ARTICLE I


IN GENERAL


SEC.

20-001.00 Closing, Abandoning, Revoking Dedication Of Streets, Roads


(A) Definitions

Abandonment shall mean any parish road, street or alley, opened or unopened, which cannot or should not be maintained because the expenses thereof cannot be justified or because same is no longer needed for public use. In such a case, the property shall revert back to the property owners on each side of the abandonment from the centerline of the street as prescribed by statutory law.

Closings shall mean that the street, road or alley or portion thereof is no longer needed for public use at that particular time, upon the review and findings of fact [by] the St. Tammany Parish Planning Commission and St. Tammany Parish Police Jury. Said street, road or alley may be declared private and therefore restricted in use and maintained in common by the private property owners abutting said street, road or alley. Closings may be declared by ordinance for an indefinite period of time or reviewed on an annual basis for reconsideration.

Parish Road Maintenance System for the purposes of this section means those roads, streets and alleys which have been placed on a roster or list as adopted by the Police Jury by ordinance, signifying that said roads, streets and alleys are to be maintained by the Parish Department of Public Works.

Revocation shall mean the surrender of any rights, titles and interests by the parish in any public road, street or alley and the improvements thereunto.

St. Tammany Parish Planning Commission is an extension of and creation of the St. Tammany Parish Police Jury, in which said Commission initially reviews applications for abandonment, closings or revocations.

Street, Road or Alley for the purposes hereof, shall mean any public way set aside for public use and travel which was dedicated to or acquired by the parish to provide means of access to abutting property. It is not necessary that any formal act of acceptance should have occurred, and it is immaterial whether or not said street, road or alley has ever been opened, used or accepted into the parish road maintenance system. For the purposes herein, the words "street", "road" and "alley" may be used interchangeably.

(B)    Application Requirements:    An application must be filed with the Department of Development to initiate either the closing, abandonment or revocation of any parish street, road, or alley. Said application shall contain the following information:

(1)    A cover letter (typed) indicating whom is requesting the abandonment, closing or revocation; the full name, mailing address and phone number of the applicant, and the reasons for submission of an application.

(2)    Notarized letters of no objection (typed) shall be obtained by the applicant from all current property owners whose property abuts the street, road or alley which is intended to be abandoned, closed or revoked. For the purposes of this ordinance, "abutting" shall mean property immediately adjacent to or at the start or end of.



(a)    Said notarized letters must contain the names and addresses of those property owners whose property abuts the street, road or alley intended to be abandoned, closed or revoked.

(b)    If a notarized letter cannot be obtained from an adjacent property owner for reasons unknown, the Parish shall contact said owner to solicit a response as to their failure to submit and sign said letter. If said owner does not respond to the Parish solicitation within ten (10) days after being contacted, the applicant shall be released from their obligation to supply said notarized letter of no objection.

However, if the owner does respond and indicates (in writing) that they have or will have a valid use of the street, road or alley that abuts their property; and if the Planning Commission, upon review of the facts regarding said response is substantiated, said application for abandonment, closing or revocation shall be dismissed from the docket and hence from any further consideration.

(3)    Five (5) blue line or black line prints of a bona fide survey containing measurements, degrees and bearing cells. Inclusive of the plotting of all utilities located on the street must be obtained. Said survey must be certified by a state registered engineer or land surveyor and stamped with an official seal. (Amended by Ord. No. 94-2025, adopted 07/21/94)

(a)    Signature lines shall be placed on the survey for signatures by and for the Police Jury President, Chairman or Secretary of the Planning Commission, Chairman of the Public Works Committee, Parish Engineer, Clerk of Court, date and file number.

(4)    A legal description (typed) describing the boundaries of the property to be abandoned, closed or revoked shall be submitted with the required survey.

    (5)    Notarized letters of no objection (typed) shall be obtained by the applicant from all utilities whose facilities are located in the Parish street, road or ally which is intended to be abandoned, closed or revoked. (Ord. No. 94-2025, adopted 07/21/94)

    The aforestated application requirements shall be presented to the Planning Commission for its review and consideration. The Planning Commission shall make a formal recommendation to the Police Jury at the earliest practicable date regarding the application request. Should the Planning Commission recommend closing, abandonment or revocation, same shall be transmitted to the Secretary of the Police Jury for he or she to initiate the review thereof by the Police Jury. Should the Planning Commission deny the application, the same procurement shall apply; however, a vote of two-thirds of the Police Jury membership (9 votes) shall be required to reverse the recommendation from said Planning Commission.

(C)     Public Notice

(1)    Applications which are received for abandonment, closing or revocation shall be advertised in summary form in the official parish journal once a week for three (3) consecutive weeks prior to the meeting of the Planning Commission, declaring that said property may no longer be needed for public purposes.

(2)    Public notice sign(s) shall be posted on or in the immediate vicinity of the property proposed for abandonment, closing or revocation at least ten (10) days prior to the initial

hearing date of the Planning Commission. Said sign(s) shall contain an accurate statement of what action is being requested as well as indicate the date, time and location of the initial public hearing.

(D)     Ordinance Provisions

(1)    All streets, roads or alleys declared by the parish governing authority as abandoned, closed or revoked shall be procured by separate ordinance.

(2)    All transfers of real property disposed of by the parish shall Include a general provision within the ordinance that all mineral rights shall be retained [by the Parish], unless otherwise specifically noted within said ordinance by act, agreement of placation.

(3)    The ordinance may include provisions by which the Parish shall retain servitudes or easements for future use relative to utilities and drainage.

(4)    The ordinance shall stipulate whether the property was disposed of by a private cash sale or by reversion as prescribed by statutory law.

(E) Method of Disposal of Immovable Property

(1)    Subsequent to the St. Tammany Parish Police Jury adopting an ordinance to abandon, close or revocate a street, road or alley as set forth in subsection (D), the parish may initiate the sale of said property through procurement of the following:

(a)    The parish shall commission an appraisal of the property to be conducted by a certified appraiser to determine the fair market value of said property. An appraiser shall be chosen by the Director of the Department of Development at the applicant expense. Said applicant shall be required to remit a deposit in the amount of at least two-hundred fifty dollars ($250.00) in order for the appraisal to be procured.

(b)    After the appraisal has been procured and the fair market value of the property determined, the property shall then be offered for sale to the applicant through means of a private cash sale as permitted by statutory law. All sales of disposed property are final and will become effective upon the recordation of the sale and corresponding Ordinance adopted by the St. Tammany Parish Police Jury.

(c)    The Police Jury President shall have the exclusive authority to execute the sale, transfer or exchange of any immovable property for fair compensation.

(d)    If the applicant decides not to purchase the property for whatever reasons, the St. Tammany Parish Police Jury shall rescind their approval for abandonment, closing or revocation by separate ordinance.

    (2)     Utility Servitude.    All transfers of the real property hereunder, when so ordered, shall reserve a servitude allowing the continued existence, maintenance and operation of any existing electric, gas, telephone and/or cable facilities under terms reasonably accepted to such utility(s). (Ord. No. 94-2025, adopted 07/21/94)         


        (F)     Reversionary Rights:    Streets, roads or alleys shall be returned to the applicant free of any encumbrances upon completion of the abandonment, closing or revocation process if one of the following conditions are applicable:

(1)    The property has not been in the control of the Parish by either formal or tacit dedication or maintenance for a period of at least ten (10) years; or

(2)    The applicant is the original grantor of the property or one of the heirs or legatees of whom granted said property to the Parish for public use.

    In the event that Section F.(1) is applicable, statutory law requires that property that is revocated shall revert to the present owner or owners of land contiguous thereto, up to the centerline of the property thereof.

(G)     Fees:    A fee of one-hundred and fifty dollars ($150.00) shall be submitted for each application received. One-hundred and twenty-five dollars ($125.00) shall be retained by the Department of Development for administrative and recordation costs and twenty-five dollars ($25.00) shall be remitted to the Clerk of the Police Jury to offset the cost of publication.

(Ord. No. 295, Bk. 5, P. 26; Ord. No. 81-263, adopted 09/17/81; Ord. No. 84-45, adopted 03/15/84; Ord. No. 85-422, adopted 06/20/85; Ord. No. 87-851, adopted 08/20/87; reenacted and amended Ord. No. 93-1700, adopted 02/18/93; amended by Ord. No. 94-2025, adopted 07/21/94)

STATE REFERENCE: LSA R.S. 48:713

SEC.

