STATE REFERENCE: LSA R.S. Title 33, Parishes Generally
SEC.
All Saturdays shall be legal holidays and all Wednesdays shall be full working days except when
a legal holiday falls on Wednesday. (Ord. No. 251, Bk. 4, P. 292)
STATE REFERENCE: LSA R.S. 1:55.
SEC.
a) Any prisoner serving a sentence in the Parish Jail who is willing to perform manual labor upon
any of the public roads, streets, public buildings, public grounds, public works or public
improvements, shall be placed in charge of the Sheriff in order to perform whatever form of
labor upon any of the above named projects as may be determined by the Police Jury.
b) Any prisoner or prisoners that are worked outside of the prison as herein set forth shall be
under the control and in charge of the Sheriff, who shall be responsible for discipline and
working conditions.
c) Any prisoners who perform labor as herein set forth, shall be given credit on their respective
sentences as provided by the Judge who sentenced them to jail. (Ord. No. 152, Bk. 2, P.
553)
SEC.
1) In compliance with and under the authority of LSA-R.S. 15:705 and other applicable laws,
an inmate's commissary or drawing account shall be debited for said inmates's medical,
psychiatric or dental expenses, and prescription and over the counter medication expenses at the
time the expenses are incurred or as soon thereafter as the inmate's commissary or drawing
account has sufficient assets for reimbursement for medical, psychiatric and dental expenses, and
prescription and over the counter medication expenses, and the St. Tammany Parish Police Jury
shall be reimbursed for its expenditures from such funds.
2) Except as provided for in Section 3 below, reimbursements for medical, psychiatric and dental
expenses, and prescription and over the counter medication expenses shall be made prior to any
other withdrawal from an inmate's commissary or drawing account.
3) This section shall not prohibit the withdrawal of funds for the purpose of payments under the
Crime Withdrawal Reparations Act, court costs as authorized by law, and other withdrawals
specifically authorized by the Sheriff, in that order.
4) Written rules and regulations shall provide for the collection of medical, psychiatric and dental
expenses, and prescription and over the counter medication expenses and for freezing assets in
an inmates's commissary or drawing account, as well as other matters consistent herewith. The
commissary or drawing account may be frozen regardless of the source of the assets contained
therein.
5) The medical, psychiatric and dental service and prescription and over the counter medication
reimbursements shall be conditioned upon the following:
A. Inmates shall be informed of the reimbursements at the time a request for medical,
psychiatric or dental services or prescription and over the counter medication is made;
and
B. No inmate shall be refused medical, psychiatric or dental treatment or prescription or
over the counter medication for lack of funds.
6) The amount of reimbursement for sick call visits and prescriptions shall be the actual cost for
the particular expense incurred or according to the following:
A. $10.00 per sick call visit for medical services
B. $10.00 per sick call for psychiatric or dental services
C. $5.00 per prescription
7) Any inmate who is discharged or transferred to another facility shall remain liable for any
reimbursement authorized by this section.
8) If at any time an inmate's commissary or drawing account does not have sufficient funds to
reimburse the costs of medical, psychiatric or dental service expenses or prescription or over the
counter medication expenses, the account shall carry a negative balance until such time as funds
are deposited into that account. The account shall be frozen regardless of the source of the
assets therein, and the inmate shall withdraw no amounts therefrom until all costs are paid. When
funds become available, the medical, psychiatric and dental service and prescription and over the
counter medication reimbursement shall be immediately deducted from the account.
9) If an inmate is discharged with a negative balance in the commissary or drawing account due
to unpaid medical or dental expenses or prescription or over the counter medication expenses and
that inmate is subsequently returned to any St. Tammany Parish correctional facility, the unpaid
balance shall immediately be collected from the new commissary or drawing account established
upon entry to the correctional facility in accordance with the provisions outlined herein.
10) Any inmate who is covered by a private medical, psychiatric, dental, or health care insurer
or any public medical, psychiatric or dental assistance program, shall file a claim for payment or
reimbursement of any medical, psychiatric or dental services or prescription or over the counter
medication provided while inmate is in any St. Tammany Parish correctional facility.
11) The Sheriff shall retain 25% of all funds reimbursed to the St. Tammany Parish Police Jury
hereunder as costs for the administration of these procedures.
12) For purposes of this section, the following are defined:
STATE REFERENCE: LSA R.S. 15:705 authorizes the parish to obtain payment for medical expenses from inmates.
SEC. 2-002.02 Parish Prison - Trespassing
No person shall remain on the grounds of the St. Tammany Parish Prison, and shall be deemed as
trespassing, after being instructed to leave said property by any law enforcement officer or any other
official prison personnel.
This section shall not apply to any law enforcement officer nor to any individual who is transacting
lawful prison, or judicial system, business.
Any person found to be in violation of this section shall be subject to a fine of not more than one
hundred dollars ($100.00) and/or imprisonment for a period of not more than ten (10) days.
(Ord. No. 02-0573, adopted 11/07/2002)
SEC.
The purpose and intent of this section shall be to authorize the Sheriff of St. Tammany Parish to
establish a voluntary work release program for parish inmates sentenced to parish time sentences.(Ord.
