility easements, both on this land subdivision and adjacent land, zoning classification, of the land to be subdivided and the adjoining land near the subdivision, and the names of adjoining subdivisions.

4.

Plans of proposed utility servitude layouts (sewer, water, and electricity) showing feasible connections, where possible, to existing and proposed utility systems.

5.

The proposed street names and locations, dimensions of proposed streets, alleys, easements, parks, and other open spaces, reservations, lots, and building setback lines.

6.

Contour intervals to sea level datum of not more than two feet when the slope is less than four percent. Show spot elevations of all breaks in grades along drainage channels or swales and at selected points not more than 200 feet apart in all directions for slopes less than two percent, and contour intervals of not more than five feet when the slope is greater than four percent.

7.

If any portion of the land being subdivided is below the elevation of flood in accordance with chapter 15 of this Code, limits of such flood shall be shown.

8.

Typical cross sections of the proposed grading and roadways or sidewalks and topographic conditions drawn to a scale of not less than one inch equals 100 feet horizontal and one inch equals 20 feet vertical when required by the planning commission or city engineer.

9.

The acreage of the land to be subdivided.

10.

Vicinity map showing location of subdivision site.

11.

The width and location of any street or other public ways or places shown on the master plan or major road plan within the area to be subdivided.

12.

All subdivision proposals greater than 50 lots, or five acres, whichever is lesser, shall include base flood elevation data. Refer to chapter 15 of this Code for definitions and standards related to base flood.

C.

Preliminary plat review and approval.

1.

The department of planning and the city engineer will review required application materials and advise applicants of changes necessary or additional information required to verify compliance with the requirements of this UDC.

2.

Once the preliminary plat is found to be in compliance with this UDC, the department of planning will provide public notice and place the subdivision application on the next regularly scheduled planning commission agenda.

3.

The planning commission will review and indicate disapproval approval.

D.

Preliminary plat signature. Four copies of the preliminary plat with any corrections or amendments required by the planning commission will be submitted for signatures by the mayor, the planning commission chairman, and the director of planning. One copy will be provided to the city engineer, director of planning, building official, and the subdivider. The official copy of the planning commission will be maintained by the department of planning.

E.

Preliminary plat approval effect. The approval of the preliminary plat by the planning commission allows for the submittal of detailed construction plans in accordance with subsection I below. It does not constitute acceptance of the final plat.

F.

Preliminary plat expiration. The approval of the preliminary plat shall expire two years from the date the preliminary plat was signed by the planning commission chairman, unless an extension of time is applied for and granted by the planning commission.

G.

Detailed construction drawings approval.

1.

Preparation and review of drawings. Upon preliminary plat approval, the developer shall prepare and submit detailed construction plans for all improvements in accordance with the approved preliminary plat and the requirements of this UDC to the city engineer for review and approval.

2.

Installation. Upon city engineer approval of construction plans and issuance of maintenance obligations described in this subsection, the developer may proceed with the construction and installation of all improvements or may post a performance bond that assures that all improvements will be completed per approved construction plans.

3.

Maintenance obligations.

a.

Maintenance obligations are established when the developer has received preliminary approval. Said obligation shall be used to ensure the repair of any damage to a city road or drainage system resulting from construction activity in connection with the subdivision.

i.

The amount of the obligation will be based upon the existing condition of the affected city road, its type of construction (e.g. gravel, concrete, asphalt), the length of the road exposed to construction traffic, and other such factors as may be deemed appropriate such as existing terrain, anticipated amounts of heavy traffic, etc.

ii.

The amount of a maintenance obligation is not expected to exceed:

(1)

$40.00/linear feet for asphalt roads or streets.

(2)

$50.00/linear feet for concrete roads or streets.

iii.

The amount of the obligation will be determined by the department of engineering and prescribed within the development review letter. Maintenance obligations must be established for at least one year or the duration of construction within the subdivision, whichever comes first.

iv.

After completion of the subdivision, and upon written request from the developer, the department of engineering may recommend releasing the maintenance obligation by written request to the department of finance.

b.