20-002.00 Cutting Or Disturbing Road Surfaces


    It shall be unlawful to cut or disturb Parish road surfaces for the purpose of laying gas, water or other pipes, or for any other purpose whatever, without prior approval of the Police Jury. (Ord. No. 241, Bk. 4, P. 168)

CROSS REFERENCE: See Chapter 21, Article I entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 through 21-008.00 of this Code of Ordinances.

SEC.

20-002.20 Herbicides Prohibited


    It shall be unlawful for any person, group, company, corporation or organization to apply, use, or incorporate the use of any herbicide, including but not limited to, those registered with and/or approved by the U. S. Environmental Protection Agency or the Louisiana Department of Agriculture and Forestry, for the management, control, eradication or maintenance of weeds, grass, trees, shrubs, foliage, vegetation or other natural growth in any parish right-of-way, ditch, servitude, drainage area, roadside, road shoulder, green area, buffer zone, waterway, neutral ground or median in the unincorporated areas of St. Tammany Parish. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1789, adopted 08/19/93)
CROSS REFERENCE: See also in Sections 11-066.00, .01, .03, and 11-066.05; See also in Sections 15-005.00, .01, .03, and 15-115.05.

SEC.

20-002.21 Definitions


    a) Herbicide: Any substance, chemical, toxic, element or composition thereof, commonly or professionally known, identified as, or used, for the purpose of destroying, eradicating,

eliminating, killing, stunting or preventing weeds or the growth thereof. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

    b) Parish rights-of-way, etc.:

        1)     Right-of-Way: Any public way, street, road, alley, easement, servitude or access, which was dedicated to or acquired by the Parish to provide means of access to abutting properties; whether paved, improved or unimproved, including those areas dedicated for proposed or future uses.

        2)     Ditch: Natural or dedicated area which provides for the containment or flow of water from rain or adjacent drainage areas or waterways such as streams, creeks, ponds, lakes or rivers.

        3)     Servitude: A right-of-way through or across property belonging to another.

        4)     Easement: A designated right to use the property of another for specific purpose, i.e., drainage, utility easement.

        5)     Drainage Area: Area maintained for the purpose of channeling or preventing accumulation of water from surrounding land.

        6)     Roadside/Road Shoulder: Natural or dedicated areas which are parallel, contiguous to, abut, adjoin, border, edge, connect or approach any public right-of-way, road, street or highway.

        7)     Median/Neutral Ground: The area dividing or separating a roadway and not used for right of passage.
(Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

CROSS REFERENCE: See also Sections 11-066.00, .01, .03, and 11-066.05; See also in Sections 15-005.00, .01, .03, and 15-115.05.

SEC.

20-002.22 Exemptions


    Exempt herefrom are hand held manual pump sprayers up to a maximum three (3) gallon capacity. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93-1832, adopted 10/21/93)

CROSS REFERENCE: See also Sections 11-066.00, .01, .03, and 11-066.05; See also in Sections 15-005.00, .01, .03, and 15-115.05.

SEC.

20-002.23 Violations; Penalties


    A violation of the provisions of this article [Division] shall constitute a misdemeanor and shall be punishable under Section 1-008.00 of the Code of Ordinances of St. Tammany Parish. For each day a violation occurs, the same shall constitute a separate offense regardless of whether said violation is of a continuing nature. (Ord. No. 853, adopted 07/20/78; amended by Ord. No. 93- 1832, adopted 10/21/93)

CROSS REFERENCE: See also Sections 11-066.00, .01, .03, and 11-066.05; See also in Sections 15-005.00, .01, .03, and 15-115.05.


SEC.

20-003.00 Police Jury Approval Required Prior To Construction Of Roads For Public Use


    It shall be unlawful for anyone to commence construction on any road that may be intended for future unrestricted public use without prior approval of the Police Jury. (Ord. No. 256, Bk. 4, P. 395)

CROSS REFERENCE: See Appendix B entitled "Subdivisions generally, specifically Sections 40-010.2, 40-010.12 - 40- 010.19, Section 40-010.21, Sections 40-010.23 - 40-010.26, Section 40-032.0 - 40-032.4, all of Section 40-040.00 relating to "Procedures" in general for Subdivisions, Section 40-042.0 and Section 40-042.6 of this Code of Ordinances.

SEC.

20-004.00 Road Maintenance


    It shall be unlawful for Parish forces to perform work within any right-of-way, road, street, etc. that is not a part of the St. Tammany Parish Selective Road Maintenance System Inventory. In order for the Police Jury to accept a private road, excluding subdivisions, into the St. Tammany Parish Selective Road Maintenance System Inventory, same shall be by Ordinance and only after the following requirements are met.
(Ord. No. 98-2893, adopted 6/18/98)

CROSS REFERENCE: See Appendix B entitled "Subdivisions" being Chapter 40, Section 40-042.07, entitled "Letter of Credit"; also see Section 40-044.00 entitled "Acceptance of Streets into the Parish Road System" all of this Code of Ordinances. See also Chapter 21, Article I entitled "Performance Standards for Developments with Central Sewage and/or Water Facilities", Sections 21-001.00 through 21-008.00.

SEC. 20-004.01 Accepting Private Roads, Excluding Subdivisions, into the Parish Selective Road Maintenance System Inventory

    A.     Initial / Preliminary
    
    A letter must be signed by all of the property owners involved stating their intentions to dedicate and construct a right-of-way to parish specifications. The letter shall be addressed and sent to the Parish Engineer and shall include the following:

        1)     That the right-of-way to be dedicated shall be a minimum of sixty (60) feet.

        2)     That the right-of-way must serve two (2) or more individual legal parcels of land, defined as follows:
        
            a.    A road becomes eligible when it serves two or more property owners. A property owner is not served by a road if there are no entrances to his/her property from subject road. An entrance onto the properties must exist and be used on a continuing basis by the property owners.
    
        3)     That applicant agrees to comply with all the parish, state, and federal laws.

        4)     That the roadway will be constructed to parish standards and the surface shall be consistent with that of the public road off which it runs, as follows:
    
            a.     Roadway construction shall conform to the standards established as per the “State of Louisiana Department of Transportation and Development Standard Specifications for Roads and Bridges (Silver Book, 1992 edition, or latest edition thereto).


            b.     Minimum right-of-way standards shall include a width of sixty (60) feet and a road surface width of twenty (20) feet with four (4) foot shoulders and ditches at 2 ½ : 1 slope grade.

            c.     The road base shall consist of a minimum of six (6) inches of sand-clay-gravel or an approved equivalent, and a surface treatment minimum of four (4) inches of gravel for gravel roads, and a minimum of two (2) inches of asphaltic concrete for hard- surfaced roads, depending upon test results.

            d.     The test of base materials must indicate 95% Standard Proctor or better.

            e.     U.S. Army Corps of Engineers wetlands approval must be obtained either by a letter from the Corps stating that the right-of-way is not subject to jurisdictional wetlands requirements or by the applicant's submission of an approved Section 404 permit and/or an approved Section 10 permit.

            f.     A survey plat and process verbal legal description for the right-of-way.

            g.     Documentation for drainage and road design with soil borings must be submitted for review and supplied by a licensed civil engineer.

            h.     Must indicate if land clearing is required. If required, all vegetation, tree stumps, and organic matter must be removed from the site.

            i.     The applicant shall be required to submit a traffic signage plan for the purpose of providing proper traffic signage. Traffic signage plan specifications shall be in accordance with “Street Identification and Traffic Control Signs; Installation Regulated”, as depicted in the supplemental section of the St. Tammany Parish Subdivision Ordinance No. 499, and all signs must be in place prior to obtaining final approval.

        5.     The applicant shall submit a “Naming of Road Form” (attached) indicating 3 choices of road names, the same of which must be approved by the 911 Addressing Office.

    B.    Construction

        Upon receipt of the letter of intent and support documentation to the Department of Engineering, same shall be reviewed and if acceptable, a work order will be issued to begin construction.

        1.    Responsibility for on-site inspection shall be that of the applicant to retain a registered civil engineer, to provide for on-site inspections and observation during all construction activities, including those contingent herein and drainage. Said engineer shall provide periodic inspection reports to the Department of Engineering for review and filing. These inspection reports are required on a weekly basis. The engineer is to advise the Department of Engineering whenever major phases of the work commences, so that Parish inspectors may observe as necessary.