No. 03-0704, adopted 07/10/2003)
1)
The Sheriff shall establish written rules and regulations for the implementation and
administration of the work release program consistent with the provisions of Louisiana
Revised Statute 15:711 and shall determine those inmates who may participate in the release
program. The Sheriff shall submit the program to the Judges of the 22nd Judicial District
Court for approval.
2)
Any inmate sentenced to participate in a court-approved workday release program shall pay
a fee to defray the cost of participation in the program. Any fee shall be established within
the program and approved by the court.
3)
Every inmate with work release privileges shall be liable for personal and living expenses,
including the cost of his room, board, clothing and other necessary expenses incident to his
employment or placement while not confined in jail.
There is hereby created the St. Tammany Parish Transit Authority consisting of three (3) members
appointed by the Police Jury of the Parish. (Ord. No. 1126, adopted 03/13/80)
SEC.
The selection of the official Parish journal of St. Tammany Parish shall be made at the regular
meeting of the Council in July 1980, for a term to end on December 31, 1981; that same is so
extended to coincide with the present fiscal year of the Parish.
Therefore, commencing with the regular Council meeting in December 1981, the official parish
journal will be selected for 1982, and shall be so selected by the Police Jury in December of each
succeeding year for the following calendar (fiscal) year. (Ord. No. 80-07, adopted 07/10/80)
EDITORIAL NOTE: "Council" remains in this Ordinance for historical accuracy.
SEC.
A. Amount of fee: The Department of Administration is authorized to charge special
assessment property owners a delinquent fee. This fee shall be at a rate of one percent per
month (1%), not to exceed five percent per annum (5% per yr.), on the sum total of principal
and interest due for the billing period. The penalty fee shall be calculated starting thirty days
(30) after the due date on the invoice.
B. Due date of special assessment payment. Unless otherwise stated in the special assessment
ordinance, the Department of Administration will establish the due date as thirty calendar
days (30) prior to the payment date of the bond issue. The invoices shall be sent to the
property owners forty-five calendar days (45) prior to the invoice due date.
C. Notification of Police Jury of properties delinquent more than two years. The Department of
Administration shall notify the Police Jury of special assessment properties that are delinquent
more than two years (2 yrs.). The Police Jury will then determine the action to be taken.
(Ord. No. 81-197, adopted 05/21/81)
SEC.
St. Tammany Parish shall follow the purchasing procedures in accordance with Louisiana R.S.
38:2101, et seq. (Public Contracts) and this section.
The Director of Finance, purchasing supervisor and purchasing technician(s) have the authority to
issue, amend, administer and/or terminate purchase orders on behalf of St. Tammany Parish upon
receipt of a properly authorized requisition or written notice of cancellation from a parish department.
The Director of Finance will ensure that requisitions meeting the following criteria are reviewed and
approved as indicated prior to initiating any contract action.
A. Materials, supplies and equipment:
The Parish President shall review and approve requisitions that meet state law
requirement for "advertisement for bids", not to exceed $20,000.00. Those exceeding
$20,000.00 must be approved by the Parish Council, unless specifically identified in the
Capital Outlay Budget adopted by the Council. (Ord. No. 03-0764, adopted 10/02/2003)
B. Contracts for Professional Services:
1. Establishment of Professional Service List:
a. Each June, the Purchasing Department will advertise for the submission of Request
for Qualifications from all interested Professional Service vendors.
Purchase of land and buildings must be approved by the Parish Council.
D. Public Works Contracts:
1. Public Works projects (excluding roads and bridges) up to $100,000.00 shall be
approved by the Parish President. Projects exceeding this amount must be approved
by the Parish Council unless specifically identified inthe Capital Outlay Budget
adopted by the Council.
The act of an employee who orders and/or accepts supplies and services prior to the
submission of an approved requisition and in advance of a purchase order being issued is deemed
as an "unauthorized commitment". Such a commitment is not legal and does not obligate the
Parish to pay for the supplies or services rendered. A personal liability may be levied against the
individual making the unauthorized commitment. The Parish President has the authority to ratify
unauthorized commitments which do not require Council approval, however, they will not be
routinely approved. A review shall be implemented prior to determining the appropriate action.
The Parish President will appoint Department Heads and/or individuals having the authority to
review, approve, or submit requisitions for supplies, materials and services in writing and assign
monetary limitations of approval as appropriate. Those appointees will ensure that there is a valid
requirement and that sufficient funding within their budget is available for requisitions that are
submitted. Unfunded requirements must be approved in accordance with budgeting procedures
within the Code of Ordinances.
The Parish President may implement internal controls, purchasing procedures, and amplify this
section as deemed necessary to prevent fraud, waste, and abuse of public funds.
(Ord. No. 81-265, adopted 09/22/81; amended by Ord. No. 97-2706, adopted 07/25/97; amended
by Ord. No. 98-2929, adopted 8/20/98, amended by Ord. No. 03-0627, adopted 03/06/2003)
1. Definition
Subsection A in the mortgage records of the parish where the immovable property is
located.
assessments which have accrued since the date when the property was adjudicated
to the parish or municipality to the tax debtor, his heirs, administrator, executor,
assign, or successor, as the case may be, by preference over all other bidders, though
they may bid larger sums.
b. Upon receipt, the Purchasing Department will separate the vendors into specific
categories, prepare the official “Professional Service List” and shall make the list
available to all parish departments.
c. Additional vendors may submit their qualifications during the year, at which time the
Purchasing Department will revise the Professional Service List and distribute to all
departments.