All maintenance obligations established by the department of engineering must have acceptable securities submitted to and on file with the department of finance, and no work orders will be issued until such action has been completed.

c.

Acceptable securities are required to be posted by a developer of a newly constructed subdivision development in order to ensure that monies are available, if needed, to make repairs to any existing city roads if the developer defaults on his obligations.

d.

Acceptable security, as set forth by the department of finance, to ensure fulfillment of maintenance obligations shall be:

i.

Cash, to be held in escrow by the department of finance.

ii.

Letter of credit from a financial institution with a Scheshunoff Bank Quarterly rating of C+ or above. If the financial institution rating falls below a C+ rating during the term of the obligation the City of Slidell will allow one additional quarter for the rating to rise to an acceptable level. If the rating does not rise to an acceptable level, the developer will have 15 days to provide acceptable alternative security, or the developer will be considered in default of their obligation, and the letter of credit will be called. If the financial institution's rating falls to a NR (not rated) level, the developer will have 15 days to provide acceptable alternative security, or the developer will be considered in default on their obligation, and the letter of credit will be called.

iii.

Certificate of deposit from a financial institution with a Scheshunoff Bank Quarterly rating of C+ or above. The certificate of deposit must be pledged to the City of Slidell and held with a safekeeping agreement in a safekeeping account. If the financial institution rating falls to a C during the term of the obligation, the City of Slidell will allow one additional quarter for the rating to rise to an acceptable level. If the rating does not rise to an acceptable level, the developer will have 15 days to provide acceptable alternative security, or the developer will be considered in default on their obligation, and the certificate of deposit will be called. If the financial institution's rating falls to a NR (not rated) level, the developer will have 15 days to provide acceptable alternative security, or the developer will be considered in default on their obligation, and the certificate of deposit will be called.

iv.

U.S. Treasury Bills or U.S. Treasury Notes, pledged to the City of Slidell to be held in a safekeeping account with a safekeeping agreement.

v.

Bond issued by a security company listed on the Federal Register, licensed in the State of Louisiana and acceptable to the city.

e.

The city engineer is charged with the responsibility to ensure that securities do not lapse or expire. In addition, the department of engineering shall be responsible for notifying the developer at least 90 days prior to the expiration of the obligation and further informing said parties that a public hearing will be held regarding the disposition of said obligation.

f.

The city engineer shall determine whether the developer has complied with all applicable requirements of development before any obligation can be released. In the event that developer requests or the staff recommends an extension, renewal or reduction of an obligation, the department of engineering shall have the sole authority to move on any said request.

g.

If a developer defaults and cannot, or will not, meet his obligation at or on the prescribed date and time that said obligation is due to expire, the department of engineering shall have the authority to call any outstanding security on the property in question and instruct the department of finance to seize those securities necessary to complete any maintenance obligation related to the development.

H.

Final plat application minimum criteria and requirements.

1.

Guarantee in lieu of completed improvements. After approval of detailed construction drawings, one of the following conditions must be met before a final plat can be submitted to the department of planning for processing:

a.

All required improvements have been constructed in a satisfactory manner and approved by the city engineer; or

b.

the developer requests that the planning commission accept a performance bond in an amount equal to 100 percent of the estimated cost of installation of the required improvements as estimated on current cost data provided by the project engineer, whereby improvements may be made and utilities installed without cost to the area in the event of default of the developer. Such a request must be included in the submittal of certificates required in this section.

2.

Conformance with preliminary plat. The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the developer it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this UDC.

3.

Submittal. The developer shall submit one hard copy and an electronic PDF of the final plat to the department of planning. The plat shall be drawn to a scale of one-inch equals 100 feet or larger on a tracing cloth, or paper, on file sheets either 24 × 36 inches or 18 × 24 inches in size. When more than one sheet is required, an index sheet of the same size shall be filed showing the entire subdivision with the streets lettered in alphabetical order as a key. The final plat shall show:

a.