    C.    Final Acceptance

        1.     Warranty Obligation - Upon completion of all construction activities and a final inspection of the Department of Engineering, the governing authority may impose on said streets sought to be accepted into the Parish Selective Road Maintenance System a maintenance (warranty) letter of credit which shall be in an amount to be fixed by the governing authority based on the recommendation of the Parish Engineer and shall be of a term of not less than one (1) year.

        2.     Upon the setting of the warranty obligations by the governing authority, the applicant(s) shall place the required funds or other sureties with the Department of Finance.

        3.     The amount of the warranty obligations set by the Department of Engineering shall be based on the standards established in Section 40-071.01 Warranty and Performance Obligations, Subdivision Regulatory Ordinance No. 499.
        
        4.     The warranty obligation will be released by resolution of the governing authority upon satisfactory inspection by the Department of Engineering and submission of the following documents by the applicant(s).

            a.     A notarial act of dedication shall be signed by each person or group of persons who wish to dedicate to the Parish the portion of the right-of-way that crosses their property. Said act shall be prepared in a legally binding format by a notary public and submitted to the Department of Engineering.

            b.     A title insurance policy in favor of St. Tammany Parish on the caption of the property to be dedicated. (Ord. 99-3180, adopted 10/21/99)

            c.     A survey and proces verbal legal description of the right-of-way to be dedicated, prepared by a Louisiana licensed surveyor, must be provided to the Parish.

    D.    Inclusion into Parish Selective Road Maintenance System Inventory

        1.     Upon the release of the warranty obligation, the Department of Engineering shall inform the Department of Public Works that said right-of-way meets parish road specifications.

        2.     The Department of Public Works shall create an ordinance for the governing authority to adopt accepting said right-of-way into the Parish Selective Road Maintenance System Inventory.

        3.     Upon the adoption of the ordinance by the governing authority, the parish shall assume full ownership and responsibility for the right-of-way and the applicant(s) shall be released from any further obligations, requirements, or conditions.

    E.    Exemption

    Any provision herein may be waived by a 2/3 vote of the governing authority provided that applicant(s) submits documentation adequate to support the request for waiver.

SEC. 20-004.02 Tacit Dedications of Roads/Streets

    Tacit dedication as defined in R.S. 48:491 B is quoted, “All roads and streets in this state which have been or hereafter are kept up, maintained, or worked for a period of three years by

authority of a parish governing authority within its parish ......shall be public roads or streets, as the case may be, if there is actual or constructive knowledge of such work by adjoining landowners exercising reasonable concern over their property.” As of 1984, the Police Jury has not authorized maintenance on any road not listed in the Selective Road Maintenance System. An Attorney General Opinion given in 1984 states that whether a road is a public road cannot be determined by listing the users. Example: A private drive does not become a public road simply because it is used by mail carriers, school busses, etc. A road becomes eligible when it serves two (2) or more property owners. A property owner is not served by a road if there are no entrances to his/her property from subject road. An entrance onto the properties must exist and be used on a continuing basis by the property owners. No employee of St. Tammany Parish has the authority to maintain any road not currently in the maintenance system.

    As of June 30, 1989, all roads listed in the St. Tammany Parish Selective Road Maintenance System Inventory and listed on the road inventory are designated as Public Roads. Any road petitioned for acceptance after this date, be they expressed or implied (Tacit) dedication, will conform to this Policy. (Ord. No. 89-1133; adopted 08/17/89; amended by Ord. No. 98-2893, adopted 6/18/98; amended by Ord. No.99-3180, adopted 10/21/99)

SEC.

20-005.00 Culverts


    D.     Definitions

        1.     Person as herein used shall include any individual or individuals, and any firm, association, partnership or corporation, or any legal entity.

        2.     Road as herein used shall include any highway or street in the Parish Road Maintenance System whether paved, improved or unimproved; the term shall include dedicated rights-of-way for proposed and/or future roads.

        3.     Drainage as herein used shall include flow areas or ditches be they natural or dedicated.

        4.     Special purpose as herein used shall include any need for construction which allows for housing or enclosures requiring a culvert necessary to provide for the flow of water.

        5.     Exemption or exempted as herein used includes any person or installation to which this Section does not apply; provided, however, that this Section shall not be construed to relieve or release any person from driveway permit requirements under State Law as pertains to installations for ingress or egress to State Highways or State roads.

        6.     Gas station as herein used includes any site where fuel pumps or islands containing such fuel pumps are used or employed to sell or dispense gas, oil, lubricants, liquid or bottled, at wholesale or retail.

        7.     Store shall include any wholesale or retail commercial establishment offering any commodity or wares for sale, or which may be dispensed therefrom with or without charge.

        8.     Department of Engineering shall be said department in St. Tammany Parish as presently created, or as hereafter may be reorganized, merged or consolidated and any successor Parish agency thereto.


        9.     Culvert shall be a device, of whatever shape or contour, designed to be covered with earth, shell, gravel or any overlay of whatsoever nature or kind, the purpose of which, in size, diameter and strength is to provide safe traverse there over and to accommodate drainage, natural or dedicated, with the least impedance thereto.

        10. Grade shall be that incline or slant longitudinally or latitudinally, as determined by a transom or other device to allow for ramp purposes as well as to ensure the flow of water in the ditch which is traversed; for the purposes hereof, it shall further include the depth at which the culvert is to be installed.

        11. Drive-in theater shall mean an outdoor theater with an outdoor screen which provides for ingress and egress from a Parish roadway.

        12. Entrances which generate heavy traffic as used herein shall include, but not necessarily be limited to, such commercial or noncommercial establishments, amusement parks,     and/or buildings and/or ventures which generate vehicular traffic of such high proportion     and count that the entry to or exit from same constitutes traffic hazards, dangers or     slowdowns.

    B.     Permission for culvert and driveway required if private property to be connected to Parish road. That in all cases where a culvert is to be installed and/or a driveway constructed between private property and a Parish owned and/or Parish maintained roadway, application for approval of the driveway shall be submitted to the Department of Engineering who shall determine that the driveway meets current roadway and traffic safety standards and conforms to existing drainage requirements for the area. A violation of this provision shall be deemed a public safety hazard and, in addition to any other enforcement actions and/or penalties, the Parish has authority to institute appropriate and immediate court proceedings to restrain, correct, or abate such violation through the issuance of a temporary restraining order and in due course, a preliminary and permanent injunction.

    Exemption: Department of Engineering review of culvert verification under the Parish Building Permit process shall suffice in lieu of this requirement.

    C.     Installation standards and specifications. All culverts shall be purchased and installed by the landowner or person required to install same in conformity with the following:

        1.     The driveway or approach is for the bona fide purpose of securing access to private property and is not for the purpose of parking or servicing vehicles on the road shoulder or right-of-way.

        2.     All driveways, approaches or other improvements on the right-of-way, after having been constructed, shall at all times be subject to inspection and the right is reserved to require such changes, additions, repairs and relocations to be made as may at any time be considered necessary to permit the relocation, reconstruction, widening and maintaining of the highway and/or road and/or to provide proper and safe protection to life and property on or adjacent to the roadway; that the cost of making such changes, additions, repairs and relocations shall be borne by the property owner.

        3.     No driveway, approach or other improvement constructed on the right-of-way shall be relocated or its dimensions altered without the written permission of the Department of Engineering.

        4.     The property owner agrees to hold harmless the Parish of St. Tammany, the Department of Engineering, and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this Section.

        5.     The location, design and construction of the driveway or driveways described above shall be in accordance with the following rules and regulations:

            a.    The frontage of any parcel of property adjacent to a public road shall be considered to be confined between lines drawn from the intersection of the property lines with the right-of-way lines of the road to the roadway surface or to the curbing, if any, and perpendicular to the axis of the road; or if the axis is a curve, to the center of curvature; or a combination of the two (2). Those lines shall be known as boundaries.

            b.    Generally no more than two (2) combined entrances and/or exits shall be allowed any parcel of property the frontage of which is less than two hundred (200) feet. Additional entrances or exits for parcels of property having a frontage in excess of two hundred (200) feet shall be permitted only after showing of actual convenience and necessity. When frontage is fifty (50) feet or less, only one combined entrance and exit shall be permitted.

            c.    All culverts positioned within the drainage system shall be constructed of concrete, bituminous coated corrugated metal (16 gauge minimum) or plastic in accordance with Louisiana Department of Transportation and Development Standard Specifications for Roads and Bridges (Silver Book, 1992 Edition or latest edition thereto).