2. Selection of Vendor for Professional Service Contract
a. The Director of the awarding department shall identify the project and verify that
same is an approved expense under the current year Operating and Capital Budgets
(if applicable).
b. The Director of the awarding department shall select three (3) vendors from the
Professional List, based upon the qualifications needed for the specific project, who
in his/her opinion would be best suited to perform the tasks required.
c. The Director of the awarding department, through the Purchasing Department, shall
issue a Request for Proposals to each of the three (3) vendors for the specific
project.
d. Upon receipt and review of the RFP's, the Director shall present his/her recommendation for the award of the Professional Service Contract to the CAO.
e. The CAO shall provide the Council Administrator with a copy of the recommendation upon which the Council Administrator shall notify the appropriate Council
Member(s) and advise the CAO of any issues of concern.
f. The CAO will then issue a contract and purchase order.
C. Real Property:
Defined as the erection, construction, alteration, improvement or repair of
any public facility or immovable property owned, used or leased by the Parish
must be approved as indicated:
2. Public Works roads and bridges improvements (excluding minor repair)
must be on the current Capital Improvement List as approved by the
Parish Council.
E.
Notice of Contract Approval
Upon approval of any Professional Services or Public Works Contract as
authorized by this Section, written notice of the contract and its approval shall
be provided to the Parish Council Office.
Dividing or "splitting" purchase requirements in order to circumvent the monetary limitations
imposed by state law and this section is strictly prohibited. The Director of Finance shall monitor
and challenge such request and report any violations to the Parish President for appropriate action.
SEC.
2-007.01 Sale of Adjudicated Property
For the purposes of this section, adjudicated property shall be defined as property that has
been procured through legal process that warrants the right of the parish governing
authority to seek property for non-payment of property taxes or for any other reason
relevant to lien, debts or donation as prescribed by statutory law.
2. Sale of Adjudicated Property After Expiration of Redemption Period
The Office of the Parish President may, after the expiration of period fixed by law or
redemption of adjudicated property, sell the property in the manner specified within this
section. (Ord. 01-0315, adopted 04/03/2001)
3. Advertising Sale of Adjudicated Property After Expiration of Redemption Period
A. At least one hundred twenty (120) days prior to the post-adjudication sale, the
political subdivision shall cause notice to be given to the owner, the mortgagee, and
any other person who may have a vested or contingent interest in the property, or
who has filed a request for notice as provided in Subsection B hereof, as specifically
identified in the mortgage records, conveyance records, probate and civil suit records
of the parish in which the property is placed. No further notification shall be required
upon any person acquiring a vested or contingent interest subsequent to the
recordation of the notice provided herein in the conveyance records of the parish in
which the property is located.
B. Any person desiring to be notified in the event specific immovable property will be
subject to a post-adjudication sale may file a request for the notice provided in
Whenever the parish desires to sell any adjudicated property, the sale shall be made only
after advertisement in the official journal of the parish once a week for the four
consecutive weeks. Said advertisement shall be paid by the parish desiring to sell the
property and shall display the terms and conditions of the proposal submission process
and subsequent sale of the property.
The sale shall be made no sooner than thirty (30) days after the date of the publication of
the first notice. The advertisement shall constitute complete notice to all persons in any
manner interested in the property.
The only other public notice required shall be the placement of a sign(s) that shall be
posted on or in the vicinity of the property to be auctioned, describing the proposed
auction, and the deadlines associated with the terms and conditions of the auction. Said
sign(s) shall be posted in the manner specified herein at least thirty (30) days prior to the
auction.
4. Appraisement and Legal Research of Property Required:
The parish shall be responsible for having any adjudicated property solicited for sale,
appraised by a competent and certified agent based on the fair market value of said
property. In addition, the parish shall also conduct appropriate legal research to determine
the extent, if any, of any taxes, charges, liens, assessments or any other forms of
indebtedness on the property offered for sale.
5. Minimum acceptable bid; adjudication to tax debtor or his representatives on payment of
taxes and assessments
A. The property shall be adjudicated to the last and highest bidder for cash, payable in
current money of the United States, at the time of the adjudication. The governing
body of the parish or municipality may appoint a committee of recognized and
qualified realtors to appraise and value the property, subject to the final approval of
the governing body. If the governing body elects to have the property appraised, no
bid shall be accepted which is less than two-thirds of the appraised value. If no
appraisal is requested by the governing body, then no bid shall be accepted or sale
made for a lessor amount than the total amount for which the property was
adjudicated, including all interest, costs, penalties and subject to any state, parish
and levee district taxes and to all subsequent taxes and paving or other local
improvement charges.
B. At any moment before the actual adjudication takes place, whether the property was
appraised or not, if the tax debtor, his heir, administrator, executor, assign, or
successor, pays to the tax collector of the parish or municipality all taxes, charges
imposed pursuant to R.S. 33:1236, or paving or other local improvements
assessments due upon the property, including all interest, costs, penalties, taxes,
charges imposed pursuant to R.S. 33:1236, or paving or local improvement
6. Appraisement of property failing to sell percentage of appraised value as minimum price on
second sale
When any property above referred to has been once advertised and offered for sale, and
has failed to sell, then the governing body of the parish or municipality may have the
property appraised in accordance with R.S. 33:2868 and advertise the property for sale a
second time in the same manner as herein above provided. In the second advertisement
the minimum price which will be accepted for the property shall not be less than two
thirds of the appraised value of the property as approved by the governing body. If the
governing body previously had the property appraised, the minimum price in the second
advertisement shall not be less than one third of the appraised value. The minimum price
need not equal the full tax obligation, or assessments due for charges imposed pursuant to
R.S. 33:1236, or paving or other local improvement assessments due by the property to
the parish or municipality. Such sales shall be made subject to any state, parish or levee
district taxes.