The lines of all streets and roads, alley lines, lot lines, building setback lines, lots numbered in numerical order, reservations for easements, and any areas to be dedicated to public use or sites for other than residential use with notes stating their purpose and any limitations, all offers of cession and covenant governing the maintenance of unneeded open spaces shall bear the certificate of approval of the district attorney as to their legal sufficiency.

b.

Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, block line, and building setback line, whether curved or straight, and including true north point. This shall include the radius, central angle, and tangent distance for the centerline of curved streets and curved property lines that are not the boundary of curved streets.

c.

All dimensions to the nearest 1/100 of a foot and all angles to the nearest minute.

d.

Permanent reference monuments shall be shown thus: "□" They shall be constructed in accordance with specifications of the city engineer. All corner lot markers shall be permanently located satisfactory to the city engineer and shown thus: "O" and located in the ground to existing grade.

e.

The names and locations of adjoining subdivisions and streets and the location and ownership of adjoining unsubdivided property with addresses.

f.

Date, title, name, and location (town and parish) of subdivision, graphic scale, and true north point.

g.

Vicinity sketch map showing site in relation to area.

h.

If any portion of the land being subdivided is below the base flood elevation or within a special flood hazard area in accordance with chapter 15 of this Code, the limits of such areas shall be shown.

i.

Subdivision plats shall have a designated area thereon for annexation, ordinance number, and date.

j.

The zoning classification of the proposed subdivision and adjoining property.

k.

A written metes and bounds legal description.

l.

Warranty that all public improvements dedicated to and accepted by the city shall be warranted to be free from defects of any nature for a period of one year. The warranty period shall commence on the date the city council accepts the improvement. any defect discovered during the warranty period shall be corrected by the developer at no cost to the city.

m.

The following certificates shall be on each sheet that is filed:

i.

Certificate showing the applicant is the landowner and dedicates streets, rights-of-way, and any sites for public use.

ii.

Certification by a registered land surveyor attesting to accuracy of survey and plat and placement of monuments.

iii.

Certification by the Parish Health Officer of sewage disposal and water systems.

iv.

Certification by city engineer, or any other official or body authorized by law to act prior to the approval of the plat, that the developer has complied with one of the following alternatives:

(1)

Installation of all improvements in accordance with the requirements of these regulations and the detailed construction plans with city engineer inspection.

(2)

Posting of a performance bond in sufficient amount as to assure such completion of all required improvements and detailed construction drawings as approved by the city engineers. Any bond shall be submitted with the plat a certificate of the city attorney as to the sufficiency of the bond offers. (Usually 100 percent of the estimated contract amount.)

v.

Certification of approval to be signed by the chairman of the planning commission.

4.

Planning commission. The planning commission shall approve or disapprove a final plat within 60 days after its submission, which is the planning commission meeting date where the request is first heard. Should the applicant request the case be deferred, the submission date shall be the date of the next meeting where the case is heard. If the plat is disapproved, the grounds for disapproval shall be stated in writing in the planning commission's meeting minutes.

I.

Acceptance of infrastructure for city maintenance.

1.

Inspection. Before the city can accept infrastructure and provide for its continued maintenance, the city engineer must inspect all improvements and acknowledge in writing to the city council when all infrastructure has been completed and is performing in accordance with the standards of this UDC. In order to complete this process, the city engineer or his representative(s) shall at all times have access to the site for infrastructure installation.

2.

Acceptance. the city council, after approval by the city engineer, will accept for maintenance all improvements provided a one-year maintenance bond in an amount not less than ten percent of the total construction cost of said improvements has been posted.

3.

Owner's responsibility. Until one year after the acceptance and approval of the work by the engineer or by the city, the entire work shall be at the owner's risk and he shall be bound to repair any defects therein discovered within such one-year period.

4.

Ordinance. the city attorney shall prepare an ordinance describing subdivisions to be accepted by street name and length and, the city council shall only accept improvements by ordinance.

J.

Final plat recordation. Recordation of the final plat shall allow the sale of lots within the City of Slidell when such recordation is completed in accordance with this section.

1.