                The minimum length of any culvert installed shall be as follows:

                 Residential -    20 feet             Commercial - 30 feet

                Any culvert installed shall be required to provide an adequate turning radius , to protect the integrity of the culvert and drainage structure.
                The area between driveways shall remain unimproved and open for drainage flow. This area shall be considered restricted and may be filled only as hereinafter provided.

            d.    The distance between the inner edges of entrance and exit shall be not less than ten (10) feet where they intersect either the right-of-way line or the road surface.

            e.    No entrance or exit shall be so constructed that any part of such entrance or exit shall be less than five (5) feet from the boundaries as defined above.

            f.    The grade of entrance and exit shall slope downward away from the road surface at a rate of not less than one-quarter (1/4) inch in one foot or not more than one inch per foot for a distance of not less than ten (10) feet; provided, that when curbing or curb and gutter is removed, the entrance and exit shall be constructed of concrete and the grade of entrance and exit shall conform to the grade of sidewalks, if any, and a neat junction between the apron of the entrance and exit and the sidewalk

shall be made. The curbing shall be returned into the entrance and exit on a radius of not less than three (3) feet nor more than fifteen (15) feet.

            g.    The construction of parking areas on the road right-of-way is specifically prohibited. Those places of business requiring parking space for their customers shall provide same on their own premises.

            h.    No driveways parallel to the road shall be constructed on the right-of-way in front of gasoline pumps or other structures requiring an outside drive. Such pumps and structures are to be located a minimum distance of ten (10) feet from the right-of- way line in order that the outside drive shall not encroach on the right-of-way. (A fifteen-foot setback is recommended.)

            i.     Drainage in highway side ditches shall not be altered or impeded and the applicant must provide, at his expense, suitable and approved drainage structures at entrances and exits.

            j.    The same material may be used for driveways that is used to surface the premises unless the character of traffic or adjacent improvements require concrete.

            k.    All entrances and exits shall be so located that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the road in order to maneuver safely and without interfering with traffic.

            l.    No entrance or exit at the intersection of two (2) Parish roads shall be within the area between lines drawn perpendicular to the center line, or axis, of the road from points on the right-of-way lines, a distance of twenty-five (25) feet from the intersection of said right-of-way lines; provided, that this distance may be reduced at the discretion of the Department of Public Works to fifteen (15) feet in the case of a roadway intersecting a street; further provided that no part of any entrance or exit be within the radius of any intersecting highway or street; further provided that at intersections where additional right-of-way has been secured for the roadway back of the prolongation of the normal right-of-way lines in order to provide for the channelization of traffic, or more adequate sight distance, no part of any entrance or exit shall be permitted to encroach on such additional right-of-way. The areas described above shall be considered as restricted and may be filled only as hereinafter provided.

            m.    No entrance or exit at or near a roadway intersection where one or both of the roadways has a median divider or neutral ground, at crossings in esplanades, at bridges or other points of special hazard, shall be so located that any part of such entrance or exit shall be within the following restricted areas:

                i.    Those portions of the right-of-way shown as restricted areas on the Department of Engineering (or State Highway Department) standard drawings of approaches and restricted areas which may be secured by a person at his expense as required.

                ii.    Those portions of the right-of-way that, because of their proximity to special traffic facilities, any entrance or exit constructed thereon would, in the opinion of the Department of Engineering, constitute an undue delay and confusion.



            n.    The area between entrance and exit, and those portions of the right-of-way which have been defined hereinabove as restricted areas, may be filled in only when the following requirements have been fully complied with, and upon adoption of a resolution by the governing authority.

                i.     Letter addressed to the Parish Engineer requesting permission to enter the parish right of way for the purpose of installing subsurface drainage.

                ii     Drainage design of the subsurface system certified by a licensed Louisiana State registered Engineer. The following design criteria must be satisfied:

                    (a)     Drop inlets must be constructed for every fifty (50') feet of pipe.

                    (b)     Largest pipe that can fit in existing ditch must be used for design, including the driveway culvert.

                    (c)     Surface drainage shall be provided so that all surface water on the filled-in areas shall be carried away from the roadbed in a suitable manner. The drainage opening underneath the filled-in area shall be adequate to carry the water in the roadway side ditches.

                    (d)     Elevations, top of casting and pipe inverts must be shown on the drawings to demonstrate compliance with the given design criteria.

                iii     Signed and notarized Hold Harmless agreement.

                iv     Copy of liability insurance coverage naming the Parish as an insured party.

            o.    Data relative to the proposed location, relocation, design and construction of driveways as may be required by the Department of Public Works shall be furnished by the applicant. The applicant shall make any and all changes or additions necessary to make the proposed driveways or approaches satisfactory to the said Department.

            p.    Signing for warning and protection of traffic in instances where excavations are made in the shoulder of the roadway, or in the roadway surfacing, or where workmen, equipment or materials are in close proximity to the roadway surfacing, shall be in accordance with requirements set forth by the Louisiana Department of Transportation & Development (LA DOTD) Manual on Uniform Traffic Control Devices (MUTCD).

            q.    Drive-in theaters and other enterprises which generate heavy traffic:

                i.    All applications for entrance and exit facilities to drive-in theaters, as well as to any other enterprise which generates a heavy concentration of traffic, shall be accompanied by a plan drawing and an area sketch drawn to scale.

                ii.    The position of the screen is to be such that the picture is not visible from the main roadway.

                iii.    The ticket office is to be located so as to provide a storage area between it and the right-of-way line for an equivalent of fifteen (15) percent of the rated vehicle capacity of the theater. The total storage area inside and outside of the ticket office shall be the equivalent of thirty (30) percent of the rated vehicle capacity of the theater. The parking or storage of vehicles on the road or within the limits of the road right-of-way will not be permitted.

                iv.    The entrance and exit shall be clearly defined by signs installed off the road right-of-way.

                v.    Manual control, either by deputized officers of the Sheriff's Department or by theater personnel off the roadway, shall be used at the exits to regulate traffic when the theater is emptying. Undue delay to through traffic on the road will not be permitted.

    D.     Interpretation.

        1.    Nothing herein shall be construed to create, cause or place in St. Tammany Parish, nor in any of its officials, agents, servants or employees, any liability or responsibility for any claim for personal injury or property damage or whatsoever, save and except as a direct result of their actionable negligence.

        2.    Nothing herein shall be construed as estoppel or prohibition against any removal or realignment of any culvert(s) installed hereunder as may be from time to time required by the Parish; nor shall same prevent, release, prohibit or hinder any action by the Parish which may be required to enforce the provisions of this Section, or as same may be hereafter amended, or for any injunctive relief or damages and costs.

        3.    Any installation which is ordered to be removed or realigned by the Parish Engineer shall be at the sole expense of the property owner or the person installing same, or to their successors in title and any, each, and every culvert installation, whether or not a permit is required, shall be at the sole risk of the property owner or installer. This removal or realignment shall include repair of any damage or disturbance caused to the road ditch or shoulder.

    E.     Violations; penalties.

        1.    It shall be unlawful and shall constitute a Misdemeanor punishable as is included in Section 1-008.00 of the Code of Ordinances of St. Tammany Parish (and each and every day of violation shall constitute a separate offense) to violate any of the provisions of this Section.

        2.    It shall be similarly unlawful and punishable for any Parish employee to singularly or in concert with others violate or aid and abet or conspire with any other person or persons to violate any of the provisions hereof. It shall also be illegal for any Parish employee to specify or direct any person installing culvert(s) to a particular manufacturer, retailer, wholesaler or installer of culvert, pipe, and/or surface materials; or to use Parish equipment or materials in the preparation for, installation of, or surfacing of culverts other than that required in performance of their inspection duties.

        3.    Additionally, any Parish employee who violates any of the provisions hereof shall be subject to dismissal from Parish employment.
(Ord. No. 98-2893, adopted 6/18/98; amended by Ord. No. 99-3069, adopted 5/20/99)

SEC.