7. Deed of Sale to Highest Proposal Submitted
The tax collector making the sale shall deliver to the purchaser who has complied with his
bid by paying the price of the adjudication to him the deed of the sale executed before the
city notary, who shall charge therefor the price of five dollars ($5.00), plus the cost of
recordation of the deed. (Ord. No. 94-2040, adopted 08/18/94; amended by Ord. No. 95-
2161, adopted 02/09/95)
STATE REFERENCE: Statutory law allows for the disposal of adjudicated properties by local governing authorities per R.S.
33:2861 et seq., R.S. 47:2251, 2261 and 2262.
SEC.
1. That any and all real estate and/or immovable property that is otherwise adjudicated in the
future or previously has been adjudicated to the Parish of St. Tammany in any previous year will
now be subject to the following program.
2. All such real estate and/or immovable property described hereinabove are immediately
transferred to the Office of the Parish President for administrative purposes.
3. The Office of the Parish President shall hereinafter be charged with the duty and
responsibility to develop a program of reclamation of such property, including but not limited to
identification of affected property, retention of necessary staff to place any program into effect,
oversight of all programs, together with advertisement, selling such properties where necessary
and reasonable, all as per law.
4. The Office of the Parish President is specifically authorized to establish such an
administrative program to immediately address the magnitude of properties currently adjudicated to
the Parish since 1921. Properties adjudicated to the State of Louisiana prior to the tax year of 1993
shall likewise be included in this program. The Office of the Parish President is likewise exclusively
vested with the power and authority to seek out and search all properties since 1921 and to
formulate, in conjunction with the Louisiana State Land Office, a plan of identification, redemption,
listing, sale or whatever else is necessary to dispose of such property.
5. The Office of the Parish President is authorized the power to negotiate terms and conditions
of any sales, enter listing agreements, sign purchase agreements, and such other actions necessary
to transfer the Parish's interest in and to such properties, all as per law .
6. Funds received from the sale of such properties shall be dedicated to the general fund.
7. The Office of the Parish President shall adhere to the requirements of the Parish Charter as
to the sale of such properties.
8. The Office of the Parish President shall have the option to exercise the method and/or
procedure under this Ordinance necessary to dispose of such properties as per (1) the current
Parish Ordinance or (2) that which is delineated in state law as to surplus property, including but
not limited to Louisiana Revised Statute 33:4712 et seq., R.S. 33:1236 et seq., R.S. 33:4761 et
seq., R.S. 47:2251 et seq., R.S. 33:1321 et seq., R.S. 33:2861 et seq., R.S. 48:441et seq., and
such other requirement of state law.
(Ord. No. 01-0315, adopted 05/03/2001)
SEC.
A.
All departments, offices, agencies, boards and commissions under the jurisdiction of
the Police Jury shall comply fully with the requirements of applicable Federal, State,
or local law relative to the conduct of independent post-audits of their accounts and
other evidences of financial transaction(s). Audits may be by the State, if applicable,
or by private auditors who shall be without personal interest in the affairs subject to
audit and shall be by a certified public accountant or a firm of such accountants.
B.
One copy of all final audits conducted pursuant to requirements of this section and
copies of any other audits that may be conducted by Parish Departments, offices,
agencies, boards and commissions whether or not required by law, shall be submitted
to the Police Jury at its first regularly scheduled meeting held after the release of said
audit by the person or firm performing the audit and such audits shall thereafter be of
public record.
C.
One copy of the minutes of each meeting of any Parish Agency, Board or Commission
must be transmitted to the Police Jury within ten (10) working days of the
acceptance or adoption thereof by such body; said Agency, Board or Commission
shall designate one of its members with the responsibility for compliance.
D.
Responsibility for compliance with this section insofar as the audit provision is
concerned shall rest with the Chief Financial Officer of the particular Department,
Office Agency, Board or Commission receiving the audit or having the audit
performed.
E.
Wilful failure to timely comply with the requirements of this section shall constitute
grounds for the recall of any or all appointees of the agency, board or commission by
the Police Jury.
F.
All Departments, Offices, Agencies, Boards and Commissions under the jurisdiction of
the Parish Governing Authority as defined in statement three of the National Council
on Governmental Accounting shall be required to submit to the Parish Treasurer two
(2) copies of their fiscal year end financial statements in the format so designated by
the Parish Treasurer. The statements must be submitted within thirty calendar days
(30) of the close of the organization's fiscal year. Failure to comply with these
requirements shall subject the governing board to the provisions of paragraph (E) of
Section 2-008.0. (Ord. No. 82-341, adopted 04/15/82; Ord. No. 83-717, adopted
11/17/83)
SEC.
(A) General Government
(1) Administrative documents:
a. Code of Ordinances, per copy
a) Wholesale (low content), per year
The amounts indicated in this section include a $75.00 fee to be paid to the Parish of St.