Upon approval of the final plat, the developer must submit a final hard-copy and electronic PDF of the approved plat, with any corrections and/or changes required by the planning commission designated thereon, to the department of planning. The department of planning shall collect a fee as listed in appendix F of this Code from the applicant upon submission of the plat.

2.

The department of planning shall make seven final, original, hard-copies of the final approved plat and obtain the signatures of the city engineer, planning commission chairman, the president of the city council, and the mayor on the final hard-copy of the final plat.

3.

The director of planning, or in the absence of the director of planning, the city planner shall have the plat duly recorded in the Office of the Clerk of Court of St. Tammany Parish, Louisiana, within ten working days of the date on which the required fees have been collected, not counting the day on which the fee was received.

4.

Following the recording of the final plat, the department of planning shall distribute the final, original, hard copies of the recorded plat, which shall show all signatures and the file number of the Clerk of Court, as follows:

a.

One original, signed plat shall be provided to the St. Tammany Parish Clerk of Court's Office.

b.

One original, signed plat shall be provided to the St. Tammany Parish Tax Assessor's Office.

c.

One original, signed plat shall be provided to the city department of building, safety, and permits.

d.

One original, signed plat shall be provided to the city department of engineering.

e.

One original, signed plat plus the electronic PDF shall be retained by the city department of planning.

f.

Two prints shall be mailed to the developer by U.S. Certified Mail, return receipt requested, and the signed receipt showing that delivery of the signed plats was accomplished shall be made a part of the permanent record of the subdivision. If the subdivider desires additional prints of the recorded final plat, they may be obtained from the department of planning for a fee.

g.

If the return receipt is not received within 30 calendar days of the date of mailing of the copies, the department of planning shall notify the developer, verbally or in writing, and two additional copies of the recorded, signed final plat shall be mailed the developer by U.S. Certified Mail, return receipt requested, and these actions shall be noted on the permanent record of the subdivision. This procedure shall be repeated until a signed return receipt has been received by the department of planning.

5.

Failure by the subdivider to pay the required fees in accordance with this Code within 30 days after approval of the final plat, the developer having been duly notified of the approval, shall render the final plat null and void and the developer shall be so notified by the department of planning by U.S. Certified Mail, return receipt requested. This action shall be so noted on the permanent record of the subdivision request.

6.

If approval of the final plat is contingent upon an agreement to be effected after discussion between the developer and any department of the City of Slidell and such agreement is not reached or is not expected to be reached within the 30-day period, the planning commission may, but does not have to, extend, once only, the final date on which the developer must pay required fees to avoid the final plat becoming null and void by not more than 30 days, upon a favorable vote on such action by a majority of the authorized membership of the commission in legal session convened.

K.

Enforcement and penalties for violations of subdivision procedures and regulations set forth in article 10 of this UDC.

1.

Authority. The enforcement of the city subdivision regulations established in article 10 of this UDC and associated penalties for the unapproved recordation or transfer of land is established herein in accordance with state law.

2.

Enforcement and penalties.

a.

Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to transfer or sell any land by reference to or exhibition of or by other use of a plat of a subdivision before such plat has been approved by the planning commission and recorded and filed in the Office of the Clerk of Court of St. Tammany Parish, shall make the instrument of transfer subject to compliance with laws, ordinances, and regulations relative to the development of subdivisions.

b.

Whoever being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to sell any land by reference to or exhibition of or by other use of a plat of a subdivision, before such plat has been approved by the planning commission and recorded or filed in the Office of the Clerk of Court of St. Tammany Parish, without making the instrument of transfer subject to compliance with laws, ordinances and regulations relative to the development of subdivisions, shall pay a penalty of $500.00 for each lot or parcel so transferred, sold, 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. The city may enjoin such transfer or sale or agreement by suit for injunction brought in any court of competent jurisdiction or may recover the penalty by a civil action in any court of competent jurisdiction.

3.

Improvements and unapproved streets. The city shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or authorize to be laid, any water mains, sewer or utility connections in any street within any portion of territory for which the planning commission has adopted a major street plan except as provided for under Louisiana Act No. 139, of 1956, and R.S. 33:115, as amended.