20-006.00 Obstruction Of Roads Or Bridges


    A.     It shall be unlawful for any person to place, load or unload, pile or stack, any wood, logs, timber, concrete washout, building debris, fill, gravel, sand, port-o-lets, dumpsters, equipment, fences, plant vegetation, or other obstruction upon the shoulder, ditch, or road or bridge, or any part of the Parish roads or bridges or to obstruct in any other manner any Parish road, bridge, shoulder or drainage structure.

    B.     In addition to any enforcement actions established by this Code, the Parish has the authority to take any administrative action necessary, inclusive of placing holds on building permits and/or inspections, to rectify the violation and obtain restitution for same. (Ord. of 7/10/1900; Ord. of 12/8/25; amended by Ord. No. 96-2500, adopted 09/19/96; amended by Ord. No. 98-2903, adopted 6/18/98)

SEC.

20-007.00 Trees


    It shall be unlawful for any person, except duly authorized agents or employees of the Parish to cut or deface any shade trees which are located upon the rights-of-way of public roads. (Ord. of 05/08/23)

SEC.

20-007.01 Live Oak Trees Protected


EDITORIAL NOTE: New Section 15-005.20 added under the authority of Ordinance No. 92-1599, adopted 05/21/92.

    a) Prohibited: It shall be unlawful for any person to cut, trim, remove, damage or deface any live oak tree, which has a circumference of eighteen (18") inches or larger when measured three (3') feet from the ground, located on Parish property or within Parish rights-of-way, without first obtaining the consent and approval of the Director of the Parish Department of Public Works. The Director shall respond to any request within five (5) working days. Upon receipt of said consent and approval, any trimming, maintenance, or removal of live oak trees (as specified above) shall be performed under the supervision of a Professional Licensed Arborist.

    In the event of an emergency, a written statement outlining the reasons contributing to such situation shall be furnished to the Public Works Director within 72 hours of any action taken.

    b) Exemption: Exempt herefrom are duly authorized agents, official and employees of Parish, State or Federal agencies engaged in the pursuit of their duties, or those individuals assigned to provide protection for the citizens of this Parish.

    c) Violation; penalty: Any violation of this Section shall constitute a misdemeanor punishable in accordance with Section 1-008.00 of this Code of Ordinances.
(Ord. No. 92-1599, adopted 05/21/92; amended by Ord. No. 98-2893, adopted 6/18/98)

SEC.

20-008.00 Fishing From Specific Bridge Prohibited



    Fishing from the bridge crossing Doubloon Bayou on Peterson Road in Ward 8 is hereby prohibited. Signs shall be posted on both ends of such bridge stating "NO FISHING FROM BRIDGE". (Ord. No. 697, adopted 02/17/77)

SEC.

20-009.00 Naming Or Renaming Streets


    A.     When allowed - Street names and name changes in the unincorporated areas of St. Tammany Parish may be initiated in the following manner.
    
            1.     By application of a developer or subdivider to the Planning Commission under the subdivision review process.
            2.     By submission to the St. Tammany Parish Communications District No. 1 of a request from the Department of Public Works.
            3.     By a petition to the St. Tammany Parish Communications District No. 1 signed by at least fifty percent plus one (50% + 1) of the property owners owning or fronting the public or private street; or,
            4.     By request of the St. Tammany Parish Communication District No. 1.
            5.     The Director of the Department of Public Works shall be allowed to make administrative road name changes to the St. Tammany Parish Road Inventory that only involve correcting a misspelled name or typographical error to conform same with the name reflected on the parish wide 911 map.

    B.     Street Name Criteria - All street names shall conform to all policies and rules hereafter established and to the following street name criteria:

        1.     Requests to change the name of a public or private street, road, or thoroughfare shall be considered only in its entire length.
        2.     Street names shall not be duplicated for private or public street right-of-way. Spelling differences on similar sounding names do not remedy duplication.
        3.     Suffixes such as Drive, Road, Parkway, Avenue, Court, Loop, Circle, etc. do not remedy duplication. Directional prefixes and suffixes may be allowed and will remedy duplication, however, such streets must have a common alignment.
        4.     Private street name signs shall be identical to public street name signs except for color as follows:
                Blue Background/Gold Letters - Public/Parish Maintained
                Green Background/White Letters - Private
        5.     The St. Tammany Parish Communication District No. 1 will maintain a parish wide map of all road names which shall coordinate with the US Postal Service, City Municipal Address Maps and the St. Tammany Parish Road Inventory (for public maintained roads only).
        6.     Streets or roads may be “offset” or “jog” with the same name provided the “jog” or “offset” is not more that one hundred twenty five (125') from center line to center line.
        7.     Existing street names must be used in those instances where a new street is a direct extension of an existing street or logical extension thereof.
    
    C.     Submission Contents - All submissions for street name changes shall contain the following:

        1.     The location of the street to be named/renamed;
        2.     The current name, if any;
        3.     The Proposed name;


        4.     The names and addresses of all abutting property owners, on “Property Owner Certificates” obtained from the St. Tammany Parish Assessor, must be provided by the applicant.
        5.     The appropriate signatures of the property owners;
        6.     The required filing fee if established in Section 2-009.00 - Parish Fees and Service Charges.
    
    D.     Procedure -
The following procedure is established for street name changes.
    
        1.    Requests and resolutions shall be submitted to the Department of Planning and Permits - Addressing Coordinator, who shall also verify that street names within subdivisions are in compliance with the above criteria.
        2.     Requests will be reviewed and forwarded with support documentation, with specific emphasis on whether a conflict exists to the St. Tammany Parish Communication District No. 1 within thirty (30) days.
        3.     St. Tammany Parish Communication District No. 1 will review the request at its next regular meeting and forward its recommendation to the governing authority for adoption of an ordinance to implement the change.
            The District shall have the right to recommend the rejection of any name change request which is not in the best interest of providing emergency services to St. Tammany Parish.
        4.     Upon adoption of the ordinance, all relative maps and data files will be adjusted to reflect same and the Department of Public Works will post signs accordingly on those roads under its jurisdiction.

(Ord. No. 81-264, adopted 09/17/81; Ord. No. 84-105, adopted 05/17/84; Ord. No. 84-210, adopted 09/20/84; amended by Ord. 92-1547, adopted 01/16/92; amended by Ord. No. 98-2893, adopted 6/18/98; amended by Ord. No. 99-3041, adopted 3/18/99; amended by Ord. No. 99- 3116, adopted 07/15/99)

        SEC.

20-010.00 Location/Placement of Public & Private Utilities In Parish Rights-of-way Relative To New Developments/Subdivisions And Relocation Of Existing Utilities



    (a) Regulated: All public and private utility equipment and collection and/or distribution lines shall be located as detailed in attachment A to this Section. ( NOTE: Attachment A is on file with the original Ordinance in the office of the Clerk of the Parish Council.)

    (b) Exemptions: Any deviations/exemptions from the prescribed standards must be approved prior to construction and/or installation by the Parish Engineer or his designated representative. Exemptions shall be allowable for subdivisions of record.

    (c) Violations: Any individual, corporation, their agents and/or contractors not conforming with the provisions of this Section shall be subject to the penalty provisions as herein contained. Each day's offense shall be construed to be a separate and individual offense.

    (d)     Enforcement: The enforcement responsibility of the provisions of this Section shall reside with the Department of Public Works.

    (e)     Penalties: Violation of this Section shall constitute a misdemeanor punishable under the provisions of Section 1-008.0 of this Code of Ordinances. Each day of violation shall constitute a separate offense.     (Ord. No. 85-364, adopted 03/21/85)



SEC.

20-010.01 Procedure For Placement Of Public & Private Utilities In Parish Rights-of-way


EDITORIAL NOTE: New Section 20-010.01 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    The purpose of [the following] Sections 20-010.01-20-010.08 shall be to establish the procedure for placement of public and private utilities within Parish right-of-ways or proposed Parish right-of-ways, as well as, the notification process for same. It is further understood that for the purpose of this Section, Cable T.V. services shall be considered a utility, and as such, shall be bound by the guidelines of these Sections.

Further, except as provided in Section 20-011.01(C), installation of underground utilities shall not include central water and community sewerage in those cases where the Department of Engineering and Department of Environmental Services has determined that such installation is not warranted due to nonexistent community or regional sewerage or water facilities.