Tammany to cover administrative costs and processing.
CROSS REFERENCE : Section 3-120.00-3-158.00, especially Section 3-161.00 concerning qualifications, Section 3-192.00,
Ord. No. 88-982)
(3) License fees:
f) Application fee, each
a) Annual, per year
(5) Non-sufficient funds charge, each
(Amended by Ord. 99-3001, adopted 1/21/99), amended by Ord. 04-0971, adopted 09/02/2004,
amended by Ord. 05-1163, adopted 08/04/2006)
(2) Electrical Permit Fees
a. Commercial
(i) (1%) one percent of the electrical contract
(ii) Minimum Fee
b. Residential
(i) 40.00 Base +2.00 per circuit
(ii) Minimum Fee
c. Mobile Home
(i) Construction Test Meter
c. Miscellaneous
(i) Elevators, builders' hoists, and moving stairs are based on number of floors
served:
2 to 4 floors
(4) Plumbing Permit Fees
a. Commercial
(i) (2%) twp percent of the plumbing contract up to 200,000 plus (1%) one percent
over 200,000
(ii) Minimum Fee
(5) Gas Permit Fees
a. Commercial
(i) (2%) two percent of the gas contract up to 200,000 plus (1%) one percent over
200,000
(ii) Minimum Fee
(6) Reinspection Fees
a
.
1st Reinspection
Incomplete Reinspection Fees
(7) Special Inspections
a. Special Inspections
B
.
Conditional Uses and Plan Reviews for
PUD, ID, and Non-Conforming Uses
1
.
Single Family
C
.
Administrative/Adm Conditional Use
1
.
Residential
(i) Home Office/Occupation
E
.
Board of Adjustments
1
.
Variance
G . Mobile Home Parks/RV Campgrounds Parks/Licensing Fees;
(Amended by Ord. No. 96-2465, amended by Ord. No. 97-2598, adopted 04/03/97, amended
by Ord. No. 99-3098, adopted 6/17/99)
1.Short title, authority and application.
a.Title: This Section A Transportation Impact Fee shall be known and may be cited as the
"St. Tammany Parish Transportation Impact Fee Ordinance."
b. Authority: The Parish Council has the authority to adopt the ordinance codified herein
pursuant to the St. Tammany Parish home rule charter and the Constitution of the State of
Louisiana.
c. Application: This Transportation Impact Fee Ordinance shall apply to all lands within the
unincorporated portion of St. Tammany Parish.
2. Purpose.
The establishment of a system for the imposition of road impact fees within the unincorporated
area is intended to assure that new development contributes its proportionate share of the cost of
providing, and benefits from the provision of, improvements to the Major Road System.
3. Definitions.
Certain words or phrases unique to this Transportation Impact Fee Ordinance shall be
construed as herein set out unless it is apparent from the context that they have a different
meaning.
“Building Permit” means that permit required to be issued before any building or
construction activity can be initiated on a parcel of land.
“Capacity” means the maximum number of vehicles that have a reasonable expectation of
passing over a given section of a road during an hour, expressed in terms of vehicles per
hour.
“Existing Traffic-Generating Development” means the most intense use of land within the
twelve (12) months prior to the time of commencement of Traffic-Generating
Development.
“Expansion” of the capacity of a road includes any widening, intersection improvement,
signalization or other capital improvement designed to increase the existing road's
capacity to carry vehicles.
“Fee Payer” means a person commencing Traffic-Generating Development who is
obligated to pay a road impact fee in accordance with the terms of this Section A.
“Level of Service (LOS)” means the system-wide ratio of vehicle-miles of capacity to
vehicle-miles of travel on the Major Road System.
a. After the effective date of the ordinance codified herein, any person or government body
that causes the commencement of Traffic-Generating Development within unincorporated St.
Tammany Parish shall be obligated to pay a road impact fee, pursuant to the terms of this
Transportation Impact Fee Ordinance. The fee shall be determined and paid in accordance with the
following schedule:
(1) Residential Subdivisions _ at the time of Final Plat Approval or within 90 days of
recordation of Final Plat if the appropriate security is posted as approved by the Director of
Engineering and the Director of Finance. A second 90 day period may be granted if deemed
appropriate by the Director of Engineering and the Director of Finance;
(2) Commercial Subdivisions _ at the time of Final Plat approval if the size of the end user
is known, else at the time of the issuance of a building permit. The payment at Final Plat
Approval may be deferred for a period of 90 days of recordation of Final Plat if the
appropriate security is posted as approved by the Director of Engineering and the Director
of Finance. A second 90 day period may be granted if deemed appropriate by the Director
of Engineering and the Director of Finance If the end user is unknown, or the square
footage of the end user is altered, the balance of the fee shall be paid at the time of the
issuance of a building permit.
(3) Individual Commercial or Residential Structures - at the time of issuance of a building
permit for the development.
b. If any credits are due pursuant to subsection 8, they shall also be determined at the time of
payment. The fee shall be computed separately for the amount of construction activity covered by
the permit, if the building permit is for less than the entire development. If the fee is imposed for a
Traffic- Generating Development that increases traffic impact because of a change in use, the fee
shall be determined by computing the difference in the fee schedule between the new
Traffic-Generating Development and the Existing Traffic-Generating Development. The obligation to
pay the impact fee shall run with the land.