Any other provision notwithstanding, all new subdivisions, and any “dormant subdivision” or “subdivision of record” where a developer applies for permission to enter the parish right of way for the purpose of gaining access to property pursuant to the provisions of Section 20-011.01, et seq., must have utilities installed underground and conform to all other requirements of Sections 20- 010.00 through Section 20-011.01.

Waiver of Regulation: Cases may occur where the installation of underground utilities cannot reasonably be complied with without causing undue hardship. If the developer or property owner of record reasonably believes that he cannot comply with the provision requiring the installation of underground utilities, he may make a request in writing to the Chairman of the Planning Commission, stating that: He is requesting a waiver of the provision requiring the installation of underground utilities and set forth the specific reasons therefor. The Planning Commission may grant such waiver as it deems proper by a resolution adopted by not less than a two-thirds majority (2/3) affirmative vote of the Planning Commission membership. Such approved waiver shall be filed with the Director of the Department of Public Works, Director of the Department of Engineering and Director of the Department of Planning and will be so noted in the files.

(Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90-1331, adopted 09/20/90; amended by Ord. No. 06-1223, adopted 01/05/2006)

SEC.

20-010.02 Notification Of Parish Officials


EDITORIAL NOTE: New Section 20-010.02 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    All utility companies shall be required to notify the Division of Utility Regulation and Enforcement of the Department of Public Works, in writing, 48 hours prior to entering any Parish right-of-way for the purpose of installing and/or repairing any utility. If [the] Parish is equipped to be notified through DOTTIE System, notification through same shall suffice.

    Written notification shall include but not be limited to the following information:

a)    Company Name
b)    Sub-contractor (if applicable)
c)    Parish Road Name
d)    Location of work
e)    Date work to be done


f)    Description of work to be done
g)    Estimated completion date (if requested)

    1)    Emergency Notification: In the event of any emergency, it shall be the responsibility of the utility company to notify the Division of Utility Regulation and Enforcement of the Department of Public Works within three (3) working days after such emergency. Notification of emergency work shall include all information listed above.

    2)    DOTTIE Notification: It is expressly understood that notification to the Division of Utility Regulation and Enforcement of the Department of Public Works does not relieve the utility company of their obligation to notify DOTTIE of any activity within the right-of-way.

    3)    Exception:

    i) Notification shall not be required for the installation or repair of aerial lines (excluding vertical structures and support poles). However, it shall be incumbent upon the utility company performing such work to notify the Division of Utility Regulation and Enforcement of the Department of Public Works of any damage caused to the road or drainage structure within three (3) working days. In the event that damage is caused and notification is not received as specified above, penalties shall be assessed beginning on the fourth (4th) day.

    ii) Notification shall not be required for sewer and water taps on the backside of the ditch that are clearly outside of the drainage and roadside structure, and would not impair the flow line of the ditch or enter the road bed itself. However, proper backfill is still required.     (Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90-1331, adopted 09/20/90)

SEC.

20-010.03 Location And Placement


EDITORIAL NOTE: New Section 20-010.03 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    All public and private utility equipment and collection and/or distribution lines shall be located as detailed in attachment A (of Ordinance No. 90-1331), as well as, the requirements listed below.

    a)    It shall be unlawful to cut any Parish roadway for the purpose of installing any utility. When crossing lanes, utilities shall be bored or jacked and installed through a casing in accordance with LDOTD (Louisiana Department of Transportation and Development) specifications, as follows:

        1)    High Pressure Transmission lines shall be a minimum of 72 inches (72") below road crown.

        2)    All other line shall be a minimum of 36 inches (36") below the road crown, or a minimum of 24 inches (24") below the ditch bottom, whichever is deeper.

    b)    All underground utilities paralleling lanes shall be a minimum of 24 inches (24") below the surface or invert of ditch, whichever is deeper.

        Exception: Telecommunication and Cable TV service lines may be buried a minimum of 8 inches (8") below the back side of the ditch only. This exception is conditioned upon and shall apply to a utility company only if the Parish receives a Hold Harmless Agreement from that utility company and that same is approved by the Division of Utility Regulation and Enforcement of the Department of Public Works. Said agreement shall hold the Parish, its

employees, as well as any person performing work for the Parish, harmless for any damage caused to these lines, as well as, any cost incurred for same.

    c)    All aerial lines paralleling lanes shall be a minimum of sixteen (16') feet above road crown. Aerial audio/video lines crossing lanes shall be eighteen (18') feet high. All other crossing lanes shall be twenty (20') feet high.

    d)    All utilities paralleling lanes shall be placed on the back side of the ditch as shown on Attachment "A". (See Ordinance No. 90-1331)

    e)    Trenches shall be backfilled and tamped or compacted with acceptable materials in accordance with LDOTD standards (Gold Book) and shall be maintained as required.

    6.     Placement of customer fuel lines within Parish right-of-way is prohibited. Customer fuel lines in place prior to 12/16/98 shall be considered grandfathered.
(Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90-1331, adopted 09/20/90; amended by Ord. No. 98-2997, adopted 12/17/98; amended by Ord. No. 06-1223, adopted 01/05/2006)

SEC.

20-010.04 Prior Approval For Exemption


EDITORIAL NOTE: New Section 20-010.04 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    Any deviation/exemption from the prescribed standards contained herein, must be approved prior to construction and/or installation by the Division of Utility Regulation and Enforcement of the Department of Public Works. (Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90- 1331, adopted 09/20/90)

SEC.

20-010.05 Enforcement



EDITORIAL NOTE:
New Section 20-010.05 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    It shall be the responsibility of the Division of Utility Regulation and Enforcement of the Department of Public Works to review and inspect the site after completion. In the event that damage is caused to the right-of-way through activity of the utility company or their agents, the Division of Utility Regulation and Enforcement of the Department of Public Works shall notify the utility company in writing by certified letter. The cost of repairing the damage shall be the sole responsibility of the utility company. Approval shall be required from the Division of Utility Regulation and Enforcement of the Department of Public Works of all specifications, as well as, contractor who will perform any corrective action required as stated in this Section. This Section does not apply to exceptions listed under Section 20-010.02. (Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90-1331, adopted 09/20/90)

SEC.

20-010.06 Violations


EDITORIAL NOTE: New Section 20-010.06 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    Any individual, corporation, their agents and/or contractors not conforming with the provisions of Sections 20-010.01-20-010.08 shall be subject to the penalty provisions as herein contained. Each day's offense shall be construed to be a separate and individual offense. (Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90-1331, adopted 09/20/90)



SEC.

20-010.07 Penalties


EDITORIAL NOTE: New Section 20-010.07 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    Violation of these sections shall constitute a misdemeanor punishable as follows:

    a)    $500.00 per day, commencing five (5) working days after notification of damage if reasonable efforts have not been made to repair damage, until such time that repairs are completed to the satisfaction of the Division of Utility Regulation and Enforcement of the Department of Public Works. Five (5) working days shall not apply to exceptions listed under Section 20-010.02(3);

    b)    $250.00 for lack of notification.

    Each day of violation shall constitute a separate offense. Nothing herein contained shall prevent the Parish from taking such other lawful actions as necessary to prevent or remedy the violation. (Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90-1331, adopted 09/20/90)

SEC.

20-010.08 Warranty Required


EDITORIAL NOTE: New Section 20-010.08 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    The security required by this Section shall be either a funded Letter of Credit or a Bond approved by the Federal Register with the Parish listed as obligee, as follows:

    a)    A blanket security of Ten Thousand Dollars ($10,000); or

    b)    A minimum security per event of Two Thousand Five Hundred Dollars ($2,500).

SEC.

20-010.09 Enforcement Of Security


EDITORIAL NOTE: New Section 20-010.09 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.

    In the event a utility company causes damage to Parish property resulting in a contractor having to take corrective action as provided in Section 20-010.05, then, at the completion of all such corrective work, the Parish will present the invoice for said corrective work to the responsible utility company, and the utility company shall have thirty (30) days from its receipt to pay said invoice. In the event the utility company fails to pay said invoice within the thirty (30) days, the Parish may, at its option, take any appropriate action to execute on the security required by this Section.

    In the event that the above security has to be called for any reason a new security will be established, as follows:

    a)    The security shall increase in $10,000.00 increments for each occurrence.
(Ord. No. 90-1288, adopted 06/21/90; amended by Ord. No. 90--1331, adopted 09/20/90)

SEC.