5. Exemptions.
The following shall be exempt from the terms of this Transportation Impact Fee Ordinance. An
exemption must be claimed by the Fee Payer at the time of application for a building permit.
a. Alterations or expansion of an existing building where no additional dwelling units are
created, the use is not changed and no additional vehicular trips will be produced over and above
that produced by the existing use.
b. The construction of accessory buildings or structures which will not produce additional
vehicular trips over and above that produced by the principal building or use of the land.
c. The replacement of a destroyed or partially destroyed building or structure with a new
building or structure of the same size and use, provided that no additional trips will be produced
over and above that produced by the original use of the land.
d. Any development for which a completed application for a building permit was submitted
prior to the effective date of the ordinance codified herein, provided that the construction proceeds
according to the provisions of the permit and the permit does not expire prior to the completion of
the construction.
e. Any conditional use, Planned Unit Development (PUD), or subdivision for which a public
hearing has been held prior to the effective date of the ordinance codified herein, provided that the
construction proceeds according to the provisions of the conditional use or subdivision approval
within specified time lines. (Amended by Ord. No. 05-1038, adopted 01/06/05)
f. Any development which has an approved voluntary developmental agreement in place as of
the effective date of this ordinance.
g. Structures associated with uses recognized as agricultural by the State of Louisiana.
h. If a manifestly unreasonable financial hardship is demonstrated by an applicant for a single
family residential building permit, as determined by the Road Impact Fee Administrator (R.I.F.A) of
St. Tammany Parish, the impact fees relative to transportation and drainage may be waived,
subject to the following parameters.
(1) A manifestly unreasonable hardship shall be defined as a situation where the
demonstrated income of the property owner falls within the parameters set by the most
recent U. S. Department of Housing and Urban Development - Public Housing and Section
8 Income Limits for Very Low income (50% of regional median income).
(2) Adequate financial documentation shall be presented to the Road Impact Fee
Administrator (R.I.F.A) to determine qualifications for said waiver.
(3 No individual may receive more than a single waiver of said fees.
(Item “h” amended and remainder renumbered by Ord. No. 05-1069, adopted 03/03/2005)
i. Procedure for exemption review.
(1) The determination of any exemption shall be undertaken through the submission of an
Application for Exemption, which shall be submitted to the Road Impact Fee Administrator
(R.I.F.A.).
(2) If the proposed application involves an exemption for any alteration, expansion or
replacement of any existing structure, the following documentation must be provided:
i. A site survey showing the existing structures and the improvements being proposed;
and
ii. Documentation confirming no additional dwelling units are created, the use is not
changed and no additional vehicular trips will be produced over and above that
produced by the existing use.
A Fee Payer affected by the decision of the Road Impact Fee Administrator (R.I.F.A.)
regarding an exemption may appeal such decision to the Parish Council by filing with the
Road Impact Fee Administrator (R.I.F.A.), within ten (10) days of the date of the written
decision, a written notice stating and specifying briefly the grounds of the appeal. The
Road Impact Fee Administrator (R.I.F.A.) shall place such appeal on the Council's agenda
for the next regularly scheduled meeting. The Parish Council, after a hearing, shall affirm
or reverse the decision of the Road Impact Fee Administrator (R.I.F.A.) based on the
standards in subsections 5.a. through 5.g. above. If the Parish Council reverses the
decision, it shall direct the Road Impact Fee Administrator (R.I.F.A.) to grant the
exemption in accordance with its findings. The decision of the Parish Council shall be
final.
6. Establishment of fee schedule.
a. Any person who causes the commencement of Traffic-Generating Development, except those persons exempted or preparing an independent fee calculation study pursuant to subsection 7 hereof, shall pay a road impact fee in accordance with the following fee
schedule. The descriptions of the land use codes in the most current edition of the report
titled “Trip Generation”, prepared by the Institute of Transportation Engineers (ITE), shall
be used to determine the appropriate land use type.
Road Impact Fee Schedule
Single Family Detached Per Dwelling Unit $ 1,468.00
Multiple Family Per Dwelling Unit 902.00
Retail Per 1000 sq. ft. 1,833.00
Office/Institutional Per 1000 sq. ft. 2,173.00
Industrial Per 1000 sq. ft. 1,254.00
b. If the type of Traffic-Generating Development for which a building permit is requested is not
specified on the above fee schedule, the Road Impact Fee Administrator (R.I.F.A.) shall determine
the fee on the basis of the fee applicable to the most nearly comparable type of land use on the fee
schedule. The Road Impact Fee Administrator (R.I.F.A.) shall be guided in the selection of a
comparable type of land use by:
(1) Using trip generation rates contained in the most current edition of the report titled
Trip Generation, prepared by the Institute of Transportation Engineers (ITE), articles or
reports appearing in the ITE Journal, or studies or reports done by the U.S.
Department of Transportation, and applying the formula set forth in subsection 7.d;
or
(2) Computing the fee by use of an independent fee calculation study as provided in
subsection 7 of this Transportation Impact Fee Ordinance.
7. Independent Fee Calculation Study.
a. The impact fee may be computed by the use of an Independent Fee Calculation Study at the
election of the Fee Payer, or upon the request of the Road Impact Fee Administrator (R.I.F.A.), for
any proposed land development activity interpreted as not one of those types listed on the fee
schedule, or as one that is not comparable to any land use on the fee schedule, or for any proposed
land development activity for which the Road Impact Fee Administrator (R.I.F.A.) concludes the
nature, timing or location of the proposed development makes it likely to generate impacts costing
substantially more or less to mitigate than the amount of the fee that would be generated by the
use of the fee schedule.
b. The preparation of the Independent Fee Calculation Study shall be the sole responsibility and
cost of the Fee Payer.
c. Any person who requests to perform an Independent Fee Calculation Study shall pay an
application fee for administrative costs associated with the review and decision on such Study.
d. The Independent Fee Calculation Study for the road impact fee shall be calculated by the
use of the following formula:
FEE: = VMT x NET COST/VMT
e. The fee calculation shall be based on data, information or assumptions contained in this
Transportation Impact Fee Ordinance or independent sources, provided that:
(1) The independent source is an accepted standard source of transportation engineering
or planning data; or
(2) The independent source is a local study on trip characteristics carried out by a
qualified traffic planner or engineer pursuant to an accepted methodology of
transportation planning or engineering; or
(3) The percent new trips factor used in the Independent Fee Calculation Study is based
on actual surveys prepared in St. Tammany Parish.
f. Procedure.
(1)
An Independent Fee Calculation Study shall be undertaken through the submission of
an application for an independent fee calculation. A potential Fee Payer may submit
such an application. The Road Impact Fee Administrator (R.I.F.A.) may submit such
an application for any proposed land development activity interpreted as not one of
those types listed on the above fee schedule, or as one that is not comparable to any
land use on the fee schedule, or for any proposed land development activity for which
it is concluded the nature, timing or location of the proposed development makes it
likely to generate impacts costing substantially more or less to mitigate than the
amount of the fee that would be generated by the use of the fee schedule.
(2)
Within ten (10) days of receipt of an application for Independent Fee Calculation
Study from a fee payer, the Road Impact Fee Administrator (R.I.F.A.) shall determine
if the application is complete. If the Road Impact Fee Administrator (R.I.F.A.)
determines that the application is not complete, a written statement specifying the
deficiencies shall be sent by mail to the person submitting the application. The
application shall be deemed complete if no deficiencies are specified. The Road
Impact Fee Administrator (R.I.F.A.) shall take no further action on the application until
it is deemed complete.
(3)
When the Road Impact Fee Administrator (R.I.F.A.) determines that the application is
complete, the application shall be reviewed and the Road Impact Fee Administrator
(R.I.F.A.) shall render a written decision in thirty (30) days on whether the fee should
be modified and, if so, what the amount should be, based on the standards in
subsection 7.g. below.
g. Standards.
If, on the basis of generally-recognized principles of impact analysis, it is determined
that the data, information and assumptions used by the applicant to calculate the
Independent Fee Calculation Study satisfy the requirements of this subsection 7, the
fee determined in the Independent Fee Calculation Study shall be deemed the fee due
and owing for the proposed Traffic-Generating Development. The adjustment shall be
set forth in a Fee Agreement. If the Independent Fee Calculation Study fails to
satisfy the requirements of this subsection, the fee applied shall be that fee
established for the Traffic-Generating Development in subsection 6 above.
h. Appeal of decision.
(1) A Fee Payer affected by the administrative decision of the Road Impact Fee
Administrator (R.I.F.A.) on an Independent Fee Calculation Study may appeal such
decision to the St. Tammany Parish Council, by filing with the Road Impact Fee
Administrator (R.I.F.A.) within ten (10) days of the date of the written decision a written
notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee
Administrator (R.I.F.A.) shall place the appeal on the Council's agenda for the next
regularly scheduled meeting.
(2) The Parish Council, after hearing, shall have the power to affirm or reverse the
decision of the Road Impact Fee Administrator (R.I.F.A.). In making its decision, the Council
shall specify the reasons for its decision and apply the standards in subsection 7.g. above. If
the Council reverses the decision of the Road Impact Fee Administrator (R.I.F.A.), it shall direct
the Administrator to recalculate the fee in accordance with its decision. In no case shall the
Council have the authority to negotiate the amount of the fee or waive the fee. The decision
of the Council shall be final and not subject to further administrative appeal.
8. Credits.
a. Any person initiating Traffic-Generating Development may apply for credit against road
impact fees otherwise due, up to but not exceeding the full obligation for impact fees proposed to
be paid pursuant to the provisions of this Transportation Impact Fee Ordinance, for any
contributions, construction or dedication of land accepted or received by St. Tammany Parish for
Non-Site-Related Road Capital Improvements on the Major Road System, except as provided in
subparagraph c. hereinbelow.
b. Credits for contributions, construction or dedication of land for Non-Site-Related Road
Capital Improvements on the Major Road System shall be transferable within the same
development, but shall not be paid for other public facilities. The credit shall not exceed the
amount of the impact fees due and payable for the proposed Traffic-Generating Development.
c. St. Tammany Parish may enter into a Capital Contribution Front-Ending Agreement with any
person initiating Traffic-Generating Development who proposes to construct Non-Site-Related Road
Capital Improvements on the Major Road System. To the extent that the fair market value of the
construction of these Road Capital Improvements exceeds the obligation to pay impact fees for
which a credit is provided pursuant to this subsection 8, the Capital Contribution Front-Ending
Agreement shall provide proportionate and fair share reimbursement linked to new growth and
development's use of the Road Capital Improvement constructed.
d. Credit shall be in an amount equal to fair market value of the land dedicated for
right-of-way at the time of dedication, the fair market value of the construction at the time of its
completion, or the value of the contribution or payment at the time it is made for construction of a
Non-Site-Related Capital Road Improvement on the Major Road System.
e. Credits may include any dedication, construction, or contributions made by outside parties
subject to the limitations of this section.
f. Procedure for credit review.