20-010.10 Effective Date


EDITORIAL NOTE: New Section 20-010.10 created under the authority of Ordinance No. 90-1288, adopted 06/21/90.


    Section 20-010.01-20-010.09 became effective immediately upon adoption. (Ord. No. 90- 1288, adopted 06/21/90; amended by Ord. No. 90--1331, adopted 09/20/90)

SEC.

20-010.11 Service Monitoring Fee


    1. A uniform service monitoring fee of two percent (2%) on gross sales derived from the unincorporated portions of St. Tammany Parish is hereby imposed on all municipally owned utility companies currently operating in the Parish without a valid, written service agreement, on all renewed service agreements with municipal utility companies currently operating in the Parish with a valid, written service agreement, and on all publicly owned utility companies that wish to establish a franchise service area in unincorporated portions of St. Tammany in the future pursuant to La. R.S. 33:4361, said service agreement fee is being imposed to fund the monitoring of all activities associated with the placement and location of public utilities in Parish rights-of-way.

    2. The service agreement fee will be computed according to a two percent (2%) schedule and payable quarterly on or before April 15 for the first quarter, July 15 for the second quarter, October 15 for the third quarter, and January 15 for the fourth quarter. Attached to the payment of the franchise fee will be a statement showing the gross sales or revenue derived from the unincorporated portions of St. Tammany Parish for the months reported. Delinquent balances shall accrue interest at twelve percent (12%) per annum beginning on the first day following the due date of the payment. (Ord. No. 97-2710, adopted 08/21/97)

Cross Reference: Sec. 2-009.00(F), Sec. 12-201.00, and Appendix A

SEC. 20-011.00 Use of Parish Right of Way

    Use of parish right of way for any purpose, including but not limited to the following, requires prior approval of the parish governing authority or permission of the appropriate department as authorized by the governing authority:

Department of Public Works:

    1.     Placement of landscaping
    2.     Placement of recreational structures, permanent or mobile
    3.     Placement of sign
    4.     Use of road/streets for parades or other organized activity.

Department of Engineering:

    1.     Placement of sub-surface drainage in excess of 50'
    2. Gaining access to property
    3. Placement of utilities (see Sec. 20-010).

SEC. 20-011.01 Procedures and Standards for Granting Permission to Enter Parish Right of Way for Gaining Access to Property

    A.     The application process may include, but is not limited to the following information: a written request for permission to enter the right-of-way, including the purpose of the request; ownership information; right-of-way dedication; wetland determination and/or wetland permits from the Corps of Engineers and other respective environmental agencies

and a site plan of applicant's property with relationship to the proposed structure or structures and the Parish road right-of-way and any other servitudes, both private and public.

    B.     Conditions which may be imposed on an applicant which must be incorporated within the resolution include, but are not limited to the following information:

        1.     Requiring additional right-of-way to be dedicated to the parish or the establishment of servitudes in cases when the right-of-way does not meet the current right-of-way widths as established in the Parish's Subdivision Regulatory Ordinance No. 499, or requiring in cases of limited right-of-way widths the provision to allow a one way access as long as the one way access provides an entrance and a different exit (terminus) to an approved roadway

        2.     Requirements which will limit the applicant and any assignees by providing a Hold Harmless Agreement and utilization of the access by (an) individual (s) until the time that the access is upgraded to parish standards and accepted into the Parish's road maintenance system.

        3.     Requirements which will bind the applicant or any assignees to a maintenance obligation of the access until such time as the Parish agrees to accept the portion of the right-of- way into the Parish's road maintenance system, by execution of Notice of Acknowledgment and Responsibility.

        4.     The applicant will be responsible for all expenses regarding improvements, relocation of utilities, engineering services, permits, damage and recordation which may be associated with the right-of-way.

        5.     The Parish Engineer must review and approve a road design and drainage plan prepared by a licensed Louisiana state registered engineer. The Parish Engineer may require additional off-site work to minimize the potential impact of the proposed construction with special emphasis regarding drainage. The road and drainage design must meet the road standards as established under Subdivision Regulatory Ordinance No. 499.

            (a) Any developer/applicant proposing to develop lots within a “dormant subdivision” or “subdivision of record” must submit for review and approval of the Parish Engineer a drainage plan that meets the detention requirements of Subdivision Regulatory Ordinance No. 499. Where applicable, such developer/applicant shall be entitled to claim a credit toward drainage impact fees due the parish under the authority of the "St. Tammany Parish Drainage Impact Fee Ordinance"(Sec. 2-009.00 Part IV (B)(8)) and, where applicable, shall be entitled to claim credit/reimbursement from any drainage impact fees that have been paid into the “Drainage Impact Fee Escrow Account” by the owner or owners of lots that are not owned by the developer/applicant but would be receiving the benefits of said storage requirements. (Ord. No. 05-1214, adopted 12/01/2005)         
    6. Liability insurance policy included naming of the parish as an insured party.

        


    7. Provisions for the establishment of a Performance and Warranty letter of credit, when applicable and utilized in the same manner as performance letters of credit are utilized as per Subdivision Regulatory Ordinance No. 499.
        
    8. Applicant and assignees enter unto an agreement to delay the hard surfacing requirements for roads to a future date, when applicable, but are bound to meet those requirements either in participating in a front foot assessment or other Parish approved method at an appropriate time when the road may be reasonably allocated to adjoining property owners and/or assignees.

    9. Allow the Department of Engineering to establish a time period for commencement and completion of construction and to delay the issuance of building permits unless appropriate letter of credit are accepted.

C. Any application for the opening and/or extension of any unopened parish right of way located within the boundaries of Parish Council Districts 5, 7 or 10 shall include provisions for the concurrent installation of central water and community sewerage to the property being accessed.
(Ord. No. 98-2893, adopted 6/18/98, amended by Ord. No. 04-0983, adopted 10/07/2004; amended by Ord. No. 05-1214, adopted 12/01/2005)

SEC. 20-012.00 Ditches/Drainage Structures

    It shall be unlawful for parish forces to perform any activity within any drainage structure that is not a part of the St. Tammany Parish Drainage Inventory unless otherwise authorized by the governing authority.
        
SEC. 20-012.01 Acceptance of Private Drainage Structures, excluding subdivisions, into the
Drainage Inventory.

        A.     The Department of Engineering will review any request made for new drainage structures. The Department of Engineering will establish criteria to determine the feasibility of proceeding with the project based upon need, cost, projected benefit and impact to the area. Upon favorable determination of feasibility, the following will be required prior to acceptance by the governing authority.

                1.     A notarial act of dedication shall e signed by each person or group of persons who wish to dedicate to the Parish the appropriate right-of-way deemed necessary by the Department of Engineering. Said act shall be prepared in a legally binding format by a notary public and submitted to the Department of Engineering.

                2.     A tax research certificate, from the Office of the Sheriff of St. Tammany Parish, indicating that all property taxes and assessments against the property to be dedicated have been paid for the three most recent tax years, and clear mortgage and conveyance certificates, from the Office of the Clerk of Court of St. Tammany Parish, indicating that those who propose to dedicate the right of way are the sole and only owners and that there are not legal or financial

encumbrances in the public records that apply to the owners, and by extension their property, or the property itself, must be run on the caption of the right of way to be dedicated and submitted to the parish for review.

                3.     A survey and proces verbal legal description of the right of way to be dedicated, prepared by a Louisiana licensed surveyor, must be provided to the Parish.

        B.     Inclusion into the St. Tammany Parish Drainage Inventory
    
            1.     The Department of Engineering shall inform the Department of Public Works that said right of way meets drainage inventory criteria.

            2.     The Department of Public Works shall create an ordinance for the governing authority to adopt accepting said right of way into the drainage inventory.

            3.     Upon the adoption of the ordinance by the governing authority, the parish shall assume full ownership and responsibility for the right of way.

        C.     Construction

            The Department of Public Works will be responsible for the construction, based upon the Department of Engineering recommendations, and will provide all future maintenance of the structure.

        D.     Exemption

            1.     Any provision herein may be waived by a 2/3 vote of the governing authority provided that applicant(s) submits documentation adequate to support the request for waiver.