(1) The determination of any credit shall be undertaken through the submission of an
Application for Credit Agreement, which shall be submitted to the Road Impact Fee
Administrator (R.I.F.A.).
(2) If the proposed application involves a credit for any contribution, the following
documentation must be provided:
i.
A certified copy of the development approval in which the contribution was
agreed;
ii. If payment has been made, proof of payment; or
iii. If payment has not been made, the proposed method of payment.
(3) If the proposed application involves credit for the dedication of land:
i. A drawing and legal description of the land;
ii. The appraised fair market value of the land at the date a building permit is proposed to be issued for the traffic-generating land development activity,
prepared by a professional Real Estate Appraiser who is a member of the Member
Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers
(SRA), and if applicable, a certified copy of the development permit in which the
land was agreed to be dedicated.
(4) If the proposed Application for Credit Agreement involves construction:
i. The proposed plan of the specific construction prepared and certified by a duly
qualified and licensed Louisiana engineer or contractor;
Impact Fee Administrator (R.I.F.A.), within ten (10) days of the date of the written
decision, a written notice stating and specifying briefly the grounds of the appeal. The
Road Impact Fee Administrator (R.I.F.A.) shall place such appeal on the Council's agenda
for the next regularly scheduled meeting. The Parish Council, after a hearing, shall affirm
or reverse the decision of the Road Impact Fee Administrator (R.I.F.A.) based on the
standards in subsections 8.a. through 8.d. above. If the Parish Council reverses the
decision, it shall direct the Road Impact Fee Administrator (R.I.F.A.) to readjust the credit
in accordance with its findings. The decision of the Parish Council shall be final.
9. Fee Expenditures.
a. St. Tammany Parish shall establish a Road Impact Fee Escrow Account for the purpose of
ensuring that Fee Payers receive sufficient benefit for road impact fees paid.
b. All road impact fees collected by St. Tammany Parish shall be immediately deposited into
the Road Impact Fee Escrow Account.
c. All proceeds in the Road Impact Fee Escrow Account not immediately necessary for
expenditure shall be invested in an interest-bearing account. All income derived from these
investments shall be retained in the Escrow Account. Records of the Road Impact Fee Escrow
Account shall be available for public inspection.
d. Each year, at the time the annual budget is reviewed, the Road Impact Fee Administrator
(R.I.F.A.) shall recommend appropriations to be spent from the Escrow Account to the Parish
Council. After review of the recommendation, the Council shall approve or modify the
recommended expenditures of the Escrow Account monies. Expenditures shall be made from the
Escrow Account only for Non-Site-Related Improvements to the Major Road System. Any amounts
not appropriated from the Escrow Account, together with any interest earnings, shall be carried
over to the following fiscal period.
e. Each year, the Road Impact Fee Administrator (R.I.F.A.) shall prepare a report to the Parish
Council identifying the expenditures of the previous year for the projects for which the Council
approved funds.
10. Refunds.
a. Refund of fees not spent: Any fees collected shall be returned to the Fee Payer or the Fee
Payer's successor in interest if the fees have not been spent within ten (10) years from the date
the building permit for the development was issued, along with interest of five percent (5%) a year.
Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent.
b. Refund procedure: The refund shall be administered by the Road Impact Fee Administrator
(R.I.F.A.), and shall be undertaken through the following process:
(1) A Refund Application shall be submitted within one (1) year following the end of the
tenth year from the date on which the building permit was issued on the proposed
development. The Refund Application shall include the following information:
i. A copy of the dated receipt issued for payment of the fee;
iii. Evidence that the applicant is the successor in interest to the fee payer.
(2) Within ten (10) days of receipt of the Refund Application, the Road Impact
Fee Administrator (R.I.F.A.) shall determine if it is complete. If the Road Impact
Fee Administrator (R.I.F.A.) determines that the application is not complete, a
written statement specifying the deficiencies shall be forwarded by mail to the
person submitting the application. Unless the deficiencies are corrected, the
Road Impact Fee Administrator (R.I.F.A.) shall take no further action on the
Refund Application.
(3) When the Road Impact Fee Administrator (R.I.F.A.) determines that the
Refund Application is complete, it shall be reviewed within thirty (30) days, and
shall be approved if it is determined that the Fee Payer or a successor in interest
has paid a fee which has not been spent within the period of time permitted
under this Transportation Impact Fee Ordinance. The refund shall include the fee
paid plus interest.
c. Appeal of refund decision: A Fee Payer affected by a decision of the Road Impact Fee
Administrator (R.I.F.A.) may appeal such decision to the Parish Council by filing with the Road
Impact Fee Administrator (R.I.F.A.), within ten (10) days of the date of the written decision, a
written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee
Administrator (R.I.F.A.) shall place such appeal on the