            2.     Servitudes may be accepted in lieu of right of way if determined by the Parish Engineer to be acceptable.
(Ord. No. 98-2893, adopted 6/18/98)

SEC. 20-012-02 Tacit Dedication of Drainage Ditches

    A drainage ditch shall be added to the Drainage Inventory by ordinance of the governing authority upon certification by the Department of Public Works that same has been maintained by parish personnel for a period of three (3) years or more prior to 1998, the date of adoption of the original Drainage Inventory. (Ord. No. 98-2893, adopted 6/18/98)

SEC. 20-013.00 Road and Drainage Security

The Departments of Public Works and Engineering are granted the authority to require and establish adequate security, as follows, on any project for which it is determined that security is needed to ensure that the integrity of the road and/or drainage structure is retained:


    1)     A funded letter of credit or bond on any project that is not considered
        active under a parish issued building permit.
    2)     When an active parish issued building permit is in place, a hold can be placed on the issuance of the Certificate of Occupancy for said permit if it is determined that an activity performed under same has caused damage to the road and/or drainage structure.

Any security established under this section shall be released upon satisfactory completion of the project or payment from the responsible party for any damage incurred to the road and/or drainage structure. (Ord. No. 98-2893, adopted 6/18/98)

SEC.

20-014.00 Placement of Advertising Signs in Parish rights-of-way


Title: This article shall be known and may be cited as the “St. Tammany Parish Advertising Signs on Rights-of-Way”.

Definitions:

    Parish shall mean the jurisdictional boundaries of the Parish of St. Tammany and all its waterways.

    Political sign shall mean any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure.

    Real Estate sign shall mean any temporary sign pertaining to the sale, lease or rental of land or buildings, which is erected or displayed on the lot or parcel to which it applies.

    Right-of Way shall mean any portion of ground dedicated to the Parish for public use as a street or other use.

    Sign shall mean a medium of communication, including its structure and component parts, which is used or intended to be used to attract attention to its subject matter or location usually for advertising purposes.

    Sign owner shall mean that person who owns a sign and/or is responsible for a sign. In those cases in which an owner cannot be determined; the owner of the subject being advertised shall be deemed the owner of the sign.

    Snipe sign shall mean a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to poles, stakes, or to other like objects.

General Prohibition:

    The erection, installation, maintaining or otherwise placing or permitting to remain upon any Parish highway, right-of-way, including the shoulder, bank, and outer or far side thereof, street, roadway, emergency lane, median, of any commercial advertising sign, snipe sign, poster, marker, placard, notice, light, signal light, warning of direction sign, is prohibited, except insofar as specifically excepted according to provisions made in this ordinance.

Exemptions from General Prohibition:


    The above prohibition shall not apply to the following:

    1. Signs placed by the Parish Department of Public Works and Parish Department of Planning, or by order of the Parish President or Parish Council to direct, warn, caution or inform the traveling public for the convenience and safety thereof;

    2. Signs placed by the Louisiana State Department of Transportation and Development or other state agency for the purpose of informing or warning the public of a regulation made pursuant to law by such agency in keeping with its purposes, the safety, convenience or welfare of the public;

    3. Signs placed by the authorities of incorporated municipalities within their corporate limits, in those instances where a parish road crosses or enters a municipal corporation;

    4. Signs placed by railroad companies at or near railroad crossings, where required or permitted by law.

Permits - Temporary required:

    The parish Director of Planning, or his designee, may issue temporary permits, or certificates of authority, permitting the advance placement on private property, of temporary signs with the purpose of directing guests, members of organizations or other persons to a spot or location where a permitted special event will be held.

Issuance; removal of signs:

    Any such temporary permit shall be in writing and signed by the issuing officer, and it shall provide that after the permitted special event, all such signs shall be removed by the person to whom the temporary permit is issued; a sum estimated as sufficient to defray the expense of removing the signs if such permittee fails to do so, shall be collected at the time the temporary permit is issued. The security shall be returned when satisfactory evidence of the removal of such signs by permittee has been presented to the issuing official.

Issuance under other ordinance or resolution:

    If the Council, by resolution or ordinance, grants a special permit, either temporary or permanent, for the placement of any sign in the right-of-way of any road, such resolution or ordinance shall not be deemed a repeal of these procedures, but shall be deemed an exception, along with those exceptions listed above in Exemptions from General Provisions.

Procedures for removal of structures, signs, obstacles, objects, deposits/things within right-of-way:

    1. Apparent Value: When structures, signs, obstacles, etc., are of a permanent nature with significant value, the sign owner will be notified by certified mail to remove it within five (5) days. When items do not have significant value but do retain some apparent value, the owner shall be notified orally to remove it within five (5) days. All signs of significant or apparent value will be marked with a “NOTICE OF VIOLATION” at the time of owner notification. If the owner is unknown or cannot be found, a NOTICE OF VIOLATION shall be affixed to the object setting forth that it must be removed within five (5) days from the date specified. Failure to remove within the specified period of time services as forfeiture of all rights thereto and the Parish Government remove the object for its own use, dispose of it in any way deemed necessary. The owner and any

other person responsible therefore remains liable for any damages to the public property or expenditures of public funds resulting from the installation or removal of such items.(Amended by Ord. No. 03-0615, adopted 02/06/2003)

    2. No Apparent Value: Structures, signs, obstacles, etc. that have no apparent value will be summarily removed and destroyed or disposed of in the most cost effective manner available. Items in this category are wooden stake signs, small cardboard signs, light paper signs, signs nailed to utility poles, snipe signs, signs deemed to be a traffic hazard or obstacle to right-of-way maintenance.

    3. Political, Real Estate, or Similar Type Signs: Political, real estate, or similar type signs shall not be located within the public right-of-way. Large signs (i.e. plywood with 2 by 4 supports, or signs that exceed 4 square feet in surface area) will be marked with a NOTICE OF VIOLATION and removed after five (5) days. The ultimate disposition of political, real estate, or similar type signs will be provided in paragraph two (2) above.(amended by Ord. No. 03-0615, adopted 02/06/2003)

    4. Potential Traffic Hazard or Obstacle to Maintenance: Any structure, sign, headwall, obstacle, object, deposit, or thing which is potentially hazardous or interferes with road or structure maintenance because if its location or type of construction will be removed as provided for in paragraph two (2) above.

Removal and Disposal:

    Any commercial advertising sign, snipe sign, poster, marker, placard, notice, light, signal light, warning of direction sign, or any other sign as defined in the foregoing sections, considered to be of no apparent value or potential traffic hazard or obstacle to maintenance is subject to immediate removal and disposal by the Department of Permits and Regulatory, Department of Planning, Code Enforcement/Violations officers, Department of Environmental Services, Litter Abatement, St. Tammany Parish Constables, as soon as possible after either of those departments and/or officials is made aware of the location of such signs on public property or within the right-of- way.

Litter Violation:

    Any violation of the aforementioned Sections shall be considered a violation of the Parish Code of Ordinances and is subject to the civil and criminal procedures provided therein.
(Ord. No. 02-0551, adopted 10/10/2002; amended by Ord. No. 03-0615, adopted 02/06/2003)

CROSS REFERENCE: See Section 15-005.06 in Chapter 15

SEC. 20-015.00 Mailboxes Within Parish Right of Way

    Mailboxes are permitted within Parish rights-of-way, provided that they meet the following specifications:

    A.    Types of Mailboxes and Installation

        1.    Mailboxes must be constructed of sheet metal, plastic or similar weight material, with weight not to exceed 11 lbs.


        2.    Newspaper boxes may be mounted below the mailbox, on the side of the mailbox support, or on their own post alongside.
        3.    No more than 2 mailboxes can be mounted on a support structure unless the configuration has met U.S. Department of Transportation crash test standards.
        4.    A single 4x4 inch square or 4 inch diameter wooden post, or light gauge pipe with a strength no greater than 2 inch standard steel pipe, must be embedded no more than 24 inches in the ground.
        5.    The mailbox and its support will be considered hazardous to motorist when the support exceeds the described structural limitations.
        6.    Any other type mailbox or installation not conforming to these specifications are not approved for placement within Parish right of way, and therefore exist at the sole liability of the property owner.

    B.     Placement and Reinstallation

        1.    The location and construction of mailboxes shall conform to the rules and regulations of the U.S. Postal Service.
        2.    Contact your local Post Office for instructions on the height (normally 42"- 46") and side of the road where your mailbox should be located.
        3.    Parish is charged with maintaining Parish rights of way, as such, should damage occur to any non-conforming mailbox (i.e. multiple ma